§ 950. Title

This subchapter shall be known and may be cited as the “Antiquities and Cultural Properties Act of 1998”.

§ 951. Declaration of policy

It shall be the policy of the Government of the Virgin Islands to cooperate with the Government of the United States in protecting and managing the Territory’s terrestrial and marine historical, cultural and archaeological resources for the benefit of the people of the Virgin Islands.

§ 952. Definitions

For purposes of this subchapter: (a) “Agency” means any department, agency, authority, commission or instrumentality of the Government of the Virgin Islands. (b) “Archaeological site” means a location wherein exists material evidence of past human life and culture that is older than fifty (50) years, including burials of human beings. (c) “Archaeological specimen” means any […]

§ 953. Powers and duties of State Historic Preservation Officer

(a) The Commissioner of the Department of Planning and Natural Resources shall be the State Historic Preservation Officer, and the Director of the Division for Archaeology and Historic Preservation shall be the Deputy State Historic Preservation Officer for the Virgin Islands. The Division for Archaeology and Historic Preservation shall be the State Historic Preservation Office, […]

§ 954. Permits; rules and regulations

(a) All persons, except for archaeologists within the Division for Archaeology and Historic Preservation who wish to, or are required to conduct subsurface or underwater archaeological excavations, tests, probing, or other investigations which result in the removal or contextual disturbance of in situ materials or artifacts in Virgin Islands lands or coastal waters, will be […]

§ 955. Rights of the Government of the Virgin Islands

(a) The Government retains the exclusive right to and control over all historical, cultural and archaeological properties and archaeological specimens located on public lands and waters, including submerged lands. (b) The Government retains the exclusive right to and control over all historical, cultural and archaeological properties located on public lands leased to others. In all […]

§ 956. Excavation

(a) No excavation or other similar activity may be undertaken until a permit is first obtained from the State Historic Preservation Officer. (b) All excavations, scientific investigations, recovery operations or data recording techniques shall be conducted under the general supervision of the State Historic Preservation Officer, and in such a manner as to maximize the […]

§ 957. Responsibility of government agencies

(a) Each Government agency having direct or indirect jurisdiction over a proposed governmental or government assisted or approved undertaking shall, in accordance with government policy and prior to the approval of the expenditure of any state funds for the undertaking, consider the effects of the undertaking on any historical, cultural or archaeological property that is […]

§ 958. Temporary classification pending investigation

A historical, cultural or archaeological property which the State Historic Preservation Office has reason to believe may be worthy of preservation may be included in the Virgin Islands Registry of Historic Places on a temporary basis for not more than one (1) year, during which time the office shall investigate the property and make a […]

§ 959. Notification and permit requirements on private land

(a) Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or his representative shall immediately notify the State Historic Preservation Office verbally and in writing. (b) Any person applying for an Earth Change permit in conformity with Title 12, chapter 13, Virgin Islands Code for […]

§ 960. Procedures upon discovery of human burial sites

(a) Each human burial in the Territory, interred in any marked or unmarked site, is accorded the protection of law and shall receive appropriate and respectful treatment and disposition. (b) Any person who discovers a human burial site shall immediately cease any activity that may disturb that site or any object or artifact associated with […]

§ 961. Confidentiality of site location

Any information in the custody of a public official concerning the location of archaeological resources, the preservation of which is in the interest of the Territory, shall remain confidential unless the State Historic Preservation Officer certifies in writing that the dissemination of such information will further the purpose of this subchapter, and will not create […]

§ 962. Special permit required for excavation on private land

(a) It shall be a violation of this subchapter for any person to excavate with the use of mechanical earth-moving equipment or by manual means an archaeological site for the purpose of collecting or removing archaeological specimens when such archaeological site is on private land, including privately owned submerged land, in the Territory, unless such […]

§ 963. Enforcement

(a) Criminal penalties. Any person who knowingly, willfully and intentionally: (1) appropriates, excavates, injures or destroys or cause to be appropriated, excavated, injured or destroyed any historical, cultural or archaeological site, object, specimen, artifact, ruin, or feature situated in lands owned by the Government without a valid permit issued by the State Historic Preservation Officer, […]

§ 964. Archaeological Preservation Fund

(a) There is hereby established as a separate and distinct fund within the Treasury of the Virgin Islands, a special fund designated “The Archaeological Preservation Fund.” The Commissioner of Finance shall maintain and provide for the administration of this fund, and no monies shall be made available for expenditure therefrom except as provided in this […]