TITLE 4 CULTURAL RESOURCES
CHAPTER 10 CULTURAL PROPERTIES AND HISTORIC
PRESERVATION
PART 19 CULTURAL RESOURCE INFORMATION
SYSTEM AND RECORDS
4.10.19.1 ISSUING AGENCY: Department of cultural affairs, state
historic preservation division.
[4.10.19.1
NMAC - Rp, 4.51.5.1 NMAC, 5/31/2016]
4.10.19.2 SCOPE: This rule applies to the state
historic preservation division and entities wishing to access,
use or submit records to the records repository or NMCRIS.
[4.10.19.2
NMAC - Rp, 4.51.5.2 NMAC, 5/31/2016]
4.10.19.3 STATUTORY AUTHORITY: Subsection D of Section 18-6-8 NMSA 1978 and
Section 18-6-11.1 of the Cultural Properties Act.
[4.10.19.3
NMAC - Rp, 4.51.5.3 NMAC, 5/31/2016]
4.10.19.4 DURATION: Permanent.
[4.10.19.4
NMAC - Rp, 4.51.5.4 NMAC, 5/31/2016]
4.10.19.5 EFFECTIVE DATE: May 31, 2016, unless a later date is cited at
the end of the section.
[4.10.19.5
NMAC - Rp, 4.51.5.5 NMAC, 5/31/2016]
4.10.19.6 OBJECTIVE: 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.
[4.10.19.6
NMAC - Rp, 4.51.5.6 NMAC, 5/31/2016]
4.10.19.7 DEFINITIONS:
A. "Application"
means the document, provided by HPD on its website or other method that is used
to request access to NMCRIS or to the records repository.
B. "ARMS"
means the archaeological records management section, a bureau within the
historic preservation division that manages NMCRIS and the repository.
C. "ARMS special
request form" means the document, provided by HPD on its website or
other method that is used to request ARMS’s assistance in obtaining information
from NMCRIS or the records repository including customized database queries.
D. "Assisted
access user" means an individual or entity with a property interest or
regulatory oversight that does not meet the standards for qualified user, but
wants access to information about cultural properties or cultural resource
investigations that is relevant to the property interest or regulatory
oversight.
E. "Cooperative agreement" means
an agreement between HPD and a public agency or tribal government to maintain
and expand NMCRIS and the repository.
F. "Cultural Properties Act"
means Sections 18-6-1 through 18-6-17 NMSA 1978.
G. "Cultural property" or "cultural
resource" means a structure, place, site or object that has
or may have historic, archaeological, scientific, architectural or other
cultural significance.
H. "CPRC" means the
cultural properties review committee created pursuant to Section 18-6-9 of the
Cultural Properties Act.
I. "Cultural resource investigation" or “investigation” means the study of a
specific cultural property or specific area to identify,
record, evaluate, interpret or protect cultural properties.
J. "Cultural resource records"
means the paper and digital files and related materials including, but not
limited to, forms, journals, maps, databases, photographs, nominations,
manuscripts and reports associated with cultural properties or cultural
resource investigations conducted in the state of New Mexico.
K. "DCA" means the
department of cultural affairs created pursuant to Section 9-4A-4 NMSA 1978.
L. "HPD" means the
historic preservation division within the DCA created pursuant to Subsection A of Section 18-6-8 of the Cultural Properties Act.
M. "HPD website" means
http://nmhistoricpreservation.org or its successor site.
N. "Independent researcher"
means a qualified user who is unaffiliated with a qualified institution and is
performing uncompensated research for the researcher’s own benefit. Paid consultants are not independent
researchers.
O. "Individual account" means an
account for accessing NMCRIS and the records repository for each qualified
user.
P. "Institutional agreement" means a
document, signed annually by qualified institutions or independent
researchers. The agreement specifies the
requirements for using and disseminating information from NMCRIS and the
records repository.
Q. "NMCRIS" means the New Mexico
cultural resource information system, an online computer information system
that integrates geographic, research, and management data on cultural
properties and cultural resource investigations.
R. "Performing entity" or "performing agency" means an
individual, corporation, partnership, trust, association, educational institution,
foundation, museum, public agency or tribal government that carries out
cultural resource investigations and creates cultural resource records.
