reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.9 - PROGRAM REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Program requirements include the following criteria and
				  procedures:
A. All plans,
				specifications, descriptions or research designs for a project for which a
				state income tax credit is to be claimed, shall be presented to the committee
				for review in a regularly scheduled meeting in Part 1 of the application prior
				to the commencement of work. All work that will affect the property during the
				project time frame shall be described, whether or not it is eligible for credit
				within the program. The application shall be received in the office of the
				division at least 14 days prior to the committee meeting in which it shall be
				reviewed. The division shall determine whether the information being presented
				is complete and adequate for committee review.
B. The owner of the cultural property must
				have consented in writing to listing on the register by the time of
				application.
C. The committee will
				review the application for conformance with the applicable standards and will
				take action on the application. Such action will take the form of an approval,
				approval with conditions, tabling, or denial. The applicant will be notified of
				the committee's decision within 14 days of the committee's meeting.
D. Projects must be completed within 24
				months of the approval date. Alterations to approved projects must be submitted
				to the committee for action at a regularly scheduled meeting.
E. After the project is completed, the owner
				of a registered cultural property will submit an application to the committee
				for the certification of approved restoration, preservation or rehabilitation
				and shall provide to the committee a complete description with photographs of
				all work performed. Part 2 of the application (requests for certification of
				completed work) shall be received by the division at least 14 days prior to the
				committee's meeting in which it will be reviewed and within 60 days after the
				completion of the work, but in no event later than January 25 of the year
				following the taxable year in which the credit is claimed. The division shall
				determine whether the information being presented is complete and adequate for
				committee review. The property owner shall submit together with part 2,
				accurate and complete documentation, including a summary sheet of expenditures
				along with invoices, canceled checks, receipts or any documents requested by
				the committee of all expenses for which the property owner proposes to claim
				credit. Work items that are not eligible for credit shall not be included in
				the cost document within Part 2.
F.
				The committee shall review the completed work for conformity with the work
				schedule and the program standards.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.10 - NOTIFICATION OF CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
Upon review and certification of a completed Part 2, the
				  division shall notify the owner and the taxation and revenue department of the
				  total creditable cost of the approved project. Notification to the owner shall
				  be within 14 days after the committee meeting in which the project is
				  reviewed.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.11 - STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The committee
				will review architectural applications for conformance with the secretary of
				interior's Standards for Rehabilitation (published at 36 CFR Part 67,
				reproduced below).
(1) A property shall be
				used for its historic purpose or be placed in a new use that requires minimal
				change to the defining characteristics of the building and its site and
				environment.
(2) The historic
				character of a property shall be retained and preserved. The removal of
				historic materials or alteration of features and spaces that characterize a
				property shall be avoided.
(3) Each
				property shall be recognized as a physical record of its time, place and use.
				Changes that create a false sense of historical development, such as adding
				conjectural features or architectural elements from other buildings, shall not
				be undertaken.
(4) Most properties
				change over time; those changes that have acquired historic significance in
				their own right shall be retained and preserved.
(5) Distinctive features, finishes, and
				construction techniques or examples of craftsmanship that characterize a
				property shall be preserved.
(6)
				Deteriorated historic features shall be repaired rather than replaced. Where
				the severity of deterioration requires replacement of a dintinctive [sic]
				feature, the new feature shall match the old in design, color, texture, and
				other visual qualities and, where possible, materials. Replacement of missing
				features shall be substantiated by documentary, physical or pictorial
				evidence.
(7) Chemical or physical
				treatments, such as sand-blasting, that cause damage to historic materials
				shall not be used. The surface cleaning of structures, if appropriate, shall be
				undertaken using the gentlest means possible.
(8) Significant archeological resources
				affected by a project shall be protected and preserved. If such resources must
				be disturbed, mitigation measures shall be undertaken.
(9) New additions, exterior alterations, or
				related new construction shall not destroy historic materials that characterize
				the property. The new work shall be differentiated from the old and shall be
				compatible with the massing, size, scale and architectural features to protect
				the historic integrity of the property and its environment.
