A. The "historic preservation division" is created within the cultural affairs department.

B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of cultural affairs with the consent of the governor. The position's qualifications shall be consistent with but not limited to the following:

(1) a graduate degree in American history, anthropology, architecture or historic preservation;

(2) at least five years of professional experience in American history, anthropology, architecture or historic preservation or any combination of these; or

(3) a substantial contribution through research and publication to the body of scholarly knowledge in the field of American history, anthropology, architecture or historic preservation or any combination of these.

C. The state historic preservation officer shall administer the Cultural Properties Act [18-10-1 to 18-10-5 NMSA 1978], including being administrative head of all Cultural Properties Act functions assigned to the historic preservation division by law or executive order. In addition, the state historic preservation officer shall coordinate all duties performed by, and cooperate with, the committee, the secretary of cultural affairs and any other entities, public or private, involved with cultural properties.

D. The state historic preservation officer, in conjunction with the secretary of cultural affairs:

(1) shall provide staff to the committee;

(2) shall maintain the state register of cultural properties;

(3) may fund historic site surveys and may fund restorations;

(4) shall administer historic preservation tax benefit programs;

(5) shall review state undertakings to determine their effect upon significant historic properties;

(6) shall adopt and promulgate rules regulating the use of the division's statewide historic and prehistoric site databases and archives, including a fee schedule to cover the reasonable cost of using the databases and archives; and

(7) may solicit and receive funds or property, including federal funds and public and private grants, for programs and activities administered by the state historic preservation officer.

E. Fees collected pursuant to Paragraph (6) of Subsection D of this section shall be used to maintain and administer the division's statewide historic and prehistoric site databases and archives.

History: 1953 Comp., § 4-27-10.1, enacted by Laws 1977, ch. 246, § 38; 1980, ch. 151, § 37; 1983, ch. 296, § 19; 2004, ch. 25, § 30; 2015, ch. 19, § 7; 2018, ch. 23, § 2.

Cross references. — For credit for preservation of cultural property on individual state income tax return, see 7-2-18.2 NMSA 1978.

For credit for preservation of cultural property on corporate state income tax return, see 7-2A-8.6 NMSA 1978.

The 2018 amendment, effective May 16, 2018, authorized the state historic preservation officer to solicit and receive funds or property, including federal funds and public and private grants, for programs and activities administered by the state historic preservation officer; and in Subsection D, added Paragraph D(7).

The 2015 amendment, effective July 1, 2015, provided for additional duties of the state historic preservation officer within the cultural affairs department; in Paragraph (4) of Subsection D, after the semicolon, deleted "and"; in Paragraph (5) of Subsection D, after the semicolon, added "and"; added Paragraph (6) of Subsection D; added Section E.

The 2004 amendment, effective May 19, 2004, in Subsection A, changed "cultural affairs officer" to "secretary of cultural affairs"; in Subsection B, provided for the state historic preservation officer to coordinate with the secretary of cultural affairs; and in Subsection D, changed "cultural affairs officer" to "secretary of cultural affairs".