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Section 5A-333 – Definitions

    (a)    In this part the following words have the meanings indicated.     (b)    “Archaeology Office” means the Archaeology Office established under § 5A-334 of this subtitle.     (c)    “Associated funerary objects” means objects that are reasonably believed to have been placed with individual human remains as a part of the death rite or ceremony of a culture.     (d)    (1)    “Cave” has the […]

Section 5A-334 – Archaeology Office — in General

    (a)    There is an Archaeology Office in the Trust.     (b)    (1)    The Archaeology Office includes a research unit.         (2)    The research unit shall:             (i)    engage in and direct fundamental archaeological research;             (ii)    synthesize existing research information; and             (iii)    encourage archaeological research and investigation by museums, institutions of higher education, and scientific and historical institutions and organizations in the State.     (c)    (1)    The Director shall […]

Section 5A-335 – Archaeology Office — Duties

    (a)    The Archaeology Office shall:         (1)    cooperate in excavating historically or archaeologically significant sites in the custody or control of any other State unit;         (2)    encourage the preservation of prehistoric or historic sites on privately owned land in the State;         (3)    coordinate the work of retrieving and preserving archaeologically significant objects and materials found during public construction in the […]

Section 5A-336 – Advisory Committee on Archaeology

    (a)    There is an Advisory Committee on Archaeology.     (b)    (1)    The Committee consists of seven members appointed by the Governor on recommendation of the Secretary and with the advice and consent of the Senate.         (2)    The Committee shall include representatives of reputable museums, institutions of higher education, other recognized scientific or historical institutions or organizations, and qualified private firms […]

Section 5A-339 – Objects and Materials Found on Submerged or Terrestrial Archaeological Sites

    (a)    Except as provided in subsection (b) of this section and elsewhere in this title, an object or material of historical or archaeological value or interest found on a submerged or terrestrial archaeological site on land that the State owns or controls:         (1)    is the property of the State; and         (2)    shall be deposited for permanent preservation with […]

Section 5A-340 – Submerged Archaeological Historic Property — in General

    (a)    Submerged archaeological historic property on or taken from underwater land over which the State has sovereign control is the property of the State.     (b)    The State may convey title to part or all of submerged archaeological historic property it owns in accordance with a permit, if the Board of Public Works approves the permit in accordance […]

Section 5A-341 – Submerged Archaeological Historic Property — Permits

    (a)    Without a permit, a person may not excavate, remove, destroy, injure, deface, or disturb a submerged archaeological historic property on land over which the State has sovereign control.     (b)    A person does not need a permit to inspect, study, explore, photograph, measure, record, or otherwise use and enjoy submerged archaeological historic property on land over which […]

Section 5A-342 – Terrestrial Archaeological Excavation

    (a)    Without a permit, a person may not excavate, remove, destroy, injure, deface, or disturb a terrestrial archaeological site on land that the State owns or controls.     (b)    The Trust does not need a permit to do anything for which a permit is required under this section.     (c)    The Trust may issue a permit to excavate a terrestrial […]

Section 5A-343 – Caves

    (a)    (1)    This section applies to all archaeological, prehistoric, and historic features found in any cave, including:             (i)    all or any part of any burial grounds, historic or prehistoric ruins, and archaeological sites; and             (ii)    relics, inscriptions, saltpeter workings, fossils, bones, and remains of historical human activity.         (2)    Without a permit issued under this section, a person may not excavate, […]

Section 5A-344 – Hearings

    (a)    If the Director or the Director’s designee takes any enforcement action under this subtitle against a permit holder, the permit holder shall be given an opportunity for a hearing before the Secretary.     (b)    Subject to subsection (c) of this section, notice shall be given and the hearing shall be held in accordance with Title 10, Subtitle […]

Section 5A-345 – Archaeological Historic Property on Privately Owned Land

    (a)    The provisions of this subtitle that protect property on land under State control if it is submerged archaeological historic property, terrestrial archaeological historic property, or archaeological historic property in a cave may apply to similar historic property on privately owned land if:         (1)    the owner asks the Trust in writing to apply the provisions to the […]

Section 5A-346 – Prohibited Acts; Penalties

    (a)    (1)    A person who violates § 5A-339, § 5A-341, § 5A-342, or § 5A-343 of this subtitle, or a regulation adopted under any of those sections is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,000 or both.         (2)    If a person is found guilty […]