(10) New additions and adjacent or related
				new construction shall be undertaken in such a manner that, if removed in the
				future, the essential form and integrity of the historic property and its
				environment would be unimpaired.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.12 - NON-CREDITABLE WORK ITEMS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				committee may approve a project, as described in part 1, which contains work
				items that are not creditable. These items include, but are not necessarily
				limited to:
(1) new construction (except as
				may be required by current building and life safety codes);
(2) landscaping (except if such landscaping
				is significant for its historic qualities and is noted in the original
				nomination);
(3) routine
				maintenance (including, but not limited to, cleaning, painting, minor repairs
				and periodic upkeep except where these items are part of an initial overall
				restoration program);
(4) repairs
				to additions added to a structure after placement on the register, unless the
				addition has achieved historical significance;
(5) interior furnishings, unless of
				historical significance and noted in the nomination;
(6) archaeological site excavation.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.13 - CESSATION OF TAX CREDIT

Current through Register Vol. 35, No. 13, July 16, 2024
In case of the removal of the property from the register by
				  the committee because of unauthorized or improper alteration or preservation
				  technique which destroys the significant qualities of the structure, or by
				  reason of destruction or loss of the property, or for any other reason which
				  makes a property ineligible for continued listing on the register, the division
				  will inform the taxation and revenue department that no further credit may be
				  claimed by that owner for that project.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 9 - CREDIT TO STATE INCOME TAX FOR APPROVED RESTORATION, REHABILITATION OR PRESERVATION OF REGISTERED CULTURAL PROPERTIES › Section 4.10.9.14 - APPEALS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event a property owner's application for tax credit is
				  denied, or withdrawn for cause, the property owner may appeal that action
				  pursuant to the Tax Administration Act. (Section
				  7-1-1 -et.seq NMSA
				  1978).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applies to the historic preservation division, the cultural
				  properties review committee, the United States secretary of the interior and
				  local governments such as a city, county, village, town, municipality or any
				  political subdivision of the state.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is created pursuant to the Cultural
				  Properties Act, Section
				  18-6-8
				  NMSA 1978, which authorizes the state historic preservation officer to
				  administer the Cultural Properties Act, including to serve as the
				  administrative head of all the Cultural Properties Act's functions assigned to
				  the historic preservation division by law and to coordinate all duties
				  performed by and cooperate with entities, public or private, involved with
				  cultural properties. Pursuant to the National Historic Preservation Act,
				  16 U.S.C.
				  470 a(b)-(d), the state historic preservation
				  officer is the designated state official who shall be responsible for the
				  administration of the state historic preservation program which includes
				  providing a mechanism for the certification by the state historic preservation
				  officer of local governments to carry out the purposes of the National Historic
				  Preservation Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2008, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Since its initial enactment in 1966 and through several
				  amendments, the National Historic Preservation Act has provided the statutory
				  framework for the national historic preservation partnership. Federal, state,
				  tribal and local governments have well-defined and significant roles in the
				  identification, evaluation, designation and protection of historic and
				  prehistoric properties. The certified local government program is the primary
				  way through which qualified and interested local governments participate in the
				  national historic preservation partnership. The objective of this rule is to
				  establish the requirements and procedures for the certified local government
				  program and to describe how the program works in New Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.8 - DESCRIPTION AND STATEMENT OF PURPOSE

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to 36 CFR 61, the certified local government program
				  is designed to promote the identification, evaluation, nomination and
				  protection of cultural properties by establishing a partnership between the
				  local government and the HPD which seeks to encourage and expand local
				  involvement in preservation issues. Such partnerships will help to assure
				  that:
A. historic preservation issues
				are understood and addressed at the local level and are integrated into the
				local planning and decision-making process at the earliest possible
				opportunity;
B. local interests and
				concerns are integrated into the historic preservation process of the
				HPD;
C. information concerning
				local historic preservation issues is provided to the HPD and to the
				public;
D. local historic district
				and landmark legislation and historic preservation review commissions are
				established in local governments where they do not yet exist and are updated,
				if necessary, where they already exist;
E. existing archaeological records and
				historic cultural properties inventory information maintained by the HPD is
				made available to the local community to use in identifying and defining
				community and neighborhood development and historic district areas;
				and
F. by participating in the
				preservation of cultural properties within their communities, CLGs:
(1) assume a leadership role in the
				preservation of the community's prehistoric and historic resources;
(2) have a formal role in the national
				register nomination review process;
(3) participate in the establishment of
				regional and state historic preservation objectives;
(4) are eligible to apply for subgrants from
				a designated certified local government fund established annually by the HPD
				whenever such funds are available; and
(5) receive technical and advisory services
				from the HPD.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.9 - ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Any general
				purpose political subdivision of the state such as a city, village, county or
				town which meets the criteria set forth in this rule is eligible to apply for
				certification.
