reglab/statecodes huggingface dataset:
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 4.10.13.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
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The words or paragraph, above, are no longer applicable.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 13 - AWARDING OF GRANTS FROM THE CULTURAL PROPERTIES RESTORATION FUND › Section 4.10.13.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
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 4.10.13.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 historic preservation
				division of the office of cultural affairs.
D. "Fund" means the cultural properties
				restoration fund.
E.
				"Interpretation" means the inventory, registration, mapping and/or analysis of
				cultural properties and public educational programs designed to prevent the
				loss of cultural properties.
F.
				"Officer" means the state historic preservation officer.
G. "Preservation" means sustaining the
				existing form, integrity, and material of a cultural property or the existing
				form and vegetative cover of a cultural property, and may include protective
				maintenance or stabilization where necessary in the case of archaeological
				sites.
H. "Professional survey"
				means an archaeological or architectural survey.
I. "Protection" means safeguarding the
				physical condition or environment of cultural property from deterioration or
				damage caused by weather or other natural, animal or human
				intrusions.
J. "Reconstruction"
				means depicting by means of new construction the form, features, and details of
				a non-surviving site, landscape, building, structure or object for the purposes
				of replicating its historic appearance.
K. "Restoration" means recovering the general
				historic appearance of a cultural property or the form and details of an object
				or structure by removing incompatible natural or human-caused accretions and
				replacing missing elements as appropriate.
L. "Stabilization" means reestablishing the
				structural stability or weather-resistant failure.
M. "State agency" means a department, agency,
				institution or political subdivision of the state.
N. "State land" means property owned,
				controlled or operated by a state agency.
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 4.10.13.8 - METHOD TO DETERMINE ELIGIBILITY TO RECEIVE GRANT FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
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 4.10.13.9 - PROCEDURE FOR APPLICATION, APPROVAL, AND REJECTION OF GRANT PROPOSALS

Current through Register Vol. 35, No. 13, July 16, 2024
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, and the required
				  content. The officer may also solicit proposals on an emergency basis for
				  threatened cultural properties. Proposals will be evaluated by the staff of the
				  division and the committee following the criteria for reviewing and awarding
				  grants as described below.
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 4.10.13.10 - CRITERIA FOR REVIEWING AND AWARDING GRANTS

Current through Register Vol. 35, No. 13, July 16, 2024
The staff of the division and the committee shall review and
				  award grants based on the following criteria:
A. the demonstrated degree of physical damage
				or deterioration of the cultural property and demonstrable threats to the
				stability of the property;
B.
				special status of the cultural property, including whether the property is
				listed on the national, state, or a local register of historic places and the
				rarity or uniqueness for the property ;
C. suitability of the property for
				interpretation;
D. compliance of
				the proposed grant project with applicable professional standards for
				interpretation, preservation, or stabilization;
E. comprehensiveness of the interpretation,
				restoration, preservation, stabilization or protection plan;
F. availability of matching funds;
G. availability of appropriate professional
				expertise for overseeing a restoration, interpretation, preservation,
				stabilization, or protection program for a cultural property;
H. viable provisions for long-term
				preservation, protection and management of the grant-assisted cultural
				property, including provisions that the property shall be preserved and
				protected for no less than 10 years
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 4.10.13.11 - ADMINISTRATION OF GRANTS

Current through Register Vol. 35, No. 13, July 16, 2024
When the division and the committee award a grant for
				  restoration, interpretation, preservation, stabilization or protection of a
				  cultural property, the grant shall be administered under the terms of a joint
				  powers agreement (JPA) between the division and the state agency having
				  jurisdiction over the cultural property. The JPA will specify the nature of the
				  work to be done, payment schedule, reporting requirements, long-term
				  preservation and protection measures, and other requirements of the
				  grant.
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 4.10.13.12 - PROHIBITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The division and the committee shall not award grants from
				  the fund for the purpose of reconstruction of cultural
				  properties.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Department of Cultural Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  government.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section 18 -6-10 NMSA 1978 and Section
				  18-6-11
				  NMSA 1978 of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 16, 2019, 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 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.8 - PRESERVATION OF CULTURAL PROPERTIES ON PRIVATE LAND

