TITLE 4 CULTURAL RESOURCES
CHAPTER 51 MUSEUM OF NEW MEXICO
PART 5 ARCHAEOLOGICAL RECORDS
REPOSITORY AND CULTURAL
RESOURCE INFORMATION SYSTEM
4.51.5.1 ISSUING AGENCY: Cultural Affairs Department, Museum of New Mexico Board of Regents, and the Museum of New Mexico Division.
[4.51.5.1 NMAC - Rp, 4.51.5.1 NMAC, 1-1-2010]
4.51.5.2 SCOPE: Provisions of this rule apply to qualified users and qualified institutions, as defined herein, wishing to access the state archaeological records repository of the museum of New Mexico. Qualified users and institutions submitting cultural resource records for integration into the New Mexico cultural resource information system (NMCRIS) are also subject to the provisions of this rule.
[4.51.5.2 NMAC - Rp, 4.51.5.2 NMAC, 1-1-2010]
4.51.5.3 STATUTORY AUTHORITY: This rule is adopted pursuant to Section 9-4 A-6, NMSA 1978, of the Cultural Affairs Department Act; Section 18-3-3, NMSA 1978, which sets forth the duties and powers of the Museum of New Mexico Board of Regents; Section 18-6-11.1, NMSA 1978, of the Cultural Properties Act; and the National Historic Preservation Act of 1966, as amended, 16 U. S. C. 470 et seq.
[4.51.5.3 NMAC - Rp, 4.51.5.3 NMAC, 1-1-2010]
4.51.5.4 DURATION: Permanent.
[4.51.5.4 NMAC - Rp, 4.51.5.4 NMAC, 1-1-2010]
4.51.5.5 EFFECTIVE DATE: January 1, 2010, unless a later date is cited at the end of the section.
[4.51.5.5 NMAC - Rp, 4.51.5.5 NMAC, 1-1-2010]
4.51.5.6 OBJECTIVE: It is the objective of 4.51.5 NMAC to ensure that data contained in the state archaeological records repository and the New Mexico cultural resource information system (NMCRIS), collectively known as ARMS, is available to all qualified entities, as herein defined, and that the dissemination of such data does not create a risk of loss of cultural resources in the state of New Mexico. It is the further purpose of this rule to ensure that criteria and procedures for the dissemination or confidentiality of such data are consistent with the purposes of ARMS, such purposes being the ready retrieval and rapid analysis of cultural resource data by and for managers and scholars; the inclusion in the records repository and the NMCRIS of all recorded cultural resources in New Mexico regardless of ownership; and the maintenance and expansion of the records repository and the NMCRIS as a basis for compliance with state and federal historic preservation statutes.
[4.51.5.6 NMAC - Rp, 4.51.5.6 NMAC, 1-1-2010]
4.51.5.7 DEFINITIONS:
A. “Agency” refers to the entity, usually a federal or state agency, that has administrative responsibility for consulting with the SHPO under section 106 of the National Historic Preservation Act concerning the potential effects of federally funded or licensed undertakings on archaeological or other historic cultural properties.
B. "Archaeological records" refers to the paper files and other materials including, but not limited to, forms, journals, maps, databases, photographs, manuscripts, and reports dealing with archaeological investigations conducted in the state of New Mexico.
C. "Archaeological site" means a location exhibiting evidence of past human activity.
D. "ARMS" means the archaeological records management section, a program of the cultural affairs department, museum of New Mexico, administered by the historic preservation division through a memorandum of agreement between the museum of New Mexico and the historic preservation division. ARMS manages the data in the New Mexico cultural resource information system (NMCRIS) and the records in the state archaeological records repository of the museum of New Mexico.
E. "ARMS computer system user account application" means a document requesting an individual computer account that, when signed by the state, the qualified user, and, if appropriate, by a representative of his/her qualified institution, constitutes a contract between these parties and specifies the rules and conditions of use of the NMCRIS.
F. "ARMS user agreement" refers to a document, signed annually by the state and a qualified user or qualified institution that specifies the conditions and requirements for using and disseminating information obtained from the records repository and the NMCRIS.
