Draft Environmental Impact Statement for Roca Honda Mine

Chapter 3. Affected Environment and Environmental Consequences
disturbance of unmarked human burials on any lands within New Mexico outside of Federal
lands. Section 18-6-8.1, Review of proposed state undertakings states that “the head of any state
agency or department having direct or indirect jurisdiction over any land or structure modification
which may affect a registered cultural property shall afford the State historic preservation officer
a reasonable and timely opportunity to participate in planning such undertaking so as to preserve
and protect, and to avoid or minimize adverse effects on, registered cultural properties.” The
implementing rule (4.10.7 New Mexico Administrative Code (NMAC)) defines indirect
jurisdiction as the issuance of an authorization, permit, or license by a state agency, entity, board,
or commission for land modification on Federal, state, or private lands. Registered cultural
properties are those listed on the SRCP.
The Prehistoric and Historic Sites Preservation Act (§18-8-1 through 8 NMSA 1978) addresses
the protection of cultural properties listed on the SRCP or NRHP, stating that no State funds shall
be spent on programs or projects that require the use of listed properties. Exceptions include when
there is no feasible or prudent alternative to such use, or if all possible planning has occurred to
preserve, protect, and minimize harm to the listed property. The implementing rule (4.10.12
NMAC) places the responsibility of the determination on the State agency, which is required to
issue the determination in the form of a written record available to all interested parties.
Consultation with American Indians is also addressed by State statute. The New Mexico State –
Tribal Collaboration Act (§11-18 NMSA 1978) stipulates that State agencies shall make a
reasonable effort to collaborate with Indian nations, tribes, or pueblos in the development and
implementation of policies, agreements, and programs of the State agency that directly affect
American Indians. Pursuant to the act, the New Mexico Environment Department (NMED), New
Mexico Energy, Minerals, and Natural Resources Department (of which the Mining and Minerals
Division (MMD) is a part), and the New Mexico Office of the State Engineer (NMOSE)
developed the Tribal Collaboration and Communication Policy. The purpose of the policy is to
foster, facilitate, and strengthen positive government-to-government relations between these
agencies and New Mexico’s Indian Nations, tribes, and pueblos.
The New Mexico State Land Office (NMSLO) established a memorandum of agreement (MOA)
on April 21, 2011, with the Acoma Pueblo, Laguna Pueblo, Hopi Tribe, Zuni Tribe, and Navajo
Nation. The MOA sets forth a process of consultation by the NMSLO with the tribes for proposed
activities on New Mexico State Trust Lands that are located within the boundaries of the Mt.
Taylor Traditional Cultural Property (TCP). The MOA provides for clear lines of communication
between the agency and tribes.
Region of Influence
The region of influence (ROI) is the area within which impacts to cultural resources can occur.
Under the regulations implementing Section 106 of the NHPA, analysis of effects to historic
properties is conducted within the area of potential effects (APE). An APE is:
“. . . the geographic area or areas within which an undertaking may directly or
indirectly cause alterations in the character or use of historic properties, if any
such properties exist. The area of potential effects is influenced by the scale and
nature of an undertaking and may be different for different kinds of effects
caused by the undertaking.” (36 CFR 800.16(d))
DEIS for Roca Honda Mine, Cibola National Forest 299