Current through Register Vol. 35, No. 13, July 16, 2024
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, rehabilitation, restoration or maintenance of cultural
				properties on private land, including but not limited to, state and federal
				income tax credit programs, the state historic preservation loan fund and
				conservation easement programs; and
(3) ensure that archaeological investigations
				on private land meet the highest professional standards; when requested by an
				owner, the CPRC or the SHPO will review a proposal to conduct archaeological
				investigations on private land and offer written comments.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.9 - PROCEDURES FOR A MECHANICAL EXCAVATION PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 proposes
				  to conduct excavation. An individual unmarked human burial excavation permit
				  shall be obtained concurrently with a mechanical excavation permit unless the
				  site is historic and burials are unlikely. Individual unmarked human burial
				  permits are issued under 4.10.11 NMAC.
A. For purposes of this rule, the CPRC or the
				SHPO may require an individual who purports to be a landowner's agent to
				provide a copy of the written agreement with the landowner indicating that the
				individual is authorized to act on the behalf of the landowner, and that the
				individual works or will work under the landowner's personal and direct
				supervision. The CPRC or the SHPO may request additional information from the
				landowner or the individual regarding the individual's authority and the
				landowner's right to control the individual's activities. The CPRC and the SHPO
				will use all this information to determine whether the relationship between the
				landowner and the individual who is using or will be using mechanical
				earth-moving equipment to excavate on private land, is one of principal and
				agent.
B. Any public or private
				entity may obtain mechanical excavation permit application forms and
				instructions for filing the application and attachments from HPD's website or
				may request them from HPD. The application shall contain the following
				information:
(1) applicant name, mailing
				address, telephone number and email address; and
(2) signature of the applicant, title of the
				applicant and date, which may be submitted with original signature, signature
				transmitted by facsimile, or a scanned application with the original signature
				transmitted by email; by virtue of the submission of the application, the
				applicant certifies agreement to abide by all the rules, terms and conditions
				of the permit. Applications lacking a signature shall be considered
				incomplete.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.10 - REVIEW AND APPROVAL OF APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 with
				all qualifying requirements. When requested, the applicant shall remedy any
				inaccuracies or inadequacies specified by HPD before further review or
				processing of the permit application proceeds. HPD shall submit all completed
				applications for consideration at the next scheduled CPRC meeting. HPD may
				recommend to the CPRC that an application be tabled or rejected if the
				applicant fails to meet minimum qualifying criteria either upon initial receipt
				or through failure to respond adequately to a request for
				information.
C. The CPRC shall
				review and consider all completed applications for approval, approval with
				special stipulations, or denial, with the concurrence of the state
				archaeologist and the SHPO. The CPRC may table applications to be discussed at
				a future meeting pending receipt of additional information necessary to make a
				decision on the permit.
D. Any
				special stipulations attached to a permit by the CPRC, the state archaeologist,
				or the SHPO shall be specified in writing on the permit.
E. HPD shall notify the applicant in writing
				of the approval, approval with stipulations or denial of the permit by CPRC,
				with the concurrence of the state archaeologist and the SHPO.
F. Any applicant who has been denied a permit
				by the CPRC, the state archaeologist, or the SHPO shall have the right to
				appeal the decision pursuant to
				4.10.8.24
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.12 - STANDARDS FOR THE USE OF MECHANICAL EQUIPMENT

Current through Register Vol. 35, No. 13, July 16, 2024
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 artifacts
				shall be accomplished using a grid system or by point provenience prior to
				excavation of trenches or stripping or scraping areas with mechanical
				earth-moving equipment.
C. For each
				trench:
(1) document the location, depth, soil
				profile, artifact yield and other pertinent information;
(2) clean at least one complete profile with
				a shovel or trowel and inspect the profile for material remains;
(3) document the cleaned profile in
				narrative, profile drawing and photographs;
(4) examine the excavated area after the
				removal of each extracted bucket load;
(5) examine back dirt for the presence of
				artifacts; and
(6) conform depths
				and configurations of mechanical excavation trenches to OSHA standards for
				excavation safety ( 29 CFR 1926, Subpart P).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.13 - REPORTING STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
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 construction.
B. A final report and associated records,
				including but not limited to archaeological site records, list of collections,
				and photographs, on the excavations shall be submitted to HPD within one year
				of the completion of the excavations or the date approved by the CPRC. If HPD
				has not received a copy of the report within the permit period, HPD shall
				contact the permittee. If the excavations are part of a larger project that
				includes sites on state land, the final report shall be prepared consistent
				with
				4.10.16.14
				NMAC for test excavation projects or 4.10.21.12 NMAC for excavation
				projects.
C. All reports shall be
				reviewed by HPD for technical accuracy and completeness.
(1) If HPD review reveals that the proposed
				investigations were not completed consistent with the application and
				stipulations contained on the approved permit, HPD will notify the permittee of
				the deficiencies and request that the permittee amend the report to correct the
				deficiencies and resubmit the report.
(2) Failure by the permittee to conduct the
				permitted investigation according to standards or stipulations or to submit
				required reports in a timely manner or to amend report deficiencies as
				identified by HPD shall be documented as unacceptable performance pursuant to
				4.10.8.21
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 14 - CULTURAL PROPERTIES ON PRIVATE LAND AND MECHANICAL EXCAVATION PERMITS › Section 4.10.14.14 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Department of Cultural Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 archaeological
				  investigations on any lands owned, controlled or operated by the state of New
				  Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  18-6-5
				  (NMSA 1978) of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2006, 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 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
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 political
				  subdivision of the state.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.8 - TYPES OF SURVEYS AND PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  properties of cultural, historic and scientific interest. Management and
				  research objectives determine the survey intensity, design and methods. Surveys
				  may employ predictive models to assist in developing survey strategies.
				  Geomorphological studies are helpful and suggested when there is a likelihood
				  of deeply buried archaeological sites.
A.
General permits.
All surveys
				on state land performed under a general permit obtained pursuant to 4.10.8 NMAC
				shall be intensive surveys and shall be performed in conformance with
				4.10.15.11 NMAC.
B.
Project-specific permits.
Sample, thematic and other types of surveys on
				state land are performed under a project-specific permit obtained pursuant to
				4.10.8 NMAC and implemented in accordance with the approved research design
				prepared in conformance with 4.10.15.9 NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.13 - RECORDING ISOLATES DURING SURVEY

