reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.8 - MONITORING

Current through Register Vol. 35, No. 13, July 16, 2024
There are two types of monitoring activities: monitoring to
				  implement site avoidance or site protection measures, and monitoring of
				  construction activities through an archaeological site, other cultural property
				  or areas of historic and scientific interest where there is high probability of
				  finding subsurface features and cultural deposits. Both types of monitoring
				  shall be conducted under a permit issued by the CPRC, with the concurrence of
				  the state archaeologist and SHPO, authorizing monitoring activities.
A.
General permits.
Monitoring
				may be conducted under a general permit when applicants propose to:
(1) supervise implementation of site
				avoidance or protection measures pursuant to 4.10.17.10 NMAC and authorized
				pursuant to 4.10.8 NMAC; or
(2)
				oversee land-disturbing projects when a monitoring plan is prepared in
				conformance with 4.10.17.11 NMAC and authorized pursuant to 4.10.8
				NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.9 - PERSONNEL REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The
				SHPO shall maintain a directory of qualified supervisory personnel including
				but not limited to archaeologists who act in the capacity of principal
				investigator, project director, field supervisor and crew chief (4.10.8
				NMAC).
B. All monitoring activities
				on state land shall be performed by an archeologist listed in the SHPO
				directory. This individual shall be on site and physically present on the
				ground immediately prior to and during all surface-disturbing actions to ensure
				site protection, avoidance of site deposits, identification of new cultural
				deposits and features or recovery of information from newly discovered cultural
				properties.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.10 - MONITORING FOR SITE AVOIDANCE OR PROTECTION

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state agency determines when
				monitoring is needed to supervise implementation of site avoidance or
				protection measures.
(1) The state agency may
				reach this determination in discussion with the SHPO or as part of consultation
				with the SHPO pursuant to Section
				18-6-8.1
				of the Cultural Properties Act NMSA 1978, Section 18-4-7 of the Prehistoric and
				Historic Sites Preservation Act NMSA 1978, Section
				18-6A-5 of
				the Cultural Properties Protection Act NMSA 1978, or Section 106 of the
				National Historic Preservation Act of 1966 as amended (
				16 USC 470
				f ).
(2) The permittee may provide
				a written request to the state agency to conduct monitoring. The request shall
				state for whom the monitoring is proposed, why the monitoring is necessary,
				where the project is located, a list of archaeological sites, other cultural
				properties or areas of historic and scientific interest to be protected, the
				method of protection and the expected date(s) for the monitoring. If the state
				agency is the project sponsor or has directed the permittee to conduct the
				work, no written request of the agency is required. If the state agency does
				not have an archaeologist on staff, the permittee shall submit the request to
				HPD with a letter from the state agency approving consideration of the
				request.
(3) All monitoring
				activities require the approval of the state agency or HPD if the state agency
				does not have an archaeologist on staff prior to initiating the
				activity.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.12 - STANDARDS FOR MONITORING REPORTS UNDER A PLAN

Current through Register Vol. 35, No. 13, July 16, 2024
Prepare a monitoring report consistent with the standards in
				  this section for review by the state agency and HPD for all monitoring projects
				  conducted under an approved monitoring plan.
A.
Preliminary report.
A
				preliminary report may be prepared when requested by the state agency or if
				specified in the monitoring plan. At a minimum, include the following
				information.
(1)
Brief description of
				the project.
Identify project location, the NMCRIS number, LA site
				numbers for monitored sites, state agency and project sponsor, list of project
				personnel, dates of fieldwork and the state permit number.
(2)
Project map.
Show land
				ownership boundaries, project area boundaries, boundaries of all tested or
				excavated sites, north arrow (true or magnetic), name of source USGS 7.5 minute
				(1:24,000) quadrangle map and key to map symbols.
(3)
Monitoring activities.
Discuss activities performed at each site and the condition of site at the
				conclusion of tests or excavations. Information may be summarized in a
				table.
(4)
Site map.
