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 4.10.8.12 - PERMIT STIPULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Permittees shall abide by all stipulations contained in this rule and any
				special stipulations imposed by the CPRC, the state archaeologist, the SHPO and
				the commissioner of public lands or the state agency as appropriate. These
				additional stipulations shall be set out in writing on the permit, or as an
				attachment to the permit.
B.
				Stipulations for all permits issued by the CPRC are described below.
(1) Permittees shall determine the land
				status of the archaeological investigation to ensure the work will not be in
				trespass and that they are in compliance with local, state or federal laws. The
				permittee is responsible for obtaining an easement or other written permission
				from the commissioner of public lands for archaeological investigations on
				state trust land and complying with all rules and regulations of the state land
				office relating to such easement or other permission.
(2) Permits are not exclusive in character.
				The state land office or the state agency reserves the right to use the subject
				tracts of land, or any part thereof, for any purpose within the administrative
				and legal jurisdiction of the state agency or state land office. The CPRC, in
				cooperation with the state agency and state land office, reserves the right to
				permit other archaeological investigations within the permit or easement
				area.
(3) All costs incurred in the
				execution of the activities conducted under a permit shall be borne by the
				permittee or the permittee's client or sponsor.
(4) The permittee shall comply with all laws,
				rules, ordinances and requirements in all matters and things affecting the
				premises and operations therein pertaining to the permit, archaeological site
				and the land where the site is located.
(5) All activities conducted under the permit
				shall be carried out so as to prevent erosion of the land, pollution of water
				resources and any other damage to the natural environment. Any sites or
				locations that are disturbed in the course of the archaeological investigations
				conducted under the permit shall be restored to their original condition
				insofar as possible. The areas of limited tests, test excavations and
				excavation shall be backfilled. All areas examined under the permit shall be
				left in a state that will not create hazard to life nor endanger livestock or
				other property, nor contribute to the deterioration of the site or location or
				adjacent lands by natural forces, unless other provisions are specifically
				approved in the permit.
(6) If
				unmarked human burials are discovered during the archaeological investigations,
				local law enforcement shall be notified pursuant to 4.10.11 NMAC. If the
				unmarked human burial cannot be left in place, excavations shall be carried out
				in conformance with 4.10.11 NMAC.
(7) Title to any mined or processed precious
				metals or treasure trove found on state trust land and in the area covered by
				the permit or easement is held by the commissioner of public lands and such
				materials shall not be disturbed or removed without specific written permission
				from the CPRC and the state land office. Such authorized removal shall be
				recorded and undertaken in the presence of the state archaeologist, the state
				historian or their designees.