Current through Register Vol. 35, No. 13, July 16, 2024
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 observations relevant to the artifact
				consistent with the standards for in-field analysis in this section. Make type
				or series identifications when possible.
(2) If the isolate consists of more than one
				item, record the dimensions of the distribution (for example, three flakes
				scattered over 2-by-3 meter area or sherds from a single pottery vessel
				scattered over a 75-cm diameter area).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.14 - COLLECTION OF ARTIFACTS DURING SURVEY

Current through Register Vol. 35, No. 13, July 16, 2024
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 if the items are likely to be lost through illegal
				collection, are required to address specific predefined research issues that
				necessitate laboratory analysis or are necessary for accurate classification.
				Collections shall be analyzed in the laboratory, reported upon in the survey
				report and curated at an acceptable repository pursuant to 4.10.8 NMAC.
(1)
Collection from archaeological
				sites
. A sample of artifacts may be collected in accordance with the
				following specifications. Exceptions to these specifications are allowed with
				the written concurrence of the state agency.
(a)
Sampling
. Artifacts
				collected from archaeological sites shall only represent an extremely small and
				nominal percentage of the total surface-visible artifact assemblage and shall
				never involve collection of all surface-visible artifacts.
(b)
Recording
. Attach a list of
				all collected artifacts with provenience information to the LA archaeological
				site record and as an appendix to the survey report.
(c)
Location of collected
				artifacts.
Plot the location of each collected artifact on the site plan
				map unless defined spatial collection units are used such as 1-by-1 meter grid
				units or 1-meter diameter collection units. If collection units are employed,
				plot the location of each unit on the site plan map and indicate the dimensions
				of the collection units and artifacts collected. Plot artifact and collection
				unit locations relative to a permanent datum.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.15 - LIMITED TESTS DURING SURVEY

