New Mexico Administrative Code › Title 19 - NATURAL RESOURCES AND WILDLIFE › Chapter 2 - STATE TRUST LANDS PART 24 CULTURAL PROPERTIES PROTECTION › Part 24 - CULTURAL PROPERTIES PROTECTION › Section 19.2.24.11 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
Consistent with the Cultural Properties Act, Section
				  18-6-11.1
				  NMSA 1978 and Section
				  19-1-2.1
				  NMSA 1978, any information in the custody of the state land office concerning
				  the location of cultural properties, the preservation of which is in the
				  interest of the state of New Mexico, shall remain confidential and not subject
				  to inspection under the New Mexico Inspection of Public Records Act, Section
				  14-2-1
				  to Section
				  14-2-12
				  NMSA 1978 unless the commissioner determines that the dissemination of such
				  information will further the purposes of the Cultural Properties Act and will
				  not create a risk of loss of cultural properties.
19.2.24.12 ENFORCEMENT AND IMPLEMENTATION:
A. In the event any party becomes aware of
				actual or threatened damage to cultural properties on state trust lands where
				that party is conducting project activities or has filed an application to
				conduct project activities, the party shall immediately notify the state land
				office, which will then notify the SHPO, and the party shall immediately
				suspend all project activities in the immediate area of the damage or the
				threatened cultural property, in consultation with the state land office.
				Project activities shall remain suspended until the state land office, in
				consultation with the SHPO and any impacted tribe, approves resumption of those
				activities, and such approval may be conditioned on the party's adoption of
				compliance measures relating to project siting, avoidance, or mitigation of
				impacts to the cultural properties at issue. If human remains are uncovered,
				project activities within 50 feet shall stop immediately and the party shall
				notify the local law enforcement agency with jurisdiction, the state land
				office and the SHPO pursuant to the Cultural Properties Act, Subsection C of
				Section
				18-6-11.2
				NMSA 1978. Subsequent response by local law enforcement is governed by 4.10.11
				NMAC.
B. In the event a party
				conducts project activities without first performing a survey or does not
				comply with any applicable avoidance and mitigation measures established by the
				survey or contained within the relevant lease, permit, or other instrument, and
				cultural property is damaged in the process, the party will be required to
				conduct an archaeological damage assessment at the party's own expense and will
				be liable for damages as determined by the archaeological damage assessment in
				the amount equal to the cost of restoration, stabilization, and interpretation
				of the damaged cultural property. If the party failed to conduct an
				archaeological survey as required by this rule prior to conducting surface
				disturbing activity, that party shall undertake such survey after the fact. In
				addition, the commissioner may recover an amount equal to twice the cost of
				restoration, stabilization, and interpretation of the damaged cultural
				property, in accordance with the Cultural Properties Act, Section
				18-6-9.2
				NMSA 1978.
C. All parties that are
				subject to any provision of 19.2.24.8 and 19.2.24.9 NMAC shall promptly provide
				to the state land office all records relating to compliance with this part upon
				request.
D. As provided by the
				Cultural Properties Act, Section
				18-6-9.2
				NMSA 1978 the commissioner may initiate a civil action against any person
				violating the Cultural Properties Act on or with respect to state trust lands.
				This remedy is not exclusive and does not limit the rights or remedies that are
				otherwise available to the commissioner and the state land office under
				applicable law, including action against a lease, easement, or other instrument
				issued by the commissioner.
E. The
				commissioner may refer a criminal violation of the Cultural Properties Act,
				Sections
				18-6-9,
				18-6-9.1,
				and
				18-6-9.3
				NMSA 1978 to the New Mexico attorney general or to the district attorney in
				whose district the violation took place.
F. The state land office may undertake
				monitoring and staff training to protect against damage to cultural
				properties.
G. The commissioner
				will develop instructional materials and forms necessary for the implementation
				of this rule.