Chapter 03. Protection of Submerged Archeological Historic Property

These regulations govern activities designated in Chapter 503 of the Acts of the General Assembly of 1988 known as the Submerged Archaeological Historic Property Act and codified within State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland. This act authorized the Maryland Historical Trust to establish a program for the issuance and administration of permits for certain activities relating to submerged archeological historic property. The program is known as the Maryland Maritime Archeology Program.

The meanings of certain terms are set forth in Regulation .02 of this chapter.

In accordance with the Act, these regulations apply solely to sites, structures, objects, or remains which yield or are likely to yield information of significance to the scientific study of human prehistory, history, or culture and which are:

In order to determine whether submerged property meets the criteria in §A(3) of this regulation, the person who discovers this property shall complete a report of finding on a standard form prescribed by the Trust and submit it to the State Underwater Archeologist within 14 days of discovery. The Trust shall make a determination of the age of the property or its eligibility for the National Register within 14 days of receipt of the report and notify the person submitting the report of the Trust's determination. If, in the opinion of the Trust, the report provides insufficient information to determine the age of the property or its eligibility for the National Register, the Trust may request that an intensive survey be conducted. Accordingly, submerged archeological historic property that is embedded in submerged lands is considered as having remained unclaimed for 100 years or longer until proven otherwise through:

These regulations do not:

Except as provided in §B(2) of this regulation, all submerged archeological historic property is the property of the State in accordance with the Act.

These regulations do not apply to:

“Act” means State Finance and Procurement Article, §§5A-333—5A-346, Annotated Code of Maryland, and more specifically, §§5A-301, 5A-334, 5A-339, 5A-340, and 5A-341.

“Applicant” means a person who has applied for a permit under these regulations.

“Artifact” means any object or assemblage of objects found in an archeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture.

“Artifact recovery” means the recovery of artifacts through excavation.

“Beneath or substantially beneath” means permanently or periodically covered, in whole or in part, by water.

“Board” means the Maryland Board of Public Works.

“Code” means the Annotated Code of Maryland.

“Commercial applicant” means an applicant for a permit under these regulations for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes.

“Data” means any recorded information, regardless of form or characteristics, related to the site of submerged archeological historic property which includes, without limitation, artifacts, drawings, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements, and related information.

Data Collection.

“Data recovery” means a systematic study carried out in accordance with a research plan, which may include data collection, excavation, and artifact recovery.

“Debris field” means the total area in which artifacts associated with a particular site are located.

“Director” means the Director of the Trust or a designee of the Director.

“Embedded” means firmly affixed in submerged lands such that the use of tools of excavation are required to move the bottom sediments in order to gain access to the submerged archeological historic property or any part of it.

“Excavation” means the process of moving, removing, or disturbing bottom sediments to expose submerged archeological historic property through the use of tools other than those permitted under Regulation .03B(2) of this chapter.

“Field archeologist” means an archeologist selected or employed by the permittee to supervise operations under a permit.

“Immediate environment” means that area surrounding a submerged archeological historic property which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field.

Intensive Survey.

“Lands controlled by the State” means lands to which the State has rights under a lease, option contract, or purchase contract.

“Monitoring archeologist” means a maritime archeologist selected by the State Underwater Archeologist or employed by the Trust for the purpose of monitoring activity under a permit issued by the Trust under these regulations.

“National Historic Landmark” means a historic property that the U.S. Secretary of the Interior has designated a National Historic Landmark under 16 U.S.C. §470a(a).

“National Register” means the National Register of Historic Places, which is the national list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering, or culture maintained by the U.S. Secretary of the Interior under 16 U.S.C. §470a(a).

Noncommercial Applicant.

Object.

"Permittee' means a person authorized and given an exclusive license by the Trust to conduct any activity requiring a permit under these regulations.

“Person” means the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.

“Program” means the Maryland Maritime Archeology Program of the Trust authorized by the Act and these regulations.

“Reconnaissance survey” means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, age, distribution, and value of an area's submerged archeological historic properties, which may include data collection but does not include excavation, data recovery, or artifact recovery.

“Register” means the State Submerged Artifact Register established under Regulation .14 of this chapter.

“Secretary” means the Secretary of Planning.

“Site” means the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure including watercraft or shipwrecks, whether standing, ruined, or vanished, and its debris field where the location itself retains historical or archeological value regardless of the value of any existing structure.

“State” means the State of Maryland.

