Section 41-9-290 – Short Title.

Section 41-9-290 Short title. This division shall be known as and may be cited as the “Alabama Underwater Cultural Resources Act.” (Act 99-595, p. 1364, §1.)

Section 41-9-291 – Definitions.

Section 41-9-291 Definitions. As used in this division, the following terms shall have the following meanings: (1) COMMISSION. The Alabama Historical Commission, acting as the custodian of cultural resources for the State of Alabama. (2) CONTRACTOR. Any individual, company, corporation, or private or public institution determined by the commission to be appropriately qualified that has […]

Section 41-9-292 – Use of State Cultural Resources.

Section 41-9-292 Use of state cultural resources. (a) All cultural resources as defined herein are declared to be state cultural resources subject to the exclusive dominion and control of the State of Alabama. (b) Cultural resources shall not be taken, damaged, destroyed, salvaged, excavated, or otherwise altered without a prior contract or permit obtained through […]

Section 41-9-293 – Management Plan; Rules and Regulations.

Section 41-9-293 Management plan; rules and regulations. (a) The commission, in coordination with the Department of Conservation and Natural Resources, shall develop and implement a management plan for cultural resources. The commission may appoint an advisory committee to assist the commission in the development and implementation of a management plan for cultural resources, and to […]

Section 41-9-294 – Permit etc., for Exploration or Excavation.

Section 41-9-294 Permit etc., for exploration or excavation. (a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application to the commission for a permit or contract to conduct the operation. If the commission finds that the granting of a permit […]

Section 41-9-295 – Commercial Fishing Restrictions.

Section 41-9-295 Commercial fishing restrictions. The commission may restrict, when necessary, as determined in writing in the sole discretion of the Commissioner of Conservation and Natural Resources, the activities of commercial fishing vessels in or around known underwater cultural resources when the likelihood of damage to or any alterations of the cultural resources is deemed […]

Section 41-9-296 – Distribution of Funds.

Section 41-9-296 Distribution of funds. (a) Any funds received by the commission under the terms and conditions of permits or contracts made pursuant to this division shall be placed in funds maintained in the State Treasury. (b) The commission shall, pursuant to its rulemaking power, provide a procedure for the sale at public auction of […]

Section 41-9-297 – Theft or Disturbance of a Cultural Resource.

Section 41-9-297 Theft or disturbance of a cultural resource. (a) A person commits the crime of theft or disturbance of a cultural resource protected by the commission if the person does either of the following: (1) Intentionally and knowingly removes, alters, disturbs, or destroys any cultural resource without the prior written authorization of the commission […]

Section 41-9-298 – Seizure of Equipment, Etc.

Section 41-9-298 Seizure of equipment, etc. In all cases of arrest and conviction under Section 41-9-297, all boats, instruments, and other equipment used directly in connection with the offenses are declared to be contraband and shall be seized and brought before the court having jurisdiction of the offense for proper disposal. (Act 99-595, p. 1364, […]

Section 41-9-299 – Enforcement of Division.

Section 41-9-299 Enforcement of division. All law enforcement agencies and officers, state and local, shall assist the commission in the enforcement of this division. (Act 99-595, p. 1364, §10.)

Section 41-9-299.1 – Exceptions.

Section 41-9-299.1 Exceptions. (a) Notwithstanding any other provisions of this division to the contrary, no contract with or permit from or fee paid to the commission shall be required for activities performed pursuant to United States Army Corps of Engineers’ permits, including general permits. (b) Notwithstanding any other provisions of this division to the contrary, […]

Section 41-9-299.2 – Construction of Division.

Section 41-9-299.2 Construction of division. This division shall be construed in pari materia with Section 41-9-249.1. (Act 99-595, p. 1364, §13.)