S. "Public agency" means a federal
or state agency or political subdivision of the state that has administrative
responsibility for consulting with the state historic preservation officer
under federal or state laws including but not limited to section 106 of the
National Historic Preservation Act (54 U.S.C. § 306108) and Section 18-6-8.1 of
the Cultural Properties Act, Section 18-8-7 of the Prehistoric and Historic
Sites Preservation Act, and Section 18-6A-5 of the Cultural Properties
Protection Act.
T. "Qualified institution"
means an entity, other than an independent researcher, that signs an
institutional agreement and that authorizes one or more qualified users to
represent it for purposes of accessing the records repository and NMCRIS.
U. "Qualified user" means an
individual listed in the state historic preservation officer directory or an
individual with a bachelor’s degree in archaeology, anthropology, architecture,
architectural history, historic architecture, history, American studies,
historic preservation, or a closely related field from an accredited
educational institution or other appropriate education, professional
experience, and training as determined by the registrar.
V. "Records repository" or "repository" means the
archives maintained by HPD that contain cultural resource records including but
not limited to cultural resource investigation reports, plans, and manuscripts;
archaeological resource records; historic building, structure, and other
cultural property records; state register of cultural properties and national
register of historic places nominations; and related materials.
W. "Registrar" means the
employee of HPD assigned to manage ARMS.
X. "Report
recipient" means an organization, public agency, tribal government, or
individual that commissions a performing entity to conduct a cultural resource
investigation.
Y. "SHPO"
means the state historic preservation officer and is the individual appointed
pursuant to Section 18-6-8 of the Cultural Properties Act who serves as the
director of HPD.
Z. "SHPO
directory" means the list of cultural resource and historic
preservation professionals established pursuant to 4.10.8 NMAC.
AA. "User’s guide"
means the manual issued by HPD on its website or through other distribution
methods that describes the process and standards to submit cultural resource
records to NMCRIS and the records repository.
[4.10.19.7
NMAC - Rp, 4.51.5.7 NMAC, 5/31/2016]
4.10.19.8 ACCESS TO RECORDS REPOSITORY AND
NMCRIS:
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.
B. Qualified institutions:
(1) Qualified institutions shall submit a
completed institutional agreement to HPD annually. The institutional agreement is valid only for
the calendar year in which it is executed.
The qualified institution shall designate the individual within the
qualified institution who has signatory authority to authorize qualified users
to use the qualified institution’s account.
The agreement shall require the institution to pay all applicable fees
for the authorized qualified users’ uses of NMCRIS and the records repository
on the qualified institution’s behalf.
(2) Qualified institutions shall submit
an individual account application for each qualified user authorized by the
qualified institution to represent it for purposes of accessing the records
repository and NMCRIS. Signed approval
by the qualified institution on the individual account application authorizes
HPD to charge all applicable fees under this rule to the qualified institution.
(3) Public agencies or tribal governments
may enter into a cooperative agreement with HPD in lieu of an institutional
agreement. Cooperative agreements shall
specify conditions for access to and use of NMCRIS and the repository that are
consistent with the requirements for institutional agreements, unless this rule
expressly provides otherwise. Entities
may contact the registrar to negotiate a cooperative agreement.
C. Independent researchers: Independent researchers shall submit a
completed institutional agreement annually.
The agreement is valid only for the calendar year in which it is
executed. The agreement shall indicate
the independent researcher’s agreement to use the NMCRIS and repository only
for research that is uncompensated and that is for the independent researcher’s
own benefit. Individuals working as paid
consultants shall submit an institutional agreement as a qualified institution
and not as an independent researcher.
D. Qualified users:
(1) Qualified users wishing to access the
records in the repository and NMCRIS shall be affiliated with a qualified
institution with a valid institutional agreement or a public agency or tribal government
with a cooperative agreement, or shall be an independent researcher with a
valid institutional agreement.
(2) Qualified users shall complete, sign,
and submit an individual account application to HPD. Upon receipt of a user name and password from
HPD, the qualified user may access NMCRIS online and may access the records
repository under the supervision of HPD staff.
Qualified users shall adhere to conditions in the individual account
application for use of the materials in the repository and NMCRIS.
(3) Qualified users
shall not share user name or password information with anyone and shall not
otherwise allow others to access NMCRIS. Qualified users shall not use, or
assist others with using, information from NMCRIS or the repository to violate
state or federal laws.
E. Assisted access users: Assisted access users may submit an ARMS
special request form to HPD to obtain information from NMCRIS or the records
repository. If the registrar approves
the request, the assisted access user shall sign a nondisclosure agreement
provided by HPD. Upon receipt of the
signed nondisclosure agreement, HPD shall provide the relevant information or
records, subject to the registrar’s redaction of protected information.
