TITLE 4 CULTURAL
RESOURCES
CHAPTER 10 CULTURAL PROPERTIES AND HISTORIC
PRESERVATION
PART 17 STANDARDS FOR MONITORING
4.10.17.1 ISSUING AGENCY: Cultural Properties Review Committee.
Contact State Historic Preservation Division, Department of Cultural Affairs.
[4.10.17.1 NMAC - N,
1/01/06]
4.10.17.2 SCOPE: This
rule applies to all public and private entities, including but not limited to,
individuals, corporations, partnerships, trusts, associations, educational
institutions, foundations, museums and any agency of the federal government
conducting or proposing to conduct archaeological investigations on any lands
owned, controlled or operated by the state of New Mexico.
[4.10.17.2 NMAC - N,
1/01/06]
4.10.17.3 STATUTORY AUTHORITY:
Section 18-6-5 (NMSA 1978) of the Cultural Properties Act.
[4.10.17.3 NMAC - N,
1/01/06]
4.10.17.4 DURATION:
Permanent.
[4.10.17.4 NMAC - N,
1/01/06]
4.10.17.5 EFFECTIVE DATE: January 1, 2006, unless a later date is cited at the end of a section.
[4.10.17.5 NMAC - N,
1/01/06]
4.10.17.6 OBJECTIVE: To
establish standards and procedures for monitoring land-disturbing projects that
affect or may affect archaeological sites, cultural properties or areas of
historic and scientific interest on lands owned, controlled or operated by a
department, agency, institution or political subdivision of the state.
[4.10.17.6 NMAC - N,
1/01/06]
4.10.17.7 DEFINITIONS:
A. "Archaeological site” or "site" means a location
where there exists material evidence of the past life and culture of human
beings in the state. A significant
archaeological site typically is 50 or more years old. Examples of
archaeological sites include without limitation campsites, pueblos, homesteads,
artifact scatters, resource procurement or processing areas, agricultural
fields, locales with one or more features in association with other cultural
materials, and locales that have the potential for subsurface features or
cultural deposits.
B. "Areas of historic and scientific interest" means areas lacking surface evidence of
cultural properties but where there is a high probability of finding subsurface
material remains and cultural deposits or areas suitable for geomorphological
or paleoenvironmental study.
C. "Committee" or "CPRC" means the cultural properties review committee,
created pursuant to Section 18-6-9 of the Cultural Properties Act.
D. "Cultural property" or "cultural
resource" means a structure, place, site or object having historic,
archaeological, scientific, architectural or other cultural significance.
E. "Excavation" means displacing, disturbing or moving earth, soil, dirt, other
deposits or material remains from their current contexts or significant
orientation in, or on, the ground within the boundaries of an archaeological
site, isolate or area of historic and scientific interest using hand tools or
mechanical earth-moving equipment.
F. "Historic preservation division" or "HPD" means the division
within the department of cultural affairs created pursuant to Section 18-6-8A
of the Cultural Properties Act.
G. "Human burial" or "unmarked 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.
H. "Isolate” means a single object or artifact or a few artifacts greater than 50
or more years old that lack clear association.
Examples of isolates include a single flake, projectile point, potsherd,
sherds from a single broken pottery vessel, pieces of glass from a single bottle
or a single feature that lacks integrity.
I. "Material remains" means any tangible evidence of past human
life or activities. Such evidence
includes without limitation:
(1)
naturally occurring objects or raw materials extracted for use in the
production of human-made objects or for other uses by humans that can be found
within an archaeological site, or another context from which intended or actual
human use can be reasonably inferred;
(2)
items manufactured or modified by humans, including whole or fragmentary
tools, implements, containers, and other objects such as pottery, ceramics,
basketry, cordage, weavings, textiles, glassware, flaked stone, ground stone,
pecked stone, worked bone, metal, wood, hide, feathers and pigments;
(3)
byproducts, waste products and debris resulting from the manufacture or
use of human-made items or from the human use of natural materials;
(4)
organic material deposited through human actions, organic material
remaining from the decay of perishable objects manufactured or modified by
humans, and organic material deposited through natural processes when found
within an archaeological site including without limitation soil or sediment
samples, botanical and animal remains and coprolites; or
(5)
human remains including without limitation bone, mummified flesh, teeth,
the remains of cremations, any associated artifacts and objects, and the soil,
sediments, or other matrix in which the human skeletal or mummified remains and
associated artifacts and objects were deposited or are now associated.
J. "Monitoring" means the presence of and visual inspection by a supervisory
archaeologist on the ground immediately prior to and during ground-disturbing
actions to ensure site protection, avoidance of site deposits or recovery of
information from newly discovered cultural properties.
