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 4.10.8.16 - REVIEW AND APPROVAL OF PERMIT AND SHPO DIRECTORY APPLICATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. HPD shall
				receive permit and SHPO directory applications including attachments and
				maintain current files for each permittee and individual listed in the SHPO
				directory.
B. HPD shall review all
				information submitted in support of the permit or SHPO directory application
				for completeness, accuracy and conformance with all requirements. HPD shall
				attempt to contact the applicant to remedy any inaccuracies or inadequacies
				before further review or processing of the application. HPD shall submit all
				complete applications for consideration by the CPRC at the next scheduled CPRC
				meeting. HPD may recommend to the CPRC that an application be tabled or
				rejected if the application fails to meet minimum qualifying criteria either
				upon initial receipt or through failure to respond adequately to a request for
				information or correction of inaccuracies. When applicable and for
				project-specific permit applications only, HPD shall advise the CPRC on whether
				agency consultation with SHPO under federal or state law is complete or nearly
				complete.
C. The CPRC shall review
				and consider all applications for approval, approval with special stipulations
				or denial, with the concurrence of the state archaeologist and the SHPO. The
				CPRC may table applications to be discussed at a future meeting pending receipt
				of additional information necessary to make a decision on the application or,
				for project-specific permit applications, when consultation with SHPO under
				federal or state law is not substantially complete.
D. Any special stipulations attached to a
				permit by the CPRC, the state archaeologist or the SHPO shall be specified in
				writing on or in an attachment to the permit. The CPRC may include special
				stipulations at the written request of a state agency or commissioner of public
				lands if received prior to the CPRC's decision to approve the permit.
E. Signature of the chair of the CPRC
				indicates approval of the permit by the CPRC. Signatures of the state
				archaeologist and the SHPO indicate concurrence with the approval of the
				permit.
F. If the application for a
				project-specific permit involves state trust lands and the permit application
				has been signed by the CPRC, the state archaeologist and the SHPO, HPD shall
				forward the permit application to the commissioner of public lands for approval
				or denial
.
The applicant shall be required to obtain an
				easement or other written permission from the state land office as a condition
				of the commissioner of public lands approving the permit. The state land office
				shall forward to HPD the permit with any additional stipulations, once the
				application has been approved by the commissioner of public lands. Signature of
				the commissioner of public lands indicates approval of the permit. The permit
				is not valid without the signature of the commissioner of public lands. If
				either the permit or an application for an easement or other written permission
				to enter state trust lands has been denied by the commissioner of public lands,
				the state land office shall inform HPD of this fact in writing, and HPD shall
				notify the CPRC of the commissioner's decision.
G. The CPRC may deny a permit or SHPO
				directory application for any reason, including but not limited to, incomplete
				applications, insufficient experience, the lack of at least one principal
				investigator on the staff roster of the permit, or failure to demonstrate that
				a permit applicant is a qualified institution.
H. HPD shall notify the applicant in writing
				of the approval, approval with conditions or stipulations, or denial by the
				CPRC.
I. Any applicant who has been
				denied approval shall have the right to appeal the decision pursuant to
				4.10.8.24
				NMAC.