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

 

4.10.11.1               ISSUING AGENCY:  Office of Cultural Affairs, State Historic Preservation Division.

[11-15-97; 4.10.11.1 NMAC - Rn, 4 NMAC 10.11.1, 1/1/08]

 

4.10.11.2               SCOPE:  The historic preservation division, the office of the medical investigator, the cultural properties review committee, persons who discover unmarked human burials, applicants for permits to excavate unmarked human burials and individuals holding such permits. Section 18-6-11.2 NMSA 1978 applies to all lands of the state of New Mexico and all private lands in the state of New Mexico. It does not apply to federal lands or to lands held in trust for an Indian tribe by the federal government.

[11-15-97; 4.10.11.2 NMAC - Rn, 4 NMAC 10.11.2, 1/1/08]

 

4.10.11.3               STATUTORY AUTHORITY:  Section 18-6-11.2 of the Cultural Properties Act NMSA 1978.

[9/15/89; 4.10.11.3 NMAC - Rn, 4 NMAC 10.11.3, 1/1/08]

 

4.10.11.4               DURATION:  Permanent.

[11-15-97; 4.10.11.4 NMAC - Rn, 4 NMAC 10.11.4, 1/1/08]

 

4.10.11.5               EFFECTIVE DATE:  9/15/89, unless a later date is cited at the end of a section or paragraph. Reformatted to NMAC format effective 11/15/97.

[11-15-97; 4.10.11.5 NMAC - Rn, 4 NMAC 10.11.5, 1/1/08]

[Note:  The words or paragraph, above, are no longer applicable.  Later dates are now cited only at the end of sections, in the history notes appearing in brackets.]

 

4.10.11.6               OBJECTIVE:  The objective of Part 11 of Chapter 10 is to establish the procedures under which permits for the removal of unmarked human burials shall or may be issued and the requirements and stipulations for analysis, treatment and disposition of unmarked human burials.

[9-15-89; 4.10.11.6 NMAC - Rn, 4 NMAC 10.11.6, 1/1/08]

 

4.10.11.7               DEFINITIONS:

                A.            "Committee" means the cultural properties review committee, as authorized and defined in Section 18-6-4, NMSA 1978, which consists of seven members as follows:

                    (1)     the state historian at the state records center and archives;

                    (2)     one person professionally recognized in the discipline of architectural history;

                    (3)     one person professionally recognized in the discipline of history;

                    (4)     one person professionally recognized in the discipline of architecture;

                    (5)     one person professionally recognized in the discipline of archaeology;

                    (6)     one person professionally, recognized in the discipline of historic archaeology;

                    (7)     one additional person who is professionally recognized in history, architectural history or architecture, or archaeology.

                B.            "State archaeologist" means the state official described in Section 18-6-15, NMSA 1978.

                C.            "State historian" means the state official described in Section 18-6-14, NMSA 1978.

                D.            "State historic preservation officer" (SHPO) means the state official described in Section 18-6-8, NMSA 1978.

                E.             "Permitting authority" means the SHPO, the cultural properties review committee and the state archaeologist.

                F.             "Permit" means a written authorization issued by the permitting authority to conduct archaeological excavations of human burials.

                G.            "Unmarked burial ground" means a location where there exists a burial or burials of any human beings that are not visibly marked on the surface of the ground in any manner traditionally or customarily used for marking burials and includes any funerary object, material object or artifact associated with the burial or burials.

                H.            "Human burial" means a human body or human skeletal remains and includes any funerary object, material object or artifact buried, entombed or sepulchered with that human body or skeletal remains.

                I.              "Appropriate efforts to determine age" means estimation of the date of burial based on historic records (e.g., county or municipal vital statistics, church records, or other archival materials) or on associated funerary objects, material objects or artifacts or on interviews with area residents or any other efforts determined appropriate by the permitting authority.

                J.             "Living persons who may be related to the human burial" means the designated spokesperson of any tribal group or clan or any person or persons with demonstrable consanguinity, affinity or direct historical association with the burial in question.