B. The National
				Historic Preservation Act and the historic preservation fund grants manual
				contain five broad standards which must be met by a local government seeking
				certification. The local government must:
(1)
				enforce appropriate state or local legislation for the designation and
				protection of historic properties;
(2) establish an adequate and qualified
				historic preservation review commission by state or local
				legislation;
(3) maintain a system
				for the survey and inventory of historic properties;
(4) provide for adequate public participation
				in the local historic preservation program including the process of
				recommending properties to the national register; and
(5) satisfactorily perform the
				responsibilities delegated to it under the act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.12 - PROFESSIONAL CONSULTANT TO CERTIFIED LOCAL GOVERNMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. In order to carry out the duties delegated
				to it, the CLG shall employ or have regular access by contract or letter of
				agreement to the equivalent of one professional who meets the professional
				qualification standards of the secretary of the interior's standards and
				guidelines for archaeology and historic preservation. The HPD will consider
				written proposals for alternative arrangements for CLGs who submit evidence
				that they have not been able to obtain such expertise due to a lack of
				financial resources or available professionals. Such alternatives must ensure
				that adequate expertise exists to allow the CLG to undertake its
				responsibilities.
B. Consultants
				shall be approved by the HPD to ensure that personnel have the necessary skills
				to carry out the specific responsibilities of that CLG. Staff requirements will
				vary according to the types of programs which the CLG undertakes and the duties
				delegated to it. Annual funds transferred to CLGs, as discussed in 4.10.10.19
				NMAC below, may be used toward retaining a preservation consultant.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.13 - SURVEY STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
CLGs shall establish a process for surveying the cultural
				  properties within their jurisdiction. Where inventories of cultural properties
				  have already been undertaken or are underway, a process for the continuation,
				  maintenance and organization of these data shall be defined.
A. All inventory activities shall be
				coordinated with and complementary to the New Mexico cultural resource
				information system (NMCRIS) which is HPD's archaeological records management
				and historic cultural properties inventory system.
B. Local inventories shall be in a format
				which is compatible with and can be easily integrated into the statewide
				comprehensive historic preservation planning system and other appropriate
				planning processes used by the HPD.
C. There shall be a cultural properties
				inventory for each designated historic district.
D. All inventory material shall be updated
				periodically to reflect changes, alterations, and demolitions. At a minimum,
				this shall include the updating of forms for all major work to significant and
				contributing cultural properties in an historic district and to
				landmarks.
E. All inventory
				material shall be maintained securely and shall be accessible to the public
				except when confidentiality of site location is required pursuant to Section
				18-6-11
				NMSA 1978 and the Archaeological Resources Protection Act,
				16 U.S.C.
				470 hh.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.14 - PUBLIC PARTICIPATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				All meetings of the historic preservation review commission shall be publicly
				announced, open and accessible to the public, and have a previously available
				agenda. Public notice shall be provided prior to any special meetings. Minutes
				of all decisions and actions of the commission, including the reasons for
				making these decisions, shall be kept on file and available for public
				inspection.