K. “Museum of Indian arts and culture-laboratory of
anthropology" or "MIAC"
means the museum division within the department of cultural affairs, museum
of New Mexico, that serves as the repository for archaeological materials and
associated records and documents taken or collected from state land.
L. "New Mexico cultural resource information
system" or "NMCRIS"
means the statewide archaeological and cultural properties database maintained
by archaeological records management section (ARMS) within the historic
preservation division that maintains the database and associated records and
documents pursuant to Section 18-6-7A of the Cultural Properties Act.
M. "Permit" means the written authorization required for all public and private
entities to conduct archaeological investigations of a particular kind, within
a defined geographic location and for a specified period of time, all of which
are specified in the written authorization.
N. "State agency" means a department, agency, institution or
political subdivision of the state.
O. "State archaeologist" means the archaeologist designated pursuant
to Section 18-6-15 of the Cultural Properties Act.
P. "State historic preservation officer" or "SHPO" means the
individual appointed pursuant to Section 18-6-8 of the Cultural Properties Act
and serves as the director of the historic preservation division.
Q. "State land" means property owned, controlled, or operated by a department, agency,
institution or political subdivision of the state. Examples of state land, include but are not
limited to: state trust lands managed by
the commissioner of public lands; New Mexico department of transportation
rights of way and easements; state parks; state monuments; state game and fish
lands; county and municipal property including open space areas, leased lands,
and rights of way; and lands owned or managed by public schools and state
colleges and universities.
[4.10.17.7 NMAC - N,
1/01/06]
4.10.17.8 MONITORING: There are two types of monitoring activities: monitoring to implement site avoidance or
site protection measures, and monitoring of construction activities through an
archaeological site, other cultural property or areas of historic and
scientific interest where there is high probability of finding subsurface
features and cultural deposits. Both
types of monitoring shall be conducted under a permit issued by the CPRC, with
the concurrence of the state archaeologist and SHPO, authorizing monitoring
activities.
A. General permits. Monitoring
may be conducted under a general permit when applicants propose to:
(1) supervise implementation of site avoidance
or protection measures pursuant to 4.10.17.10 NMAC and authorized pursuant to
4.10.8 NMAC; or
(2) oversee land-disturbing projects when a
monitoring plan is prepared in conformance with 4.10.17.11 NMAC and authorized
pursuant to 4.10.8 NMAC.
B. Project-specific permits.
Monitoring may be conducted under a project-specific permit when a
monitoring plan is prepared in conformance with 4.10.17.11 NMAC and authorized
pursuant to 4.10.8 NMAC.
[4.10.17.8 NMAC - N,
1/01/06]
4.10.17.9 PERSONNEL REQUIREMENTS:
A. The SHPO shall maintain a directory of qualified
supervisory personnel including but not limited to archaeologists who act in
the capacity of principal investigator, project director, field supervisor and
crew chief (4.10.8 NMAC).
B. All monitoring activities on state land shall be
performed by an archeologist listed in the SHPO directory. This individual shall be on site and
physically present on the ground immediately prior to and during all surface-disturbing
actions to ensure site protection, avoidance of site deposits, identification
of new cultural deposits and features or recovery of information from newly
discovered cultural properties.
[4.10.17.9 NMAC - N,
1/01/06]
4.10.17.10 MONITORING FOR SITE AVOIDANCE OR
PROTECTION:
A. The
state agency determines when monitoring is needed to supervise implementation
of site avoidance or protection measures.
(1) The state agency may reach this
determination in discussion with the SHPO or as part of consultation with the
SHPO pursuant to Section 18-6-8.1 of the Cultural Properties Act NMSA 1978,
Section 18-4-7 of the Prehistoric and Historic Sites Preservation Act NMSA
1978, Section 18-6A-5 of the Cultural Properties Protection Act NMSA 1978, or
Section 106 of the National Historic Preservation Act of 1966 as amended (16
USC 470f).
(2) The permittee may provide a written
request to the state agency to conduct monitoring. The request shall state for whom the monitoring
is proposed, why the monitoring is necessary, where the project is located, a
list of archaeological sites, other cultural properties or areas of historic
and scientific interest to be protected, the method of protection and the
expected date(s) for the monitoring. If
the state agency is the project sponsor or has directed the permittee to
conduct the work, no written request of the agency is required. If the state agency does not have an
archaeologist on staff, the permittee shall submit the request to HPD with a
letter from the state agency approving consideration of the request.
(3) All monitoring activities require the
approval of the state agency or HPD if the state agency does not have an
archaeologist on staff prior to initiating the activity.
