Scope. 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: Embedded in submerged lands and have remained unclaimed for 100 years or longer; or On or embedded in submerged lands and are included in or have been determined eligible for inclusion in the National Register of Historic Places. 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: An intensive survey conducted in accordance with these regulations; or A determination by the Trust made either upon the Trust's initiation or upon filing of a report of finding in accordance with this subsection. These regulations do not: Limit or prohibit the use of privately owned land by the owner of the land, or require the owner to obtain a permit from the Trust for any activity on the privately owned land; or Abrogate or supplant any power of the State Highway Administration. Property of State—Exceptions. 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: Properties located on public lands of the United States or certain other lands, if any, as set forth in an exception to the federal Abandoned Shipwreck Act of 1987, 43 U.S.C. §2105(d); and Properties entitled to sovereign immunity under federal law or international law, treaty, or agreement, including without limitation, United States or foreign military or government vessels that have not been abandoned through formal action by the United States government or the flag nation. In this chapter, the following terms have the meanings indicated. Terms Defined. “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 collection” means the accumulation of data through methods that do not include excavation. “Data collection” includes the collection of artifacts that are exposed or resting on, but not embedded in, submerged lands. “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. “Intensive survey” means a field and archival investigation of an area designed to gather and identify fully information about submerged archeological historic properties sufficient to evaluate them against National Register criteria of significance within specific historical contexts. “Intensive survey” may include data collection, test excavation, data recovery, and artifact recovery on a limited basis. “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. “Noncommercial applicant” means a person who satisfies the provisions of §B(23)(b) of this regulation and is seeking a permit for the purpose of gathering data either for: Public exhibition, interpretation, or preservation and not for the purpose of producing income, profit, or gain; or Mitigation of adverse effects of a proposed activity on submerged archeological historic property as described in Regulation .04B of this chapter. If the noncommercial applicant is other than an individual, no part of the net earnings of the applicant may inure to the benefit of any private shareholder or individual holding an interest in the applicant. Object. “Object” means a material thing produced or resulting from human activity which has functional, aesthetic, cultural, historic, or scientific value. “Object” includes an artifact. "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: Satisfies the conditions set forth in Regulation .01A(3) and (4) of this chapter; and Does not fall within the exceptions contained in Regulation .01B(2) of this chapter. Submerged Lands. “Submerged lands” means all lands: Beneath or substantially beneath the territorial waters of the State; and Owned or controlled by the State that are below nontidal waters. “Submerged lands” does not include lands transferred by the State by a valid grant, lease, patent, or grant confirmed by Article 5 of the Maryland Declaration of Rights, to the extent of the interest transferred. “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: Tidal waters within the boundaries of the State up to but not above the mean high tide line and seaward to a line 3 geographical miles distant from the coast line of the State; Nontidal waters within the boundaries of the State that were navigable under the laws of the United States as of April 28, 1788, which is the date that Maryland ratified the U.S. Constitution, up to the ordinary high water mark as modified by accretion, erosion, and reliction. “Trust” means the Maryland Historical Trust, an agency within the Division of Historical and Cultural Programs of the Department of Planning. Undertaking. “Undertaking” means a project or activity by the Trust that involves or may lead to disturbance of submerged lands and that would otherwise require a permit under these regulations. “Undertaking” does not include activities which, in the Director's determination, should be conducted within 60 days in order to preserve submerged archeological historic property that is or may be of major scientific, archeological, anthropological, historical, recreational, or other public value and is threatened with imminent destruction or substantial damage. Access Without Permit. A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, or otherwise use and enjoy a submerged archeological historic property without being required to obtain a permit if the use or activity does not: 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. Limited Collection of Artifacts. 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: Are exposed or resting on the bottom sediments of submerged lands but are not embedded; Do not require excavation to recover; and Weigh cumulatively not more than a total of 25 pounds. 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. Restrictions. 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: Has been included in or determined eligible for inclusion in the National Register; Has been designated or determined eligible for designation as a National Historic Landmark; or Is entered on the Trust's list of sites for which permits will not be issued that is referred to in Regulation .04C of this chapter. 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. Artifacts Recovered Without Permit. 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 shall review each list of objects not later than 30 days from the date of receipt of the objects. The Trust may require reasonable access to any artifact for purposes of documentation, analysis, or conservation. The Trust may require an option or right of first refusal to acquire, in a manner acceptable to the owner, any artifact about which the Trust has made a written determination approved by the Secretary to be of exceptional scientific, archeological, anthropological, historical, recreational, or other public value to warrant acquisition by the Trust in certain circumstances. Activity Requiring Permit. A person may not excavate, destroy, or substantively injure submerged archeological historic property without a permit from the Trust. Waiver. If the activity by its nature is one that is subject to federal or State review under §106 of the National Historic Preservation Act, 16 U.S.C. §§470—470t, or State Finance and Procurement Article, §§5A-325 and 5A-326, Annotated Code of Maryland, and the person is complying with the provisions of those laws and any corresponding regulations, the Trust may waive the requirement of a permit under these regulations in order to avoid duplicate review. Sites For Which Permits May Be Denied. 