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 4.10.11.8 - COORDINATION WITH THE STATE MEDICAL INVESTIGATOR

Current through Register Vol. 35, No. 13, July 16, 2024
A. Excavation, removal, disturbance or
				destruction of an unmarked human burial or unmarked burial ground may be
				carried out only by authority of the state medical investigator or of the
				permitting authority.
B. Any case
				of sudden, violent or untimely death, any death whose cause is unknown, and any
				death by criminal act or omission is presumed to have medicolegal significance.
				It is the responsibility of the MI, in cooperation with the law enforcement
				agency of jurisdiction, to determine whether an unmarked human burial or
				unmarked burial ground has such medicolegal significance.
C. Consistent with this responsibility, all
				unmarked human burials and unmarked burial grounds in the state of New Mexico
				shall be presumed to fall under the authority of the MI pursuant to Section
				18-6-11.2(D) NMSA 1978.
D. Any
				person who discovers an unmarked human burial or unmarked burial ground shall
				cease any activity that may disturb that burial or burial ground or any object
				or artifact associated with that burial or burial ground and shall notify the
				local law enforcement agency having jurisdiction in the area. The local law
				enforcement agency shall notify the Ml and the SHPO. The local law enforcement
				agency may choose not to notify the SHPO in cases in which it is manifestly
				evident that the burial is recent and death was caused by a criminal
				act.
E. When notified by law
				enforcement the SHPO will designate a staff archaeologist or another
				professional archaeologist, holding a permit as described below (Subsection B
				of 4.10.11.9 NMAC), to respond to the discovery of an unmarked human burial or
				unmarked burial ground. Such permitted professional must be prepared to show
				adequate and appropriate identification or authorization to law enforcement or
				to MI personnel. When the MI and such professional archaeologist concur in a
				determination that the unmarked burial or burial ground is without medicolegal
				significance, the case shall be terminated by the MI to the SHPO in
				writing.
F. Following termination
				of jurisdiction by the MI, discoveries of additional human burials within the
				same unmarked burial ground may be deemed by the MI to fall within the same
				case and may be terminated in the same case file as the original
				find.
G. If no representative of
				the permitting authority is present to inspect the site of the discovery of an
				unmarked human burial, the burial shall be presumed to fall under the authority
				of the MI. The MI may terminate jurisdiction to the SHPO in such
				case.
H. Either the MI or the SHPO
				may request that an authorized representative of the other office take sole
				responsibility for making a field examination of an unmarked human burial and
				for determining whether the burial has cultural significance.
I. Unmarked human burials or burial grounds
				shall not be excavated by the MI except as the MI or the representative of the
				MI and law enforcement deem necessary to determine medicolegal significance.
				When a staff archaeologist of the SHPO or other professional archaeologist
				permitted by the permitting authority responds to the discovery of an unmarked
				human burial or burial ground, excavation of that burial or burial ground to
				determine medicolegal significance will be carried out, to the greatest extent
				deemed feasible by the MI or representative of the MI, under the direction of
				the professional archaeologist.
J.
				When the MI determines that an unmarked human burial or burial ground has
				medicolegal significance, the MI shall retain jurisdiction of that burial or
				burial ground and shall proceed consistent with Section
				24-11-5
				[ff.] NMSA 1978 and established investigative protocols of the MI and of the
				law enforcement agency of jurisdiction.
K. Any unmarked human burial which is
				determined by the MI not to have medicolegal significance shall be presumed to
				have cultural significance and shall be deemed to fall under the provisions of
				Section
				18-6-11.2
				(E-I) NMSA 1978.
L. On the request
				of the SHPO to the MI in any case in which the MI retains jurisdiction of an
				unmarked human burial or burial ground, that burial or burial ground will be
				excavated, removed and analyzed, to the greatest extent deemed feasible by the
				MI, under the direction of a staff archaeologist or professional archaeologist
				permitted by the permitting authority.