Land Commissioner Adopts Cultural Properties Protection Rule

Recognizing that New Mexico’s state trust land has been occupied by people for millennia, with much of it ancestral to Native Tribes and Nations, New Mexico Commissioner of Public Lands Stephanie Garcia Richard today announced the first ever rule of its kind designed to protect cultural resources on state trust lands has been formally published in the New Mexico Register, and will take effect on December 1, 2022. The rule requires lessees of state trust lands to conduct informational reviews and cultural resource surveys before engaging in new development on state trust land.

The purpose of the new Cultural Properties Protection Rule is to proactively identify archaeological sites and other cultural resources on state trust lands and protect them before they are damaged; resources that are often sacred and significant to Native people and contribute to the archeological knowledge of New Mexico.

The rule provides for important exceptions, including repairs and maintenance of existing structures such as fences and water tanks, that do not involve additional surface disturbance. In addition, the State Land Office has launched the Cultural Survey Support Program in conjunction with the rule to help agricultural lessees and others with the survey process and to provide additional information and support regarding how to comply with the rule.