G. “Assisted access user” means an individual or institution that does not meet the qualification as described in Subsection M or Subsection N of 4.51.5.7 NMAC. Assisted access users are approved by the ARMS registrar on a case-by-case basis and receive only staff-provided, limited access to ARMS resources.
H. "Cooperative agreements" means intergovernmental or joint powers agreements, as appropriate, between the ARMS and other state, federal, tribal, or local government agencies implemented to ensure the maintenance, expansion, and currency of the ARMS, and to achieve and maintain the comparability and accessibility of such information throughout the state in the interests of efficiency and of interagency cooperation.
I. “Cultural property” or cultural resource means a structure, place, site or object having historic, archaeological, scientific, architectural or other cultural significance.
J. “Cultural resource investigation” means field research of a specific area to identify, examine record, evaluate, and interpret cultural properties.
K. "NMCRIS" means the New Mexico cultural resource information system, an automated information system that serves as an inventory and database of all cultural properties in the state of New Mexico, and as an index to their geographic locations and related archival and object collections.
L. "Performing entity" means a public or private entity that documents cultural resources and generates records.
M. "Qualified user" means any individual or representative of a public or private entity including, but not limited to, corporations, partnerships, trusts, associations, educational institutions, foundations, and museums; any Indian tribe, band, or nation; or any agency of the state or federal government, who meets one or more of the following minimum standards:
(1) has a degree in archaeology, anthropology, architecture, architectural history, historic architecture, history, historic preservation or a closely related field, or city planning or equivalent training, from an accredited educational institution;
(2) is a bona fide representative of an agency or institution or private entity which holds a federal or state permit for performing cultural resource investigation within the state;
(3) is a bona fide representative of an agency or institution or private entity involved with the protection and preservation of cultural resources;
(4) is an academic researcher affiliated with an accredited educational or research institution.
N. "Qualified institution" refers to any public or private entity including, but not limited to, corporations, partnerships, trusts, associations, educational institutions, foundations, and museums; any Indian tribe, band, or nation; or any agency of the state or federal government, that meets one or more of the following minimum standards:
(1) holds a federal or state permit for performing cultural resource investigation within the state;
(2) is involved with the protection and preservation of cultural resources;
(3) is involved in academic research.
O. "Registrar" means the manager of ARMS charged with the responsibility of maintaining, expanding, and disseminating the information contained in the records repository and the NMCRIS.
P. "Report recipient" means the entity that pays for cultural resource investigations.
Q. "Records repository" means the official state archaeological archives, located at the museum of New Mexico, museum of Indian arts and culture/laboratory of anthropology.
R. "SHPO" or state historic preservation officer means the individual appointed pursuant to Section 18-6-8 of the Cultural Properties Act and who serves as the director of the historic preservation division.
[4.51.5.7 NMAC - Rp, 4.51.5.7 NMAC, 1-1-2010]
4.51.5.8 DOCUMENTS CITED IN THIS PART: Documents cited in this part may be viewed at the museum of New Mexico, laboratory of anthropology.
[4.51.5.8 NMAC - Rp, 4.51.5.8 NMAC, 1-1-2010]
4.51.5.9 RESTRICTIONS:
A. Access Restrictions: Information from the records repository, including NMCRIS, will be made available only to qualified users who can be expected to use it in a professionally responsible manner. Data are released by the registrar to qualified users on the basis of a determination that such information will further the purposes of the Cultural Properties Act, NMSA 1978, Section 18-6-2 (purpose), Section 18-6-11.1 (confidentiality of site locations), and will not create a risk of loss of cultural resources. It is the responsibility of the registrar to determine the extent of the information to be released from the records repository and the NMCRIS, and the type of access to be granted to the records repository and the NMCRIS. When the registrar cannot make a determination as to whether the applicant meets the definition of "qualified user," the question shall be referred to the SHPO for determination. Direct access to the records repository shall be permitted only under the supervision of authorized personnel of the records repository. Users shall be required to adhere to established rules as a condition of use of the materials in the records repository. Such rules will be made available to the user in the ARMS user agreement at, or prior to, the time of his/her initial visit. Direct access to the NMCRIS shall be permitted only through an ARMS computer system user account application issued by the ARMS registrar to each individual qualified user. Users shall be required to adhere to established rules as a condition of use of the NMCRIS. Such rules are specified in the ARMS user agreement, which must be signed by the qualified user and, if appropriate, by a representative of his/her qualified institution.
