The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. When a proposed project, such as the construction of a new residential development in Santa Fe County, might affect a property listed on the New Mexico Register of Cultural Properties or a property of potential significance, the act mandates specific procedures. The State Historic Preservation Officer (SHPO) plays a central role in this process. The act requires that any state agency, political subdivision, or grantee undertaking a project that could affect a cultural property must notify the SHPO. This notification allows the SHPO to assess the potential impact. Following notification, the SHPO has a period, typically 30 days, to review the project and determine if it will adversely affect the cultural property. If an adverse effect is determined, the SHPO must consult with the agency or entity undertaking the project to develop mitigation measures. These measures could include project redesign, archaeological data recovery, or other actions aimed at minimizing or compensating for the loss or damage to the cultural property. The Act emphasizes a collaborative approach to ensure that development proceeds in a manner that respects and preserves New Mexico’s unique heritage. The key principle is that the state, through the SHPO, has an affirmative duty to protect these irreplaceable resources.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key component of this act is the designation of properties as “cultural properties” or “landmarks,” which then subjects them to certain review processes and restrictions to prevent adverse effects. When a proposed project, such as the construction of a new highway bypass near Santa Fe, is determined by the State Historic Preservation Officer (SHPO) to potentially affect a property listed on the New Mexico Register of Cultural Properties, or a property deemed eligible for such listing, a formal consultation process is triggered. This process is designed to assess the nature and extent of the potential impact and to develop mitigation strategies if necessary. The Act requires that the SHPO be notified of any proposed undertaking that might affect a cultural property. Following notification, the SHPO undertakes an assessment. If the SHPO determines that there is a potential for adverse effect, consultation ensues with the entity proposing the undertaking and potentially other interested parties, including the property owner and relevant tribal governments if applicable. The goal of this consultation is to find alternatives or mitigation measures that minimize or avoid harm to the cultural property. The Act does not mandate an automatic halt to all undertakings but rather initiates a structured process of review and consultation to balance development needs with preservation goals. Therefore, the SHPO’s determination of potential adverse effect initiates the mandatory consultation process under the Act, which may lead to modifications in the undertaking or the implementation of specific preservation treatments.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key aspect of this act involves the process for nominating and designating properties as state cultural properties. When a private landowner voluntarily agrees to place their property on the state register, they are essentially entering into an agreement that often involves certain stipulations regarding future use and development to ensure the preservation of the property’s cultural significance. This voluntary designation does not inherently grant the state the power to unilaterally impose development restrictions beyond what was mutually agreed upon or what is stipulated in the designation agreement itself. Instead, it relies on the landowner’s commitment and the legal framework of the agreement. The act does provide mechanisms for the state to acquire properties or enter into covenants for their preservation, but these are distinct from the direct imposition of development controls solely based on a voluntary registration. Therefore, the state’s ability to dictate specific construction materials or setback requirements on a voluntarily registered private property is contingent upon the terms of the agreement or specific covenants established during the designation process, rather than an automatic consequence of registration.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key component of this act is the designation process for properties deemed significant. When a property is proposed for designation as a state cultural property, the State Historic Preservation Officer (SHPO) must undertake a thorough review. This review involves consulting with relevant experts, landowners, and potentially affected parties. The Act mandates that the SHPO consider the property’s historical, architectural, archaeological, or cultural significance. If the SHPO determines that the property meets the criteria for designation, a formal recommendation is made to the State Review Board. The State Review Board then conducts its own evaluation, which may include a public hearing. Following the Board’s recommendation, the final decision rests with the Governor. The Act also outlines procedures for the notification of property owners and the opportunity for them to present their views. The designation process is designed to be deliberative, ensuring that only properties with demonstrable cultural heritage value are formally recognized and afforded the protections outlined in the Act. This process is distinct from emergency protective measures, which are invoked when a property faces immediate threat of destruction and bypasses some of the standard consultation steps due to the urgency. The question probes the procedural steps following the SHPO’s initial determination of significance, leading to formal designation. The correct sequence involves the SHPO’s recommendation to the State Review Board, followed by the Board’s review and subsequent recommendation to the Governor for final approval.