Current through Register Vol. 35, No. 13, July 16, 2024
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 when making a decision on whether to conduct limited
				tests.
(1) Do not conduct limited tests if a
				site can be avoided by the undertaking.
(2) Do not conduct limited tests to assess
				potential for subsurface deposits if a recommendation of eligibility can be
				made from visible evidence such as cultural deposits exposed in road beds or
				arroyo cuts.
(3) Conduct limited
				tests only when the tests are likely to produce sufficient information to make
				a definitive recommendation on whether the site should or should not be listed
				on the state register or determined eligible for the national register. Often
				limited tests are too restricted in scale to demonstrate the absence of
				subsurface cultural deposits. Test excavations (see 4.10.16 NMAC) are
				recommended in these situations and produce more reliable information about the
				site.
(4) Limited tests are
				prohibited if no adequate screen is available during survey.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.19 - NEGATIVE SURVEY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 the NMCRIS investigation
				abstract and guidelines for its use are available from ARMS and HPD. It is
				permissible to increase or decrease the size of the data fields on the paper
				copy of the form, as needed, or attach continuation sheets.
B. In the event an archaeological site
				reported to be located within the APE or project area is not relocated during
				the survey, check the site update box on the LA archaeological site record and
				complete the identification and ownership, recording information, condition,
				recommendations and narrative site description sections. Explain in the
				narrative site description section specific efforts that were made to find the
				site and the reason(s) the site could not be relocated.
C. Append the following to the NMCRIS
				investigation abstract:
(1) a copy of the
				NMCRIS map server map check; NMCRIS table is optional;
(2) a project map based on a USGS 7.5-minute
				(1:24,000) topographic quadrangle source that depicts the exact location of the
				APE, survey area (if different from the APE) and exact location of all
				isolates;
(3) a list of all
				isolates and detailed information on each isolate consistent with 4.10.15.13
				NMAC;
(4) a list of all isolates
				collected;
(5) photographs and
				photographic log, illustrations and other graphics;
(6) a copy of all updated LA archaeological
				site records consistent with 4.10.15.11E NMAC; and
(7) signature of the principal investigator
				certifying accuracy of the information provided.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.20 - POSITIVE SURVEY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 following
				  sections unless indicated as optional below. The length of each section shall
				  be appropriate to the complexity and scale of the survey project. State
				  agencies may have additional report requirements.
A.
Title page.
List the
				following information:
(1) NMCRIS number in
				the upper left-hand corner;
(2)
				report title, author(s) and the principal investigator if different from the
				author;
(3) name of the
				organization that performed the survey;
(4) agency(ies) requiring and receiving the
				report;
(5) state permit number and
				other permit numbers for project; and
(6) report date (month, day and
				year).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.21 - POPULAR REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 of the
				  report is to provide information to the interested general public about the
				  state's heritage and contributions from on-going research and studies on state
				  land. The public disclosure of the location of archaeological sites on state
				  and private lands is prohibited by Section
				  18-6-11.1
				  NMSA 1978. The public disclosure of the location of archaeological sites on
				  federal lands is prohibited by
				  36 CFR
				  296.18. The report may be brief,
				  approximately 250 to 500 words in length, and may include photographs or graphs
				  as appropriate. The popular report shall be submitted to the state agency with
				  the final positive survey report.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 15 - STANDARDS FOR SURVEY AND INVENTORY › Section 4.10.15.22 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee. Contact State Historic
				  Preservation Division, Department of Cultural Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 proposing to conduct archaeological investigations on
				  any lands owned or controlled by the state of New Mexico. Political
				  subdivisions of the state such as counties or municipalities may incorporate
				  the following into their regulations and ordinances affecting private
				  land.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  18-6-5
				  (NMSA 1978) of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2006, 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 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and procedures to excavate
				  archeological sites and areas of historic and scientific interest and to
				  conduct test excavations of archaeological sites on land owned, controlled or
				  operated by a department, agency, institution or political subdivision of the
				  state.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.8 - TEST EXCAVATION OF ARCHAEOLOGICAL SITES

Current through Register Vol. 35, No. 13, July 16, 2024
Test excavation is the planned examination of a portion of an
				  archaeological site to obtain more detailed and accurate information about the
				  characteristics and integrity of surface and subsurface cultural deposits, the
				  distribution and density of material remains and the types of data present.
				  Conduct test excavations to assess the research potential of the site to
				  contribute to the knowledge of the heritage of the state, to make a
				  determination whether the site should be listed on the state register or should
				  be determined eligible for national register listing, or to serve as the basis
				  for developing an excavation plan for the site without additional test
				  excavations. Test excavation shall be designed to meet these objectives with
				  the least possible impact to the archaeological site and without substantially
				  damaging or diminishing the integrity of the cultural deposits and the values
				  and attributes of the site that contribute to its significance.
A.
General permits.
Test
				excavation may be conducted under a general permit when a test excavation plan
				is prepared in conformance with 4.10.16.10 NMAC and authorized pursuant to
				4.10.8 NMAC. The work shall be performed in accordance with the approved test
				excavation plan.
B.
Project-specific permits.
Test excavation may be conducted under a
				project-specific permit when a research design is prepared consistent with the
				standards in 4.10.16.13 NMAC and authorized pursuant to 4.10.8 NMAC. The work
				shall be performed in accordance with the approved research design.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.10 - TEST EXCAVATION PLANS UNDER A GENERAL PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 statements of theoretical perspective, research
				questions, hypotheses for testing or other research-related issues. Those
				domains are part of a research design prepared in conjunction with a
				project-specific permit. The research implications of the work performed under
				a test excavation plan shall be presented and discussed as part of the
				conclusions in a test excavation technical report.
(1) Test excavation plans shall be specific
				and shall include a clear explanation of why the particular approach proposed
				is the best one for the project and for the site(s).
(2) The test excavation shall fulfill one or
				more of the following purposes:
(a) to assess
				the potential for additional study of the site(s) to contribute to the cultural
				heritage and knowledge of the state and to evaluate the significance of the
				archaeological site(s) pursuant to 4.10.15.16 NMAC;
(b) to assess the nature and extent of
				cultural deposits; and
(c) to
				prepare an appropriate excavation plan for sites that have the potential to
				contribute important historic and scientific information.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.11 - TEST EXCAVATION UNDER A PROJECT-SPECIFIC PERMIT