Include a scaled site map for each site with site boundaries, property
				ownership boundaries, site datum, location of all collection units,
				point-provenienced artifacts, hand excavation units, auger holes, shovel tests
				and units excavated with mechanical earth-moving equipment.
(5)
Changes in the plan.
Identify departures from the approved monitoring plan. Explain substantial
				differences between the work proposed and the work that was performed in the
				field. Identify and explain any changes in proposed analysis
				strategy.
(6)
Final report
				schedule.
Indicate the proposed date when the final report will be
				submitted to the state agency if it differs from the schedule approved in the
				monitoring plan.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.13 - POPULAR REPORTS

Current through Register Vol. 35, No. 13, July 16, 2024
A popular report is not required under this rule, but the
				  permittee should consider writing a short popular summary suitable for
				  distribution in a newspaper, newsletter or magazine. The purpose of the report
				  is to provide information to the interested general public about the state's
				  heritage and contributions from on-going research and studies on state land.
				  The public disclosure of the location of archaeological sites on state and
				  private lands is prohibited by Section
				  18-6-11.1
				  NMSA 1978. The public disclosure of the location of archaeological sites on
				  federal lands is prohibited by
				  36 CFR
				  296.18. The report may be brief,
				  approximately 250 to 500 words in length. Longer articles or other types of
				  public education and outreach approaches may be used if proposed in the
				  monitoring plan. Include photographs or graphs as appropriate. The popular
				  report shall be submitted to the state agency with the final monitoring
				  report.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.14 - UNANTICIPATED DISCOVERIES

Current through Register Vol. 35, No. 13, July 16, 2024
In the event the permittee encounters discoveries not
				  anticipated by the monitoring plan, all construction in the vicinity of the
				  discovery shall cease, the discovery protected and a buffer of at least 50 feet
				  established around the discovery. The permittee shall notify the state agency
				  and HPD within 24 hours of the discovery. The permittee, state agency and HPD
				  shall discuss appropriate procedures to respond to the discovery within two
				  working days. The permittee shall implement the agreed upon
				  procedures.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 17 - STANDARDS FOR MONITORING › Section 4.10.17.15 - DEVIATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The CPRC, SHPO and state archaeologist reserve the right to
				  waive or deviate from this rule or any parts of this rule under circumstances
				  deemed necessary by the CPRC, SHPO and state archaeologist. Any waiver or
				  deviance from this rule shall occur while maintaining the spirit, intent and
				  objective of this rule and the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Cultural Properties Review Committee (CPRC). Contact the
				  State Historic Preservation Division, Department of Cultural
				  Affairs.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to all public and private entities
				  including but not limited to individuals, corporations, partnerships, trusts,
				  associations, educational institutions, foundations, museums, state agencies,
				  political subdivisions of the state and any agency of the federal government
				  proposing to nominate properties of historical, archaeological, scientific,
				  architectural or other cultural significance for listing in the New Mexico
				  (state) register of cultural properties.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
NMSA 1978, Section
				  18-6-5
				  of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 2012, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule describes procedures and requirements for listing
				  properties of historical, archaeological, scientific, architectural or other
				  cultural significance in the state register of cultural
				  properties.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.10 - EFFECTS OF LISTING UNDER STATE LAW

Current through Register Vol. 35, No. 13, July 16, 2024
A. The state register is an authoritative
				guide to be used by state agencies, local governments, private groups and
				citizens to identify the cultural resources important to the state's history
				and culture and to indicate which cultural properties should be considered for
				protection from destruction or impairment. Listing of private property on the
				state register does not abrogate the rights of the property owner. The rights
				and responsibilities of owners of a registered cultural property are the same
				as those of owners of a nonregistered property. Listing does not prevent the
				use, sale or transfer of the property.
B. State agencies, with direct or indirect
				jurisdiction over any land or structure modification which may affect a
				registered cultural property, shall provide the SHPO a reasonable and timely
				opportunity to participate in planning to preserve and protect and to avoid or
				minimize adverse effects to registered cultural properties pursuant to 4.10.7
				NMAC.
