No public funds of the state or any of its agencies or political subdivisions shall be spent on any program or project that requires the use of any portion of or any land from a significant prehistoric or historic site unless there is no feasible and prudent alternative to such use, and unless the program or project includes all possible planning to preserve and protect and to minimize harm to the significant prehistoric or historic site resulting from such use. The provisions of this section may be enforced by an action for injunction or other appropriate relief in a court of competent jurisdication [jurisdiction].
History: Laws 1989, ch. 13, § 7.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Inapplicability of retroactive effect. — The provisions of this section have no retroactive effect as to those portions of the project for which planning was complete and the city had previously received authorization and approval to construct prior to June 16, 1989. City of Albuquerque v. State ex rel. Village of Los Ranchos de Albuquerque, 1991-NMCA-015, 111 N.M. 608, 808 P.2d 58, cert. denied, 113 N.M. 524, 828 P.2d 957 (1992).
Authority of state historic preservation officer. — The state historic preservation officer's authority to issue regulations for the implementation of the Prehistoric and Historic Sites Preservation Act does not encompass the power to shift the burden of persuasion in a court proceeding from it or its allies to an opposing party; the state historic preservation officer cannot by regulation contradict the act. Nat'l Trust for Historic Preservation v. City of Albuquerque, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.
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 which 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.
Remedy for violation. — If a public agency is expending funds in violation of this section, the remedy is to bring an action in court. Nat'l Trust for Historic Preservation v. City of Albuquerque, 1994-NMCA-057, 117 N.M. 590, 874 P.2d 798.