“State Underwater Archeologist” means the head of the Program as designated by the Secretary.

“Structure” means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization.

“Submerged” means beneath or substantially beneath the territorial waters of the State or situated in or on submerged lands.

“Submerged archeological historic property” means any submerged site, structure, watercraft, object, or remains which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture and which:

Submerged Lands.

“Substantively injure” or “substantive injury” means any action, disturbance, or influence which causes a change in the archeological context, the structural integrity, or the physical condition of a site to make it more vulnerable to loss, damage, destruction, or diminution of historic value.

“Territorial waters” means the navigable waters of the State as defined in the federal Abandoned Shipwreck Act of 1987, 43 U.S.C. §§2101—2106, and includes all:

“Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning.

Undertaking.

Involve excavation, destruction, or substantive injury of the historic property or its immediate environment;

Endanger other persons or property; or

Violate other regulations or provisions of federal, State, or local law.

Subject to the provisions of §§B(2) and (3) and C and D of this regulation, a person, without a permit, may collect from any one site not more than five individual artifacts that:

Artifacts may not be recovered from a site unless they can be obtained by hand or through the use of screwdrivers, wrenches, or pliers, which may be not larger than 12 inches in length and have a width across the jaws of not more than 2 inches.

After recovery of artifacts as prescribed in §B(1) and (2) of this regulation, a lift bag may be used solely for the purpose of transporting the artifacts to the surface.

A person who has received a permit under Regulation .09 or .10 of this chapter may not exercise the right to limited collection of artifacts under this regulation. The pertinent provisions of these regulations and the permit shall govern the permittee's collection of all artifacts.

If the activities or collection of artifacts by a person without a permit results in one or more of the prohibited actions set forth in §A of this regulation, the State has the right to restrict access to the site, to require that any artifacts recovered be turned over to the Trust, and to initiate proceedings under Regulation .15 of this chapter or to require that the person apply for a permit.

A person may not collect artifacts from a site that:

The sites referred to in §C(3) of this regulation shall be fully described on a register available for examination at the Program's principal office. The Program shall make copies available to the public upon request.

Persons who have collected objects in accordance with §B of this regulation shall furnish the Trust with a list of the objects and a description of the places from which the objects were recovered as soon as possible but not later than 30 days from the date of collection.

Review of Objects by Trust.

The Trust may establish a list of sites for which the Trust reserves the right to deny intensive survey permits and data recovery permits.

To be eligible for listing under §C(1) of this regulation, the site shall have been:

The list of sites referred to in §C(1) and (2) of this regulation shall be available for examination at the Program's principal office.

Applications for permits shall be made upon standard forms prescribed by the Trust. An application shall include at least the following information or items:

Research Plan.

The information regarding the personnel required by §D(1)(e) of this regulation shall include at least the following:

The Trust may require the applicant to submit pertinent archival, archeological, and other research data used by the applicant as the basis of the applicant's opinion required by §D(1)(c) of this regulation.

In the case of an intensive survey permit application for the purpose of confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter, the requirements in §D(1)(g) and (h) of this regulation are not applicable.

Application.

Amounts of permit application fees shall be as provided in a fee schedule set forth and revised from time to time by the Trust. The fees may vary depending upon the type of permit and other circumstances such as whether the applicant is a commercial applicant or a noncommercial applicant, and whether the applicant is a Maryland resident or institution or entity that is organized under the laws of Maryland.

Copies of the fee schedule shall be available for examination at the Program's principal office. The Program shall make copies available to the public upon request.

The Trust reserves the right to waive the permit application fee, in whole or in part, if the Trust considers it appropriate to adjust the reasonableness of the fee as a proportion of the potential value and risk in conducting the permitted activity to the anticipated costs of the Program to review, supervise, and administer the permit.

The permit application fee is nonrefundable, except that if the Trust rejects a permit application, the Trust may retain only that portion of the fee which covers the costs of reviewing the application, and shall return the remainder of the fee to the applicant.

The degree of archeological, anthropological, historical, or scientific importance of the proposed property;

The date the application was received by the Trust in order to give priority to the first applicant requesting a permit for a particular activity location;

The degree and scope of planning undertaken by the applicant, including readiness and financial feasibility and commitment to undertake and complete the proposed activity;

The level of the applicant's training and experience in the field of maritime archeology or submerged sites archeology;

The extent to which the applicant's responses in the application are complete and factual;

The extent to which the applicant possesses, or will possess at the commencement of the proposed activity, the necessary equipment and funding to undertake the activity;

The extent to which the proposed activity is consistent with the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, §5A-318(c)(4), Annotated Code of Maryland, and any other applicable federal, State, or local agency management plans; and

The degree of public benefit to be derived from issuance of the permit in relation to the degree of harm to the State's submerged archeological historic property to be expected from issuance of the permit.

