A. The cultural affairs department is responsible for administering, developing and maintaining all registered cultural properties in its ownership or custody.
B. Unless other locations are deemed more appropriate by the committee, in consultation with the museum of New Mexico, because of the nature of the property involved, the cultural affairs department shall be the depository for all collections made under the provisions of the Cultural Properties Act [18-6-1 to 18-6-17 NMSA 1978] and shall make available material from such collections to museums in and out of the state on the request of the governing bodies of those museums when, in the opinion of the department, such use is appropriate and when arrangements are made for the safe custodianship and public exhibition of the material in accordance with department rules. The museum of New Mexico shall maintain a record of the location of all such collections.
C. The cultural affairs department may seek and accept gifts, donations and grants, subject to the provisions of Subsection B of Section 18-6-7 NMSA 1978, to be used to acquire, preserve or restore registered cultural properties.
D. The cultural affairs department may acquire by gift, purchase or, if no other means of acquisition are available, condemnation any cultural property or interest therein sufficient to preserve such property. Cultural properties so acquired shall be administered by the department or other appropriate state agencies in accordance with Subsections A and B of this section.
E. The cultural affairs department may enter into agreements with the committee to provide assistance in carrying out the duties of the committee.
History: 1953 Comp., § 4-27-9, enacted by Laws 1969, ch. 223, § 6; 1977, ch. 246, § 36; 1980, ch. 151, § 35; 1986, ch. 10, § 3; 2004, ch. 25, § 28.
The 2004 amendment, effective May 19, 2004, in Subsection A, changed "museum division" to "cultural affairs department".
Structure New Mexico Statutes
Chapter 18 - Libraries, Museums and Cultural Properties
Article 6 - Cultural Properties
Section 18-6-2 - Purpose of act.
Section 18-6-4 - Committee created; membership; compensation; voting; term; chairman; meetings.
Section 18-6-5 - Committee; powers and duties.
Section 18-6-8 - State historic preservation officer; appointment; qualifications; duties.
Section 18-6-8.1 - Review of proposed state undertakings.
Section 18-6-9.1 - Cultural property; unauthorized appropriation; larceny.
Section 18-6-9.2 - Cultural property; unauthorized damage or appropriation; civil penalties.
Section 18-6-9.3 - Cultural property; forfeiture of instruments.
Section 18-6-10 - Cultural properties on private land.
Section 18-6-11 - Permit required for excavation of archaeological sites; penalty.
Section 18-6-11.1 - Confidentiality of site location.
Section 18-6-11.2 - Permit required for excavation of unmarked burials; penalty.
Section 18-6-12 - Emergency classification pending investigation.
Section 18-6-14 - State historian.
Section 18-6-15 - State archaeologist.
Section 18-6-16 - Preparation and sale of cultural properties publications; revolving fund; report.
Section 18-6-18 - Short title.
Section 18-6-20 - Definitions.
Section 18-6-21 - Fund created; administration.
Section 18-6-22 - Loan program; duties of division and committee.
Section 18-6-23 - Loans; criteria.
Section 18-6-24 - Short title.
Section 18-6-25 - Definitions.