C. State public funds may not
				be expended on any program or project that requires the use of any portion of
				or any land from a property listed in either the national register of historic
				places or state register unless there is no feasible and prudent alternative to
				such use and unless the program or project includes all possible planning to
				preserve and protect and to minimize harm to the registered cultural property
				resulting from such use pursuant to 4.10.12 NMAC.
D. Owners of registered cultural properties
				are eligible to participate in the state income tax credit program for the
				restoration, rehabilitation or preservation expenses spent on registered
				properties pursuant to 4.10.9 NMAC and in the historic preservation loan
				program to preserve or rehabilitate the registered cultural property pursuant
				to 4.10.2 NMAC.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.11 - STANDARDS, SIGNIFICANCE AND INTEGRITY CRITERIA FOR REGISTRATION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Registration standards.
(1)
National register bulletins
. The CPRC uses the national register
				bulletin series prepared by the national park service as guidance in applying
				the criteria for state registration. Contact the HPD for assistance.
(2)
General standards
. Property
				descriptions and statements of significance on the nomination form must be
				accurate and prepared in accordance with standards generally accepted by
				academic historians, architectural historians, archaeologists, ethnologists and
				others, as appropriate, to the property being nominated.
(3)
Boundaries
. Boundaries for a
				district, site, structure, building, place or object shall encompass but shall
				not exceed the full extent of the significant resources or land area making up
				the property. The area should be large enough to include all historic features
				of the property and shall not include buffer zones or acreage not directly
				contributing to the significance of the property. Districts may include
				noncontributing resources, such as altered buildings or buildings constructed
				before or after the period of significance. In situations where historically
				associated resources were geographically separated from each other during the
				period of significance or are separated by intervening development and are now
				separated by large areas lacking eligible resources, a discontiguous district
				may be defined. The following features may be used to mark the boundaries as
				they reflect the resources: legally recorded boundary lines; natural
				topographic features such as ridges, valleys, rivers and forests; man-made
				features such as fences and stone walls, streets and roads; or areas of new
				construction or construction outside the period of significance.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.12 - EMERGENCY CLASSIFICATION PENDING INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A cultural property the CPRC considers worthy of preservation
				  may be included in the state register on a temporary basis not to exceed one
				  year from the date of the emergency classification as provided in Section
				  18-6-12.
				  If the cultural property is on private land, the temporary classification shall
				  not be considered a taking of private property, but the owner may receive a
				  fair rental value for the part of the land affected if the temporary
				  classification unduly interferes with the owner's normal use of the land. The
				  CPRC makes all emergency classification decisions at an open meeting following
				  procedures in 4.10.3 NMAC. The CPRC shall issue a registration order to the
				  SHPO and the SHPO shall notify the owner immediately of the CPRC's action.
				  During the one year period, the CPRC shall investigate the property to
				  determine whether the property should be listed permanently in the state
				  register. The CPRC's investigation may be conducted with the assistance of the
				  SHPO and others including but not limited to the owner, interested members of
				  the public and preservation professionals. If the CPRC does not make a decision
				  to list the property within one year from the date of the emergency
				  classification, the property may not be reconsidered by the CPRC for five
				  years.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.13 - REVISIONS AND AMENDMENTS TO REGISTERED CULTURAL PROPERTY NOMINATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Documentation in
				a state register form may be revised, expanded or updated at any time after
				registration. Amendments may be made for many reasons including but not limited
				to the following: update the condition of the property; clarify, increase or
				decrease the boundary; expand the significance by identifying new areas of
				significance, additional criteria and new periods of significance; and
				reclassify contributing and noncontributing resources.