                K.            "Lawful disposition of the human burial" means disposition of the human remains and associated funerary objects in a manner approved by the permitting authority, including, but not limited to, reburial or curation by a museum or similar facility.

                L.             "Appropriate location" means the location of reburial of human remains and associated funerary objects, material objects or artifacts, as required by the permitting authority and as determined in consultation with the landowner and with any person who may be related to the human burial.

                M.           "Medical investigator" (MI) means the licensed physician described in Section 24-11-3 NMSA 1978.

                N.            "Skeletal remains" means any part of the body of a deceased human being in any stage of decomposition.

                N.            "Landowner" means the public or private owner of any land or estate in which a burial is interred.

                O.            "Office of Indian affairs" (OIA) means the commission created by Section 28-12-4 NMSA 1978.

[9-15-89; 4.10.11.7 NMAC - Rn, 4 NMAC 10.11.7, 1/1/08]

 

4.10.11.8               COORDINATION WITH THE STATE MEDICAL INVESTIGATOR:

                A.            Excavation, removal, disturbance or destruction of an unmarked human burial or unmarked burial ground may be carried out only by authority of the state medical investigator or of the permitting authority.

                B.            Any case of sudden, violent or untimely death, any death whose cause is unknown, and any death by criminal act or omission is presumed to have medicolegal significance. It is the responsibility of the MI, in cooperation with the law enforcement agency of jurisdiction, to determine whether an unmarked human burial or unmarked burial ground has such medicolegal significance.

                C.            Consistent with this responsibility, all unmarked human burials and unmarked burial grounds in the state of New Mexico shall be presumed to fall under the authority of the MI pursuant to Section 18-6-11.2(D) NMSA 1978.

                D.            Any person who discovers an unmarked human burial or unmarked burial ground shall cease any activity that may disturb that burial or burial ground or any object or artifact associated with that burial or burial ground and shall notify the local law enforcement agency having jurisdiction in the area. The local law enforcement agency shall notify the Ml and the SHPO. The local law enforcement agency may choose not to notify the SHPO in cases in which it is manifestly evident that the burial is recent and death was caused by a criminal act.

                E.             When notified by law enforcement the SHPO will designate a staff archaeologist or another professional archaeologist, holding a permit as described below (Subsection B of 4.10.11.9 NMAC), to respond to the discovery of an unmarked human burial or unmarked burial ground. Such permitted professional must be prepared to show adequate and appropriate identification or authorization to law enforcement or to MI personnel. When the MI and such professional archaeologist concur in a determination that the unmarked burial or burial ground is without medicolegal significance, the case shall be terminated by the MI to the SHPO in writing.

                F.             Following termination of jurisdiction by the MI, discoveries of additional human burials within the same unmarked burial ground may be deemed by the MI to fall within the same case and may be terminated in the same case file as the original find.

                G.            If no representative of the permitting authority is present to inspect the site of the discovery of an unmarked human burial, the burial shall be presumed to fall under the authority of the MI. The MI may terminate jurisdiction to the SHPO in such case.

                H.            Either the MI or the SHPO may request that an authorized representative of the other office take sole responsibility for making a field examination of an unmarked human burial and for determining whether the burial has cultural significance.

                I.              Unmarked human burials or burial grounds shall not be excavated by the MI except as the MI or the representative of the MI and law enforcement deem necessary to determine medicolegal significance. When a staff archaeologist of the SHPO or other professional archaeologist permitted by the permitting authority responds to the discovery of an unmarked human burial or burial ground, excavation of that burial or burial ground to determine medicolegal significance will be carried out, to the greatest extent deemed feasible by the MI or representative of the MI, under the direction of the professional archaeologist.

                J.             When the MI determines that an unmarked human burial or burial ground has medicolegal significance, the MI shall retain jurisdiction of that burial or burial ground and shall proceed consistent with Section 24-11-5 [ff.] NMSA 1978 and established investigative protocols of the MI and of the law enforcement agency of jurisdiction.