B. The SHPO and the CLG
				will work together to provide ample opportunity for public participation in the
				nomination of properties to the national register. All reports submitted by the
				CLG to the HPD regarding the eligibility of properties shall include assurances
				of public input. The CLG shall retain a list of all persons contacted during
				the evaluation period and note comments which it received. If a public meeting
				was held, a list of those attending shall be included in the report.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.16 - PERFORMANCE ASSESSMENT

Current through Register Vol. 35, No. 13, July 16, 2024
A. In
				order to determine that the CLG is satisfactorily performing the
				responsibilities delegated to it by the HPD, the CLG shall submit an annual
				report of the activities of the commission. These reports shall include, but
				are not limited to, such items as number of cases reviewed, new designations
				made, revised resumes of commission members, appointments to the commission,
				attendance records, all minutes related to the national register nominations
				and goals and objectives of the commission for the coming year. The report
				shall also document the educational meetings which commission members
				attended.
B. Notification of
				commission meetings shall be provided throughout the year to the HPD in a
				timely manner so that the HPD may attend such meetings or provide pertinent
				information.
C. The annual report
				shall be accompanied by a report on the expenditures of any grants received
				from the HPD during that year and shall follow fiscal accountability guidelines
				pursuant to the grants manual.
D.
				The report shall be due within 60 calendar days of the end of each federal
				fiscal year or at the end of the portion of the fiscal year in the first year
				of the establishment of the commission. Continued certification shall be based
				upon performance and review of the annual report of the activities of the
				commission. The HPD will review the CLG's final report within 45 calendar days
				of its receipt.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.17 - PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The chief elected local official of the
				appropriate local governing body shall request certification from the HPD. The
				request shall include:
(1) a written assurance
				that the local government has fulfilled all of the requirements outlined
				above;
(2) a copy of the local
				historic preservation ordinance;
(3) a list and accompanying maps of the areas
				designated as historic districts or individual landmarks within the local
				government's jurisdiction;
(4)
				resumes for each of the members of the historic preservation review commission;
				and
(5) a written provision that
				the local government will provide for a consultant who meets the secretary of
				interior's professional qualification standards to assist the commission, if
				needed.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 10 - CERTIFIED LOCAL GOVERNMENT PROGRAM › Section 4.10.10.18 - MONITORING AND DECERTIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The HPD will conduct periodic review and
				monitoring of CLGs to assure that each CLG is meeting applicable standards and
				fulfilling its duties, including the responsibilities delegated to the CLG
				under the National Historic Preservation Act. The CLG procedures shall also be
				in conformance with federal and state standards, including standards for
				statewide comprehensive historic preservation planning and other appropriate
				planning processes. These standards will be provided by the HPD. The HPD shall
				also review the annual reports, records of the administration of funds
				allocated from the HPD to the CLG, and other documents as necessary.
B. If the HPD evaluation indicates that the
				performance of a CLG is inadequate, the HPD shall document that assessment and
				delineate for the CLG ways to improve its performance. The CLG shall have a
				period of not less than 30 calendar nor more than 180 calendar days, depending
				on the corrective measures required, to implement improvements. If the HPD
				determines that sufficient improvement has not occurred, the HPD will recommend
				decertification of the local government to the secretary of the interior,
				citing specific reasons for the recommendations. When the local government is
				decertified, the HPD will terminate any financial assistance and will conduct a
				close-out review of any grants the CLG received from the HPD.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, State Historic Preservation
				  Division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The historic preservation division, the office of the medical
				  investigator, the cultural properties review committee, persons who discover
				  unmarked human burials, applicants for permits to excavate unmarked human
				  burials and individuals holding such permits. Section
				  18-6-11.2
				  NMSA 1978 applies to all lands of the state of New Mexico and all private lands
				  in the state of New Mexico. It does not apply to federal lands or to lands held
				  in trust for an Indian tribe by the federal government.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  18-6-11.2
				  of the Cultural Properties Act NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
9/15/89, unless a later date is cited at the end of a section
				  or paragraph. Reformatted to NMAC format effective 11/15/97.
