N.M. Stat. Ann. § 18-6-5
The primary function of the committee is to review proposals for the preservation of cultural properties. The committee is authorized to take such actions as are reasonable and consistent with law to identify cultural properties and to advise on the protection and preservation of those properties. Among such actions as may be necessary and proper to the fulfillment of these responsibilities, and without being limited hereby, the committee:
M. may encourage and promote public appreciation of New Mexico's historical and cultural heritage by:
History: 1953 Comp., § 4-27-8, enacted by Laws 1969, ch. 223, § 5; 1977, ch. 246, § 35; 1978, ch. 92, § 1; 1980, ch. 151, § 34; 1983, ch. 296, § 17; 1986, ch. 10, § 2.
Cross references. — For credit for preservation of cultural property on individual state income tax return, see 7-2-18.2 NMSA 1978.
For credit for preservation of cultural property on corporate state income tax return, see 7-2A-8.6 NMSA 1978.
No limit on size of listed property. — The Cultural Properties Act (18-6-1 NMSA 1978 et seq.) does not set a limit as to how large a listed property can be. Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006.
Personal notice of the comment period is not required. — Personal notice of the public comment period for the cultural properties review committee’s review of the listing of a property as a registered cultural property under the Cultural Properties Act (18-6-1 NMSA 1978 et seq.) is not required because the action of the committee in listing the property is not an adjudication of individual property rights, but a regulatory rule-making action to effectuate the committee’s statutory powers to identify and preserve the state’s cultural and historic heritage. Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006.
Designation of Mount Taylor as a registered cultural property was lawful. — Where Indian tribes filed a petition with the cultural properties review committee requesting that approximately 400,000 acres of public land on Mount Taylor be listed as a registered cultural property under the Cultural Properties Act (18-6-1 NMSA 1978 et seq.); the land consisted of federal land, state land, and Indian trust and pueblo land; private land was excluded from the listing; the committee published a general notice of the public comment period in two local newspapers, sent press releases to various print and broadcast media, published the nomination on the historic preservation division website, and sent personal notices to persons who expressed an interest in Mount Taylor’s nomination and to property owners identified by petitioners’ research of tax records in three counties; the committee did not send personal notices to owners of mineral estates; eighty percent of the property was owned by federal agencies and the state, both of which had inspection programs; the property made a significant contribution to the broad patterns of New Mexico history in association with persons significant in New Mexico’s past and was integral to tribal community practices; the property’s physical features that historically attracted various cultures had not changed; and after a public hearing, the committee permanently listed the property as a registered cultural property, the listing was lawful because the committee provided sufficient notice of the public comment period to satisfy due process guarantees and the listing conformed to statutory requirements regarding inspection, maintenance and integrity of place. Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006.
Land grant was not state land subject listing as a registered cultural property. — The cultural properties review committee erred when it included the Cebolleta land grant common lands in the listing of approximately 400,000 acres of land on Mount Taylor as a registered cultural property under the Cultural Properties Act (18-6-1 NMSA 1978 et seq.), because the Cebolleta land grant common lands were jointly held property by the heirs of the land gant and were not state lands for purposes of the act. Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006.
Listing did not violate protections against establishment of religion. — Where the cultural properties review committee approved the listing of property on Mount Taylor as a registered cultural property; petitioners claimed that the listing violated the constitutional protections against the establishment of religion, because the integrity criterion for the listing was satisfied by tribal communities’ use of the property for performing pilgrimages and ceremonies; and the evidence established that the property was listed as a historical site to promote historical preservation, not to advance religion, the listing did not foster excessive governmental entanglement in religion, and the listing merely required interagency consultation on acts that might have an adverse effect on the historic site, the listing of the property did not violate the Establishment Clause. Rayellen Res., Inc. v. N.M. Cultural Props. Review Comm., 2014-NMSC-006.
Fort Selden state park. — Where federal money (or other appropriations dependent on such money) is not involved, the legislature intended that the park and recreation commission (now the state park and recreation division of the natural resources department) exercise primary control over the development and operation of Fort Selden state park, with the cultural properties review committee and state planning office (now, with the administrative division of the educational finance and cultural affairs department) offering advisory and consulting assistance. However, where the funds to be utilized are part of a national park service grant or state funds tied to such a grant, the plan is subject to approval by the committee. 1971 Op. Att'y Gen. No. 71-105.
Law reviews. — For note, "Cultural Properties Act — Turley v. State and the New Mexico Cultural Properties Act: A Matter of Interpretation", see 13 N.M.L. Rev. 737 (1983).