Chapter 18, Chapter 18

As used in Chapter 18, Article 5 NMSA 1978: A. "commission" means the New Mexico arts commission; B. "creative arts" means the act of writing, composing or designating and executing literature, including poetry; drama; music, including opera and choral works; ballet and dance; pa…

A. There is created the "New Mexico arts commission." B. The commission is composed of fifteen members, appointed by the governor. Members shall be broadly representative of all fields of the creative and interpretative arts. C. Members of the commission shall be residents of thi…

A. Annually, at the November meeting, the commission as a whole shall organize by the nomination, election and installation of a vice chairman and a secretary of the commission. The chairman of the commission, to be appointed by the governor, will take office at this time. B. The…

A. The commission will be advisory to the director of the arts division, to the state cultural affairs officer and to state government in general where not in conflict with other statutory agencies. The governor will receive general counsel on the arts from the commission and fro…

A. The "arts division" is created within the cultural affairs department. B. Subject to the authority of the secretary of cultural affairs, the administrative and executive head of the arts division is the "director" of the arts division. The director shall be hired by the secret…

The powers and duties of the arts division of the office of cultural affairs shall be: A. to advise and assist public agencies in planning civic beautification; B. to foster appreciation for the fine arts; C. to make this state more appealing to the world; D. to encourage the cre…

Sections 18-6-1 through 18-6-17 NMSA 1978 may be cited as the "Cultural Properties Act". History: 1953 Comp., § 4-27-4, enacted by Laws 1969, ch. 223, § 1; 1977, ch. 246, § 34; 2004, ch. 25, § 27.

A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]; and persons having knowledge of the location of a…

penalty. A. It is unlawful for a person or the person's agent or employee to excavate with the use of mechanical earthmoving equipment an archaeological site for the purpose of collecting or removing objects of antiquity if the archaeological site is located on private land in th…

A. Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the state of New Mexico, shall remain confidential unless the custodian of such information determines that the disseminatio…

penalty. A. Each human burial in the state interred in any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition. B. A person who knowingly, willfully and intentionally excavates, removes, disturbs or destr…

A cultural property which the committee thinks may be worthy of preservation may be included on the official register on a temporary basis for not more than one year, during which time the committee shall investigate the property and make a determination as to whether it may be p…

The state historian at the state records center is designated as "state historian" for purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. History: 1953 Comp., § 4-27-15, enacted by Laws 1969, ch. 223, § 12; 1981, ch. 48, § 1.

The state archaeologist in the cultural affairs department is designated as "state archaeologist" for the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The state archaeologist shall be professionally recognized in the discipline of archaeology, shall have…

revolving fund; report. The historic preservation division shall encourage and promote publications relating to cultural properties that have been prepared pursuant to the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The historic preservation division may prepare or con…

historic site care and management. The governor is authorized, upon the recommendation of the committee and the board of regents of the museum of New Mexico, to declare by public proclamation that any cultural property situated on lands owned or controlled by the state shall be a…

This act [18-6-18 to 18-6-23 NMSA 1978] may be cited as the "Historic Preservation Loan Act". History: Laws 1987, ch. 7, § 1.

The purpose of the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978] is to provide owners of registered cultural properties in New Mexico with low-cost financial assistance in the restoration, rehabilitation and repair of properties listed in the state register of cul…

The legislature hereby declares that the historical and cultural heritage of the state is one of the state's most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and si…

As used in the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978]: A. "committee" means the cultural properties review committee; B. "division" means the historic preservation division of the cultural affairs department; C. "fund" means the historic preservation loan f…

A. There is created in the state treasury a revolving loan fund which shall be known as the "historic preservation loan fund". The division shall administer the fund and may make loans from the fund in accordance with the Historic Preservation Loan Act [18-6- 18 to 18-6-23 NMSA 1…

A. The division shall establish a program to make direct loans or loan subsidies and a program to contract with one or more lending institutions for deposits to be used for the purpose of making or subsidizing loans to owners of registered cultural properties for the restoration,…

A. Loans or loan subsidies from the fund shall be made only to property owners who: (1) agree to repay the loan and to maintain the registered cultural property as restored, rehabilitated or repaired for a specified period but in no case less than seven years; (2) agree to mainta…

This act [18-6-24 to 18-6-27 NMSA 1978] may be cited as the "Reburial Grounds Act". History: Laws 2007, ch. 299, § 1 and Laws 2007, ch. 300, § 1.

