N.M. Code R. § 4.10.11.7

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

Section 4.10.11.7 - DEFINITIONS

A. "Committee" means the cultural properties review committee, as authorized and defined in Section 18-6-4, NMSA 1978, which consists of seven members as follows:

(1) the state historian at the state records center and archives;

(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 of architecture;

(5) one person professionally recognized in the discipline of archaeology;

(6) one person professionally, recognized in the discipline of historic archaeology;

(7) one additional person who is professionally recognized in history, architectural history or architecture, or archaeology.

B."State archaeologist" means the state official described in Section 18-6-15, NMSA 1978.

C."State historian" means the state official described in Section 18-6-14, NMSA 1978.

D."State historic preservation officer" (SHPO) means the state official described in Section 18-6-8, NMSA 1978.

E."Permitting authority" means the SHPO, the cultural properties review committee and the state archaeologist.

F."Permit" means a written authorization issued by the permitting authority to conduct archaeological excavations of human burials.

G."Unmarked burial ground" means a location where there exists a burial or burials of any human beings that are not visibly marked on the surface of the ground in any manner traditionally or customarily used for marking burials and includes any funerary object, material object or artifact associated with the burial or burials.

H."Human burial" means a human body or human skeletal remains and includes any funerary object, material object or artifact buried, entombed or sepulchered with that human body or skeletal remains.

I."Appropriate efforts to determine age" means estimation of the date of burial based on historic records (e.g., county or municipal vital statistics, church records, or other archival materials) or on associated funerary objects, material objects or artifacts or on interviews with area residents or any other efforts determined appropriate by the permitting authority.

J."Living persons who may be related to the human burial" means the designated spokesperson of any tribal group or clan or any person or persons with demonstrable consanguinity, affinity or direct historical association with the burial in question.

K."Lawful disposition of the human burial" means disposition of the human remains and associated funerary objects in a manner approved by the permitting authority, including, but not limited to, reburial or curation by a museum or similar facility.

L."Appropriate location" means the location of reburial of human remains and associated funerary objects, material objects or artifacts, as required by the permitting authority and as determined in consultation with the landowner and with any person who may be related to the human burial.

M."Medical investigator" (MI) means the licensed physician described in Section 24-11-3 NMSA 1978.

N."Skeletal remains" means any part of the body of a deceased human being in any stage of decomposition.

N."Landowner" means the public or private owner of any land or estate in which a burial is interred.

O."Office of Indian affairs" (OIA) means the commission created by Section 28-12-4 NMSA 1978.

N.M. Code R. § 4.10.11.7

9-15-89; 4.10.11.7 NMAC - Rn, 4 NMAC 10.11.7, 1/1/08