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes a framework for the identification, preservation, and protection of cultural properties within the state. This act grants the State Historic Preservation Officer (SHPO) significant authority in overseeing these matters. When a proposed undertaking by a state agency or political subdivision might affect a cultural property that is listed on the state register or is eligible for listing, the agency or subdivision must consult with the SHPO. The process outlined in the act and its implementing regulations (15.4 NMAC 12) requires a formal consultation process to determine adverse effects and to develop mitigation strategies if necessary. The act emphasizes the importance of balancing development with the preservation of New Mexico’s rich heritage. The consultation requirement is triggered by the potential for an undertaking to impact a property of cultural significance, irrespective of whether that property is already formally designated or simply possesses the qualities that would make it eligible for such designation. This proactive approach ensures that potential impacts are addressed before they occur. The SHPO’s role is central to this process, serving as the primary authority for evaluating potential impacts and guiding mitigation efforts in accordance with state law and federal standards, such as those under the National Historic Preservation Act, which often informs state-level procedures. The consultation process is designed to be collaborative, involving the agency, the SHPO, and often other stakeholders, including property owners and potentially tribal governments if the property has cultural significance to them.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes the framework for identifying, protecting, and preserving cultural properties within the state. A key component of this act involves the process of nominating and designating properties for inclusion on the New Mexico Register of Cultural Properties. When a property is nominated, the Cultural Properties Review Committee, established under the Act, undertakes a review. This review involves evaluating the property against specific criteria, which are outlined in the statute and further detailed in administrative rules. These criteria generally assess the property’s significance in history, architecture, archaeology, or culture, and its association with events or persons significant to the state or nation. The Act also mandates a notification process for property owners and provides for public comment. If the Committee approves the nomination, the property is officially added to the Register. This designation confers certain protections, including requirements for review of proposed state or local government actions that might affect the property. The Act emphasizes the importance of consultation and cooperation between state agencies, local governments, and private property owners to ensure effective preservation. The correct designation under the New Mexico Cultural Properties Act is the New Mexico Register of Cultural Properties.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes the framework for identifying, protecting, and preserving cultural properties within the state. A key component of this act is the process by which properties are designated as State Cultural Properties. This designation is not automatic but requires a formal application and review process. The State Historic Preservation Officer (SHPO) plays a crucial role in this process, recommending properties for inclusion on the State Register of Cultural Properties. However, the ultimate authority for designating a property as a State Cultural Property rests with the State Cultural Properties Review Committee. This committee, comprised of individuals with expertise in history, archaeology, architecture, and other relevant fields, reviews the SHPO’s recommendations and makes the final determination. The Act also outlines provisions for the protection of these designated properties, including requirements for review of proposed actions that may affect them, particularly those undertaken by state agencies or involving state funding. Understanding the specific roles and authorities of these bodies is essential for navigating the preservation landscape in New Mexico. The process emphasizes a collaborative approach involving state agencies, expert committees, and property owners to ensure effective stewardship of the state’s rich heritage.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., outlines the process for the designation and protection of cultural properties. When a proposed action, such as the development of a new commercial complex, might affect a property listed on the New Mexico State Register of Cultural Properties, the Cultural Properties Review Committee (CPRC) plays a pivotal role. The Act mandates that any state agency or political subdivision proposing an undertaking that may affect a registered cultural property must consult with the State Historic Preservation Officer (SHPO). The SHPO, in turn, reviews the proposal and may require mitigation measures if adverse effects are anticipated. If the undertaking is deemed to have an adverse effect, the SHPO will consult with the CPRC. The CPRC’s authority is primarily advisory in nature regarding the specific mitigation strategies, but its recommendations carry significant weight in the decision-making process for the undertaking. The Act does not grant the CPRC the power to unilaterally halt or approve projects, but rather to advise on the best course of action to preserve the integrity of the cultural property. Therefore, in this scenario, the CPRC would advise on the appropriate measures to mitigate potential adverse impacts.

