A. The New Mexico Prehistoric and Historic Sites Preservation Act shall be administered by the state historic preservation officer in consultation with the cultural properties review committee.

B. The division and the cultural properties review committee shall cooperatively develop criteria for the acquisition, stabilization, restoration or protection of significant historic or prehistoric sites. Such criteria shall be reviewed by them at a public meeting held annually in accordance with the Open Meetings Act [Chapter 10, Article 15 NMSA 1978].

C. The division shall annually solicit proposals from state agencies, subdivisions of state government and corporations for the acquisition, stabilization, restoration or protection of significant prehistoric and historic sites.

D. Subject to the availability of funds, the state may pay up to ninety percent of the cost of acquisition, stabilization, restoration or protection of a significant prehistoric or historic site. Title to that site shall vest in the state or a political subdivision of the state and a corporation that participates in acquiring a minimum of at least a ten percent undivided interest in the site or defrays not less than ten percent of the cost of acquisition, stabilization, restoration or protection of the site.

E. In the event of joint acquisition by the state or a political subdivision of the state and a corporation, the state or the subdivision and the corporation shall hold undivided interests in the property, in proportion to the state's and the corporation's share, and the property shall be held in the name of the state and the corporation.

F. Criteria for the acquisition and protection of significant prehistoric and historic sites include:

(1) the degree to which the property is threatened by deterioration or destruction;

(2) the rarity or uniqueness of the property or property type; and

(3) the value of the property for public interpretation and visitation.

History: Laws 1989, ch. 13, § 4.

Standing in private action. — Plaintiff organizations had standing to bring a private cause of action against city, seeking injunctive relief against further planning, funding, contracting and construction of a segment of a city boulevard that bordered a national monument, where they contended the project violated the New Mexico Prehistoric and National Historic Sites Preservation Act. Nat'l Trust for Historic Preservation v. City of Albuquerque, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.