1. A. The CLG shall submit a report to the HPD regarding the eligibility of each cultural property or district proposed for nomination to the national register within its jurisdiction. This report shall include the recommendation of the historic preservation review commission and the chief elected local official.
2. B. The report may be as simple as an affirmation that the cultural property is eligible or as lengthy as a researched report stating why the property should or should not be nominated. The report should concentrate on the property’s eligibility under the national register criteria. If it is felt that the property is not eligible, adequate reasons must be given based on national register criteria.
3. C. Failure to submit reports on the eligibility of cultural properties nominated within the jurisdiction of the CLG after the HPD has informed the CLG of a pending nomination will be considered during the annual performance evaluation.

4. D. The CLG will be involved in the national register process.

   (1) In accordance with 36 CFR 61, the HPD will forward a copy of completed national register nominations to the CLG for all properties located in that CLG’s jurisdiction within 30 calendar days of receipt unless the CLG itself has initiated the nomination. If the CLG intiates its own nomination(s), it shall provide the completed nomination to the HPD within 30 calendar days of receipt.

   (2) After reasonable opportunity for public comment and within 60 calendar days of receipt of the nomination, the CLG shall inform the HPD and the property owner(s) as to its opinion regarding the eligibility of the property. If the historic preservation review commission and the chief elected local official do not agree, both opinions shall be forwarded to the CPRC. If the SHPO does not receive a recommendation within 60 calendar days, the HPD shall continue the nomination process.

   (3) If both the commission and the chief elected local official, or their designated representative, recommend that a property not be nominated, the HPD will so inform the property owner(s) and the CPRC and the property will not be nominated unless an appeal is filed with the SHPO under the regulations established for the appeals process, as outlined in the National Historic Preservation Act.

   (4) If either or both the commission and the chief elected local official, or their designated representative, agree that the property should be nominated, the nomination will be scheduled for review by the CPRC. The opinion or opinions of the commission and the chief elected local official, or their designated representative, will be presented to the CPRC for their consideration.

   (5) The CPRC, after considering all opinions, shall make its recommendation to the SHPO. If the property is determined to be eligble, the SHPO shall forward the nomination to the keeper of the national register; if the property is determined to not be eligible, the SHPO shall return the nomination to the CLG and the owner(s). Either the commission or the chief elected local official, or their designated representative, may appeal the final SHPO decision under the aforementioned appeals procedure.

   (6) CLGs shall participate in review and approval of national register nominations whether or not they elect to apply for grants from the historic preservation fund.

[4.10.10.15 NMAC - Rp, 4 NMAC 10.10.15, 1/1/08]