N.M. Code R. § 4.10.11.11

Current through Register Vol. 35, No. 11, June 11, 2024

Section 4.10.11.11 - GUIDELINES FOR IDENTIFICATION AND NOTIFICATION OF LIVING PERSONS WHO MAY BE RELATED TO A BURIAL

A. Unmarked burials - Native American:

(1) With an application for a one-time permit or a notification of activation of an annual permit, the applicant or permittee shall provide the following information to SHPO:

(a) a description of the context of the burial (e.g., historic or prehistoric archaeological site) with information about the site type, probable cultural affiliation, and apparent date of interment; and

(b) tentative date of completion of excavations.

(2) Upon receipt of the permit application or notification of an excavation under an annual permit, the SHPO will notify the state office of Indian affairs in writing of the location and will transmit to the OIA any available information about the human burial or unmarked burial ground.

(3) The OIA will attempt to identify living persons who may be related to the human burial. The office of Indian affairs or a designated spokesperson for a tribe or clan claiming a relationship to a human burial may make recommendations for disposition of human remains as it considers appropriate. Recommendations for disposition must be received within 30 days of notification to OIA by the SHPO.

B. Unmarked burials - Non-native American:

(1) With an application for a one-time permit or a notification of activation of an annual permit, the applicant or permittee shall provide the following information to the SHPO:

(a) a description of the context of the burial (e.g., historic or prehistoric archaeological site) with information about the site type, probable cultural affiliation, and apparent date of interment; and

(b) tentative date of completion of excavations; and

(c) actions to be taken to identify persons who may be related to the human burial.

(2) The permittee will attempt to locate and notify any persons who may be related to the human burial in writing or through legal notices.

C. If contacted, persons who may be related to a human burial shall be requested by the permittee to make recommendations within 30 days on the disposition of the human remains and associated funerary objects, material objects or artifacts.

N.M. Code R. § 4.10.11.11

9-15-89; 4.10.11.11 NMAC - Rn, 4 NMAC 10.11.11, 1/1/08