The words or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of Part 11 of Chapter 10 is to establish the
				  procedures under which permits for the removal of unmarked human burials shall
				  or may be issued and the requirements and stipulations for analysis, treatment
				  and disposition of unmarked human burials.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Committee"
				means the cultural properties review committee, as authorized and defined in
				Section
				18-6-4,
				NMSA 1978, which consists of seven members as follows:
(1) the state historian at the state records
				center and archives;
(2) one person
				professionally recognized in the discipline of architectural history;
(3) one person professionally recognized in
				the discipline of history;
(4) one
				person professionally recognized in the discipline of architecture;
(5) one person professionally recognized in
				the discipline of archaeology;
(6)
				one person professionally, recognized in the discipline of historic
				archaeology;
(7) one additional
				person who is professionally recognized in history, architectural history or
				architecture, or archaeology.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.9 - PERMITTING PROCEDURES AND REQUIREMENTS PERTAINING TO THE REMOVAL OF HUMAN BURIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permitting procedures - individual permits.
(1) All applicants for a permit to exhume
				human burials shall meet the following requirements:
(a) hold a graduate degree in archaeology,
				anthropology, or equivalent training acceptable to the permitting authority;
				or
(b) be a member in good standing
				of an amateur archaeological society certified by the archaeological society of
				New Mexico; and
(c) have at least 6
				months of archaeological field experience within the region where the project
				will be undertaken, under the guidance of or in cooperation with a recognized
				professional archaeologist, or demonstrated competence based on analogous
				experience acceptable to the permitting authority; and
(d) demonstrate an ability to carry out
				archaeological excavation, documentation and report preparation; amateur
				societies may be required to coordinate with a professional archaeologist to
				provide the necessary technical assistance;
(e) applicants shall provide the SHPO with
				vitas of all members of the applicants' organization expected to supervise the
				excavation of a burial; vitas need not be submitted with subsequent permit
				applications, provided that the applicant ensures that the information
				contained in this file is current at the time of a subsequent permit
				application; the use of volunteers or other individuals who may not meet the
				specified qualifications is acceptable only if they will be directly supervised
				by the permittee or qualified personnel.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.10 - GUIDELINES FOR EXCAVATION OF HUMAN BURIALS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Methodology:
(1) Excavation of human burials will be
				consistent with current professional archaeological standards.
(2) Specific excavation methods may be
				stipulated by the permitting authority.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.11 - GUIDELINES FOR IDENTIFICATION AND NOTIFICATION OF LIVING PERSONS WHO MAY BE RELATED TO A BURIAL

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Unmarked burials - Native American:
(1) With
				an application for a one-time permit or a notification of activation of an
				annual permit, the applicant or permittee shall provide the following
				information to SHPO:
(a) a description of the
				context of the burial (e.g., historic or prehistoric archaeological site) with
				information about the site type, probable cultural affiliation, and apparent
				date of interment; and
(b)
				tentative date of completion of excavations.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.12 - GUIDELINES FOR DISPOSITION OF HUMAN REMAINS AND ASSOCIATED FUNERARY OBJECTS, MATERIAL OBJECTS OR ARTIFACTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. SHPO notification:
(1) The permittee will notify the SHPO within
				45 days of completion of permitted excavations and will submit a recommended
				plan for the disposition of human remains to the SHPO for approval.
(2) These recommendations will take into
				consideration any permit stipulations imposed by the permitting authority,
				comments from any living person who may be related to the burial, and the
				wishes of the landowner. The plan will provide a legal location of the reburial
				site or the location of an approved curatorial facility. An inventory list of
				all funerary objects, material objects or artifacts found in association with
				the burial, or collected in the course of excavation, will be submitted with
				the plan for disposition.
(3) The
				SHPO will review the permittee's recommendations for approval or denial,
				ensuring that any living person who may be related to the burial will have been
				notified and given an opportunity to provide comments on final disposition of
				the human remains and associated funerary objects, material objects and
				artifacts.
(4) Upon completion of
				the review process, the SHPO will notify the permittee in writing of approval
				or disapproval of the recommended plan. If the recommendations in the plan are
				disapproved the SHPO will provide direction for proper disposition.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO › Section 4.10.11.13 - REPORTING GUIDELINES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Reporting requirements:
(1) Within 12 months
				of the completion of fieldwork, all permittees are required to submit 2 copies
				of a final report on the excavations of a human burial or burial ground
				conducted under the permit to the SHPO. If, as a result of unforeseen
				circumstances, the final report cannot be submitted within this period, the
				permittee shall submit 2 copies of an interim report to the SHPO, giving an
				estimated completion date for the final report.
