STATE AND TRIBAL LAWS AND REGULATIONS
(as of February 2005)
Date Enacted: 1989
Summary: The law protects unmarked human burials including artifacts and human remains. Permit requirement for excavation of unmarked burials and penalties were added to the statute in 1989. Upon discovery human remains, the disturbing activity ceases and the local law enforcement agency is notified, who then notifies the medical examiner and State Historic Preservation Officer. Permits to excavate the unmarked human burial are issued by the Cultural Properties Review Committee within 60 days of application. The application must include plans for disposition or reinterment of the human remains and objects. Permits for excavation of human burials discovered during construction or land modification will be issued by the committee in consultation with the State Archaeologist and SHPO. Permits will also be issued on an annual basis to professional archaeological consultants and organizations. When the committee requires as a condition of the permit any object or artifact associated with a human burial be reinterred or disposed of, that burial will become the property of the person owning the land on which the artifacts or remains are discovered. It is a 4 th Degree felony to knowingly, willingly or intentionally excavate, remove, disturb or destroy, without a permit, any human burial on state or private property. Fines will not exceed $5,000 or imprisonment for 18 months or both. The offender will forfeit all objects, artifacts and human remains to the state.
Online State Law Source: http://www.conwaygreene.com/NewMexico.htm
Permitting: Permits issued by the Cultural Properties Review Committee.
Penalties:
Review/Consultation Committee: State Archaeologist and State Historic Preservation Officer must consult with the Cultural Properties Review Committee.
Indian Affairs Office/Department:
Tribal Websites:
Resources: Permits Required for Excavation of Unmarked Burials (NM Stat. Ann. §18-6-1 through 18-6-17); Sentencing (NM Stat. Ann. §31-18-15, §31-19-1), Siezure of Property (NM Stat. Ann. §31-27-4), Cultural Properties Protection (NM Stat. Ann. §18-6A), Prehistoric and Historic Sites Preservatioon (NM Stat. Ann. §18-8), Endowed Care Cemetery Act (NM Stat. Ann. §30-12-12 Criminal Codes, NM Stat. Ann. §58-17-1), Unmarked Human Burial Excavatin Permits, Historic Preservation Division's regulation 4.10.11, Issuance of Permits to Excavate Unmarked Human Burials.
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