F. Others:
Individuals who are not assisted access users or qualified users and who
wish to examine records in the repository shall contact HPD to make an
appointment and shall specify the purpose of the visit and records the
individual wishes to review. The
individual may view the records, subject to signing a nondisclosure agreement
and redaction of protected information by the registrar, if the registrar
determines that granting the request conforms with
Section 18-6-11.1 of the Cultural Properties Act.
G. Appeal of registrar access decisions:
(1) An entity aggrieved by a decision of
the registrar regarding access to cultural resource records may appeal. Appeals shall be submitted in writing to the
SHPO within ten calendar days of the decision with a statement of reasons for
the appeal.
(2) The SHPO shall respond in writing
within ten calendar days of receipt of an appeal.
(3) The SHPO’s decision on the appeal is
DCA’s final action on the matter.
H. Violations of this section or the terms
of an application or agreement:
(1) If the registrar discovers a
violation of this section or the terms of an individual account application or
institutional agreement, the registrar may restrict, temporarily suspend, or
prohibit future access to NMCRIS or the repository.
(2) An entity aggrieved by the
registrar’s decision may appeal. Appeals
shall be submitted to the SHPO in writing within ten calendar days of the
decision with a statement of reasons for the appeal.
(3) The SHPO shall respond in writing
within 10 calendar days of receipt of an appeal.
(4) The SHPO’s decision on the appeal is
DCA’s final action on the matter.
I. Computation of time: In computing the period of time prescribed
for appeal, the day from which the period of time begins to run shall not be
included. The last calendar day shall
be included in the computation unless it is a Saturday, Sunday or a day on
which a legal holiday is observed. In
such a case, the period of time runs to the close of business on the next regular
workday.
[4.10.19.8
NMAC - N, 5/31/2016]
4.10.19.9 REGISTRATION AND RECORDS
SUBMISSION:
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.
B. Submittal of records:
(1) Digital submittals: Performing entities shall submit cultural
resource records according to the most recent version of the user’s guide by
entering data on investigations and cultural resources into NMCRIS through the
online electronic forms and through the online map service. After entering the data, the performing
entity shall download the electronic forms with the online data entries for the
investigation and for each resource and shall complete any remaining sections
not available online. Once the forms are
complete, the performing entity shall scan them and the required attachments,
and upload the scanned forms and the cultural resource investigation reports
into NMCRIS. If performing entities are
unable to upload any forms or documents into NMCRIS, they shall either make
arrangements with ARMS to upload the documents or they shall submit digital
copies of the forms or documents to NMCRIS separately and concurrently with the
submittal of the paper records.
(2) Paper submittals: Unless submitted to HPD by the report recipient,
the performing entity shall submit one printed copy of the investigation’s
cultural resource reports, the NMCRIS information abstract form, the associated
laboratory of anthropology (LA) site records and historic cultural properties
inventory (HCPI) forms, and any related materials to HPD for archiving in the
records repository. Performing entities
shall include the NMCRIS activity number, LA site numbers, and HCPI numbers
associated with the relevant cultural resources on all documents they submit to
NMCRIS and the records repository.
C. Failure to comply with this section:
(1) If the registrar discovers a
violation of this section, the registrar may restrict, temporarily suspend, or
prohibit future access to NMCRIS or the repository.
(2) An entity aggrieved by the
registrar’s decision may appeal. Appeals
shall be submitted to the SHPO in writing within ten calendar days of the
decision with a statement of reasons for the appeal.
(3) The SHPO shall respond in writing
within ten calendar days of receipt of an appeal.
(4) The SHPO’s decision on the appeal is
DCA’s final action on the matter.
D. Computation of time: In computing the period of time prescribed
for appeal, the day from which the period of time begins to run shall not be
included. The last calendar day shall be
included in the computation unless it is a Saturday, Sunday or a day on which a
legal holiday is observed. In such a
case, the period of time runs to the close of business on the next regular
workday.
[4.10.19.9
NMAC - N, 5/31/2016]
4.10.19.10 FEES:
A. Use of the records repository and NMCRIS
is contingent upon the HPD’s receipt of reasonable fees as provided in this
rule. The SHPO shall expend the fees
received solely for the maintenance and administration of the records
repository and NMCRIS, consistent with HPD’s appropriated budget. Expenditures for the maintenance and
administration of the records repository and the NMCRIS include, but are not
limited to, software licensing and maintenance, software development, computer
equipment lease or purchase, contractual services, staff time, facilities, and
supplies.