                K.            Any unmarked human burial which is determined by the MI not to have medicolegal significance shall be presumed to have cultural significance and shall be deemed to fall under the provisions of Section 18-6-11.2(E-I) NMSA 1978.

                L.             On the request of the SHPO to the MI in any case in which the MI retains jurisdiction of an unmarked human burial or burial ground, that burial or burial ground will be excavated, removed and analyzed, to the greatest extent deemed feasible by the MI, under the direction of a staff archaeologist or professional archaeologist permitted by the permitting authority.

[9-15-89; 4.10.11.8 NMAC - Rn, 4 NMAC 10.11.8, 1/1/08]

 

4.10.11.9               PERMITTING PROCEDURES AND REQUIREMENTS PERTAINING TO THE REMOVAL OF HUMAN BURIALS:

                A.            Permitting procedures - individual permits.

                    (1)     All applicants for a permit to exhume human burials shall meet the following requirements:

                              (a)     hold a graduate degree in archaeology, anthropology, or equivalent training acceptable to the permitting authority; or

                              (b)     be a member in good standing of an amateur archaeological society certified by the archaeological society of New Mexico; and

                              (c)     have at least 6 months of archaeological field experience within the region where the project will be undertaken, under the guidance of or in cooperation with a recognized professional archaeologist, or demonstrated competence based on analogous experience acceptable to the permitting authority; and

                              (d)     demonstrate an ability to carry out archaeological excavation, documentation and report preparation; amateur societies may be required to coordinate with a professional archaeologist to provide the necessary technical assistance;

                              (e)     applicants shall provide the SHPO with vitas of all members of the applicants' organization expected to supervise the excavation of a burial; vitas need not be submitted with subsequent permit applications, provided that the applicant ensures that the information contained in this file is current at the time of a subsequent permit application; the use of volunteers or other individuals who may not meet the specified qualifications is acceptable only if they will be directly supervised by the permittee or qualified personnel.

                    (2)     Individual case permits will be issued to excavate all burials in specific unmarked burial grounds.  The permitting authority will take action on the permit within 60 days of receipt of application.

                    (3)     Applications for individual permits will include the following:

                              (a)     a legal description of the location of the burial (i. e., township, range, section, to the 1/4 1/4 section), land ownership, and a copy of the appropriate USGS 7.5' quad with the location identified;

                              (b)     current vitas of personnel who may supervise the excavation; such persons must be present while burials are being excavated and must directly supervise any volunteers or assistants who participate in the excavation of the burial;

                              (c)     a preliminary set of recommendations outlining the methods and techniques to be employed during the permitted activity, including methods for estimating the date of interment and general procedures that may be used to identify and notify living persons who may be related to the human burial; all excavation and analysis will be conducted in accordance with the guidelines listed in 4.10.11.10 NMAC;

                              (d)     written authorization from the landowner to remove the burial(s);

                              (e)     the information requested in 4.10.11.11 NMAC and any preliminary proposals for reinterment or other appropriate disposal of the human burial consistent with the guidelines listed in 4.10.11.12 NMAC.

                    (4)     The application information and all attachments shall be reviewed by the permitting authority.

                    (5)     The SHPO will notify the applicant in writing of the approval or disapproval of the permit by the permitting authority.

                    (6)     The term of an individual permit will be set by the permitting authority, not to exceed 1 year.

                    (7)     The permitting authority may expedite the review process in emergency discovery situations.

                B.            Permitting procedures - annual permits.

                    (1)     Permits to excavate burials may be issued on an annual basis. The annual permits are intended to provide for expeditious removal of burials in discovery situations by eliminating the 60 day review period required for an individual permit. Excavations of human remains under an annual permit may take place after notification of the SHPO.

                    (2)     All applicants for annual permits to exhume human burials shall meet the following requirements:

                              (a)     hold a graduate degree in archaeology, anthropology, or closely related field or equivalent training acceptable to the permitting authority; and

                              (b)     have at least 6 months of archaeological field experience within the region where the project will be undertaken, under the guidance of or in cooperation with a recognized professional archaeologist, or demonstrated competence based on analogous experience acceptable to the permitting authority; and

                              (c)     demonstrate an ability to carry out archaeological excavation, documentation and report preparation.