Has made and the Secretary has approved a written determination that issuance of the permit is in the best interest of the State, taking into account the criteria under §B of this regulation and any other factor that may be relevant; and

Has made a written determination that the applicant has submitted a complete application, including a research plan, in form and content satisfactory to the Trust, which satisfies all of the requirements of Regulation .04 of this chapter.

The Trust may issue an intensive survey permit or a data recovery permit. A permit is exclusive to the applicant so that, for the duration of the permit and any applicable exclusive interest period, the Trust may not issue a permit to any other person for the same location.

An intensive survey permit may be issued to an applicant to carry out an intensive survey for the purpose of:

A data recovery permit may be issued to an applicant to conduct data recovery on submerged archeological historic property if the applicant has submitted evidence of submerged archeological historic property as a result of an intensive survey permit previously issued by the Trust for the same location.

The evidence in §A(3) of this regulation shall include, as applicable:

The applicant has designated and, if required, placed into escrow the costs associated with the Trust's monitoring of the permitted activity, if monitoring is required by the Trust under Regulation .07B of this chapter.

The applicant has identified and received the Trust's approval of the facility proposed to conduct conservation of any recovered artifacts.

In the case of a data recovery permit, the Trust and the applicant have agreed upon all issues of disposition and title to submerged archeological historic property which may be recovered by the applicant.

The applicant has furnished the Trust with a form of assurance acceptable to the Trust and adequate to guarantee that if activity under the permit is interrupted or abandoned, the necessary archeology, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the Trust. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the Trust. The type and amount of assurance may be negotiated between the applicant and the Trust, but the amount normally shall be a sum equal to at least five times the amount budgeted and approved by the Trust for field recovery, unless a lesser amount is determined by the Trust to be acceptable.

Any other condition the Trust considers necessary has been satisfied.

A person aggrieved by the decision of the Secretary may request a hearing in accordance with COMAR 05.01.01.

The hearing shall be held in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.

The duration of the permit;

The boundaries of the area in which permitted activity will be undertaken;

A description of the scope of permitted activity to be undertaken by the permittee, and, if a data recovery permit, a description of the artifacts expected to be recovered;

A listing of the key personnel, including the field archeologist, who will be conducting the permitted activity; and

A description of the expected types of activity that shall be undertaken by the permittee to restore the bottom contours of the submerged lands following completion of the intensive survey or data recovery.

A permit issued by the Trust may contain provisions requiring monitoring of the permit activity by a monitoring archeologist to ensure compliance with the provisions of the permit, the Act, and these regulations.

If a permit contains monitoring provisions, at least the following requirements apply:

The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the permitted activity is subject to prior approval by the Trust to assure that the overall qualifications of the permittee are consistent with those originally considered by the Trust in the issuance of the permit.

The Trust shall be afforded at least 10 business days to review the qualifications of proposed new personnel before approving their assignment. If the Trust fails to respond within the 10-day period, the new personnel are considered approved.

At all times there shall be a person designated by and acting for the permittee, aboard any vessel or present at any phase of the activity carried out under the permit, who is responsible for the activity and the proper accounting of all artifacts located or recovered, and who is familiar with, and responsible for compliance with, the terms and requirements of the permit.

At all times the activity shall be under the immediate supervision of a field archeologist with training or experience in maritime archeology that is acceptable to the Trust.

The monitoring archeologist, if any, shall ensure that the field archeologist complies with the research plan approved by the Trust.

Disputes or differences of opinion between the field archeologist and the monitoring archeologist concerning activities carried out under a permit issued by the Trust shall be resolved by the State Underwater Archeologist.

Changes in financial support or equipment for the permitted activity from that listed in the permit application shall be approved by the Trust.

The permittee shall notify the Trust of changes or proposed changes in financial support or equipment from that noted in the permit application. The notice shall contain information regarding the change in such form and detail as required by the Trust. The Trust shall be afforded at least 10 business days to review the changes before making a decision whether to approve the changes. If the Trust fails to respond within the 10-day period, the changes are considered approved.