B. Petitions and Appeals: Any entity denied access to the records repository and the NMCRIS by the registrar may appeal such denial. Appeals from a decision of the registrar shall be made in writing to the SHPO. All appeals shall include a statement of reasons for such appeal. The SHPO shall consult with the division director of the museum of New Mexico and respond in writing within ten days of receipt of such appeal. Such response shall constitute a decision, a request for further information, or a request for an appearance by the appellant. The decision of the SHPO shall be final.
[4.51.5.9 NMAC - Rp, 4.51.5.9 NMAC, 1-1-2010]
4.51.5.10 PROCEDURES:
A. Access Procedures: Qualified users and qualified institutions must complete, sign, and submit a new ARMS user agreement to the ARMS each calendar year.
B. Registration:
(1) Registration is required before cultural resource records can be added to the records repository and integrated into the NMCRIS, and is mandatory for all cultural resource investigations conducted in the state of New Mexico.
(2) Registration is the responsibility of the performing entity (a qualified user or qualified institution), and shall be made prior to submission of the report and associated records to the agency. Unassisted registration may be accomplished directly by the performing entity through the ARMS web site.
(3) In response to each registration request, the NMCRIS will provide an activity number for each cultural resource investigation and a laboratory of anthropology (LA) site number for each newly recorded archaeological site or a unique historic structure number for each newly recorded historic structure, building, or acequia. These identification numbers must be clearly indicated on all records that are to be submitted to the agency.
[4.51.5.10 NMAC - Rp, 4.51.5.10 NMAC, 1-1-2010]
4.51.5.11 FEES:
A. General: All use of the records repository and the NMCRIS is subject to the payment of reasonable, nondiscriminatory fees in order to insure that accurate, comprehensive, and current information is available to qualified users and qualified institutions. All fees received will be placed in a separate account and expended solely for the maintenance and operation of the records repository and the NMCRIS.
B. Access Fees:
(1) With the exception of agencies that have entered into cooperative agreements with the ARMS, all qualified users and qualified institutions are subject to an annual access fee on the following basis: $200 per year for individuals and qualified institutions with 3 or fewer supervisory staff; $300 per year for qualified institutions with 4-10 supervisory staff; $500 per year for qualified institutions with 11-20 supervisory staff; and $800 per year for qualified institutions with 21 or more supervisory staff.
(2) To further the museum of New Mexico’s educational mission, no access fees shall be collected from academic researchers and educational institutions involved in academic research, provided the results are submitted to the ARMS. All academic researchers and educational institutions must have a current ARMS user agreement.
(3) Payment of annual access fees entitles qualified users and qualified institutions to unlimited on-site use of the cultural resource records and the NMCRIS, provided that each individual user maintains an ARMS computer system user account as described in Subsection F of 4.51.5.7 NMAC.
(4) Qualified users and qualified institutions will be charged on a per hour basis for staff assistance for basic records and map checks provided no single request requires more than one-half hour of staff time per day. Requests that require more than one-half hour of staff time will be subject to additional charges billed at $75 per hour in no less than one hour increments.
(5) Qualified users and qualified institutions will be charged on a per hour basis for staff assistance for custom database queries and creation of electronic data files. Requests are billed at $150 per hour of staff time in not less than one hour increments with a one hour minimum.
(6) Assisted access users will be charged on a case-by-case basis determined by the registrar. Assisted access users will be charged at $250 per hour for each request in not less than one hour increments with a one hour minimum.
