New Mexico Administrative Code

State agencies that own or administer cultural properties may receive grants from the cultural properties restoration fund according to the procedures and criteria established in this regulation.

This regulation is created pursuant to the Cultural Properties Protection Act, NMSA 1978 Sections 18-6A-1 through 18-6A-6, which requires the state historic preservation officer to issue regulations and criteria for reviewing and awarding grants as necessary for carrying out the …

Permanent.

11/23/94, unless a later date is cited at the end of a section or paragraph. Reformatted in NMAC format effective 11/15/97.

The purpose of this regulation is to establish a procedure to provide grants from the cultural properties restoration fund, when funds are available, for interpretation, restoration, preservation, stabilization, and protection of cultural properties that are state properties.

A. "Committee" means the cultural properties review committee as created in Section 18-6-5 NMSA 1978. B. "Cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance. C. "Division" means the…

In order to receive a grant from the fund, an applicant must be a state agency, own or administer a cultural property that is state property, and have a demonstrated ability to administer grants.

At least once during each state fiscal year, if funds are available, the officer shall notify state agencies of the opportunity to submit proposals for grants from the fund. This notification shall contain information about the date that proposals must be submitted, the format, a…

Cultural Properties Review Committee. Contact State Historic Preservation Division, Department of Cultural Affairs.

A. HPD shall receive permit applications including attachments and maintain current files for each individual or firm who has a mechanical excavation permit. B. HPD shall review all information submitted in support of the application for completeness, accuracy, and conformance wi…

A. Permittees shall abide by all stipulations contained in this rule and any special stipulations imposed by the CPRC, the state archaeologist, the SHPO or the owner of the land on which the site is located. These additional stipulations shall be set out in writing on the permit.…

All permitted excavations using mechanical equipment shall conform to the following standards. A. Mechanical excavation may be used to define stratigraphy, locate subsurface features and cultural deposits and remove sterile overburden. B. Controlled surface collection of artifact…

A. The permittee may submit to HPD one copy of a preliminary report on the results of the excavation including relevant maps, drawings, photographs and other documents for review and acceptance by HPD prior to construction and when a final report cannot be completed before constr…

The CPRC, SHPO and state archaeologist reserve the right to waive or deviate from this rule or any parts of this rule under circumstances deemed necessary by the CPRC, SHPO and state archaeologist. Any waiver or deviance from this rule shall occur while maintaining the spirit, in…

This rule applies to all public and private entities proposing to excavate, with the aid of mechanical earth-moving equipment, an archaeological site on private land. This rule does not apply to state or federal lands or to lands held in trust for an Indian tribe by the federal g…

Section 18 -6-10 NMSA 1978 and Section 18-6-11 NMSA 1978 of the Cultural Properties Act.

Permanent.

January 16, 2019, unless a later date is cited at the end of a section.

This rule describes procedures used to assist owners to preserve cultural properties situated on privately owned land and the procedures and standards to excavate an archaeological site on private land using mechanical earth-moving equipment.

A. "Agent" means an individual who is authorized by a written agreement with a private landowner to act on behalf of the landowner and who works under the landowner's personal and direct supervision. B. "Archaeological investigation" means the study of archaeological sites, isola…

A. The CPRC and the SHPO offer technical assistance to owners of cultural properties on private land with the purpose to:(1) identify and register cultural properties worthy of preservation on the state register; (2) provide advice to owners interested in the protection, rehabili…

The CPRC issues, with the concurrence of the state archaeologist and the SHPO, permits to use mechanical earth-moving equipment in the excavation of an archaeological site on private land when a public or private entity other than the landowner or the agent of the landowner propo…

Cultural Properties Review Committee. Contact State Historic Preservation Division, Department of Cultural Affairs.

Intensive surveys performed on state land shall be conducted in accordance with the following specifications. The state agency with jurisdiction may specify additional requirements and standards that meet or exceed the following specifications. All work shall be performed under t…

A. Record all archaeological sites located within the project area and include the portions of sites that extend outside of the APE or project area if the entirety of the site lies on state land. If a portion of the site lies on land not owned, controlled or operated by a state a…

A. Record all large historic sites and districts 50 or more years old that are located within the APE or project area or that may be eligible for the state or national registers within 5 years of the date of the survey. The recording shall be performed under the review of an arch…