The Director may revoke the permit if the Trust determines that changes or proposed changes in the financial support or the equipment for the permitted activity from that listed in the permit application are such as to decrease materially the permittee's ability to carry out and complete the permitted activity in accordance with the research plan approved by the Trust.

The Trust may require that security be provided and maintained for sites where submerged archeological historic property is discovered that warrants protection as determined by the Trust.

If the Trust determines that a site warrants protection, the permittee is responsible for providing and maintaining security for the site.

The State is not responsible for marking or protecting a site except as the Trust may determine to be desirable in the administration of these regulations.

During any activity carried out under a permit granted by the Trust, the permittee shall maintain logs of all activities related to the permit, on standard forms prescribed by the Trust, which shall include at least the following:

The permittee shall submit the original logs to the Trust at the time of filing of progress reports due under §O of this regulation.

The original logs shall remain the property of the State.

The permittee may not use any means of survey or excavation that would destroy or substantively injure a submerged archeological historic property before its location has been documented.

The permittee may not use explosives, cutterhead dredges, draglines, or propwash deflectors. Other forms of sediment displacement units may not be used without the prior consent of the State Underwater Archeologist, which consent may be given only in cases when the use of these methods is not likely to damage the artifacts or the archeological integrity of the permit area.

The permittee shall notify the State Underwater Archeologist of its intention to recover artifacts and the date or dates on which the recovery is planned. The permittee may not begin raising or recovering artifacts until it has received a response from the State Underwater Archeologist that either the monitoring archeologist will be present at the time of recovery or that the recovery may take place under the sole supervision of the field archeologist.

Recovery of artifacts shall be made strictly in accordance with the research plan approved by the Trust.

Large artifacts such as cannons, anchors, and hull remains, and other artifacts that require special handling due to fragility, material of construction, or other factors that would lead to their destruction or substantial damage from recovery, may not be recovered unless they have been specified for recovery in the permit, or the permittee has obtained specific consent of the State Underwater Archeologist.

Unless disposition of artifacts to the permittee in accordance with a disposition agreement has occurred, the permittee may not:

The permittee is wholly responsible for transporting, storing, insuring, and conserving all artifacts raised under the permit and for the costs associated with these activities.

The State Underwater Archeologist may grant exceptions to the requirement set forth in §I(1) of this regulation for noncommercial applicants that have made alternative arrangements satisfactory to the State Underwater Archeologist.

The permittee shall deliver or cause to be delivered by a safe means all artifacts recovered during each calendar month through the duration of the permit to the conservation facility approved by the Trust in accordance with Regulation .06B(3) of this chapter for secure storage, until the artifacts are treated and disposed of in accordance with the permit. The permittee shall ensure delivery of the artifacts to the conservation facility on or before the 15th day of the month following the calendar month in which the recovery of the artifacts occurred, unless a different period of time has been set forth in the permit.

An artifact delivered for storage to the conservation facility shall be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts through the signature of a person authorized by the facility to receive the artifacts from the permittee. One copy of the inventory shall be retained by the permittee, one copy shall be transmitted to the Trust, and one copy shall be kept with the artifacts at the conservation facility.

The Trust may designate separate storage areas for different types of artifacts.

While any artifact is in storage, the State may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact.

Comply fully with all applicable federal, State, or local safety regulations governing activities exercised under the privileges of the permit;

Agree to indemnify and hold harmless the State and the Trust from and against all liabilities in accordance with Regulation .17B of this chapter; and

Maintain adequate insurance coverage for workers' compensation and liability to cover all activities under the permit.

Ascertain whether other federal, State, or local laws and regulations govern the operations;

Comply fully with all the laws and regulations set forth in §L(1) of this regulation and apply for, receive, and fully comply with all necessary permits; and

Ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or State navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas, such as those protected under federal, State, or local law, order, or regulation.

Require the permittee to produce the permit for examination; and

Fully examine all activity done or being done under the permit and any artifacts before or after recovery.

The Trust may issue an intensive survey permit for up to a defined 1 square mile area.

An applicant may not be issued more than two permits for different locations to be in effect at the same time.

The Trust may issue an intensive survey permit for a duration of up to 9 months.

