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Cultural Properties Rule Proposal

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310 Old Santa Fe Trail,
Santa Fe NM 87501


Cultural Properties Rule Change Proposal

We will accept written public comments through the end of the day on December 6, 2021
You may submit public comments through the form below, via email to, or via mail to New Mexico State Land Office, Attn: Alysha Shaw, PO Box 1148, Santa Fe, NM  87504-1148

The protection of cultural properties on state trust land is a top priority of Commissioner Garcia Richard’s. Earlier this year, we established a standalone Cultural Resources Office (CRO) to elevate the role of the archeology team within the agency, create more direct lines of communication with the Commissioner’s office, and position the agency to manage cultural resource and consultation efforts in a coordinated and responsive manner.

Read the Commissioner’s letter regarding this proposed rule change


“Cultural Property” means a structure, place, site, object or resource having historic, archaeological, scientific, architectural, or other cultural significance. A cultural property includes a property listed on or eligible for inclusion on either the New Mexico register of cultural properties pursuant to the Cultural Properties Act, or listed on or eligible for listing on the national register of historic places pursuant to the National Historic Preservation Act, 16 U.S.C. Section 470.

This proposed Rule builds upon our cultural resources efforts by requiring that an archaeological survey be completed prior to any surface disturbing activity, such as the construction of roads and pipelines, oil and gas drilling, and other infrastructure development. The draft Rule is consistent with existing practices on federal lands and in most other states, and many NMSLO lessees already adhere to its requirements as a matter of practice.

By making survey requirements applicable across the board for projects, the Rule will ensure that cultural resource protections are enforceable, meaningful, and that there are appropriate avoidance and mitigation measures in place.

The draft Rule lays out specific procedures for implementing survey requirements and confirming that applicants understand their obligations to protect cultural properties before any work is done. Furthermore, because there are different statutory requirements that apply to various types of leasing activities, the Rule is tailored to reflect those legal distinctions.


Date: Friday, October 22, 2021 

Time: 9:00 am to 12:00 pm

Location: In Person at the State Land Office, Morgan Hall, 310 Old Santa Fe Trail, Santa Fe, NM

On Zoom

Topic: Cultural Properties Rule Hearing
Time: Oct 22, 2021 09:00 AM Mountain Time (US and Canada)

Join Zoom Meeting

Meeting ID: 838 7738 1776
Passcode: NMSLO
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