                    (3)     Applications for annual permits will include the following:

                              (a)     current vitas of personnel who may supervise excavation of a human burial or unmarked burial ground; vitas need not be submitted with subsequent permit applications, provided that the applicant ensures that the information contained in this file is current at the time of a subsequent permit application; the use of volunteers or other individuals who may not meet the specified qualifications is acceptable only if they will be directly supervised by the permittee or qualified personnel;

                              (b)     a brief discussion of the methods and techniques to be employed during the permitted activity, including methods for estimating the date of burial, general procedures that may be employed to identify and notify living persons who may be related to the human burial, and general procedures for determining the disposition of human burials, including curation agreements; all excavation and analysis will be conducted in accordance with the guidelines listed in 4.10.11.10 NMAC.

                    (4)     The application information and all attachments shall be reviewed by the permitting authority.

                    (5)     Upon completion of the review process, the SHPO will notify the applicant in writing of the approval or disapproval of the permit.

                    (6)     The term of an annual permit shall be the end of calendar year in which it was approved.

                    (7)     Written notice of a permittee's intent to use an annual permit shall be submitted in writing to the SHPO before excavation begins and will include:

                              (a)     a legal description of the location of the burial (i.e., township, range, section, to the 1/4 1/4 section), land ownership, and a copy of the appropriate USGS 7.5' with the location identified;

                              (b)     written authorization from the landowner to remove the burial(s);

                              (c)     the information requested in 4.10.11.11 NMAC;

                              (d)     a list of the personnel supervising and conducting excavations of the human burial.

                    (8)     The holder of a blanket permit may act as a representative of the SHPO in consultation with the MI under 4.10.11.8 NMAC above. If it is determined that the human burial or unmarked burial ground falls under Section 18-6-11.2(F) NMSA 1978, the permit holder may proceed to remove the burial, consistent with the terms of the permit, immediately following notification of the SHPO.

                C.            Procedures for appeal of permit denial.

                    (1)     Any applicant denied a permit by the permitting authority or aggrieved by the terms of a permit shall have the right to appeal the decision.

                    (2)     The SHPO shall inform the applicant, in writing, that a permit has been denied and shall specify the reason for denial.

                    (3)     Any applicant wishing to appeal the denial of a permit or the terms of a permit shall write to the SHPO requesting a hearing. The hearing board may designate an alternative to serve in his place if, for any reason, he believes it would be inappropriate to serve on the hearing board. Within 2 weeks of receipt of a request for a hearing, the SHPO will inform the applicant in writing of the date, time, and place of the hearing at which the appeal will be heard.

                    (4)     The chairman of the committee will serve as the chairman of the hearing board. The hearing will be conducted in accordance with the committee's rules of procedure. Decisions in any case brought before the board will be decided by a majority vote of the members of the board. The SHPO will inform the applicant in writing of the decision of the hearing board. The decision of the hearing board will be a final administrative decision.

                    (5)     All appeals shall include a statement of the applicant's reason for requesting an appeal and shall contain any additional information that the applicant believes will support the appeal.

                D.            Permit stipulations.

                    (1)     Recipients of burial excavation permits issued by the permitting authority agree to abide by all stipulations contained in this regulation and any special stipulation that may be imposed by the permitting authority.

                    (2)     Costs incurred in the execution of the activities conducted under the permit shall be borne by the permittee or the permittee’s client or sponsor.

                    (3)     The state of New Mexico, including its bureaus and employees and landholding agencies, shall be held blameless for any and all events, deeds or mishaps resulting from the activities of the permittee, regardless of whether or not they arise from operations authorized under the permit.

                    (4)     The permitting authority shall determine, in consultation with any living relative, conditions for the appropriate disposition of the human remains and any or all of the associated funerary objects, material objects or artifacts. All conditions for final disposition will become stipulations of the permit.