B. Report. Document the results of the monitoring and
submit the report to the state agency for review and comment pursuant to
4.10.8.18 NMAC. Letter reports are
prohibited. Submit the following
information as a report:
(1) a NMCRIS investigation abstract including
the block for monitoring;
(2) append a copy of a USGS 7.5-minute
(1:24,000) USGS topographic quadrangle map with the locations of all
archaeological sites, other cultural properties and areas of historic and
scientific interest that were monitored during the project; and
(3) append an updated laboratory of
anthropology (LA) archaeological site record or a new LA archaeological site
record pursuant to 4.10.15 NMAC if new features, material remains or other
cultural resources are exposed or noted during the monitoring; additional forms
may be used at the discretion of the permittee.
[4.10.17.10 NMAC -
N, 1/01/06]
4.10.17.11 MONITORING
OF ARCHAEOLOGICAL SITES AND AREAS OF HISTORIC AND SCIENTIFIC INTEREST:
A. Purpose. When the purpose of the monitoring is to
observe ground-disturbing activities through an archaeological site, cultural
property or in an area of historic and scientific interest, the permittee shall
develop a monitoring plan to guide the steps to be taken in the event features
and cultural deposits are exposed by the construction activities. The plan shall detail the proposed field
studies to document the discovery and assess its integrity and information
potential. The plan shall also discuss
proposed data recovery measures, including but not limited to, excavation of
exposed features and associated deposits, collection of material remains, field
and laboratory analyses, and preparation of a report on the findings.
B. Monitoring plan. The level of detail shall be proportionate to
the scale of the project and shall be executed in conformance with the
excavation standards in 4.10.16 NMAC. At
a minimum, the monitoring plan shall include the following components listed
below.
(1) Include a statement of the purpose for the
monitoring project.
(2) Discuss the general project location,
project sponsor or client and land owners.
(3) Prepare a project map with the location of
all archaeological sites, other cultural properties or limits of areas of
historic and scientific interest; include land ownership boundaries if more
than one owner, north arrow (true or magnetic north), name of USGS 7.5-minute
(1:24,000) quadrangle and key to map symbols; identify archaeological sites by
LA site number.
(4) Provide a succinct discussion of each site
or area to be monitored, noting the types of features, distribution of material
remains, and the site's immediate environmental setting as it informs on the
proposed monitoring activity.
(5) Explain the overall strategy to document
discoveries and recover information.
Discuss procedures to:
(a) identify and record features and cultural
deposits;
(b) excavate features and associated deposits,
including the size of excavations units, screen size and use of arbitrary or
natural levels;
(c) collect artifacts and samples for
laboratory analysis;
(d) recording system, including examples of
forms if not on file with HPD;
(e) provisions to be followed if human burials
are exposed pursuant to 4.10.11 NMAC;
(f) backfill and stabilize the site; and
(g) process and analyze artifacts and
specimens.
(6) Schedule. Explain the expected time frame to implement
the field, analysis and reporting phases of the project.
(7) Personnel. Identify all supervisory personnel and
analysts who will perform the fieldwork, laboratory analyses and prepare the
report. Include subcontractors if any
and off-site laboratories for specialized analyses. If specific personnel or subcontractors have
not been identified for all activities, provide a list of personnel or
subcontractors who may be retained, or list the minimum qualifications of the
personnel that will be retained.
(8) Curation. Identify the proposed repository; if the
repository will not be the MIAC, provide justification pursuant to 4.10.8 NMAC.
(9) References cited.
(10) Appendices as needed.
[4.10.17.11 NMAC -
N, 1/01/06]
4.10.17.12 STANDARDS FOR MONITORING REPORTS
UNDER A PLAN: Prepare a monitoring report consistent with
the standards in this section for review by the state agency and HPD for all
monitoring projects conducted under an approved monitoring plan.
A. Preliminary report.
A preliminary report
may be prepared when requested by the state agency or if specified in the
monitoring plan. At a minimum, include
the following information.
(1) Brief description of the project. Identify project location, the NMCRIS number,
LA site numbers for monitored sites, state agency and project sponsor, list of
project personnel, dates of fieldwork and the state permit number.
(2) Project map. Show land ownership boundaries, project area
boundaries, boundaries of all tested or excavated sites, north arrow (true or
magnetic), name of source USGS 7.5 minute (1:24,000) quadrangle map and key to
map symbols.
(3) Monitoring activities. Discuss activities performed at each site
and the condition of site at the conclusion of tests or excavations. Information may be summarized in a table.
(4) Site map. Include a scaled site map for each site with
site boundaries, property ownership boundaries, site datum, location of all
collection units, point-provenienced artifacts, hand excavation units, auger
holes, shovel tests and units excavated with mechanical earth-moving equipment.
(5) Changes in the plan. Identify departures from the approved
monitoring plan. Explain substantial
differences between the work proposed and the work that was performed in the
field. Identify and explain any changes
in proposed analysis strategy.