The New Mexico Cultural Properties Act, specifically NMSA 1978, Section 63-5-5, outlines the process for designating a property as a state cultural property. This section mandates that the State Historic Preservation Officer (SHPO) must conduct a thorough review of any nomination. The review involves assessing the property’s historical, architectural, archaeological, or cultural significance. Following the SHPO’s review, the nomination must be presented to the Cultural Properties Review Committee. This committee, composed of experts in relevant fields, then makes a recommendation to the Governor. The Governor holds the ultimate authority to approve or deny the designation. Therefore, the process involves the SHPO’s recommendation, the Committee’s review and recommendation, and the Governor’s final decision. The question asks about the entity that makes the final determination regarding the designation of a state cultural property. Based on the statutory framework, this authority rests with the Governor.

The New Mexico Cultural Properties Act, specifically Section 18-6-10 NMSA 1978, outlines the process for nominating and designating cultural properties. When a property is nominated, the State Historic Preservation Officer (SHPO) conducts an initial review. If the SHPO determines the property may meet the criteria for designation, they are required to notify the owner and provide an opportunity for a hearing. Following this, if the SHPO recommends designation, the nomination is forwarded to the Cultural Properties Review Committee. This committee then reviews the nomination and, if they approve, forwards their recommendation to the Governor. The Governor makes the final decision on whether to designate the property. Therefore, the Governor is the ultimate authority for designating a cultural property under this act, following recommendations from the SHPO and the Committee. The initial notification and hearing opportunity are procedural steps that do not confer final designation authority.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., provides the framework for identifying, protecting, and preserving cultural properties within the state. A key component of this act involves the designation process for properties of local significance. When a local governing body, such as a municipality or county, wishes to designate a property as having local cultural significance, it must follow specific procedures outlined in the Act and its implementing regulations. This process typically involves public notice, a public hearing, and a formal resolution or ordinance by the local governing body. The purpose of this designation is to afford a level of protection and recognition to properties that contribute to the unique historical and cultural identity of that locality, even if they do not meet the criteria for state or national register listing. The Act empowers local entities to act as stewards of their own heritage. The question revolves around the correct procedural step a local government must undertake to formally recognize a property for its local cultural significance under this state law. The correct procedural step involves the local governing body formally adopting a resolution or ordinance after due public process, thereby establishing the property’s local designation.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes the framework for identifying, protecting, and preserving cultural properties within the state. The Act mandates the establishment of a State Register of Cultural Properties and a Historic Preservation Division within the Department of Cultural Affairs. The process for nominating a property to the State Register involves several steps, including a determination of eligibility by the Historic Preservation Officer. This determination is based on specific criteria outlined in the Act and its implementing regulations, which assess the property’s significance in history, architecture, archaeology, or culture. For a property to be considered for nomination, it must meet these established criteria, demonstrating its association with events or persons significant to the broad patterns of New Mexico’s history, or possess distinctive characteristics of a type, period, or method of construction, or represent the work of a master, or possess high artistic values, or represent a significant and distinguishable entity whose components may lack individual distinction. Once nominated, a public notice and comment period is required before the State Historic Preservation Officer makes a final decision on its inclusion in the State Register. This process ensures that only properties with demonstrable cultural or historical significance are officially recognized and afforded the protections afforded by the Act.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., and its implementing regulations, establish a framework for identifying, protecting, and preserving cultural properties within the state. When a proposed project, such as the development of a new commercial complex in Santa Fe, potentially impacts a property listed or eligible for listing on the New Mexico Register of Cultural Properties, a review process is mandated. This review is typically conducted by the Historic Preservation Division of the Department of Cultural Affairs. The Act requires that any state agency, political subdivision, or person undertaking an undertaking that affects a cultural property must notify the State Historic Preservation Officer (SHPO). The SHPO then evaluates the potential impact. If the undertaking is found to have an adverse effect on the cultural property, mitigation measures are required. These measures can include various strategies to minimize, rectify, or compensate for the harm. For instance, if a significant archaeological site is discovered during excavation, the developer might be required to conduct further archaeological investigation, data recovery, or to alter the project design to avoid the site entirely. The specific requirements and the scope of mitigation are determined through consultation between the developer, the SHPO, and potentially other stakeholders, including tribal governments if the property has significance to Native American tribes. The ultimate goal is to balance development needs with the imperative to safeguard New Mexico’s unique heritage.