B. Any person or organization may submit an
				amendment to a New Mexico register nomination to the SHPO. The SHPO then
				reviews the amendment for completeness. Once complete, the SHPO shall place the
				amendment on the agenda for the next appropriate CPRC meeting and notify the
				applicant, the property owners and chief elected local official of the county
				and municipality at least 30 days prior to the CPRC meeting of the date, time
				and place of the CPRC meeting where the amendment is to be considered. The
				owner and the public shall have the right to be heard and present evidence at
				the CPRC meeting and provide written comments prior to the meeting as set forth
				in 4.10.18.9 NMAC.
C. The CPRC
				shall accept, reject or defer the amendment at the CPRC meeting consistent with
				the process in 4.10.18.8 NMAC. The SHPO shall send a copy of the amendment to
				the owner of record of the registered cultural property.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.14 - REMOVAL OF A PROPERTY FROM THE STATE REGISTER

Current through Register Vol. 35, No. 13, July 16, 2024
The CPRC may remove a registered cultural property from the
				  state register pursuant to Section
				  18-6-5
				  when, in the opinion of the CPRC, the property has been altered to such an
				  extent that its integrity has been lost and the values for which it was placed
				  on the register no longer exist.
A.
				The CPRC shall remove a registered cultural property from the state register if
				one of the following conditions is met.
(1)
				The qualities which caused the property to be listed originally have been lost
				or destroyed.
(2) Renovations,
				repairs or maintenance to a registered property have resulted in a loss of the
				historic design characteristics or integrity critical to the property's
				original registration or are inconsistent with recommendations made by the CPRC
				pursuant to 4.10.4 NMAC.
(3)
				Additional information shows that the property does not meet the state register
				criteria for registration and integrity.
(4) There is an error in professional
				judgment as to whether the property meets the criteria for registration and
				integrity.
(5) There is a
				prejudicial procedural error in the designation process.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 18 - STATE REGISTER OF CULTURAL PROPERTIES › Section 4.10.18.15 - IDENTIFICATION OF CULTURAL PROPERTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The CPRC is charged with the responsibility to identify and
				  prepare a list of cultural properties worthy of protection pursuant to Section
				  18-6-5.
A.
Surveys
. Surveys are the
				first step to be taken in the registration process to identify cultural
				properties and gather sufficient information about them to determine whether
				the property may be eligible for registration and listing. Consult the SHPO
				prior to conducting any field studies or survey to gather information on the
				property and the appropriate boundary for area making up the property. Complete
				historic cultural property inventory (HCPI) forms for historic structures and
				buildings or laboratory of anthropology (LA) site records for archaeological
				sites to supplement the nomination for each contributing property. The
				applicant is encouraged to prepare forms for noncontributing properties. Other
				standard forms may be substituted for the HCPI forms with prior approval by the
				SHPO.
B. To assist the CPRC in
				fulfilling its responsibilities and the SHPO's own responsibilities to survey
				and inventory historic properties under Section
				16 U.S.C.
				470 a(b) of the National Historic
				Preservation Act, the SHPO establishes priorities for surveys to identify and
				document cultural properties in New Mexico, to determine which properties are
				eligible for listing in the state or national registers, and to prepare
				nominations for listing in the state or national registers. The SHPO
				establishes a system of professional surveys on state land in cooperation with
				the heads of state agencies pursuant to Section
				18-6A-5 and
				may fund surveys under Section
				18-6-8.
				Standards for survey are described in 4.10.15 NMAC.
C. The SHPO reviews the information gathered
				during these and other surveys and inventories to make a determination of state
				and national register eligibility and maintains a record of these
				determinations. A determination of eligibility is a decision by the SHPO or
				CPRC that a structure, site, place, or object meets the state register
				significance criteria for registration although the property is not formally
				listed in the state register. A determination of eligibility does not make the
				property eligible for such benefits as grants, loans or tax incentives that
				have listing in the state register as a prerequisite.