A. There is no standardized form for recording isolates on state lands. Isolates shall be listed and described in a table, on a form developed by the individual or firm performing the survey or on a form required by the state agency. (1) Include all qualitative and quantitative o…

A. Collection of artifacts. Collection of artifacts from archaeological sites and isolates is strongly discouraged. Collection of artifacts from state trust lands shall be allowed only with the written permission of the Commissioner. In all other cases, collections are permitted …

A. Purpose. Limited tests of archaeological sites during survey are strongly discouraged. Total surface disturbance resulting from the tests shall not exceed five one-hundredths percent (.05%) of the total site area. The supervisory archaeologist should consider the following whe…

Evaluate each property identified during the survey in conformance with this section and document in the technical report and on the LA archaeological site record or HCPI form. Depending on the complexity and scale of the project, present evaluations in both narrative and tabular…

Prepare a research design for sample, thematic and other surveys to be performed under a project-specific permit. Research designs are not required for surveys performed under a general permit. A. Purpose. A research design shall detail the reason for the survey and how the surve…

A. Obtain a NMCRIS number from ARMS immediately following the completion of the survey and prior to writing and submitting a report. If any archaeological sites were encountered during survey, request an LA archaeological site number for each newly discovered site. Do not request…

The NMCRIS investigation abstract constitutes the final survey report for surveys that do not identify cultural properties of any kind or only identify isolates. Letter reports are prohibited. A. Complete all sections of the NMCRIS investigation abstract. Anelectronic version of …

This rule applies to all public and private entities, including but not limited to, individuals, corporations, partnerships, trusts, associations, educational institutions, foundations, museums and any agency of the federal government conducting or proposing to conduct archaeolog…

Prepare a technical report for all surveys that identify archaeological sites, historic structures and buildings, isolates and other cultural properties. Letter reports are prohibited. Include the results of any limited tests conducted. A standard survey report shall contain the …

For positive surveys of 160 acres or more, surveys that identify 10 or more sites, or whenever the cultural resources of importance or of general interest are identified, prepare a short popular summary suitable for distribution in a newspaper, newsletter or magazine. The purpose…

The CPRC, SHPO and state archaeologist reserve the right to waive or deviate from this rule or any parts of this rule under circumstances deemed necessary by the CPRC, SHPO and state archaeologist. Any waiver or deviance from this rule shall occur while maintaining the spirit, in…

Section 18-6-5 (NMSA 1978) of the Cultural Properties Act.

Permanent.

January 1, 2006, unless a later date is cited at the end of a section.

This rule describes procedures and standards to conduct surveys to identify, record and evaluate archaeological sites, isolates, other cultural properties and areas of historic and scientific interest on lands owned, controlled or operated by a department, agency, institution or …

A. "Archaeological investigation" means the study of archaeological sites, isolates and other cultural properties and areas of historic and scientific interest including without limitation survey and inventory, examination, collection, limited tests, test excavation, excavation a…

Surveys are conducted to identify, record, evaluate and interpret cultural properties and to relocate, update records and evaluate previously identified cultural properties including but not limited to archaeological sites, historic structures and buildings, isolates and other pr…

A. Obtain a general permit or project-specific permit authorizing survey pursuant to 4.10.8 NMAC prior to commencement of work. B. Conduct a literature and files search to identify the type, location and distribution of previously recorded cultural properties; to gather informati…

Cultural Properties Review Committee. Contact State Historic Preservation Division, Department of Cultural Affairs.

A. Purpose. Test excavation plans are methodological in orientation and are designed to secure specific descriptive information concerning the nature and extent of an archaeological site or area of historic and scientific interest. Test excavation plans typically do not contain s…

A. Test excavation shall be conducted under a project-specific permit when the applicant: (1) proposes to substitute alternate test excavation methods for the standards in 4.10.16.9 NMAC; (2) proposes test excavation on state trust land undertaken independent of an activity autho…

A. Excavation shall be designed to recover information about those significant values for which a property is considered eligible for inclusion in the national register or listed on the state register. Excavation shall be guided by an explicit research design that identifies spec…

A. Purpose. A research design explains the purpose of the project, the scope of work proposed and how the fieldwork and analysis of the archaeological site(s) or area(s) of historic and scientific interest contributes to a greater understanding of the cultural heritage of the sta…

A preliminary report may be prepared for excavation and test excavation projects when requested by the state agency or included in the test excavation plan or research design. Letter reports are prohibited. At a minimum, a preliminary report shall include the following informatio…