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., outlines the framework for identifying, preserving, and protecting cultural properties within the state. The Act establishes the State Historic Preservation Officer (SHPO) and the Cultural Properties Review Committee. When a proposed undertaking by a state agency or a political subdivision of the state might affect a registered cultural property or a property eligible for registration, the agency or subdivision must notify the SHPO. The SHPO then initiates a review process to assess the potential impact. This review involves consultation with the agency, the property owner, and potentially other stakeholders. The goal is to determine if the undertaking will adversely affect the integrity of the cultural property. Adverse effects can include demolition, alteration, relocation, or anything that diminishes the property’s historical, architectural, archaeological, or cultural significance. If an adverse effect is determined, the agency must consult with the SHPO to explore alternatives or mitigation measures that would avoid or minimize the harm. The Act emphasizes a collaborative approach to ensure that development and preservation goals can be reconciled. The authority to ultimately approve or deny an undertaking based on cultural heritage impact rests with the agency undertaking the project, but only after proper consultation and adherence to the SHPO’s recommendations and the Act’s provisions. The Cultural Properties Review Committee plays a role in advising the SHPO and making recommendations regarding the eligibility and registration of properties. The process is designed to balance the needs of development with the imperative to safeguard New Mexico’s unique heritage.

The New Mexico Cultural Properties Act, specifically NMSA 1978, Section 9-11-7, outlines the process for designating properties as cultural properties. This section details the criteria that must be met, including the property’s association with events that have made a significant contribution to the broad patterns of history, or its possession of distinctive characteristics of a type, period, or method of construction, or its representation of the work of a master, or its possession of a high artistic value, or its representation of a significant and distinguishable entity whose components may lack individual distinction. Furthermore, it specifies the role of the State Historic Preservation Officer (SHPO) in reviewing nominations and making recommendations to the Cultural Properties Review Committee. The Act also mandates public notification and opportunities for comment from property owners and the public before a final designation decision is made. The process is designed to balance preservation goals with private property rights and community input. The question probes the core of this statutory framework by asking about the foundational elements required for a property to be considered for official cultural property designation under New Mexico law.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., provides the framework for identifying, protecting, and preserving cultural properties within the state. When a proposed undertaking, such as the construction of a new highway by the New Mexico Department of Transportation (NMDOT), has the potential to affect a significant cultural property, the Act mandates a process for consultation and mitigation. The State Historic Preservation Officer (SHPO) plays a central role in this process, advising on the significance of the property and recommending measures to minimize adverse effects. If the SHPO determines that the property is significant, and the undertaking will result in an adverse effect, mitigation measures are required. These measures can include detailed recording, salvage excavation, or relocation of the property, depending on its nature and significance. The determination of “adverse effect” under the Act involves considering factors such as destruction, alteration, or disturbance of the property’s integrity of location, design, setting, materials, workmanship, feeling, and association. The ultimate goal is to balance development needs with the imperative of preserving New Mexico’s unique cultural heritage.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes the framework for identifying, protecting, and preserving cultural properties within the state. A key component of this act is the process for nominating and designating properties to the New Mexico Register of Cultural Properties. When a private property owner objects to the designation of their property, the Act outlines a specific procedure. NMSA 1978, § 18-6-8 addresses this situation, stating that if the owner of a property nominated for inclusion in the Register objects in writing to the State Historic Preservation Officer within a specified timeframe, the property cannot be listed unless it is later determined to be of exceptional significance. The concept of “exceptional significance” is crucial here, as it provides a higher threshold for designation in cases of owner objection. The State Historic Preservation Officer, in consultation with the Cultural Properties Review Committee, must then make this determination. The Act does not mandate a judicial review process solely based on the owner’s objection; rather, the administrative determination of exceptional significance is the mechanism. Therefore, the correct response centers on the State Historic Preservation Officer’s authority to proceed with designation if exceptional significance is established despite the owner’s objection.