N.M. Admin. Code § 4.10.19.10

Current through Register Vol. 35, No. 21, November 5, 2024

Section 4.10.19.10 - FEES

A. Use of the records repository and NMCRIS is contingent upon the HPD's receipt of reasonable fees as provided in this rule. The SHPO shall expend the fees received solely for the maintenance and administration of the records repository and NMCRIS, consistent with HPD's appropriated budget. Expenditures for the maintenance and administration of the records repository and the NMCRIS include, but are not limited to, software licensing and maintenance, software development, computer equipment lease or purchase, contractual services, staff time, facilities, and supplies.

B.Fee schedule:

(1)Access fees: With the exception of public agencies or tribal governments with a cooperative agreement, qualified institutions shall pay an annual access fee that entitles qualified users of the qualified institution to unlimited on-site use of the records repository and access to NMCRIS on the following basis: $200 per year for qualified institutions with three or fewer supervisory staff; $300 per year for qualified institutions with four to 10 supervisory staff; $500 per year for qualified institutions with 11-20 supervisory staff; and $800 per year for qualified institutions with 21 or more supervisory staff. As used in this paragraph, "supervisory staff" means supervisory archaeologists or crew chiefs who meet the qualifications outlined in 4.10.8.10 NMAC. Access fees are due each calendar year and shall accompany a signed institutional agreement.

(2)Registration fees: With the exception of public agencies or tribal governments with a cooperative agreement, qualified institutions shall pay registration fees for cultural resource investigations consistent with the following fee schedule.

(a) Fees for archaeological surveys are based on the total area surveyed as measured in acres, using the schedule below:

Class number	Survey size (acres +/-)	Survey Registration Fees
1	<2	$25
2	2 to 4.99	$50
3	5 to 9.99	$75
4	10 to 19.99	$100
5	20 to 39.99	$125
6	40 to 79.99	$200
7	80 to 119.99	$300
8	120 to 199.99	$400
9	200 to 399.99	$500
10	400 to 599.99	$800
11	600 to 999.99	$1000
12	1,000 to 1,499.99	$2000
13	1,500 to 1,999.99	$2500
14	2,000 to 2,499.99	$3000
15	2,500 to 3,000	$3500
16	greater than 3,000 acres	$500 more for each 500 acres or fraction thereof over 3,000 acres

(b) Fees for surveys that record all types of cultural resources are based on the total area of archaeological survey as measured in acres using the schedule above.

(c) The fee is twenty dollars ($20) to register damage assessments, regional research designs, cultural overviews or historic contexts, and small monitoring projects with five or fewer archaeological sites. The fee is seventy-five dollars ($75) for monitoring projects with more than five archaeological sites and for all test excavation, excavation, or mitigation projects. Add fifteen dollars ($15) to the seventy-five dollars ($75) fee for each archaeological site.

(3)Staff assistance fees: With the exception of public agencies or tribal governments with a cooperative agreement, additional fees for HPD staff assistance with cultural resources records apply as follows:

(a) Qualified institutions shall pay seventy-five dollars ($75) per-hour for assistance with records or map checks when the assistance time exceeds one-half hour on a given business day, rounding increments to the next full hour.

(b) Qualified institutions shall pay one hundred fifty dollars ($150) per hour for assistance with custom database queries and creation of electronic data files, with a one hour minimum and rounding increments to the next full hour.

(c) Assisted access users shall pay two hundred fifty ($250) per hour for assistance, with a one hour minimum, and rounding increments to the next full hour.

(d) HPD may charge reasonable fees to make copies of records.

(4)Fees for researchers: Independent researchers and educational institutions engaged in academic research are not subject to any fees, other than copy fees, provided they have a current institutional agreement on file and they submit the results of the research to HPD in accordance with 4.10.19.9 NMAC.

C.Consolidated fee schedule: At least 60 days prior to implementation, HPD shall provide written notice to all qualified institutions of the date that the following "consolidated fee schedule" shall go into effect. HPD shall also provide this notice on its website and may provide additional notice through other convenient methods. The "consolidated fee schedule" shall supersede the fee schedule outlined in Subsection B of this section on the date provided in the notice.

(1)Access fees: Authorized qualified users, designated by a qualified institution, shall have unlimited on-site use of the records repository and NMCRIS without paying access fees.

(2)Registration fees: With the exception of public agencies or tribal governments with a cooperative agreement, qualified institutions shall pay registration fees for cultural resource investigations consistent with the following fee schedule.

(a) Fees for archaeological surveys are based on the total area surveyed as measured in acres, using the schedule below:

Class number	Survey size (acres +/-)	Survey Registration Fee
1	<2	$35
2	2 to 4.99	$65
3	5 to 9.99	$100
4	10 to 19.99	$130
5	20 to 39.99	$170
6	40 to 79.99	$260
7	80 to 119.99	$390
8	120 to 199.99	$520
9	200 to 399.99	$650
10	400 to 599.99	$1,040
11	600 to 999.99	$1,300
12	1,000 to 1,499.99	$2,600
13	1,500 to 1,999.99	$3,250
14	2,000 to 2,499.99	$3,900
15	2,500 to 3,000	$4,550
16	greater than 3,000 acres	$650 more for each additional 500 acres or fraction thereof over 3,000 acres

(b) Fees for surveys that record all types of cultural resources are based on the total area of archaeological survey as measured in acres using the schedule above.

(c) The fee is fifty dollars ($50) to register surveys that are solely architectural in scope. Add twenty-five dollars ($25) to the fifty dollars ($50) fee for each associated cultural resource.

(d) The fee is fifty dollars ($50) to register all non-survey cultural resource investigations. Add twenty-five dollars ($25) to the fifty dollar ($50) fee for each associated cultural resource.

(3)Staff assistance fees: With the exception of public agencies or tribal governments with a cooperative agreement, fees for HPD staff assistance with cultural resources records apply as follows:

(a) Qualified institutions shall pay seventy-five dollars ($75) per hour for assistance with records or map checks that require more than one-half hour in a given day, in not less than one hour increments, rounding increments to the next full hour.

(b) Qualified institutions shall pay one hundred fifty dollars ($150) per hour for assistance with custom database queries and creation of electronic data files rounding increments to the next full hour.

(c) Assisted access users shall pay two hundred fifty dollars ($250) per hour for assistance rounding increments of an hour to the next full hour.

(d) HPD may charge reasonable fees to make copies of records.

(4)Fees for researchers: Independent researchers and educational institutions engaged in academic research are not subject to any fees, other than copy fees, provided they have a current institutional agreement on file and they submit the results of the research to HPD in accordance with 4.10.19.9 NMAC.

D.Cooperative agreement fees: Except in cases the SHPO determines the historic preservation benefits are significant, cooperative agreements shall provide annual financial assistance to HPD.

E.Delinquent accounts: Accounts with balances that remain unpaid for more than 90 days are delinquent. HPD shall terminate institutional agreements with entities that have delinquent accounts.

N.M. Admin. Code § 4.10.19.10

Adopted by New Mexico Register, Volume XXVII, Issue 10, May 31, 2016, eff. 5/31/2016