D. State agencies, political subdivisions of
				the state or the public may ask the SHPO to apply the criteria in 4.10.18.11
				NMAC and make a determination of state register eligibility.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the state historic preservation division
				  and entities wishing to access, use or submit records to the records repository
				  or NMCRIS.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Subsection D of Section
				  18-6-8
				  NMSA 1978 and Section
				  18-6-11.1
				  of the Cultural Properties Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 31, 2016, unless a later date is cited at the end of the
				  section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule describes the procedures to access and use cultural
				  resource records in the NMCRIS and the records repository while minimizing loss
				  of archaeological resources in the state of New Mexico. In addition, the rule
				  describes the procedures to register and to submit cultural resource records to
				  NMCRIS and the repository and establishes reasonable fees for use of the
				  records.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.8 - ACCESS TO RECORDS REPOSITORY AND NMCRIS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Registrar:
The registrar
				shall:
(1) only disseminate information from
				the records repository or NMCRIS that conforms with Section
				18-6-11.1
				of the Cultural Properties Act. If a release of information from the records
				repository or NMCRIS does not conform with Section
				18-6-11.1
				or other laws, the registrar shall redact and not release that
				information;
(2) make applications
				available to the public on the HPD website or through other convenient method;
				and
(3) grant access to the records
				repository and NMCRIS by applying the standards in this rule. If the registrar
				cannot determine whether an applicant is an independent researcher, qualified
				user, or qualified institution, the registrar shall refer the application to
				the SHPO for a final decision.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION › Part 19 - CULTURAL RESOURCE INFORMATION SYSTEM AND RECORDS › Section 4.10.19.9 - REGISTRATION AND RECORDS SUBMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Registration:
(1) Performing entities shall register all
				cultural resource investigations conducted in the state of New Mexico in NMCRIS
				unless the investigation, in its entirety, occurs on tribal lands as defined in
				36
				CFR 800.16(x) and the Indian
				nation, tribe(s), or pueblo(s) associated with the land has a tribal historic
				preservation officer who has assumed all or part of the functions of SHPO
				pursuant to
				54
				U.S.C. §
											302702.
(2) Performing entities shall register each
				cultural resource investigation and each associated cultural resource in NMCRIS
				according to the most recent version of the user's guide. If a performing
				entity does not have a NMCRIS account at the time it conducts an investigation,
				the performing entity shall either contact HPD to set up an account and then
				register the investigation or make arrangements with ARMS to register the
				investigation with ARMS's assistance.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
Members of the public, artists, or organizations, public or
				  private, who are interested in receiving funding administered by the New Mexico
				  arts division, and members of the New Mexico arts commission.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections 18-5-7(F) NMSA 1978 authorizes the director to make
				  rules and regulations necessary to administer the division and carry out the
				  state statutory duties of the division.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of general provisions implementation regulations
				  is to serve the public, employees, and the commission as a guide to the
				  operations and policies of the New Mexico arts commission and New Mexico arts
				  division and carry out of the purpose of the Arts Division
				  Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.8 - THE COMMISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The name of the organization shall be the New Mexico arts
				  commission, hereinafter referred to as "commission." The commission shall
				  function according to Section
				  18-5-5 NMSA
				  1978 as an advisory body to New Mexico arts, herein after referred to as "NMA
				  or New Mexico arts".
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.9 - MISSION

Current through Register Vol. 35, No. 13, July 16, 2024
The mission of the commission, in conjunction with the NMA,
				  is to stimulate opportunities for artists, arts organizations, and other groups
				  for activities or projects to provide artistic or cultural services to the
				  state, to maintain and encourage artistic excellence, and to promote awareness
				  of and access to the arts for all of the people of New
				  Mexico.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.10 - MEMBERSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall have fifteen (15) members appointed by
				  the governor pursuant to Section
				  18-5-3
				  NMSA 1978.
A. Members shall be
				appointed for terms as follows: five members shall be appointed for terms of
				one year, five members shall be appointed for terms of two years and five
				members shall be appointed for terms of three years. The first members of the
				commission shall be appointed on or before September 1, 1965, with the date of
				office of all these members to commence on the same day. After the expiration
				of the initial terms, all members shall be appointed for terms of three years.
