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 4.10.11.12 - GUIDELINES FOR DISPOSITION OF HUMAN REMAINS AND ASSOCIATED FUNERARY OBJECTS, MATERIAL OBJECTS OR ARTIFACTS

(1) The permittee will notify the SHPO within 45 days of completion of permitted excavations and will submit a recommended plan for the disposition of human remains to the SHPO for approval.

(2) These recommendations will take into consideration any permit stipulations imposed by the permitting authority, comments from any living person who may be related to the burial, and the wishes of the landowner. The plan will provide a legal location of the reburial site or the location of an approved curatorial facility. An inventory list of all funerary objects, material objects or artifacts found in association with the burial, or collected in the course of excavation, will be submitted with the plan for disposition.

(3) The SHPO will review the permittee's recommendations for approval or denial, ensuring that any living person who may be related to the burial will have been notified and given an opportunity to provide comments on final disposition of the human remains and associated funerary objects, material objects and artifacts.

(4) Upon completion of the review process, the SHPO will notify the permittee in writing of approval or disapproval of the recommended plan. If the recommendations in the plan are disapproved the SHPO will provide direction for proper disposition.

(1) Once accepted, the disposition plan will be implemented within 30 days, or within a specified period to be agreed upon by the SHPO. The permittee will provide written notice to the SHPO of completion of the disposition plan.

(2) If reinterment or disposition is delayed as a result of unforeseen circumstances and cannot be completed within the time period specified in the permit, the permittee shall contact the SHPO in writing to request an extension. This request must be received prior to expiration of the specified time period in order to be considered.

(3) The cost of reinterment will be born by the permittee except when, having specified reinterment in a manner requested by a tribe, clan or person who has claimed and demonstrated a relationship to the human burial, the SHPO requires that tribe, clan or person to assume such cost.

(4) Funerary objects, material objects or artifacts associated with a human burial will be released to the landowner by written instrument, after all other terms of the permit are met, unless a specific request for reinterment is made by a tribe, clan or person claiming and demonstrating a relationship to the human burial and approved by the SHPO.

(1) At the timely request of any affected landowner or any person claiming a relationship to a human burial, the permitting authority may review the conditions of a disposition plan prior to its being made final. A request for such review must be made in writing to the SHPO. Within 2 weeks of receipt of request for such review, the SHPO will inform the requesting party of the date, time and place of such review.

(2) The chairman of the committee will serve as the chairman of the review panel. The hearing will be conducted consistent with the committee's rules of procedure. Any decisions as to the terms of the disposition plan will be incorporated into the plan, which will be made final by vote of the permitting authority. The SHPO will transmit the final disposition plan to the requesting party and to the permittee.

(3) All requests for review shall include a statement of the requesting party's reason for requesting such review and will contain any additional information that the requesting party believes will support the appeal.