As used in the Reburial Grounds Act [18-6-24 to 18-6-27 NMSA 1978]: A. "department" means the cultural affairs department; B. "descendant group" means persons demonstrably related to the remains by consanguinity, family affiliation, clan or direct historical association and inclu…

Except as otherwise designated by the department, remains shall be reburied in the reburial grounds unless a descendant group that demonstrates a relationship to the remains requests otherwise. History: Laws 2007, ch. 299, § 3 and Laws 2007, ch. 300, § 3.

The department shall facilitate the designation of state or federal land for reburial of unmarked remains not claimed by a descendant group and shall: A. by September 1, 2007, organize a working group that includes representatives of the department, the Indian affairs department …

As used in the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]: A. "committee" means the cultural properties review committee; B. "cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural signif…

term; chairman; meetings. A. The "cultural properties review committee" is created, which consists of nine members as follows: (1) the state historian at the state archives and record center; (2) one person professionally recognized in the discipline of architectural history; (3)…

The primary function of the committee is to review proposals for the preservation of cultural properties. The committee is authorized to take such actions as are reasonable and consistent with law to identify cultural properties and to advise on the protection and preservation of…

the cultural properties act. A. The cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody. B. Unless other locations are deemed more appropriate by the committee, in consultation wit…

administration and cooperation for purposes of the cultural properties act. A. The state historic preservation officer of the historic preservation division of the cultural affairs department shall, with the concurrence of the committee, prepare a long- range plan for the preserv…

qualifications; duties. A. The "historic preservation division" is created within the cultural affairs department. B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of cultural affairs with the consent of the gove…

The historic preservation division of the office of cultural affairs shall periodically furnish copies of the official register, or relevant sections of the official register, to state agencies and departments and shall periodically advise state agencies and departments of the st…

destruction; criminal damage to property. A. Any person who knowingly excavates, injures or destroys cultural property located on state land without a permit is guilty of criminal damage to property. B. Any person who solicits, employs or counsels another person to excavate, inju…

A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny. B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny. C. …

civil penalties. Any person violating the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] shall be liable for civil damages to the state agency, department, institution or political subdivision having jurisdiction over the cultural property in an amount eq…

Any instrument, vehicle, tool or equipment used or intended to be used to violate the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] is subject to forfeiture, and the provisions of the Forfeiture Act [31-27-1 to 31-27-8 NMSA 1978] apply to the seizure, fo…

Chapter 18, Article 6A NMSA 1978 may be cited as the "Cultural Properties Protection Act". History: Laws 1993, ch. 176, § 1; 2004, ch. 25 , § 34.

As used in the Cultural Properties Protection Act: A. "committee" means the cultural properties review committee; B. "cultural property" means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance; C. "divisio…

A. The "cultural properties restoration fund" is created in the state treasury. The fund may receive money appropriated by the legislature or gifts, grants, bequests or payments for services rendered by the division from any public or private source. All money appropriated to the…

A. The officer shall administer the provisions of the Cultural Properties Protection Act and shall adopt rules, regulations and criteria for reviewing and awarding grants as necessary to carry out the provisions of that act. B. Rules and regulations shall include: (1) the method …

The officer shall, in cooperation with the heads of state agencies, establish a system of professional surveys of cultural properties on state lands. State agencies shall cooperate with the officer and exercise due caution to ensure that cultural properties are not inadvertently …

As authorized by the Joint Powers Agreements Act [11-1-1 NMSA 1978], any state agency may enter into a joint powers agreement with the division to effect the purposes of the Cultural Properties Protection Act. History: Laws 1993, ch. 176, § 6.

The "museum of space history division" is created within the cultural affairs department. The principal facility of the division is the "museum of space history" located in Alamogordo. The site shall be held in the name of the state. History: 1953 Comp., § 73-46-1, enacted by Law…

There is created the "New Mexico museum of space history commission" consisting of eleven members appointed by the governor. Membership shall be composed of geographically diverse residents of the state that are proficient in the scientific study of space, museums or other releva…

and duties. The New Mexico museum of space history commission shall: A. establish museum of space history policy and determine the mission and direct the development of the museum subject to the approval of the secretary of cultural affairs; B. hold title to all property for muse…

The commission shall establish a policy to permit New Mexico residents age sixty years and above to enter all publicly accessible exhibit and program areas, except special exhibits and programs where commissions or royalties are paid by contract, free of charge every Wednesday th…

qualifications. A. Subject to the authority of the secretary of cultural affairs, the administrative and executive officer of the museum of space history division and the museum of space history is the "director" of the division. B. The director shall meet the following minimum q…

Consistent with the policies of the secretary of cultural affairs and the New Mexico museum of space history commission, the director of the museum of space history: A. may: (1) solicit and receive funds or property, including federal funds and public and private grants, for the …