C. Registration Fees: Qualified users and institutions are subject to all registration fees to cover the costs of maintenance and operation of the records repository and the NMCRIS. Cultural resource investigations performed pursuant to a cooperative agreement with the historic preservation division or the ARMS, or on a volunteer basis by non-profit societies or foundations are exempt from registration fees.
(1) Cultural resource investigation: Each cultural resource investigation will be assessed a fee by ARMS based on the total area surveyed, measured in acres, using the schedule below:
|
Class number |
Survey size (acres +/-) |
Survey Registration Fee |
|
1 |
<2 |
$25 |
|
2 |
2 to 4.99 |
$50 |
|
3 |
5 to 9.99 |
$75 |
|
4 |
10 to 19.99 |
$100 |
|
5 |
20 to 39.99 |
$125 |
|
6 |
40 to 79.99 |
$200 |
|
7 |
80 to 119.99 |
$300 |
|
8 |
120 to 199.99 |
$400 |
|
9 |
200 to 399.99 |
$500 |
|
10 |
400 to 599.99 |
$800 |
|
11 |
600 to 999.99 |
$1000 |
|
12 |
1,000 to 1,499.99 |
$2000 |
|
13 |
1,500 to 1,999.99 |
$2500 |
|
14 |
2,000 to 2,499.99 |
$3000 |
|
15 |
2,500 to 3,000 |
$3500 |
|
16 |
For more than 3,000 acres |
add $500 for each additional 500 acres or fraction thereof over the 3,000 acre amount. |
(2) Non-survey registrations: Clearances based on previous survey, simple monitoring projects with 0-5 sites, literature searches, damage assessments, and research designs will be charged a $20 flat fee. Site evaluations, mitigation, complex monitoring projects with more than 5 sites, testing, and excavation projects will be charged a $75 flat fee with an additional fee of $15 per site.
D. Cooperative Agreements: Cooperative agreements may be negotiated between the historic preservation division or the ARMS and other entities to advance the sharing of cultural resource data in New Mexico and further the preservation goals of the cultural affairs department. Agreements must refer to this rule for purposes of repository access and computer security. Except in cases where the SHPO determines the historic preservation benefits are significant, all cooperative agreements between HPD or the ARMS and an entity must provide for annual financial support for ARMS to cover the costs of operating and maintaining NMCRIS.
E. Billing and Payment:
(1) Access Fees: The ARMS access fee is due by December 31 of each calendar year and must be accompanied by a signed ARMS user agreement.
(2) Registration Fees: Payment of registration fees is the responsibility of the qualified user or qualified institution performing the cultural resource investigation. Investigations initiated before the effective date of this rule (January 1, 2010) shall not be subject to the new registration fee. Each qualified user and institution shall be invoiced on a monthly basis. Invoices shall contain an itemized statement, the registration fee, and the total invoice amount. Payment shall be made by check and must be accompanied by one copy of the invoice.
F. Penalties: Payment of fees is required within 45 days of the invoice date. Accounts with balances that remain unpaid for more than 45 days will be considered delinquent. Overdue accounts shall result in termination of the ARMS access privileges and non-renewal of the ARMS user agreement.
[4.51.5.11 NMAC - Rp, 4.51.5.11 NMAC, 1-1-2010]
HISTORY OF 4.51.5 NMAC:
Pre-NMAC History: None.
History of Repealed Material:
4.51.5 NMAC, Archaeological Records Repository And Cultural Resource Information System (filed 11/15/2002) repealed 1-1-2010.
Other History: 4 NMAC 51.3.2, named Fees, Subpart 2 - Archaeological Records Repository And Cultural Resource Information System, filed 8/16/96 was renumbered, reformatted and amended to 4.51.5 NMAC, Archaeological Records Repository And Cultural Resource Information System, effective 1/1/03.
4.51.5 NMAC, Archaeological Records Repository And Cultural Resource Information System (filed 11/15/2002) was replaced by 4.51.5 NMAC, Archaeological Records Repository And Cultural Resource Information System, effective 1-1-2010.