A permittee may request one renewal of the permit for an additional period of up to 3 months. Upon application and payment to the Trust of an additional fee not later than 15 days before the expiration of the permit, the Trust may renew, at the Trust's discretion, any permit under which the activity has been diligently prosecuted and the research plan faithfully followed if the Trust finds the renewal to be in the best interest of the State, taking into account the criteria under Regulation .05 of this chapter considered by the Trust at the time of original issuance of the permit, and any modifications and additional information relating to the permittee or to the location of permit activity. If the permittee has not completed the permitted activity at the expiration of the renewal period, the permittee shall apply for a new permit before conducting any further activities.

Upon request and payment to the Trust of an additional fee in the same amount as the initial fee, at any time throughout the duration of a permit, the permittee may reserve intensive survey rights in any square mile section that is adjacent to that portion of the original permit area which the permittee has shown to contain artifacts related to a specific site. Unless specifically approved by the Trust, the permittee may not carry out any activity in the reserved area until the Trust's issuance of an additional permit for the reserved area.

At its option, the Trust may issue an additional intensive survey permit for the requested reserved area without any subsequent additional fee if the Trust has determined that the permittee has diligently prosecuted and faithfully adhered to the terms of the initial permit.

Identify the source of anomalies;

Delineate the extent of the site; and

Evaluate the characteristics and significance of the submerged archeological historic property in consultation with the monitoring archeologist or other representative of the Trust.

A permittee may not recover artifacts other than a limited number of small diagnostic artifacts that will be useful in dating the site or in otherwise determining site significance.

Without the prior consent of the State Underwater Archeologist, the number of individual diagnostic artifacts that may be recovered under §D(1) of this regulation may not exceed 25.

Except as provided in §E(2) of this regulation, the Trust shall retain the State's title to all artifacts recovered through an intensive survey until disposition of the entire site collection is determined through the subsequent issuance of a data recovery permit to a permittee. If no data recovery permit is issued, the Trust shall retain the State's title to the artifacts and may grant rights of custodianship to all or a portion of the artifacts in the same manner, and in accordance with the same procedures and requirements described in §E(3)—(8) of this regulation.

The Trust may release the State's title to any artifacts recovered through an intensive survey if the Trust does not consider them to be of significant archeological or historical value.

The Trust may grant rights of custodianship to all or a portion of artifacts to which the Trust has retained the State's title in the manner set forth in §E(4)—(8) of this regulation.

The Trust shall issue certificates of custodianship for the artifacts which identify the artifacts and the persons who recovered them.

A certificate of custodianship confers only a license to possess an artifact and does not convey or transfer any right, title, or interest, tangible or intangible, in and to the artifact. The certificate shall set forth the terms of custodianship including, without limitation, the permitted manner of possession, control, display, conservation, and curation, and requirements for insurance and access for scholarly research.

If the Trust has determined that the custodian has violated any of the terms of custodianship set forth in the certificate of custodianship, the Trust may revoke the certificate and require that the artifacts be turned over to the Trust.

The custodian may not transfer custodianship of an artifact without the consent of the Trust. If, after the Trust has issued a certificate of custodianship, the custodian no longer desires to maintain possession of the artifact, the custodian shall return the artifact along with the certificate to the Trust, and the custodianship shall expire.

A certificate of custodianship issued under this section also shall contain a provision that if the permittee subsequently applies for a data recovery permit, the artifacts recovered during the intensive survey shall be considered part of the entire site collection eligible for purposes of title conveyance and disposition.

A permittee shall:

The Trust may approve by written determination an extension of up to 90 days to the 180-day exclusive interest period described in §F(1)(a) of this regulation if the:

If the Trust does not receive the data recovery permit application for the surveyed area within the 180-day period or the extended period, the Trust may then accept permit applications from other persons.

If the intensive survey of the permit area yields more than one site of submerged archaeological historic property, the permittee shall apply for a data recovery permit for each site in order to maintain exclusive interest in all sites.

If, as a result of an intensive survey permit issued by the Trust, an applicant has submitted evidence satisfactory to the Trust, or the Trust has otherwise determined, based upon the evidence or other information available to it, that the site is eligible to be designated as a National Historic Landmark, the Trust may deny issuance of a data recovery permit for the site if the Trust has made and the Secretary has approved a written determination that issuance of the permit is not in the best interest of the State.

If the Trust denies issuance of a data recovery permit in accordance with §H(1) of this regulation, then the Trust may propose to the Board a monetary award to an applicant to assist in the reimbursement of reasonable and necessary costs incurred by the applicant, in whole or in part, which directly resulted in data leading to designation as a National Historic Landmark site.

