Cultural Properties Protection Acknowledgment

Download Form Instructions

All lessees, lease operators, grantees, and/or applicants (collectively, “Parties”) requesting any authorization from the Commissioner of Public Lands, or conducting any project or activity on state trust land are expected to review and abide by all applicable laws related to the protection of cultural properties on state land, including the New Mexico State Land Office’s (“NMSLO”) Cultural Properties Protection Rule, 19.2.24 NMAC.

Notice

Parties conducting surface-disturbing activity on state trust land must follow the procedures and timelines outlined in 19.2.24.8 NMAC. To minimize processing delays, Parties are strongly encouraged to supply NMSLO with appropriate documentation as early as possible and as described in the attached Instructions for Compliance, pursuant to 19.2.24.8 (C), (D), (E) & (F) NMAC.

Parties are advised to always exercise due caution to ensure that cultural properties on state trust land are not inadvertently excavated, disturbed, dislodged, damaged, destroyed, or removed by any person, pursuant to the Cultural Properties Protection Rule, 19.2.24.8(A) NMAC and Section 18-6-9(A) and (B), NMSA 1978. Pursuant to the Cultural Properties Protection Rule, 19.2.24.12(A) NMAC, if any Party becomes aware of actual or imminent damage to cultural properties on state trust lands where that Party is conducting activities, that Party shall immediately notify NMSLO, and shall immediately suspend project activities in the immediate area of the damage or the threatened cultural property. Activities shall remain suspended until the SHPO and NMSLO approve resumption of activities.

Furthermore, if a Party conducts activities without the benefit of a survey and any cultural property is damaged in the process, the responsible Party will be held liable for the cost of an archaeological damage assessment, plus the remediation value of the affected cultural property as determined by that damage assessment. In addition, the Commissioner of Public Lands may file an action to recover an amount equal to twice the cost of restoration, stabilization, and interpretation of the damaged cultural property, in accordance with the Cultural Properties Act, Section 18-6-11.2(C), NMSA 1978.

Acknowledgment

Signature

By signing this acknowledgment form, Parties affirm that they have read this Notice and the Instructions for Compliance, and that they have reviewed and agree to comply with NMSLO’s Cultural Properties Protection Rule. If a Party is other than a natural person, the individual signing below attests that they have the authority to execute this acknowledgment on behalf of and bind that Party.

Yes, I have read and will comply

[Signature box]

Certified on 04/18/2022

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Instructions for Compliance

Cultural Properties Protection Rule (19.2.24 NMAC)

The following instructions apply to any lessee, operator, grantee, or applicant (collectively, “Parties”) that intends to conduct surface disturbing activities on state trust lands, and provide additional guidance for fulfilling the requirements of NMSLO’s Cultural Properties Protection Rule.

We thank you in advance for your commitment to protecting New Mexico’s past and living history. NMSLO encourages all Parties to provide current and accurate documentation as early as possible to minimize processing delays. Please do not hesitate to reach out to the Cultural Resources Office at croinfo@slo.state.nm.us should you have any questions after reviewing these Instructions or with NMSLO's cultural properties review process.

Part I: Archaeological Records Management Section (ARMS) Inspection (Records Review)