Current through Register Vol. 35, No. 13, July 16, 2024
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 authorized by rights of way,
				easements, grazing leases, business leases, oil and gas leases, mineral leases
				or other authority to enter state trust land; or
(3) does not have a general permit that
				authorizes test excavation.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.14 - PRELIMINARY REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 information.
A.
Brief description of the
				project.
Identify project location, the NMCRIS number, LA site numbers
				for tested or excavated sites, state agency and project sponsor, list of
				project personnel, dates of fieldwork and the state permit number.
B.
Project map.
Show land
				ownership boundaries, project area boundaries, boundaries of all tested or
				excavated sites, north arrow, name of USGS 7.5 minute (1:24,000) quadrangle map
				and key to map symbols.
C.
Field studies.
Discuss field activities performed at each site and
				condition of site at conclusion of tests or excavations. Information may be
				summarized in a table. Include the type of excavation units, the number of
				units excavated, excavation depth, and the types and quantity of artifacts
				recovered.
D.
Site
				map.
Include a scaled site map with site boundaries, property ownership
				boundaries, site datum, location of all collection units, point-provenienced
				artifacts, hand excavation units, auger holes, shovel tests and mechanical
				excavation units.
E.
Changes
				in the plan.
Identify departures from the approved test excavation plan
				or research design. Identify and explain substantial differences between the
				work proposed and the work that was performed in the field. Identify and
				explain any proposed changes in analysis strategy.
F.
Final report schedule.
Indicate the proposed date when the final report will be submitted to the state
				agency if it differs from the schedule approved in the research design or test
				excavation plan.
G.
Report
				review
. The report shall be reviewed in conformance with 4.10.8.18
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.15 - FINAL TECHNICAL REPORT STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
These requirements constitute the minimal standards for the
				  reports on the test excavation or excavation of sites located on state land.
				  The length of each section and discussion shall be appropriate to the
				  complexity and scale of the project. State agencies may have additional
				  reporting requirements.
A.
Title Page.
The title page shall contain the following information:
(1) the NMCRIS number in the upper left hand
				corner;
(2) the report title,
				author(s) and the principal investigator, if different from the
				author;
(3) the name of the
				organization that performed the work;
(4) the agency or agencies requiring and
				receiving the report;
(5) the state
				permit number and other permit numbers for the project; and
(6) the report date (month, day,
				year).
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.16 - POPULAR REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
Write a short popular summary suitable for distribution in a
				  newspaper, newsletter or magazine for each excavation project. A popular report
				  is optional for test excavation projects, but is encouraged. The purpose of the
				  report is to provide information to the interested general public about the
				  state's heritage and contributions from on going research and studies on state
				  land. The public disclosure of the location of archaeological sites on state
				  and private lands is prohibited by Section
				  18-6-11.1
				  NMSA 1978. The public disclosure of the location of archaeological sites on
				  federal lands is prohibited by
				  36 CFR
				  296.18. The report may be brief,
				  approximately 250 to 500 words in length. Longer articles or other types of
				  public education and outreach approached may be used if proposed in the
				  excavation plan or research design. Include photographs or graphs as
				  appropriate. The popular report shall be submitted with to the state agency
				  with the final technical report.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.17 - CURATION OF COLLECTIONS AND RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
All material remains collected during the excavation or test
				  excavation project and associated written and photographic records resulting
				  from the project, regardless of whether or not all of the work specified in the
				  test excavation plan or research design was completed, shall be curated
				  consistent with
				  4.10.8.18 and
				  4.10.8.19
				  NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 16 - STANDARDS FOR EXCAVATION AND TEST EXCAVATION › Section 4.10.16.18 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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 archaeological
				  investigations on any lands owned, controlled or operated by the state of New
				  Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  18-6-5
				  (NMSA 1978) of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2006, 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 17 - STANDARDS FOR MONITORING › Section 4.10.17.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards and procedures for monitoring
				  land-disturbing projects that affect or may affect archaeological sites,
				  cultural properties or areas of historic and scientific interest on lands
				  owned, controlled or operated by a department, agency, institution or political
				  subdivision of the state.