A decision by the Board with respect to a monetary award is not a contested case within the meaning of State Government Article, §10-201 et seq., Annotated Code of Maryland, or COMAR 05.01.01. The decision by the Board is final and binding and not subject to further administrative review.

Nothing contained in this chapter shall limit the authority of the Board in any matter brought before it from making such recommendations as it considers appropriate and in the best interests of the State.

The Trust may issue a data recovery permit for a single submerged archeological historic property within a defined area of submerged lands not larger than 1 square mile.

An applicant may not be issued more than one data recovery permit at a time unless the Trust determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the Trust, and that the permits can be properly supervised and administered by the Trust.

If an intensive survey permittee has applied for more than one data recovery permit in accordance with Regulation .09F(4) of this chapter but has been issued less than the number of permits for which the permittee applied, then, unless waived in writing by the permittee, the permittee is still entitled to reserve exclusive interest for data recovery purposes in the remaining application sites that are within the intensive survey area for a period of time not later than the expiration date of any data recovery permit that has been issued to the permittee, or any applicable renewal period, whichever is later.

The Trust may issue a data recovery permit for an appropriate period of time not to exceed a 1-year period. The permittee may request one renewal of the permit for the same additional period of time. Upon application and payment of an additional fee not later than 30 days before the expiration of the permit, the Trust may renew, in the Trust's discretion, any permit under which the activity has been diligently prosecuted and faithfully adhered to if the Trust finds the renewal to be in the best interest of the State.

The Trust may issue a data recovery permit to a commercial applicant only if:

Noncommercial Applicants.

Retain the State's title and control of recovered submerged archeological historic property;

Enter into a disposition agreement and convey the State's title to recovered submerged archeological historic property; or

Release the State's title to any recovered submerged archeological historic property that the Trust does not consider to be of significant archeological or historical value.

If the Trust determines that it is in the best interest of the State to enter into a disposition agreement with the permittee, the decision as to what portion of recovered submerged archeological historic property the State will retain shall be based upon the Trust's assessment of the historic and archeological significance of the property following the intensive survey.

General Guidelines.

Sites Designated or Eligible to be Designated as National Historic Landmarks.

If the Trust determines that it is in the best interest of the State to enter into a disposition agreement with the permittee, the agreement shall be included within the data recovery permit. The agreement shall document that the:

The disposition agreement shall be approved by the Board as required by State Finance and Procurement Article, §5A-340, Annotated Code of Maryland.

The Trust shall act as arbiter of the division of artifacts, giving due consideration to the fair treatment of the applicant and acting in the best interest of the State. In addition, the requirements of §C(4)—(6) of this regulation apply.

The division of artifacts shall be determined in the disposition agreement based upon the valuations set in accordance with §C(5) and (6) of this regulation. If it is a division in kind, the division applies to each classification of artifacts as specified in the data recovery permit.

An archeological valuation of the artifacts shall be determined according to an average valuation by a group of three archaeologists, including the field archeologist, the State Underwater Archeologist or designee, and a third archeologist mutually agreed upon by the Trust and the permittee. This valuation shall take into account the factors referred to in §B(2)(a)—(c) of this regulation and any other factors considered pertinent by the archaeologists.

A monetary market valuation of the artifacts shall be determined according to an average valuation by three independent appraisers, one of which shall be selected by the Trust, one by the permittee, and one mutually agreed upon by the Trust and the permittee. The permittee's costs of artifact recovery and conservation may not be considered in determining the valuation of recovered artifacts.

The Trust may grant rights of custodianship to all or a portion of artifacts to which the Trust has retained the State's title in the same manner, and in accordance with the same procedures and requirements, described in Regulation .09E(3)—(8) of this chapter.

The terms of a disposition agreement shall include a provision that, except as provided in §C(9) of this regulation, following the actual disposition of the artifacts, the permittee owns the artifacts free and clear of any interest of the Trust or the State.

The terms of a disposition agreement may include:

Obtain the Secretary's approval before initiation of the activity; and

Report to the Board on the activities within 45 days after initiation of activity.

The Trust shall establish a State Submerged Artifact Register for the registration and recordation of artifacts recovered from the State's submerged lands which the Trust considers to be of significant scientific, archeological, anthropological, historical, recreational, or other public value.

The Register shall be available to the public and shall contain at least a description of the artifacts, the person or persons who recovered them, and the scientific, archeological, anthropological, or historic significance of the artifacts.