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: Known and evaluated by the Trust either on the Trust's own initiative or in conjunction with an activity described in §B of this regulation; and Included in or determined eligible for inclusion in the National Register or for designation as a National Historic Landmark. 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. Application Requirements. Applications for permits shall be made upon standard forms prescribed by the Trust. An application shall include at least the following information or items: The precise position of the area of proposed activity, including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart; The water and, if applicable, sediment depth of the area of proposed activity; The applicant's opinion, based upon archival or archeological research, as to specific characteristics of the submerged archeological historic property including, at a minimum and when applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property; A proposed research plan that conforms to the requirements set forth in §D(2) of this regulation; Information regarding the personnel who will be performing the proposed activity, which conforms to the requirements in §D(3) of this regulation; A listing of the proposed equipment to be used in the proposed activity or that will be available for use; If the applicant is a partnership, firm, association, public or private corporation, or any other business entity: A copy of its organizational documents, including its charter or articles of incorporation and by-laws, A copy of the applicant's most current financial statement that has been examined and certified by an independent accountant, and An explanation of the applicant's proposed resources to support financially the proposed activity; and The appropriate permit application fee. Research Plan. The proposed research plan required by §D(1)(d) of this regulation shall: Consist of a description of the proposed methodology, identification, documentation, or other treatment of submerged archeological historic property that identifies the proposed activity's goals, methods and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments; Be in a form prescribed by the Trust detailing the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the proposed activity; Contain a justification of the specific techniques and methods proposed to be used; Conform to the standards for underwater archeology established by the Trust, and be designed to recover relevant scientific, historical, architectural, or other data as well as artifacts; and Include documentation that the facility proposed to conduct conservation of any recovered artifacts has agreed to do so within a time frame acceptable to the Trust. 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 research plan shall include all the elements in §D(2)(a) of this regulation except as may be specifically considered by the State Underwater Archeologist to be unnecessary in order to determine the age of submerged property or its eligibility for the National Register. The information regarding the personnel required by §D(1)(e) of this regulation shall include at least the following: The name and address of the applicant; The name and address of the field archeologist who will be immediately supervising the proposed activity; The names and addresses of all persons who will participate in the proposed activity; and A resume for each individual, including the field archeologist, listing relevant experience, training, and certifications in maritime archeology or related fields. 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. An application for a permit is not considered complete until all information requested on the application form and any other information requested by the Trust has been received by the Trust. After receipt of an otherwise complete application, the Trust may request additional information or documents as it considers necessary in order to make a determination whether to issue a permit. The Trust shall notify the applicant when the application is deficient. If an applicant has been notified that an application for a permit is deficient or has been informed that additional information or documents are required, the applicant shall provide the requested items within 20 days after the date the notice is mailed. If the applicant fails to respond within the 20-day period, the application shall be denied unless the applicant requests additional time and provides reasonable justification for an extension that is acceptable to the Trust. Fees. 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. Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations. Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit: 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. Required Determination. The Trust may not issue any permit under these regulations unless the Trust: 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. Permit Boundaries. Accompanied by the applicant, a representative of the Trust may visit the proposed activity location to determine the permit area boundaries and to confirm the information required by Regulation .04D(1)(a)—(c) of this chapter. Types of Permits. 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: Delineating the boundaries of a specific location which the applicant believes may contain submerged archeological historic property; or Confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter for applicability of these regulations. 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: Documentary evidence, including all primary and secondary sources consulted; Remote sensing data; and Artifacts recovered from a proven site context. Conditional Approval of Permit Applications. The Trust may approve a permit application but delay issuance of the permit until one or more of the following conditions have been satisfied within a time period determined by the Trust: 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. Denial of Permits. If the Trust determines not to issue a permit, the Trust shall issue a notice of denial. Reconsideration. An applicant may request reconsideration of a denial by submitting a request to the Secretary if received within 30 days following the date of the Trust's denial notice. The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration. Hearing. 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. Required Provisions. A permit issued by the Trust shall contain at least the following specific provisions: 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. Optional Provisions. 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: Except for certain noncommercial applicants that may be conducting the permit activities through a cooperative arrangement with the Trust, the permittee is financially responsible for the cost associated with the Trust's monitoring of the permitted activity; and The permittee shall act in accordance with the direction given by the monitoring archeologist, especially with respect to the methods of: Handling any artifact so as to minimize any risk of loss, damage, substantive injury to, or deterioration of, the artifact, Preserving from damage, decay, or deterioration any artifact by contact with air, light, or other causes of artifact degradation, Entering upon or dealing with any site so to avoid as much as possible any damage to the site, and Cataloguing, indexing, or recording any artifacts found upon or in the vicinity of any site. A permit issued by the Director also shall contain the following general terms and provisions in §§B—R of this regulation. Personnel. 