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-10, outlines the process for the State Historic Preservation Officer (SHPO) to review proposed undertakings that may affect cultural properties. When a proposed project, such as the construction of a new visitor center near a known archaeological site in Santa Fe, New Mexico, is submitted for review, the SHPO has a statutory timeframe to respond. This timeframe is crucial for ensuring that potential impacts are assessed and mitigation measures, if necessary, are implemented. The Act generally mandates a period of thirty days for the SHPO to review the submitted information and make a preliminary determination. If the SHPO determines that the undertaking may affect a cultural property, further consultation and potentially more detailed archaeological surveys or impact assessments are required. This initial thirty-day period allows for a preliminary assessment of whether the project falls within the purview of the Act and necessitates further scrutiny under its provisions. The subsequent steps, if any, would depend on the findings of this initial review and the nature of the potential impact on the identified cultural property.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., outlines the state’s framework for identifying, protecting, and preserving cultural properties. This act establishes the State Historic Preservation Officer (SHPO) and the Cultural Properties Review Committee, detailing their roles in the designation and management of significant sites. When a proposed undertaking, such as construction or development, may affect a cultural property listed on the State Register of Cultural Properties or eligible for such listing, the process involves consultation. The law mandates that agencies undertaking such projects must notify the SHPO and, if the property is on state or local land, consult with the relevant governing body. The primary goal is to avoid or mitigate adverse effects on the cultural property. In situations where a proposed project on private land might impact a cultural property of statewide significance, the Act encourages cooperation and consultation but does not grant the state the same level of regulatory authority as it does for properties on public land. The specific trigger for mandatory consultation and potential mitigation on private land hinges on the property’s inclusion in the State Register or its clear eligibility and the nature of the proposed undertaking’s impact. The Act prioritizes avoiding direct physical destruction or alteration.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., governs the identification, protection, and preservation of cultural properties within the state. This act establishes the State Historic Preservation Officer (SHPO) and the Cultural Properties Review Committee. When a proposed undertaking by a state agency or political subdivision of the state might affect a cultural property listed on the New Mexico Register of Cultural Properties or eligible for such listing, the agency must consult with the SHPO. The consultation process aims to identify potential adverse effects and develop mitigation strategies. If an undertaking is found to have a significant adverse effect, the agency must consider alternatives that would avoid or minimize the impact. The Act prioritizes the preservation of properties that have statewide significance. The consultation process is crucial for ensuring that state-sponsored projects are harmonized with heritage preservation goals. The SHPO’s role is advisory, but their recommendations carry significant weight in the decision-making process for state-level projects impacting cultural resources.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key component of this act is the process for nominating and designating properties as State Register of Cultural Properties. The act outlines the criteria and procedures for such nominations. For a property to be considered for inclusion on the State Register, it must possess significance in the history, architecture, archaeology, or culture of New Mexico. This significance is assessed through a review process that involves the State Historic Preservation Officer (SHPO) and potentially the Cultural Properties Review Committee. The act also addresses the responsibilities of property owners concerning designated cultural properties, including notification requirements for proposed alterations or demolition. The core of the question lies in understanding the jurisdictional reach of the Cultural Properties Act concerning properties not owned by the state or its political subdivisions, but which are nonetheless subject to its provisions due to their cultural significance and the state’s interest in preservation. The act’s authority extends to private properties when their cultural value is recognized and potentially threatened, necessitating a balance between private property rights and the public interest in heritage preservation. The question tests the understanding of this balance and the specific mechanisms within the act that allow for state oversight of private cultural properties.

