New Mexico Administrative Code
Title 4 - CULTURAL RESOURCES
Chapter 10 - CULTURAL PROPERTIES AND HISTORIC PRESERVATION
Part 11 - ISSUANCE OF PERMITS TO EXCAVATE UNMARKED HUMAN BURIALS IN THE STATE OF NEW MEXICO
Section 4.10.11.11 - GUIDELINES FOR IDENTIFICATION AND NOTIFICATION OF LIVING PERSONS WHO MAY BE RELATED TO A BURIAL
Universal Citation: 4 NM Admin Code 4.10.11.11
Current through Register Vol. 35, No. 18, September 24, 2024
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.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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