(6) Final report schedule. Indicate the proposed date when the final
report will be submitted to the state agency if it differs from the schedule
approved in the monitoring plan.
B. Final Report. The length of the discussion shall be
appropriate to the complexity and scale of the project. State agencies may have additional report
requirements. Include the following information
listed below.
(1) Title page.
(2) Project description and background. Provide a brief description of the project,
identifying project location, purpose of the monitoring, LA archaeological site
record numbers for the monitored sites, state agency, project sponsor, list of
project personnel, dates of fieldwork, and the state permit number.
(3) Field methods. Discuss methods implemented during the
monitoring project. Identify and explain
any substantial differences between the work proposed in the monitoring plan
and the work performed in the field.
Discuss the results of the monitoring.
(4) Site descriptions. Provide a brief
description of each site monitored, any new sites discovered and results of
monitoring.
(5) Analyses. Describe and discuss analyses performed
on material remains recovered from each site and the condition of site at
conclusion of monitoring. Information
may be summarized in a table. Include a
scaled site map with site boundaries, property ownership boundaries, site datum
and location of all areas investigated.
(6) Summary and recommendations. Evaluate the effectiveness of the monitoring
program and make recommendations regarding future work, protection measures or
other management needs.
(7) References cited.
(8) Appendices. At a minimum, provide:
(a) a list of collected artifacts and
specimens;
(b) reports from laboratories and consultants;
(c) a map of site locations. Mark as confidential all pages that discuss
or depict exact locations of archaeological sites pursuant to Section 18-6-11.1
NMSA 1978.
(9) Attachments.
(a) Submit updated LA archaeological site
records for each site consistent with the standards in 4.10.15 NMAC. A site
plan map and a reproduction of a 7.5-minute USGS map showing the site
location(s) shall be attached to each LA site form. Include any other site-specific records
generated, such as artifact analysis forms.
If coded analysis forms are attached, place a copy of the code key with
every site form.
(b) Oversize maps and plans. Attach oversize (greater than 11x17 inches)
maps and plans of individual sites to the report, not to the LA site
record. Oversize project maps should be
attached as appendices and not attached to the body of the report.
(c) Other location materials. Attach engineering plan maps, aerial
photographs and other non-standards source graphics to the report.
(10) Photographic materials. Do not append photographs to site forms or
report. All archivally packaged
photographic materials and photographic logs shall be submitted to the approved
curatorial facility consistent with the standards for that repository pursuant
to 4.10.8.19 NMAC.
C. Report review. The report shall be reviewed
in conformance with 4.10.8.18 NMAC. If
collections were made during monitoring, the permittee shall curate the
collections in accordance with the procedures outlined in 4.10.8.18 NMAC.
[4.10.17.12 NMAC -
N, 1/01/06]
4.10.17.13 POPULAR REPORTS. A popular report is not required under this rule, but the permittee
should consider writing a short popular summary suitable for distribution in a
newspaper, newsletter or magazine. The
purpose of the report is to provide information to the interested general
public about the state's heritage and contributions from on-going research and
studies on state land. The public
disclosure of the location of archaeological sites on state and private lands
is prohibited by Section 18-6-11.1 NMSA 1978.
The public disclosure of the location of archaeological sites on federal
lands is prohibited by 36 CFR 296.18.
The report may be brief, approximately 250 to 500 words in length. Longer articles or other types of public
education and outreach approaches may be used if proposed in the monitoring
plan. Include photographs or graphs as
appropriate. The popular report shall be
submitted to the state agency with the final monitoring report.
[4.10.17.13 NMAC -
N, 1/01/06]
4.10.17.14 UNANTICIPATED DISCOVERIES. In
the event the permittee encounters discoveries not anticipated by the
monitoring plan, all construction in the vicinity of the discovery shall cease,
the discovery protected and a buffer of at least 50 feet established around the
discovery. The permittee shall notify
the state agency and HPD within 24 hours of the discovery. The permittee, state agency and HPD shall
discuss appropriate procedures to respond to the discovery within two working
days. The permittee shall implement the agreed
upon procedures.
[4.10.17.14 NMAC -
N, 1/01/06]
4.10.17.15 DEVIATIONS: The CPRC, SHPO and state archaeologist reserve the right to waive or
deviate from this rule or any parts of this rule under circumstances deemed
necessary by the CPRC, SHPO and state archaeologist. Any waiver or deviance from this rule shall
occur while maintaining the spirit, intent and objective of this rule and the
Cultural Properties Act.
[4.10.17.15 NMAC -
N, 1/01/06]
HISTORY OF 4.10.17 NMAC: [RESERVED]