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 19.2.24.8 - GENERAL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Avoidance
				of damage.
Any persons engaged in activities on state trust lands are
				subject to the requirements of the Cultural Properties Act, the Cultural
				Properties Protection Act, and 19.2.24.13 NMAC. Persons shall not disturb,
				dislodge, damage, destroy, or remove any cultural properties on state trust
				lands. Any project on state trust lands that has the potential to directly or
				indirectly damage cultural properties is additionally subject to the
				requirements of Subsections B, C, D, and E of 19.2.24.8 NMAC.
B.
Signed acknowledgment.
Parties shall acknowledge, on a form prescribed by the commissioner, that they
				understand and agree to comply with applicable laws and rules pertaining to the
				protection of cultural properties on state trust lands.
C.
ARMS inspection and survey.
Prior to conducting surface disturbing activities, parties shall cause a
				permitted archaeologist to submit to the state land office an ARMS inspection
				of the entire area of potential effect. More detailed guidance regarding the
				submission process for ARMS inspection and surveys under this subpart will be
				provided in an instructional document to be published on the state land
				office's website and also will be provided to any party or other interested
				person upon request. The time when that submission is required is provided in
				Subsection E of this section. In the best interest of the trust, the
				commissioner, in the commissioner's discretion, may elect to provide the ARMS
				inspection for any particular portion of state trust land. The following
				subparagraphs describe the necessary steps to be taken after an ARMS inspection
				is conducted.
(1) If the ARMS inspection
				demonstrates that the entire area of potential effect has been surveyed, and
				that no cultural properties are located within the area of potential effect,
				then the party shall cause a permitted archaeologist to submit the ARMS
				inspection to the state land office, in which case the required archaeological
				review is complete.
(2) If the ARMS
				inspection or survey demonstrates that the entire area of potential effect has
				been surveyed, and cultural properties are identified within the area of
				potential effect, the party shall cause a permitted archaeologist to submit the
				most recent applicable survey(s) to the state land office. If a prior survey is
				submitted that is more than ten years old, the state land office will determine
				if the survey conforms to the requirements of 4.10.15 NMAC and if it does not,
				may require an updated survey. The party shall be subject to the requirements
				of Subsection D of this section.
(3) If the ARMS inspection demonstrates that
				the entire area of potential effect has not been surveyed, a complete
				archaeological survey must be conducted by a permitted archaeologist in
				accordance with the requirements of 4.10.15 NMAC and submitted to the state
				land office. The new survey need not include areas already subjected to
				acceptable surveys. The party shall be subject to the requirements of
				Subsection D of this section, if cultural properties are identified in the
				survey.