The New Mexico Cultural Properties Act, specifically NMSA 1978, Section 9-11-1 et seq., and its associated regulations, govern the identification, protection, and preservation of cultural properties within the state. When a proposed undertaking by a state agency or a political subdivision of the state may affect a cultural property listed on the New Mexico Register of Cultural Properties, or a property that meets the criteria for listing, the agency or subdivision must consult with the State Historic Preservation Officer (SHPO). This consultation process is crucial for ensuring that potential impacts are mitigated or avoided. The Act mandates a review process that often involves assessing the significance of the property and the nature of the proposed undertaking. If the undertaking is determined to have an adverse effect on the cultural property, further steps, including the development of a mitigation plan, may be required. The ultimate goal is to balance development needs with the imperative to preserve New Mexico’s unique cultural and historical resources. This process aligns with the broader federal framework, such as Section 106 of the National Historic Preservation Act, but is specifically tailored to New Mexico’s legal and cultural context.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., provides the framework for identifying, protecting, and preserving cultural properties within the state. When a proposed project, such as the construction of a new research facility by the fictional “Aperture Science” near Santa Fe, potentially impacts a property listed on the state register of cultural properties, or a property that may qualify for such listing, specific procedural steps are mandated. The Act requires that any state agency or political subdivision undertaking an undertaking that may affect a cultural property must notify the State Historic Preservation Officer (SHPO). Following notification, the SHPO initiates a review process. If the SHPO determines that the undertaking will have an adverse effect on the cultural property, the agency or political subdivision must consult with the SHPO to explore alternatives or mitigation measures that would minimize or avoid the adverse effect. The Act does not grant the SHPO unilateral authority to halt projects but rather establishes a collaborative process to balance development with preservation. The core principle is to ensure that significant cultural resources are not irreversibly damaged by public or private undertakings that involve state or local government approval or funding. The question hinges on the procedural obligations triggered by a potential impact on a statutorily protected cultural resource.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key aspect of this act is the process by which properties are designated as state cultural properties. This designation is not automatic but requires a formal application and review process. The State Historic Preservation Officer (SHPO) plays a crucial role in this process, acting as the primary administrator and advisor. The Act outlines specific criteria for designation, focusing on historical, architectural, archaeological, or cultural significance. Once a property is nominated, the SHPO conducts an investigation, which may include consultation with relevant experts and the property owner. Following this investigation, the SHPO makes a recommendation to the New Mexico Historic Preservation Review Board. This board then reviews the nomination and the SHPO’s recommendation. The final decision on whether to designate a property as a state cultural property rests with the State Historic Preservation Officer, who issues the official designation. This process ensures that only properties meeting defined standards are afforded the protections and recognition of state cultural property status. The Act also provides for the establishment of a register of cultural properties, which is maintained by the SHPO.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., governs the identification, preservation, and protection of cultural properties within the state. A key aspect of this act is the process for nominating and designating properties as State Cultural Properties. The State Historic Preservation Officer (SHPO) plays a central role in this process. Upon receiving a nomination, the SHPO is mandated to conduct a thorough review to determine if the property meets the established criteria for significance. These criteria typically relate to historical, architectural, archaeological, or cultural importance. If the SHPO determines that the property meets the criteria, the next step involves notifying the owner of the property and providing them with an opportunity to comment on the proposed designation. This notice and comment period is a procedural safeguard ensuring due process. Following this, the SHPO makes a final recommendation to the State Cultural Properties Review Committee. This committee, comprised of individuals with expertise in historical preservation and related fields, then reviews the nomination and the SHPO’s recommendation. The committee’s decision is advisory; the ultimate authority for designation rests with the State Museum of New Mexico Board of Regents. Therefore, the final approval authority for designating a property as a State Cultural Property lies with the State Museum of New Mexico Board of Regents, following the recommendations of the SHPO and the Cultural Properties Review Committee.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., and its implementing regulations, govern the identification, protection, and management of cultural properties within the state. The Act defines “cultural property” broadly to include sites, buildings, structures, objects, and landscapes that have historical, archaeological, architectural, or cultural significance. When a proposed state or local government undertaking, such as infrastructure development or land use planning, has the potential to affect a known or potentially significant cultural property, a review process is mandated. This process typically involves consultation with the New Mexico Historic Preservation Division (HPD) and, where applicable, the State Historic Preservation Officer (SHPO). The purpose is to assess the potential adverse effects and to develop mitigation measures if necessary. The Act emphasizes a proactive approach, requiring agencies to consider cultural heritage early in the planning stages. The specific requirements for consultation and review are often detailed in agency-specific procedures and intergovernmental agreements, but the core principle remains the avoidance or minimization of harm to significant cultural resources. The ultimate goal is to balance development needs with the imperative to preserve New Mexico’s unique heritage for future generations. The Act does not mandate specific monetary valuations of cultural properties but rather focuses on their intrinsic cultural significance and the potential impact of undertakings on that significance.