B. Fee schedule:
(1) Access fees: With the exception of public agencies or
tribal governments with a cooperative agreement, qualified institutions shall
pay an annual access fee that entitles qualified users of the qualified
institution to unlimited on-site use of the records repository and access to
NMCRIS on the following basis: $200 per
year for qualified institutions with three or fewer supervisory staff; $300 per
year for qualified institutions with four to 10 supervisory staff; $500 per
year for qualified institutions with 11-20 supervisory staff; and $800 per year
for qualified institutions with 21 or more supervisory staff. As used in this paragraph, “supervisory
staff” means supervisory archaeologists or crew chiefs who meet the
qualifications outlined in 4.10.8.10 NMAC.
Access fees are due each calendar year and shall accompany a signed
institutional agreement.
(2) Registration fees: With the exception of public agencies or
tribal governments with a cooperative agreement, qualified institutions shall
pay registration fees for cultural resource investigations consistent with the
following fee schedule.
(a) Fees for archaeological surveys are
based on the total area surveyed as measured in acres, using the schedule
below:
|
Class number |
Survey size (acres +/-) |
Survey Registration Fees |
|
1 |
<2 |
$25 |
|
2 |
2
to 4.99 |
$50 |
|
3 |
5
to 9.99 |
$75 |
|
4 |
10
to 19.99 |
$100 |
|
5 |
20
to 39.99 |
$125 |
|
6 |
40
to 79.99 |
$200 |
|
7 |
80
to 119.99 |
$300 |
|
8 |
120
to 199.99 |
$400 |
|
9 |
200
to 399.99 |
$500 |
|
10 |
400
to 599.99 |
$800 |
|
11 |
600
to 999.99 |
$1000 |
|
12 |
1,000
to 1,499.99 |
$2000 |
|
13 |
1,500
to 1,999.99 |
$2500 |
|
14 |
2,000
to 2,499.99 |
$3000 |
|
15 |
2,500
to 3,000 |
$3500 |
|
16 |
greater
than 3,000 acres |
$500
more for each 500 acres or fraction thereof over 3,000 acres |
(b) Fees for surveys that record all types
of cultural resources are based on the total area of archaeological survey as
measured in acres using the schedule above.
(c) The fee is twenty dollars ($20) to
register damage assessments, regional research designs, cultural overviews or historic
contexts, and small monitoring projects with five or fewer archaeological
sites. The fee is seventy-five dollars
($75) for monitoring projects with more than five archaeological sites and for
all test excavation, excavation, or mitigation projects. Add fifteen dollars ($15) to the seventy-five
dollars ($75) fee for each archaeological site.
(3) Staff
assistance fees: With the exception
of public agencies or tribal governments with a cooperative agreement,
additional fees for HPD staff assistance with cultural resources records apply
as follows:
(a) Qualified institutions shall pay
seventy-five dollars ($75) per-hour for assistance with records or map checks
when the assistance time exceeds one-half hour on a given business day,
rounding increments to the next full hour.
(b) Qualified institutions shall pay one
hundred fifty dollars ($150) per hour for assistance with custom database
queries and creation of electronic data files, with a one hour minimum and
rounding increments to the next full hour.
(c) Assisted access users shall pay two
hundred fifty ($250) per hour for assistance, with a one hour minimum, and
rounding increments to the next full hour.
(d) HPD may charge reasonable fees to
make copies of records.
(4) Fees for researchers: Independent researchers and educational
institutions engaged in academic research are not subject to any fees, other
than copy fees, provided they have a current institutional agreement on file
and they submit the results of the research to HPD in accordance with 4.10.19.9
NMAC.
C. Consolidated fee schedule: At least 60 days prior to implementation, HPD
shall provide written notice to all qualified institutions of the date that the
following “consolidated fee schedule” shall go into effect. HPD shall also provide this notice on its
website and may provide additional notice through other convenient
methods. The “consolidated fee schedule”
shall supersede the fee schedule outlined in Subsection B of this section on
the date provided in the notice.
(1) Access fees: Authorized qualified users, designated by a
qualified institution, shall have unlimited on-site use of the records
repository and NMCRIS without paying access fees.
