Except as otherwise designated by the department, remains shall be reburied in the reburial grounds unless a descendant group that demonstrates a relationship to the remains requests otherwise. History: Laws 2007, ch. 299, § 3 and Laws 2007, ch. 300, § 3. ANNOTATIONS Compiler’s notes. — Laws 2007, ch. 299, § 3 and Laws 2007, […]
The department shall facilitate the designation of state or federal land for reburial of unmarked remains not claimed by a descendant group and shall: A. by September 1, 2007, organize a working group that includes representatives of the department, the Indian affairs department and the tribal-state workgroup on repatriation and sacred places to: (1) recommend […]
As used in the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978]: A. “committee” means the cultural properties review committee; B. “cultural property” means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance; C. “registered cultural property” means a cultural property that has been placed on the official register […]
A. The “cultural properties review committee” is created, which consists of nine members as follows: (1) the state historian at the state archives and record center; (2) one person professionally recognized in the discipline of architectural history; (3) one person professionally recognized in the discipline of history; (4) one person professionally recognized in the discipline […]
The primary function of the committee is to review proposals for the preservation of cultural properties. The committee is authorized to take such actions as are reasonable and consistent with law to identify cultural properties and to advise on the protection and preservation of those properties. Among such actions as may be necessary and proper […]
A. The cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody. B. Unless other locations are deemed more appropriate by the committee, in consultation with the museum of New Mexico, because of the nature of the property involved, the cultural affairs department shall be the […]
A. The state historic preservation officer of the historic preservation division of the cultural affairs department shall, with the concurrence of the committee, prepare a long-range plan for the preservation of cultural properties, including but not limited to the identification, acquisition, restoration and protection of historic and cultural properties and the maintenance and expansion of […]
A. The “historic preservation division” is created within the cultural affairs department. B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of cultural affairs with the consent of the governor. The position’s qualifications shall be consistent with but not limited to the following: (1) […]
The historic preservation division of the office of cultural affairs shall periodically furnish copies of the official register, or relevant sections of the official register, to state agencies and departments and shall periodically advise state agencies and departments of the status of the division’s program of cultural property identification and registration. The head of any […]
A. Any person who knowingly excavates, injures or destroys cultural property located on state land without a permit is guilty of criminal damage to property. B. Any person who solicits, employs or counsels another person to excavate, injure or destroy cultural property located on state land without a permit is guilty of criminal damage to […]
A. Any person who knowingly appropriates cultural property located on state land without a permit is guilty of larceny. B. Any person who solicits, employs or counsels another person to appropriate cultural property located on state land without a permit is guilty of larceny. C. Any person who receives, traffics in or sells cultural property […]
Any person violating the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] shall be liable for civil damages to the state agency, department, institution or political subdivision having jurisdiction over the cultural property in an amount equal to the cost or, in the discretion of the court, in an amount equal to […]
Any instrument, vehicle, tool or equipment used or intended to be used to violate the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] is subject to forfeiture, and the provisions of the Forfeiture Act [31-27-1 to 31-27-8 NMSA 1978] apply to the seizure, forfeiture and disposal of such property. History: 1978 Comp., […]
