New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
As used in 19.2.24 NMAC, the following terms have the meaning
				  set forth in this section unless otherwise indicated in the text of this
				  rule:
A.
"Archaeological
				survey"
or
"Survey"
means a visual inspection of land to
				examine, identify, record, evaluate, and interpret cultural properties, which
				may include communications with potentially impacted tribes and may include
				limited tests but shall not include excavation or test excavation, as provided
				in 4.10.15 NMAC. An archaeological survey is conducted by an archaeologist who
				meets the professional qualification standards in accordance with 4.10.8
				NMAC.
B.
"Area of potential
				effect"
or
"APE"
means the geographic area or areas within
				which a project may directly or indirectly cause changes in the character or
				use of a cultural property, if any such properties exist, as provided in
				4.10.15 NMAC. The APE is influenced by the scale and nature of the project,
				variation in topography and vegetation, and the results of consultations, and
				may be different for different kinds of effects caused by the undertaking and
				may include a buffer.
C.
"ARMS inspection"
means a search of the New Mexico cultural
				resources information system (NMCRIS) and the other cultural resource records
				maintained by the archaeological records management section (ARMS) of the
				historic preservation division of the New Mexico department of cultural
				affairs, in accordance with
				4.10.15.9
				NMAC.
D.
"Commissioner"
means the commissioner of public lands. The
				commissioner is the executive officer of the state land office and may delegate
				to state land office staff the performance of duties required of the
				commissioner under this rule.
E.
"Cultural property"
means a structure, place, site, object, or
				resource having historic, archaeological, scientific, architectural, or other
				cultural significance. A cultural property includes a property listed on or
				eligible for inclusion on either the New Mexico register of cultural properties
				pursuant to the Cultural Properties Act, or listed on or eligible for listing
				on the national register of historic places pursuant to the National Historic
				Preservation Act,
				54 U.S.C.
				300101 et seq.
F.
"Cultural Properties Act"
means the New Mexico Cultural Properties Act, Sections
				18-6-1
				through
				18-6-17
				NMSA 1978.
G.
"Cultural
				Properties Protection Act"
means the New Mexico Cultural Properties
				Protection Act, Sections
				18-6A-1
				through
				18-6A-6
				NMSA 1978.
H.
"Party"
means any person applying to the commissioner for a lease, sublease, easement,
				permit, license, grant, amendment, certificate or other instrument issued by
				the commissioner of public lands; any person to whom the commissioner has
				issued a lease, sublease, easement, permit, license, grant, amendment;
				certificate or other instrument; and any person who is otherwise lawfully
				present and conducting activities on state trust lands, including well
				operators and unit operators.
I.
"Person"
is a natural person or group of persons, or a
				partnership, corporate entity, association or organization, governmental
				entity, or any other legal entity.
J.
"Project"
means any surface
				disturbing activity or proposed surface disturbing activity on state trust
				lands that requires a lease, sublease, easement, permit, license, grant,
				amendment, certificate, or other entitlement from the commissioner, as well as
				any surface disturbing activity that is directly undertaken by the state land
				office. Project activity includes temporary work spaces and installation
				surface disturbing activities.
K.
"State historic preservation officer"
or
"SHPO"
means
				the individual appointed pursuant to Section
				18-6-8
				NMSA 1978 of the Cultural Properties Act who serves as the director of the
				historic preservation division of the New Mexico department of cultural
				affairs.
L.
"State land
				office"
means the New Mexico state land office.
M.
"State trust lands" or "trust
				lands"
means those lands, their natural products, and all assets derived
				from them, which are under the care, custody, and control of the
				commissioner.
N.
"Surface
				disturbance" or "Surface disturbing"
means any ground disturbing or
				ground breaking activity, including but not limited to blading, scraping,
				contouring, excavating, trenching, drilling, digging, burying, paving,
				covering, or compacting soil surfaces, whether or not previously disturbed, and
				whether or not the person engaged in those activities is authorized to occupy
				or use state trust lands.
O.
"Tribe"
means any tribe, nation, or pueblo that may or may not be
				federally recognized but has indicated cultural affinity to New Mexico areas as
				documented in the tribal consultation list maintained by the historic
				preservation division of the New Mexico department of cultural
				affairs.
P.
"Trust"
means the trust established by the Enabling Act (Act of June 20, 1910, 36
				Statutes at Large 557, Chapter 310) and that trust's assets, which are
				administered through the state land office by the commissioner.