				Vacancies resulting from the death or resignation of a member shall be filled
				by appointment for the un-expired portion of the term of the member creating
				the vacancy.
B. With the approval
				of a two thirds majority of a quorum present at any scheduled meeting of the
				commission, the chair may recommend to the governor the removal of any
				commissioner for chronic absenteeism or improper conduct. Chronic absenteeism
				shall normally consist of missing a total of three regularly scheduled
				commission meetings in any one calendar year.
C. Commissioners shall receive reimbursement
				for travel and per diem expenses in accordance with the Mileage and Per Diem
				Act, Section
				10-8-1
				NMSA 1978. Commissioners may use facilities of the NMA office only for official
				business of the commission and shall keep such use to a minimum to avoid
				interference with NMA staff.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.11 - DUTIES

Current through Register Vol. 35, No. 13, July 16, 2024
The commission is advisory to the director of the NMA, to the
				  department of cultural affairs secretary and to state government in general
				  where not in conflict with other statutory agencies. The governor will receive
				  general counsel on the arts from the commission and from the NMA.
A. The commission will advise the director on
				all NMA policies, and the director shall provide the commission with all
				information requisite to such advice.
B. The commission shall be consulted by the
				director before he approves, disapproves or modifies the distribution of
				federal and state program funds. The director shall provide the commission with
				all information requisite to such consultation.
C. The director shall keep the commission
				informed of the fiscal affairs of the NMA, including budget requests,
				appropriations and disbursements.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.12 - CONFLICT OF INTEREST

Current through Register Vol. 35, No. 13, July 16, 2024
The arts commission has established a conflict of interest
				  policy based on the Governmental Conduct Act,
				  10-16-1
				  through
				  10-16-18
				  NMSA 1978. Commission members shall not engage in any action that could be
				  interpreted as use of position on the commission to further his own interest or
				  the interest of any organization with which the commissioner has an influential
				  role. Commissioners shall be familiar with and shall abide by the Governmental
				  Conduct Act, Section
				  10-16-1
				  through
				  10-16-18,
				  NMSA 1978. The policy is no commissioner or member of a commissioner's
				  immediate family may:
A. submit an
				application for funds;
B. receive
				personal payment or benefit from NMA funds;
C. be employed by an organization requesting
				NMA funds;
D. submit a report or
				endorsement on behalf of an application with which the commissioner or a member
				of the commissioner's immediate family is affiliated;
E. hold a financial interest in excess of
				$1,000 in a business or organization doing business with the NMA;
F. self declarations: other conflicts of
				interest may be resolved if the commissioner declares the conflict and abstains
				from discussion or voting on any application or any funding category in which a
				real or perceived conflict exists;
G. within one year of leaving the commission,
				no former commissioner may submit an application to the NMA or be employed by
				an applicant organization;
H. some
				conflicts involving commissioners or former commissioners are irreconcilable
				and shall be resolved either by withdrawing the application or affiliation
				causing the conflict or by resignation from the commission; failure to comply
				shall cause the chair to ask for a two-thirds consensus of the commission to
				recommend removal of the conflicted commissioner.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.13 - OFFICERS

Current through Register Vol. 35, No. 13, July 16, 2024
The officers of the commission shall be a chair, who shall
				  serve at the pleasure of the governor, and a vice-chairman and a secretary, who
				  shall be elected at the annual meeting in November by a majority vote of the
				  commission members present.
A. The
				vice-chair and secretary shall take office at the annual meeting at which they
				are elected.
B. The chair shall
				preside at all meetings and shall appoint the chairs and members of all
				committees including the planning and budget committee, subject to ratification
				by a majority of the commissioners present at the next regular meeting of the
				commission following such appointment. The chair shall also perform all
				procedural duties as guided by parliamentary procedure.
C. The vice-chair shall, in the event of the
				absence or incapacity of the chair, exercise all powers and duties of the chair
				during such absence or incapacity.
D. The secretary shall, with the assistance
				of the NMA staff, call the roll at each commission meeting and shall cause the
				minutes of each meeting to be kept.