1. An ARMS inspection must be conducted prior to any surface-disturbing activities, in compliance with 19.2.24.8 (C) NMAC. The ARMS inspection is a records review and should comply with the pre-field requirements of 4.10.15.9 NMAC. The specific timing of when an ARMS inspection is required depends on the category of activity, as described in 19.2.24.8(E) NMAC. The Cultural Properties Protection Rule provides a description of the categories of activity that do not require an ARMS inspection or survey; see 19.2.24.9 NMAC and 19.2.24.10 NMAC.
2. Parties are expected to engage a permitted archaeologist to conduct the initial ARMS Inspection. Only ARMS inspections from permitted archaeological consultants will be accepted. The list of permitted consultants in New Mexico is available at http://www.nmhistoricpreservation.org/documents/consultants.html. Scroll down past the headings for “Archaeological Permits” and “Official Scenic Markers” to “Preservation Consultants.” Click on the pdf document titled “Cultural Resource Consultants.” The list is updated regularly and arranged by county of location. Because costs vary, the NMSLO encourages you to contact more than one permitted archaeological consultant.
3. The Party must provide the archaeological consultant with all relevant supporting documentation. This may include a description of the project, cadastral plats, and location information in digital form (ArcGIS shape files, kml/kmz format, GPS coordinates, CAD drawings, plats, or accurate depictions on USGS 1:24000 quadrangles).
4. The archaeological consultant will conduct an ARMS inspection of the entire area of potential effect (APE). Based on the ARMS inspection, the findings will be summarized into one of three results as indicated on the NMSLO Cultural Resources Cover Sheet ("Cover Sheet"):
   1. The entire area of potential effect or project area has been previously surveyed to current standards and no cultural properties were found within the survey area.
   2. The entire area of potential effect or project area has been previously surveyed to current standards and cultural properties were found within the survey area.
   3. The entire area of potential effect or project area has not been previously surveyed or has not been surveyed to current standards. A complete archaeological survey will be conducted and submitted for review.
5. If the ARMS inspection indicates that the entire APE has been subject to archaeological survey and no cultural properties were located (result A above), NMSLO’s Cultural Resources Office and the relevant leasing division (e.g. Water Bureau, Minerals; Agricultural Leasing; Business Leasing, Renewables, and Rights-of-Way) will complete the process of review and approval. In the case of Oil and Gas lease projects, once the Cultural Resources Office approves the ARMS Inspection results, no further archaeological review is required and the project will proceed.
6. If the ARMS inspection result indicates a previous survey showing the presence of cultural properties within the APE (result B above), the Party must propose avoidance and protection measures for the project as designed in collaboration with their archaeological consultant.
7. If the ARMS inspection shows that the entire APE has not been subject to archaeological survey or to a current standards survey (result C above), a complete archaeological survey must be conducted and submitted to the Cultural Resources Office by the archaeological consultant for review. The new survey need not include areas already subjected to acceptable surveys. See continued instructions below, Part II.
8. The archaeological consultant will complete the ARMS Inspection/Desktop Review web form on the Cultural Compliance Web Portal (Web Portal), available at http://culturalcompliance.nmstatelands.org The archaeological consultant will also prepare and upload (1) the Cover Sheet, which is a fillable PDF form (available from the Web Portal and also from NMSLO’s website and Cultural Resources Office), and (2) maps, plats and other attachments as may be needed. NMSLO's Cultural Resources Office will have immediate access to the submitted web form and accompanying documents.
9. Because specific locational information of cultural properties that may be contained in an ARMS inspection is confidential under New Mexico law (see Cultural Properties Act, Section 18-6-11.1 NMSA 1978, and Section 19-1-2.1 NMSA 1978), Parties should expect to receive a copy only of the Cover Sheet from their archaeological consultant, and should forward the Cover Sheet to the appropriate NMLSO leasing division with their application.
10. Important note for Parties conducting project activities under oil and gas leases: Parties conducting project activities on state land under oil and gas leases, like other Parties, will receive a copy of the Cover Sheet from their archaeological consultant. To provide information on their upcoming projects on state land, Parties will then fill in the Oil and Gas Project Description Web Form via the Web Portal at http://culturalcompliance.nmstatelands.org and will submit, along with the Cover Sheet, any necessary documentation for cultural compliance review pursuant 19.2.24.8 (E)(3) NMAC.

Part II: Archaeological Surveys

1. If the ARMS inspection, in compliance with 19.2.24.8 (C) NMAC, indicates that the entire APE has not been subject to archaeological survey (result C above), a complete archaeological survey must be conducted to current standards in compliance with 4.10.15 NMAC, and provided to NMSLO's Cultural Resources Office by the archaeological consultant for review.
2. In compliance with 19.2.24.8 (F) NMAC, at least 15 calendar days prior to any survey activities, the archaeological consultant should submit a Notification of Intent to Conduct an Archaeological Survey through the Web Portal at http://culturalcompliance.nmstatelands.org
3. Only archaeological surveys from permitted archaeological consultants will be accepted and must be conducted under current standards in compliance with 4.10.15 NMAC. Information on how to access the list of permitted archaeologists is listed in Part I, Para. 2 above. NMSLO encourages you to contact more than one archaeological consultant in your given location as proximity will be a factor in estimated costs of an archaeological survey.
4. Parties will be expected to design the project so as to avoid any cultural properties identified within the APE by the archaeological survey obtained in conjunction with a project or by pre-existing surveys, or provide other mitigation measures in collaboration with their contract archaeologist. Parties are encouraged to provide NMSLO with appropriate current and accurate documentation of the proposed activity as early as possible (preferably at least sixty calendar days prior to any surface disturbing activity) to minimize processing delays and ensure implementation of avoidance and protection measures.
5. The archaeological consultant will provide the Cultural Resources Office with a complete archaeological survey report for review and approval. The complete results of an archaeological survey are confidential under New Mexico law (see Cultural Properties Act, Section 18-6-11.1 NMSA 1978, and Section 19-1-2.1 NMSA 1978). Upon approval of the final archaeological survey report, Parties should expect to receive a copy of the Cover Sheet from their archaeological consultant, and will forward it to the appropriate leasing division with their application, or in the case of oil and gas leases only, they will upload the Cover Sheet along with their Project Description Web Form submitted via the Web Portal at http://culturalcompliance.nmstatelands.org
6. On behalf of the Party who is conducting the surface disturbing activity, the archaeological consultant should submit by mail two hard copies of the finalized, completed archaeological survey report with the Cover Sheet completed and attached to the report to NMSLO (attn.: Cultural Resources Office) at P.O. Box 1148, Santa Fe, NM 87504 or if hand delivered or by courier service at 310 Old Santa Fe Trail, Santa Fe, NM 87501.
7. The NMSLO Cultural Resources Office may request an electronic copy of the archaeological survey report. In case of electronic method of transmission, the archaeological survey report should be delivered to the croinfo@slo.state.nm.us with any relevant questions. The website https://www.nmstatelands.org/ contains a list of State Trust Land Archaeologists (along with related contact info) to which questions can also be addressed.