                    (5)     Documentation of all funerary objects, material objects, or artifacts associated with a human burial will be provided to the SHPO, consistent with provisions in Subsection D of 4.10.11.10 NMAC.  The permittee will ensure that all documented items are disposed of in accordance with the disposition plan. The permit will also stipulate measures to ensure that the burials and associated funerary objects, material objects, or artifacts remain undisturbed after disposition.

                    (6)     If the excavation is delayed as a result of unforeseen circumstances and cannot be completed within the permit period, the permittee shall contact the SHPO in writing to request an extension of the term of the permit. This request must be received by the SHPO prior to the expiration date of the permit in order to be considered.

                    (7)     If the excavation is discontinued and cannot be completed as a result of unforeseen circumstances, the permittee shall notify the SHPO in writing to request a cancellation of the permit. Disposition of any human remains and associated funerary objects, material objects or artifacts collected during the excavation conducted under the permit and of copies of all written and photographic records resulting from a discontinued excavation will be determined by the permitting authority.

                    (8)     Failure by a permittee to comply with these and any additional special stipulations set forth in this regulation or on the permit itself shall be considered adequate reason for revocation of a permit and denial of future permits.

                    (9)     If fieldwork is not begun within the permit period, and an extension has not been requested as described above, the permit shall become void at the end of the permit period.

[9-15-89; 4.10.11.9 NMAC - Rn, 4 NMAC 10.11.9, 1/1/08; A, 05/30/2008]

 

4.10.11.10             GUIDELINES FOR EXCAVATION OF HUMAN BURIALS:

                A.            Methodology:

                    (1)     Excavation of human burials will be consistent with current professional archaeological standards.

                    (2)     Specific excavation methods may be stipulated by the permitting authority.

                B.            Records:  The following documents will be prepared whenever a burial is excavated.

                    (1)     archaeological records management system (ARMS) forms for each burial ground, if not previously recorded;

                    (2)     plan maps of each burial and associated funerary objects, material objects or artifacts;

                    (3)     photographs of each burial in situ with associated funerary objects, material objects or artifacts;

                    (4)     description of field methodology, including observations about soils and the context of each burial within the burial ground.

                C.            Analysis of human remains will include but is not limited to:

                    (1)     sex, age, basic measurements;

                    (2)     pathologies;

                    (3)     photodocumentation.

                D.            Analysis of associated funerary objects, material objects, or artifacts will include, but is not limited to:

                    (1)     a written inventory list of all items associated with the burial and removed from the burial ground, to be submitted to the SHPO before final disposition of the remains. The list must be specific in terms of material, typology, quantity and condition of the items recovered (e.g., 2 sherds of a Rio Grande Glaze A bowl, 4 complete projectile points and 1 bone awl).

                    (2)     scaled photographs of all recovered items, to be submitted with written inventory. The photographs should be labeled with the name of the permittee, provenience of the burial (e.g., burial number, site number, county), date of excavation and disposition of items (e.g., reburied on site, curatorial repository).

[9-15-89; 4.10.11.10 NMAC - Rn, 4 NMAC 10.11.10, 1/1/08]

 

4.10.11.11             GUIDELINES FOR IDENTIFICATION AND NOTIFICATION OF LIVING PERSONS WHO MAY BE RELATED TO A BURIAL:

                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.

[9-15-89; 4.10.11.11 NMAC - Rn, 4 NMAC 10.11.11, 1/1/08]

 

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

                A.            SHPO notification:

                    (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.

                B.            Implementation of the disposition plan:

                    (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.

                C.            Review of conditions of disposition plan:

                    (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.

[9-15-89; 4.10.11.12 NMAC - Rn, 4 NMAC 10.11.12, 1/1/08]

 

4.10.11.13             REPORTING GUIDELINES:

                A.            Reporting requirements:

                    (1)     Within 12 months of the completion of fieldwork, all permittees are required to submit 2 copies of a final report on the excavations of a human burial or burial ground conducted under the permit to the SHPO. If, as a result of unforeseen circumstances, the final report cannot be submitted within this period, the permittee shall submit 2 copies of an interim report to the SHPO, giving an estimated completion date for the final report.