E. The commission may, by a two-thirds
				majority of the commissioners present at a regular meeting of the commission,
				recommend to the governor that the commission chair be removed from office
				when, in the judgment of such two-thirds majority, the chair has committed
				nonfeasance (failure to act when there is a duty), misfeasance (negligence), or
				malfeasance (performance that was improper or illegal).
F. The commission may, by a two-thirds
				majority vote at any regular meeting, remove the vice-chair or secretary from
				that office where such action is, in its judgment, in the best interests of the
				commission.
G. The chair may fill a
				vacancy in the office of vice-chair or secretary by appointment until the next
				regular meeting of the commission.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.14 - PLANNING AND BUDGET COMMITTEE

Current through Register Vol. 35, No. 13, July 16, 2024
The commission shall have a planning and budget committee,
				  whose members shall be assigned by the chair.
A. If any assigned member of the planning and
				budget committee is unable to attend a meeting of that committee, the
				commission chair may appoint another commissioner to serve for that
				meeting.
B. The commission chair
				shall serve as chair of the planning and budget committee.
C. Meetings of the planning and budget
				committee shall be called by the chair with fourteen days written notice of the
				meeting, to all planning and budget committee members, and to all
				commissioners.
D. The planning and
				budget committee shall regularly exercise responsibility for budget oversight,
				long-range planning, and initial review of all grants panel recommendations,
				and shall make recommendations in these areas to the commission.
E. Minutes of all meetings of the planning
				and budget committee shall be distributed to all commissioners prior to the
				next commission meeting.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 1 - GENERAL PROVISIONS › Section 4.12.1.16 - NEW MEXICO ARTS FUNDING REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The most recent publication of the "New Mexico arts funding
				  guidelines" is hereby incorporated into this rule by reference and is subject
				  to change on a yearly basis. For the most recent publication, call New Mexico
				  arts or visit the website at
www.nmarts.org
. The New Mexico arts funding
				  guidelines describe the policies and requirements for art and art-related
				  educational projects advertised and administered by NMA and the commission. The
				  guidelines are applicable to all projects advertised and contracts executed
				  after the date this rule is promulgated by NMA and filed with the state records
				  center.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 10 - APPLICATION PROCESS FOR FOLK ARTS APPRENTICESHIP › Section 4.12.10.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Provisions pertaining to the New Mexico Arts Commission and
				  Arts Division Act, Sections
				  18-5-1 to
				  18-5-9 NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 10 - APPLICATION PROCESS FOR FOLK ARTS APPRENTICESHIP › Section 4.12.10.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 13, 2003 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 10 - APPLICATION PROCESS FOR FOLK ARTS APPRENTICESHIP › Section 4.12.10.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide for the application process necessary to
				  participate in the folk arts apprenticeship program. The purpose of the folk
				  arts apprenticeship category is to keep alive the traditional folk arts
				  practiced in New Mexico by contracting with master folk artists to teach their
				  art forms to dedicated apprentices. Folk arts are the traditional functional
				  and expressive arts of people passed down informally by word of mouth or by
				  imitation within a cultural group. Common types of cultural groups are: family,
				  community, occupational, ethnic, or religious. Folk arts reflect the values and
				  worldviews of the groups that make them, and are a rich and valuable heritage
				  for all New Mexicans.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 10 - APPLICATION PROCESS FOR FOLK ARTS APPRENTICESHIP › Section 4.12.10.8 - ELIGIBILITY CRITERIA

Current through Register Vol. 35, No. 13, July 16, 2024
The most recent publication of the "New Mexico arts folk arts
				  apprenticeship application guidelines" is hereby incorporated into this rule by
				  reference and is subject to change on a yearly basis. For the most recent
				  publication, call New Mexico arts or visit the website at
www.nmarts.org
. The New Mexico arts folk
				  arts apprenticeship guidelines describe the policies and requirements for folk
				  art projects advertised and administered by NMA and the commission. The
				  guidelines are applicable to all projects advertised and contracts executed
				  after the date this rule is promulgated by NMA and filed with the state records
