Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.10.19.9 - REGISTRATION AND RECORDS SUBMISSIONA.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.Adopted by New Mexico Register, Volume XXVII, Issue 10, May 31, 2016, eff. 5/31/2016