Powers & Duties

The Cultural Properties Act grants the Committee the following Powers and Duties to further the State's historic preservation efforts:

  • 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:
  • determines what constitutes historical, archaeological, scientific, architectural and other cultural significance for the purpose of identifying cultural properties as used in the Cultural Properties Act;
  • prepares and keeps up to date the official register. This official register shall be composed of properties identified by the Committee as having historical or other cultural significance and integrity, being suitable for preservation and having educational significance;
  • prepares and maintains proper documentation of the historic or other significance of cultural properties. The Committee is granted access to all state and local public documents that may be necessary for the documentation, and such state and local agencies as have custody of such documents are authorized to allow the Committee to examine and reproduce those documents useful for the documentation;
  • inspects all registered cultural properties periodically to assure proper cultural or historical integrity and proper maintenance. The inspection may be made by an authorized representative of the Committee or Historic Preservation Division of the Department of Cultural Affairs. Such inspection shall be made only with the written consent of the owner or his authorized representative;
  • based upon the inspection of a registered cultural property, recommends such repairs, maintenance and other measures as should be taken to maintain registered status;
  • issues regulations pertaining to the identification, preservation and maintenance of registered cultural properties in order to maintain the integrity of those properties;
  • deletes from the official register any registered cultural property whose owner does not comply with the Committee's regulations or follow its recommendations for repair and maintenance, or which upon presentation of further evidence does not merit continued official registry;
  • recommends to the Museum Division of the Department of Cultural Affairs and other public administrators of registered cultural properties measures for the investigation, restoration and protection of such properties;
  • encourages and renders technical advice to private owners of registered cultural properties in order that such properties may be preserved;
  • encourages and provides technical assistance to municipalities and counties in acquiring, preserving and developing cultural properties within their jurisdictions;
  • cooperates with federal, state, local and private agencies and persons engaged in the administration, development or other work relating to cultural properties within the state;
  • pursues all activities in a manner consistent with state and federal laws and regulations;
  • encourages and promotes public appreciation of New Mexico's historical and cultural heritage by:
    1. reviewing for accuracy the proposed publication of information on cultural properties; and
    2. reviewing the accuracy and adequacy of proposed marking of cultural properties;
  • utilizes the assistance of individuals, local organizations, state agencies and others interested in the identification and preservation of cultural properties;
  • issues, with the concurrence of the state archaeologist and the state historic preservation officer, permits for the examination or excavation of sites and the collection or removal of objects of antiquity or general scientific interest, where such sites or objects are located on state lands, to institutions which the Committee may deem to be properly qualified;
  • provides advice to the State Historic Preservation Officer in the Historic Preservation Division and to the director of the Museum Division of the Department of Cultural Affairs on cultural properties; and
  • makes, in conjunction with the Historic Preservation Division, an annual report on its activities to the Governor and the Legislature. The report may contain recommendations for the more effective preservation of New Mexico's historic and cultural heritage.