N.M. Code R. § 4.51.11.11
Current through Register Vol. 35, No. 11, June 11, 2024
Section 4.51.11.11 - ONGOING RECOVERY OR ACCEPTANCE OF ARCHAEOLOGICAL MATERIALSA. In providing sponsored archaeological research or repository functions, the museum shall work with agencies that regulate the inventory, scientific study, collection, curation, and/or disposition of archaeological materials to ensure, to the extent possible under the law, that these mandated functions are provided in a manner that respects the religious and cultural beliefs of concerned parties.B. When entering into agreements for the acceptance of, or continued care for, archaeological repository collections, the museum may issue such stipulations as are necessary to ensure that the collection, treatment, and disposition of the collections include adequate consultation with concerned parties and are otherwise consistent with this policy.C. In addition to the mandated treatment of research sites and remains and in those actions where treatment is not mandated, defined, or regulated by laws, regulations, or permit stipulations, the museum shall use the following independent guidelines in recovering or accepting archaeological materials. (1) Prior to undertaking any archaeological studies at sites with an apparent relationship to concerned parties, the museum shall ensure that proper consultation with the concerned parties has taken place.(2) When so requested by concerned parties, the museum shall include an observer, chosen by the concerned party, in the crew of an archaeological study.(3) The museum shall not remove human remains and their associated funerary objects or materials from their original context nor conduct any destructive studies on such remains, objects, and materials, except as part of procedures determined to be appropriate through consultation with concerned parties, if any.(4) The museum reserves the right to restrict general public viewing of in situ human remains and associated funerary objects or items of a sacred nature and further shall not allow the public to take or prepare images or records of such objects, materials, or items, except as part of procedures determined to be appropriate through consultation with concerned parties. Photographic and other images of human remains shall be created and used for scientific records only.(5) The museum reserves the absolute right to limit or deny access to archaeological remains being excavated, analyzed, or curated if access to these remains would violate religious practices.D. Twice each calendar year, the state archaeologist shall compile and distribute a listing of all proposed, ongoing, and complete state-permitted archaeological work in New Mexico and all museum of New Mexico archaeological projects state-permitted or not. The list shall be public information and, in consonance with this policy, shall be distributed to all tribal governments in New Mexico, as well as to other recognized organizations that may be concerned with ongoing archaeological excavations and their findings.N.M. Code R. § 4.51.11.11