(2) Upon acceptance of the final report by
				the permitting authority, the SHPO shall send written notification to the
				permittee of the completion of the permit responsibilities. All reports
				submitted in fulfillment of the permit requirements shall conform to report
				guidelines set forth in this section. The permittee shall submit 2 copies of
				the final report on the excavations of human burials or unmarked burial
				grounds.
(3) If, due to unforeseen
				circumstances, a permitted excavation is not undertaken, the permittee shall
				notify the SHPO in writing and request a cancellation of the permit or permit
				activation notification. This request, which shall contain a statement that no
				fieldwork was conducted and state the reason for the request, shall be accepted
				in lieu of the above required report, and the SHPO shall notify the permittee
				in writing of the cancellation.
(4)
				Failure by a permittee to submit the required reports in a timely manner or in
				conformance with current reporting guidelines shall be considered adequate
				reason for denial of future permits.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, State Historic Preservation
				  Division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Applies to the state historic preservation division, the
				  cultural properties review committee, state agencies and subdivisions of the
				  state, and nonprofit corporations formally recognized as tax exempt under
				  Section 501(c)3 of the Internal Revenue Code of 1986, whose declared purposes
				  include the investigation, preservation or conservation of significant
				  prehistoric or historic sites.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
This regulation is created pursuant to Section
				  18-8-8 NMSA
				  1978, which requires the state historic preservation officer to issue
				  regulations for the implementation of the New Mexico Prehistoric and Historic
				  Sites Preservation Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
9/15/89, unless a later date is cited at the end of a section
				  or paragraph. Reformatted to NMAC format effective 11/15/97.
The words or paragraph, above, are no longer applicable.
					 Later dates are now cited only at the end of sections, in the history notes
					 appearing in brackets.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of this regulation is to establish procedures for
				  the acquisition, stabilization, restoration or protection of significant
				  prehistoric and historic sites by the state of New Mexico and corporations, to
				  establish procedures and guidelines for determinations of the prudence and
				  feasibility of alternatives to programs and projects requiring the use of land
				  from significant prehistoric and historic sites, and to establish procedures
				  and guidelines to determine whether all possible planning to preserve and
				  protect and to minimize harm to significant prehistoric and historic sites
				  affected by use of lands from such sites has been carried out. The purpose of
				  the statute is to facilitate the preservation and protection of significant
				  prehistoric and historic sites by authorizing partnerships between entities of
				  government and corporations to that end, and by requiring substantial
				  consideration of governmental actions that will have the effect of destroying
				  or adversely affecting significant prehistoric and historic sites. The statute
				  furthers the purposes of Sections
				  18-6-1
				  through 23 NMSA 1978 and of the National Historic Preservation Act of 1966 as
				  amended and is consistent with the legislative finding (Section
				  18-6-2
				  NMSA 1978) that "the historical and cultural heritage of the state is one of
				  the state's most valued and important assets; [and] that the public has an
				  interest in the preservation of all antiquities, historic and prehistoric
				  ruins, sites, structures, objects and similar places and
				  things..."
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.8 - ESTABLISHMENT OF CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				division and the committee shall cooperatively develop criteria for the
				acquisition, stabilization, restoration or protection of significant historic
				or prehistoric sites. Not less often than annually these criteria shall be
				reviewed and may be revised by the division and the committee in a regular,
				public and advertised meeting of the committee.