				  center.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Department of Cultural Affairs, New Mexico Arts (NMA)
				  Division, Art in Public Places Program.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All state departments and agencies, boards, councils,
				  institutions, commissions and quasi-corporations, including all state
				  educational institutions enumerated in Article 12. Section 11 of the
				  constitution of New Mexico, and all statutorily created post-secondary
				  educational institutions.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  9-4A-6,
				  13-4A-10,
				  and
				  18-5-7
				  NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
September 30, 2009 unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this part is to interpret, implement and
				  enforce the provisions of the Art in Public Places (AIPP) Act, Section
				  13-4A-1 to
				  13-4A-11,
				  NMSA 1978.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.8 - ADMINISTRATION OF AIPP PROGRAM AND FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The AIPP program shall administer and use funds derived from
				  the Art in Public Places Act to acquire works of art, in consultation with art
				  selection committees through either the commission process or the purchase
				  process, for installation and display in, upon, or around public buildings
				  throughout New Mexico which reflect the cultural, ethnic and artistic diversity
				  of New Mexico, the region, and the nation. Public artworks may be an integral
				  part of the building, attached to the building, detached within or outside the
				  structures or placed on public lands, part of a temporary exhibit or loaned or
				  exhibited by the agency in other public facilities.
A. The AIPP program may aggregate AIPP funds,
				when appropriate and with concurrence of the site owner, for a more significant
				public art project. There is no limit to the amount of funds that may be
				aggregated and allocated for a specific project.
B. The AIPP Program shall determine how
				auxiliary funds will be utilized.
(1)
				Auxiliary funds may be used to acquire and install works of art for existing
				public buildings in accordance with the Art in Public Places Act, or works of
				art that are available for loan in, upon, or around public buildings.
(2) Auxiliary funds may also be used NMA for
				administrative costs incurred by NMA for the implementation of the Art in
				Public Places Act.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.9 - GENERAL COMMISSION PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Project director.
(1) Each AIPP project shall delegate a
				project director, who is responsible for making the selection process occur.
				The AIPP office works with the project director and assists them in guiding the
				selection process.
(2) The project
				director is usually a representative of the group actually using the particular
				building under construction, or may be a representative of the owner of the
				building, or any other designee.
(3) A description of the project director's
				responsibilities is available from the AIPP office.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.10 - GENERAL PURCHASE PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. NMA shall develop and advertise a
				prospectus that invites artists meeting specific criteria outlined in the
				prospectus, to apply with previously created artwork for review to be selected
				by sites.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.11 - OVERVIEW OF ART SELECTION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. An AIPP staff member shall guide the art
				selection committee through the art selection process.
B. Meetings of the LSC shall be held at the
				building site or any other suitable location. RBC meetings shall take place at
				a central public location within each region.
C. There shall be a minimum number of
				meetings for the RBC to purchase artwork, although the LSC may meet numerous
				times for a commission project.
D.
				After a prospectus is developed and advertised, artists may submit for the
				project according to the terms of the prospectus.
E. The art selection committee shall evaluate
				the artist submissions and select an artist or artwork for the
				project.
F. Each of these steps may
				vary in length of time and number of meetings necessary to accomplish the
				acquisition or commissioning of the artwork.
New Mexico Administrative Code › Title 4 - CULTURAL RESOURCES › Chapter 12 - COMMUNITY ARTS RESOURCES › Part 11 - ART IN PUBLIC PLACES PROGRAM › Section 4.12.11.12 - DEVELOPMENT OF THE PROSPECTUS

Current through Register Vol. 35, No. 13, July 16, 2024
A. There are two types of prospectuses.
(1) Purchase prospectus - created by AIPP
				staff for several sites. Each site's RBC selects artwork for its
				facility.
(2) Commission prospectus
				- created by AIPP staff in collaboration with the LSC. These are site-specific
				works created exclusively for a certain location.