Sections 18-6-1 through 18-6-17 NMSA 1978 may be cited as the “Cultural Properties Act”. History: 1953 Comp., § 4-27-4, enacted by Laws 1969, ch. 223, § 1; 1977, ch. 246, § 34; 2004, ch. 25, § 27. ANNOTATIONS The 2004 amendment, effective May 19, 2004, converted 1953 statutory citations to NMSA 1978 citations.
A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]; and persons having knowledge of the location of archeological sites are encouraged to communicate such information to the […]
A. It is unlawful for a person or the person’s agent or employee to excavate with the use of mechanical earthmoving equipment an archaeological site for the purpose of collecting or removing objects of antiquity if the archaeological site is located on private land in this state, unless the person has first obtained a permit […]
A. Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the state of New Mexico, shall remain confidential unless the custodian of such information determines that the dissemination of such information will further the purposes of the Cultural Properties Act […]
A. Each human burial in the state interred in any unmarked burial ground is accorded the protection of law and shall receive appropriate and respectful treatment and disposition. B. A person who knowingly, willfully and intentionally excavates, removes, disturbs or destroys any human burial buried, entombed or sepulchered in any unmarked burial ground in the […]
A cultural property which the committee thinks may be worthy of preservation may be included on the official register on a temporary basis for not more than one year, during which time the committee shall investigate the property and make a determination as to whether it may be permanently placed on the official register. If […]
ANNOTATIONS Repeals. — Laws 1984, ch. 34, § 4 repealed 18-6-13 NMSA 1978, as enacted by Laws 1969, ch. 223, § 11, relating to tax exemption of cultural properties from certain property taxes, effective February 16, 1984. For present provisions relating to tax credits for preservation of cultural properties on state income tax returns, see […]
The state historian at the state records center is designated as “state historian” for purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. History: 1953 Comp., § 4-27-15, enacted by Laws 1969, ch. 223, § 12; 1981, ch. 48, § 1. ANNOTATIONS Legislature implicitly recognized existence of position of deputy for archives when […]
The state archaeologist in the cultural affairs department is designated as “state archaeologist” for the purposes of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The state archaeologist shall be professionally recognized in the discipline of archaeology, shall have achieved recognition for accomplishments in his field in the American southwest and shall have a […]
The historic preservation division shall encourage and promote publications relating to cultural properties that have been prepared pursuant to the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]. The historic preservation division may prepare or contract for the preparation of such publications on the condition that it receives from the sale of the publications the […]
The governor is authorized, upon the recommendation of the committee and the board of regents of the museum of New Mexico, to declare by public proclamation that any cultural property situated on lands owned or controlled by the state shall be a state historic site and may reserve as a part thereof such parcels of […]
This act [18-6-18 to 18-6-23 NMSA 1978] may be cited as the “Historic Preservation Loan Act”. History: Laws 1987, ch. 7, § 1.
The purpose of the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978] is to provide owners of registered cultural properties in New Mexico with low-cost financial assistance in the restoration, rehabilitation and repair of properties listed in the state register of cultural properties or national register of historic places, which are a part of […]
The legislature hereby declares that the historical and cultural heritage of the state is one of the state’s most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and similar places and things for their scientific and historical information and value; […]
As used in the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978]: A. “committee” means the cultural properties review committee; B. “division” means the historic preservation division of the cultural affairs department; C. “fund” means the historic preservation loan fund; D. “property owner” means the sole owner, joint owner, owner in partnership or corporate […]
A. There is created in the state treasury a revolving loan fund which shall be known as the “historic preservation loan fund”. The division shall administer the fund and may make loans from the fund in accordance with the Historic Preservation Loan Act [18-6-18 to 18-6-23 NMSA 1978]. B. The division shall deposit in the […]
A. The division shall establish a program to make direct loans or loan subsidies and a program to contract with one or more lending institutions for deposits to be used for the purpose of making or subsidizing loans to owners of registered cultural properties for the restoration, rehabilitation or repair of those properties in accordance […]
A. Loans or loan subsidies from the fund shall be made only to property owners who: (1) agree to repay the loan and to maintain the registered cultural property as restored, rehabilitated or repaired for a specified period but in no case less than seven years; (2) agree to maintain complete and proper financial records […]
This act [18-6-24 to 18-6-27 NMSA 1978] may be cited as the “Reburial Grounds Act”. History: Laws 2007, ch. 299, § 1 and Laws 2007, ch. 300, § 1. ANNOTATIONS Compiler’s notes. — Laws 2007, ch. 299, § 1 and Laws 2007, ch. 300, § 1 enacted identical sections, effective June 15, 2007. The section […]
As used in the Reburial Grounds Act [18-6-24 to 18-6-27 NMSA 1978]: A. “department” means the cultural affairs department; B. “descendant group” means persons demonstrably related to the remains by consanguinity, family affiliation, clan or direct historical association and includes a Native American nation, band, tribe or pueblo in New Mexico; C. “funerary object” means […]