(2) Registration fees: With the exception of public agencies or tribal
governments with a cooperative agreement, qualified institutions shall pay
registration fees for cultural resource investigations consistent with the
following fee schedule.
(a) Fees for archaeological surveys are
based on the total area surveyed as measured in acres, using the schedule
below:
|
Class number |
Survey size (acres +/-) |
Survey Registration Fee |
|
1 |
<2 |
$35 |
|
2 |
2
to 4.99 |
$65 |
|
3 |
5
to 9.99 |
$100 |
|
4 |
10
to 19.99 |
$130 |
|
5 |
20
to 39.99 |
$170 |
|
6 |
40
to 79.99 |
$260 |
|
7 |
80
to 119.99 |
$390 |
|
8 |
120
to 199.99 |
$520 |
|
9 |
200
to 399.99 |
$650 |
|
10 |
400
to 599.99 |
$1,040 |
|
11 |
600
to 999.99 |
$1,300 |
|
12 |
1,000
to 1,499.99 |
$2,600 |
|
13 |
1,500
to 1,999.99 |
$3,250 |
|
14 |
2,000
to 2,499.99 |
$3,900 |
|
15 |
2,500
to 3,000 |
$4,550 |
|
16 |
greater
than 3,000 acres |
$650
more for each additional 500 acres or fraction thereof over 3,000 acres |
(b) Fees for surveys that record all
types of cultural resources are based on the total area of archaeological survey
as measured in acres using the schedule above.
(c) The fee is fifty dollars ($50) to
register surveys that are solely architectural in scope. Add twenty-five dollars ($25) to the fifty
dollars ($50) fee for each associated cultural resource.
(d) The
fee is fifty dollars ($50) to register all non-survey cultural resource
investigations. Add twenty-five dollars
($25) to the fifty dollar ($50) fee for each associated cultural resource.
(3) Staff assistance fees: With the exception of public agencies or
tribal governments with a cooperative agreement, fees for HPD staff assistance
with cultural resources records apply as follows:
(a) Qualified institutions shall pay
seventy-five dollars ($75) per hour for assistance with records or map checks
that require more than one-half hour in a given day, in not less than one hour
increments, rounding increments to the next full hour.
(b) Qualified institutions shall pay one
hundred fifty dollars ($150) per hour for assistance with custom database queries
and creation of electronic data files rounding increments to the next full
hour.
(c) Assisted access users shall pay two
hundred fifty dollars ($250) per hour for assistance rounding increments of an
hour to the next full hour.
(d) HPD may charge reasonable fees to
make copies of records.
(4) Fees for researchers: Independent researchers and
educational institutions engaged in academic research are not subject to any
fees, other than copy fees, provided they have a current institutional agreement
on file and they submit the results of the research to HPD in accordance with
4.10.19.9 NMAC.
D. Cooperative agreement fees: Except in cases the SHPO determines the
historic preservation benefits are significant, cooperative agreements shall
provide annual financial assistance to HPD.
E. Delinquent accounts: Accounts with balances that remain unpaid for
more than 90 days are delinquent. HPD
shall terminate institutional agreements with entities that have delinquent
accounts.
[4.10.19.10
NMAC - Rp, 4.51.5.11 NMAC, 5/31/2016]
HISTORY OF
4.10.19 NMAC:
Pre-NMAC
History: None.
History of
Repealed Material:
4.51.5
NMAC, Archaeological Records Repository and Cultural Resource Information
System (filed 11/15/2002) repealed 1-1-2010.
4.51.5
NMAC, Archaeological Records Repository and Cultural Resource Information
System, filed 12/2/2009, repealed 5/31/2016.
Other History: 4 NMAC 51.3.2, named Fees, Subpart 2 -
Archaeological Records Repository And Cultural Resource Information System,
filed 8/16/96 was renumbered, reformatted and amended to 4.51.5 NMAC,
Archaeological Records Repository And Cultural Resource Information System,
effective 1/1/03.
4.51.5
NMAC, Archaeological Records Repository And Cultural
Resource Information System (filed 11/15/2002) was replaced by 4.51.5 NMAC,
Archaeological Records Repository And Cultural Resource Information System,
effective 1-1-2010.
4.51.5
NMAC, Archaeological Records Repository and Cultural Resource Information
System (filed 12/2/2009) was replaced by 4.10.19 NMAC, Cultural Resource
Information System and Records, effective 5/31/2016.