                    (2)     Upon acceptance of the final report by the permitting authority, the SHPO shall send written notification to the permittee of the completion of the permit responsibilities. All reports submitted in fulfillment of the permit requirements shall conform to report guidelines set forth in this section. The permittee shall submit 2 copies of the final report on the excavations of human burials or unmarked burial grounds.

                    (3)     If, due to unforeseen circumstances, a permitted excavation is not undertaken, the permittee shall notify the SHPO in writing and request a cancellation of the permit or permit activation notification. This request, which shall contain a statement that no fieldwork was conducted and state the reason for the request, shall be accepted in lieu of the above required report, and the SHPO shall notify the permittee in writing of the cancellation.

                    (4)     Failure by a permittee to submit the required reports in a timely manner or in conformance with current reporting guidelines shall be considered adequate reason for denial of future permits.

                B.            Minimal standards for human burial excavation reports:

                    (1)     Abstract or summary shall provide brief information with regard to who, what, where.

                    (2)     Provenience information:

                              (a)     General project area: Provide a brief verbal description of the location of the burial with reference to township, range, and section (to the 1/4 1/4 section). Ownership of the land should be clearly stated. Surface lessee should be indicated if known.

                              (b)     Map: Include a map of the general area showing major terrain reference points and project location. UTM coordinates may be given for the location of burial excavations. Maps should include a copy of a USGS topographic quadrangle. All maps should include project identification, name of person preparing map, scale and north arrow.

                    (3)     Excavation methodology shall include a description of excavation and recordation techniques. The field personnel should also be identified.

                    (4)     Description of burials:

                              (a)     Physical description: Discuss the nature of the burial, associated remains, relation of the burial to other cultural features in the immediate area. Note any particular characteristics of the human remains and associated funerary objects (e.g., flexed burial oriented to the cast, covered in a woven blanket of hair, with a mano positioned near the feet).

                              (b)     Cultural/temporal affiliations: State and discuss the criteria used to make this determination.

                              (c)     Plan: Depict the positioning of the human remains and associated funerary objects in relation to the burial. This may be accomplished by a sketch map, but should include a north arrow, scale, and key to map symbols.

                              (d)     Inventory: A list of all funerary objects, material objects and artifacts associated with the burial. The inventory list should be accompanied by scaled, labeled photographs of each item.

                              (e)     Photodocumentation: All burials should be photographed and the photos cataloged. The report should explicitly describe where the photographs will be stored. Glossy black and white photographs are preferred.

                              (f)     Analysis summary section: Analysis of human remains and associated funerary objects, material objects and artifacts will be discussed. The results of the analysis will also be presented.

                              (g)     Final disposition: Disposition of the human remains and associated funerary objects, material objects and artifacts will be described. If the human remains are reinterred, the exact location of the reinterment site should appear in the disposition plan but not in the final report. If curated, the location of human remains or funerary objects, material objects or artifacts associated with the burial should be identified in the report (e.g., museum of New Mexico, or artifacts in the possession of a landowner, including address).

[9-15-89; 4.10.11.13 NMAC - Rn, 4 NMAC 10.11.13, 1/1/08]

 

HISTORY OF 4.10.11 NMAC:

Pre-NMAC History:  The material in this part was derived from that previously filed with the commission of public records, state records center and archives under:

HPD Rule 89-1, Regulations for the Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico, filed 9/15/89.

 

History of Repealed Material:  [RESERVED]

 

Other History:  HPD Rule 89-1, Regulations for the Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico (filed 9/15/89) was renumbered, reformatted and replaced by 4 NMAC 10.11, Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico, effective 11/15/97.

4 NMAC 10.11, Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico (filed 11/03/97) renumbered, reformatted and replaced by 4.10.11 NMAC, Issuance of Permits to Excavate Unmarked Human Burials in the State of New Mexico, effective 1/1/08.