New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 8 - PERMITS TO CONDUCT ARCHAEOLOGICAL INVESTIGATIONS ON STATE LAND › Section 4.10.8.17 - MODIFICATION OF PERMITS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				permittee may request a modification to a permit at any time. The permittee
				shall submit a written request of the proposed permit modification to HPD and
				concurrently to the state agency archaeologist, if the state agency has one and
				the modification affects permit activities on state land under their
				jurisdiction. The request shall be approved or denied by the CPRC or HPD as
				specified in this section, taking into consideration comments provided by the
				state trust archaeologist or state agency archaeologist.
B. The CPRC shall review requests for a
				permit modification that propose a significant or substantive change in the
				scope of work, a change in the curatorial facility to a facility other than
				MIAC, and all other modifications that are not subject to administrative action
				by HPD as specified below in Subsection C of
				4.10.8.17
				NMAC.
C. HPD shall review and may
				approve requests for a permit modification for the following situations.
(1) If the modification to the permit
				involves adding individuals who are listed in the SHPO directory in the same
				position or deleting individuals from the permit staff roster, HPD shall review
				and approve the request within five working days of receipt of the
				request.
(2) If the archaeological
				investigation is delayed as a result of unforeseen circumstances and cannot be
				completed within the permit period specified on the permit, the permittee shall
				write HPD and request an extension of the term of the permit. This request
				shall be received by HPD at least 10 working days prior to the expiration date
				of the permit to be considered. The request for the extension shall be
				accompanied by an interim report summarizing the excavations completed at that
				date and a proposed date when the excavations will be completed and when the
				final report will be submitted. HPD may approve one extension of the permit
				term not to exceed one year from the expiration date of the original permit.
				Additional requests for an extension will be reviewed by the CPRC.
(3) When a permittee notifies HPD of a change
				in a permittee's business address or facilities, HPD shall acknowledge receipt
				of the change within five working days and update the permittee's
				records.
(4) HPD may approve minor
				adjustments to the investigation that do not result in a reduction of the scope
				of work. HPD shall notify the permittee of its decision within 10 working days
				of receipt.
(5) If the
				archaeological investigation is discontinued and cannot be completed as a
				result of unforeseen circumstances, the permittee shall notify HPD in writing
				to request a cancellation of the permit. Disposition of material remains
				collected under the permit and copies of all written and photographic records
				resulting from a discontinued investigation shall be in accordance with
				4.10.8.19
				NMAC and the provisions of this section. The permittee shall obtain a receipt
				showing that the collections and records have been submitted to the repository
				and shall upload a copy of the receipt in NMCRIS. HPD shall document the
				cancellation in the permit files.