The Trust may maintain additional information and documents pertinent to the artifacts in other records or databases within the Trust or the Department of Planning.

Through data, photographs, and any other means of documentation, the Trust may enter on the Register any artifact which is recovered in accordance with these regulations, including those recovered by:

At the discretion of the Trust, artifacts recovered from the State's submerged lands before the effective date of these regulations may also be entered on the Register.

The Trust may suspend operations under a permit at any time for just cause if there is reason to believe that the terms and provisions of a permit or other applicable law or regulation are being violated.

The suspension may become effective immediately if the Director or the State Underwater Archeologist:

If the emergency circumstances in §A(2) of this regulation do not exist, the suspension may not be undertaken unless the Director:

Upon conclusion of the hearing, the Director shall issue a written determination recommending either that the permit be restored or that the permit be revoked. If the Director recommends revocation of the permit, then the permit shall remain suspended until the matter is resolved under §§B and C of this regulation.

Failure to begin activity under the terms of the permit within the first ? of the term of the permit;

Failure to work diligently toward completion of the permitted activity after it has been started, or failure to maintain a presence on the site if weather permits;

Failure to comply with any of the provisions of the permit;

Violation of the Act, these regulations, or any other pertinent law or regulation; or

Improper issuance of a permit, for example, issuance based upon incorrect information, mistaken belief, or clerical error, or any other just cause as indicated by these regulations.

The Director shall serve upon the permittee a notice of intent to revoke a permit with a brief statement of the reason or reasons alleged. The notice may be:

The notice of intent to revoke shall provide that the permittee may request a hearing within 7 days of receiving the notice by filing a request for a hearing with the Secretary in accordance with COMAR 05.01.01.

Hearings shall be conducted, and a final decision shall be issued, in accordance with the provisions of COMAR 05.01.01 for the hearing of contested cases.

Nothing in these regulations may be construed as preventing the Trust from seeking any appropriate form of judicial relief against a permittee.

Apprehension. Any of the authorities referred to in Regulation .08N of this chapter may issue summonses to apprehend or cause to be arrested any person suspected of being in violation of a permit, the Act, or these regulations.

Right to Artifacts and Data. Notwithstanding any disposition agreement entered into under Regulation .12 of this chapter, the Director or anyone authorized by the Director may appropriate any artifacts and data that have been collected or recovered as a result of a violation referred to in §D(1) of this regulation. The appropriated materials shall be managed, cared for, and administered by the Trust.

If the Director's exercise of powers under §D(1) and (2) of this regulation gives rise to a contested case as defined in State Government Article, §10-201(c), Annotated Code of Maryland, the affected persons or permittees shall be afforded an opportunity for a hearing with the Secretary in accordance with COMAR 05.01.01.

A person or entity who violates the Act or these regulations is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 30 days, or both, with costs imposed at the discretion of the court, and, if the person or entity holds a permit issued under these regulations, the permit may be revoked by the court upon request by the Director.

A person or entity who violates the terms of a permit issued under these regulations to a commercial applicant is guilty of a misdemeanor and upon conviction is subject to a fine not to exceed $10,000 or imprisonment for a term not to exceed 1 year, or both, with costs imposed at the discretion of the court, and the permit may be revoked by the court upon request by the Director.

A separate offense exists for each day a violation described in this section continues.

If, in the course of activity permitted under these regulations, a person discovers human remains, an apparent grave site, or a war grave, the person shall do the following:

The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or State law and any pertinent international law, treaty, or agreement.

Right to Retain Data.

To the extent that information received by the Trust under these regulations is afforded protection under the Maryland Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, the Trust shall maintain the information in accordance with the provisions of that Act.

The State and the Trust may not be held liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a permit.

Permittees shall agree to protect, indemnify, and hold harmless the Trust and the State from and against any and all liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind and nature incurred by, or asserted or imposed against, the Trust or the State as a result of or in connection with the permit.

Money expended by the Trust or the State as a result of liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the permittee to the Trust or the State, as appropriate.

The Director or the Director's designee may take any action or make any decision required or permitted to be taken or made by the Trust under these regulations.

The Trust may establish from time to time detailed program guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of these regulations.

The waiver or variance is not inconsistent with the Act and other pertinent legal authorizations for the Program, if any;

In a written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act; and

The Office of the Attorney General approves the waiver for form and legal sufficiency.