New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
"Archaeological investigation"
means the study of archaeological
				sites, isolates and areas of historic and scientific interest including without
				limitation survey and inventory, examination, collection, limited tests, test
				excavation, excavation and monitoring.
B.
"ARMS"
means the
				archaeological records management section within the historic preservation
				division that maintains NMCRIS, associated cultural resource records and the
				records repository pursuant to 4.10.19 NMAC.
C.
"Archaeological site"
or
"site"
means a location where there exists material evidence of
				the past life and culture of human beings in the state and is the location of a
				significant event, a prehistoric or historic occupation or activity, or a
				building or structure, whether standing, ruined or vanished, where the location
				itself maintains historical or archaeological value regardless of the value of
				any existing structure. An archaeological site typically is 50 or more years
				old. Examples of archaeological sites include without limitation campsites,
				habitation sites, ruins of buildings or structures, artifact scatters, resource
				procurement or processing areas, agricultural fields, locales with one or more
				features in association with other cultural materials.
D.
"Area of potential effect"
or
"APE"
means the geographic area or areas within which an
				undertaking may directly or indirectly cause changes in the character or use of
				a cultural property, if any such properties exist. The APE is influenced by the
				scale and nature of an undertaking, variation in topography and vegetation, and
				may be different for different kinds of effects caused by the undertaking and
				may include a buffer area to adequately account for direct and indirect
				effects.
E.
"Area of historic
				and scientific interest"
means an area lacking surface evidence of
				cultural resources but where there is a high probability of finding subsurface
				material remains and cultural deposits.
F.
"Collection"
means the
				removal of material remains from state land, whether or not the remains are
				located within an archaeological site or isolate as defined herein.
G.
"Commissioner of public
				lands"
or
"commissioner"
means the executive officer of the
				state land office, who shall have jurisdiction over all state trust lands and
				shall have the management, care, custody, control and disposition thereof in
				accordance with the provisions of state statutes and the law or laws under
				which such lands have been or may be acquired.
H.
"Committee"
or
"CPRC"
means the cultural properties review
				committee
,
created pursuant to Section
				18-6-4
				of the Cultural Properties Act.
I.
"Cultural landscape"
means a geographic area including both
				cultural and natural resources associated with a historic event, activity or
				person or exhibiting other cultural or aesthetic values. Landscapes include
				formally designed landscapes, vernacular landscapes, sites and ethnographic
				landscapes.
J.
"Cultural
				property"
means a structure, place, site or object having historic,
				archaeological, scientific, architectural or other cultural
				significance.
K.
"Cultural
				resource"
means any archaeological, historic, or architectural sites,
				districts, landscapes, buildings, structures, objects, and places of
				traditional cultural or religious importance to specified social or cultural
				groups. Cultural resources may be significant and eligible for listing in the
				national register of historic places or state register of cultural properties;
				they may be insignificant and ineligible for either register; or cultural
				resources may not have been evaluated to determine their significance and
				eligibility.
L.
"District"
means a significant concentration, linkage, or
				continuity of sites, buildings, structures, landscape elements, or objects
				united historically or aesthetically by plan or physical development.
M.
"Effect"
means any alteration
				of the cultural property's physical characteristics, including relevant
				features of its immediate environment, which may diminish the integrity of the
				property's location, design, setting, material, workmanship or association.
				"Effects" include, but are not limited to, physical destruction, damage or
				alteration of all or part of the property; alteration of the character of the
				property's surrounding environment where the character contributes to the
				property's eligibility; introduction of visual, audible or atmospheric elements
				that are out of character with the property or alter its setting, and neglect
				of a property resulting in its deterioration or destruction. Effects include
				those caused by the undertaking that are later in time or farther removed in
				distance, but are still reasonably foreseeable.
N.
"Easement"
means a right or
				privilege granted by the commissioner of public lands or by the state agency on
				lands under their jurisdiction to use a defined area for a prescribed purpose
				and time.
O.
"Excavation"
means to systematically dig up artifacts, deposits or
				material remains within the boundaries of an archaeological site, isolate or
				area of historic and scientific interest using hand tools or mechanical
				earth-moving equipment.
P.
"General Permit"
means a permit for survey and inventory and test
				excavation or monitoring on state land issued by the CPRC with the concurrence
				of the state archaeologist and the SHPO to a qualified institution. Staff
				listed on the roster of the permit must be listed in the SHPO
				directory.
Q.
"Historic
				preservation division"
or
"HPD"
means the division within
				the department of cultural affairs created pursuant to Subsection A of Section
				18-6-8
				NMSA 1978 of the Cultural Properties Act.
R.
"Historic structures and
				buildings"
means buildings or structures that are 50 or more years old
				or properties less than 50 years old that either meet the requirements of
				national register criteria consideration G (properties that have achieved
				significance within the past 50 years) or properties that are likely to meet
				the integrity and significance criteria in 30 CFR 60.4 within five years of the
				date of recording.
(1) A historic structure
				is a functional construction made usually for purposes other than creating
				human shelter. Structures include bridges, dams, canals, wells and other
				engineering works such as engineered roads and highways, tunnels, turbines,
				pipelines, refineries, stamp mills, smelters, power plants, silos, grain
				elevators and locomotives.
(2) A
				historic building is created principally to shelter any form of human activity.
				Buildings include but are not limited to houses, barns, stables, sheds,
				garages, warehouses, courthouses, city halls, social halls, commercial
				buildings, libraries, factories, mills, train depots, motels, theaters,
				schools, stores and churches. The term building may also be used to refer to a
				historically and functionally related unit such as a courthouse and jail or a
				house and barn.