The New Mexico Cultural Properties Act, specifically NMSA 1978, Section 18-6-1 et seq., establishes a framework for the identification, protection, and preservation of cultural properties within the state. A key component of this act is the process by which properties are nominated and designated as state cultural properties. The Act outlines the roles and responsibilities of various entities, including the State Historic Preservation Officer (SHPO) and the Cultural Properties Review Committee. When a property is nominated, the process involves a review to determine if it meets the criteria for significance. This review is not a simple administrative filing; it requires a substantive assessment of the property’s historical, architectural, archaeological, or cultural importance. The Act also provides for public notice and an opportunity for input from property owners and the public. The Cultural Properties Review Committee then makes a recommendation to the Governor, who ultimately approves or denies the designation. The question hinges on understanding the procedural safeguards and substantive review required before a property can be formally designated as a state cultural property, ensuring that such designations are based on a thorough evaluation of the property’s intrinsic value and its connection to New Mexico’s heritage, as opposed to mere administrative action or local sentiment without proper evidentiary basis. The designation process is a formal legal procedure designed to protect significant cultural resources from adverse effects.

The New Mexico Cultural Properties Act, specifically NMSA 1978, Chapter 9, Article 7, outlines the process for designating and protecting cultural properties within the state. When a property is identified as potentially significant, the State Historic Preservation Officer (SHPO) initiates a review process. This review involves consulting with the property owner and potentially other relevant parties. If the SHPO determines the property meets the criteria for designation as a cultural property, they will recommend it to the Cultural Properties Review Committee. The Committee then reviews the recommendation. If the Committee concurs with the SHPO’s findings, they can recommend the property for official designation. Crucially, the Act requires that the owner of the property be notified and given an opportunity to be heard before any final designation is made. This ensures due process and allows for the owner’s input. The Act also specifies that once designated, a cultural property cannot be altered or demolished without prior approval from the SHPO, underscoring the protective measures in place. The correct course of action for a private landowner in New Mexico, upon learning of a potential designation for their property under the Cultural Properties Act, is to engage with the SHPO and the review process, ensuring their rights and perspectives are considered.

The New Mexico Cultural Properties Act, specifically NMSA 1978 § 18-6-1 et seq., governs the identification, protection, and preservation of cultural properties within the state. When a proposed undertaking, such as a construction project, is likely to affect a cultural property listed on the state register, the State Historic Preservation Officer (SHPO) must be consulted. NMSA 1978 § 18-6-8 mandates that the agency undertaking the project must notify the SHPO of the proposed undertaking and its potential impact. The SHPO then reviews the proposal and may require mitigation measures to minimize adverse effects. These measures can include archaeological surveys, data recovery, or avoidance. The process is designed to balance development needs with the imperative to safeguard New Mexico’s rich cultural heritage. Failure to consult with the SHPO or to implement agreed-upon mitigation can result in penalties. The core principle is proactive identification and consultation to prevent or minimize damage to significant cultural resources before they are irrevocably altered.

The New Mexico Cultural Properties Act, specifically NMSA 1978, § 18-6-1 et seq., establishes the framework for identifying, preserving, and protecting cultural properties within the state. When a proposed project, such as the construction of a new resort near Santa Fe, might affect a property listed on the New Mexico Register of Cultural Properties, or one eligible for such listing, a review process is mandated. The State Historic Preservation Officer (SHPO) plays a central role in this process. The Act requires that any state agency or political subdivision undertaking a project that could affect a cultural property consult with the SHPO. This consultation aims to determine the potential impact and to explore alternatives or mitigation measures to minimize adverse effects. If a project is undertaken by a private entity but requires a state permit or funding, the Act’s provisions still apply, necessitating consultation with the SHPO. The core principle is to balance development with the imperative of cultural heritage preservation. The SHPO’s determination of eligibility for the Register of Cultural Properties is a critical step, as it triggers the consultation requirements even if the property is not yet officially listed. Therefore, the SHPO’s assessment of whether the proposed resort site contains or is adjacent to properties that meet the criteria for inclusion on the Register is the pivotal factor in initiating the statutory consultation process under the Cultural Properties Act. The Act does not require a formal judicial determination of historical significance prior to consultation; rather, it relies on the SHPO’s professional assessment.