B. The criteria will include:
(1) the significance of the property in the
				prehistory and history of New Mexico, including consideration of national
				landmark status;
(2) the degree to
				which the property is threatened by deterioration or destruction;
(3) the rarity or uniqueness of the property
				or property type in New Mexico;
(4)
				the research potential of the property; and
(5) the value of the property for public
				interpretation and visitation. The established criteria will be available to
				interested persons at the offices of the division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.9 - SOLICITATION OF PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
Not less often than annually the division shall make an
				  announcement, by legal advertising in newspapers of general circulation and by
				  other appropriate means, to all state agencies holding property, to all
				  municipalities and counties in New Mexico and to 501(c)3 organizations whose
				  stated purposes include the investigation, preservation or conservation of
				  significant prehistoric and historic sites. This announcement will 1) note the
				  availability of any funds for acquisition, stabilization, restoration or
				  protection of significant prehistoric or historic sites, and 2) request
				  proposals for the acquisition, stabilization, restoration or protection of
				  significant prehistoric and historic sites. This announcement will note the
				  general requirements of a management plan as described
				  herein.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.10 - LONG-TERM MANAGEMENT PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				A long-term management plan shall include but not be limited to:
(1) a site description and statement of
				significance. The national register nomination may be used;
(2) a site map;
(3) documentation of site ownership,
				including a copy of the deed and a statement regarding outstanding mortgages,
				liens or other encumbrances on the property; this documentation must
				demonstrate that the applying agency or organization has legal control of the
				property;
(4) a schedule of any
				stabilization, restoration, monitoring or protection measures
				proposed;
(5) a program budget
				including a funding formula for the project indicating the proposed allocation
				of funds by the state and the agency or corporation, and the availability of
				funding by third parties;
(6) a
				contract, agreement or proposed agreement for the disposition of the property
				in the event that the corporation goes out of existence;
(7) a maintenance schedule, including
				approximate costs;
(8) a plan for
				public interpretation when appropriate;
(9) documentation of the 501(c)3 status of
				the corporation;
(10) a statement
				designed to demonstrate the viability of the corporation; this statement will
				include vitas or resumes of appropriate personnel, operating budget, income
				projections and a recent audited financial statement;
(11) a statement indicating the
				appropriateness of the site for acquisition, restoration or stabilization with
				reference to the criteria established as provided for in 4.10.12.8 NMAC
				above.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.12 - PLANNING TO MINIMIZE HARM

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				This section applies either when no prudent or feasible alternative is found
				which will avoid use of a significant prehistoric or historic site or sites, or
				when more than one alternative which will affect a significant prehistoric or
				historic site or sites is found. In either case, a plan to minimize harm to the
				affected significant prehistoric or historic site or sites shall be
				incorporated as a separate section of the record of decision described in
				4.10.12.11 NMAC above. The plan must contain the following:
(1) a map of the area of impact, including
				the significant historic or prehistoric sites to be used;
(2) documentation of ownership of the area of
				impact;
(3) a description of the
				significant historic or prehistoric site or sites to be used and a statement of
				the historic, architectural or archaeological significance of the site or
				sites. The state or national register nomination form may be the source of this
				statement;
(4) documentation of
				alternatives, if more than one alternative has been found, totaling the harm
				caused by each alternative, and making a conclusion, based on comparisons
				stated in appropriately substantial detail, that given alternative in
				association with any specific measures for stabilization, restoration,
				protection or data recovery causes the least harm to a significant historic or
				prehistoric site or sites;
(5)
				estimated costs relating to (4) above;
(6) any contract, agreement or proposed
				agreement relating to the disposition or maintenance of the significant
				prehistoric or historic site or sites;
(7) any schedule of maintenance of the
				significant prehistoric or historic site or sites, including approximate
				costs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 12 - IMPLEMENTATION OF THE PREHISTORIC AND HISTORIC SITES PRESERVATION ACT › Section 4.10.12.13 - ENFORCEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
Either the SHPO or any other interested person may seek
				  enforcement of the provisions of the New Mexico Prehistoric and Historic Sites
				  Preservation Act by an action for injunction or other appropriate relief in a
				  court of competent jurisdiction.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 13 - AWARDING OF GRANTS FROM THE CULTURAL PROPERTIES RESTORATION FUND › Section 4.10.13.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Office of Cultural Affairs, State Historic Preservation
				  Division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 13 - AWARDING OF GRANTS FROM THE CULTURAL PROPERTIES RESTORATION FUND › Section 4.10.13.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 13 - AWARDING OF GRANTS FROM THE CULTURAL PROPERTIES RESTORATION FUND › Section 4.10.13.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  provisions of the act.