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. Supervision. 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. Financial Support and Equipment. 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. Site Security. 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. Maintenance of Log Books. 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: A day log; A survey log; A diving log; A photographic log; and An artifact log, including registration numbering system. 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. Method of Survey or Excavation. 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. Recovery and Possession of Artifacts. 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: Devise, bequeath, transfer, convey, or dispose of by any manner an artifact recovered under the authority of a permit; or In any way change the shape, character, or form of an artifact recovered under the authority of a permit. Storage and Conservation. 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. Safety; Indemnification; Insurance. The permittee shall: 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. Restoration of Submerged Lands. The permittee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the permitted activity. Compliance with Laws and Regulations. The permittee shall: 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. Activity Inspection. In addition to any monitoring requirement that may be set forth in the permit, a representative of the Trust may visit and be present at the location of any operations carried out under a permit including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a permit has been granted to ensure compliance with the permit, the Act, and these regulations. Examination of Permits and Activity. At any time representatives of the Trust or other designated State enforcement authority, such as the Department of Natural Resources Police or the State Police, may: 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. Reporting; Inspection of Records. Permittees shall maintain such records and file such reports of activities as the Trust may specify in the permit. The records shall be open to inspection by representatives of the Trust during reasonable working hours. Assignment. A permit, or any part of it, may not be assigned by the permittee to any other person or entity, including a successor in interest of the permittee, without the prior consent of the Trust. The activity covered by a permit may not be contracted or subcontracted by the permittee to a party not addressed by the permit without the prior consent of the Trust. Responsibility for Operations. The permittee shall retain full responsibility for the operations conducted under the permit whether any of the activity has been contracted or subcontracted. Collection of Artifacts by Employees. The permittee shall prohibit its agents or employees from removing and keeping any artifact from a site. Conditions in Addition to General Conditions. The conditions set forth in this regulation for intensive survey permits are applicable in addition to the terms and conditions for all permits set forth in Regulations .06—.08 of this chapter. Restrictions; Renewal of Permit; Reservation of Interest. 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. Method of Survey or Excavation. With a minimum of disturbance to the site the permittee shall: 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. Recovery of Artifacts. 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. Title and Control of Artifacts. 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. Exclusive Interest Period. A permittee shall: Have an exclusive interest for data recovery purposes in the intensive survey permit area for a period of 180 days from the expiration date of the permit or any applicable renewal period, whichever is later, unless this interest is waived in writing by the permittee; Have an exclusive interest for data recovery purposes in all intensive survey areas reserved under §B(5) and (6) of this regulation for a period of 180 days from the expiration of any permit that has been issued to the permittee related to those areas or any applicable renewal period, whichever is later, if the permittee has: Conducted an intensive survey in accordance with the permit, and Not waived this interest in writing; and Apply for a data recovery permit in accordance with Regulation .10 of this chapter within the 180-day period to exercise either of the exclusive interests described in §F(1)(a) and (b) of this regulation. 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: Permittee submits a request for the extension explaining in detail the circumstances precluding application for a data recovery permit within the 180-day period; and Trust finds that the circumstances are sufficient to warrant an extension. 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. Reimbursement of Expenses Not Allowed. A permittee is not entitled to claim reimbursement of any expenses associated with the intensive survey of submerged archeological historic property or the transportation, storage, insurance, or conservation of artifacts recovered through the intensive survey. National Historic Landmark 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. Conditions in Addition to General Conditions. The conditions set forth in this regulation for data recovery permits are applicable in addition to the general terms and conditions for all permits set forth in Regulations .06—.08 of this chapter. Restrictions; Renewal of Permit. 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. Requirements for Issuance to Certain Applicants. The Trust may issue a data recovery permit to a commercial applicant only if: The Trust has made a written determination that one or more of the following conditions is met: The property to be excavated or disturbed is threatened with imminent destruction or substantial damage by natural factors or by human factors unrelated to the commercial excavation or disturbance of the submerged archeological historic property in question, The submerged archeological historic property is not of major scientific, archeological, anthropological, historic, recreational, or other public value, The proposed disturbance will be minor in scale and will produce information relevant to the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, §5A-318(c)(4), Annotated Code of Maryland, or The subject property of the permit will not be excavated by any other person in the foreseeable future and the historic property will remain submerged until that time; and The applicant has furnished a form of assurance acceptable to the Trust in accordance with Regulation .06B(4) of this chapter. Noncommercial Applicants. The requirements of §C(1) of this regulation also apply to noncommercial applicants seeking title to submerged archeological historic property (other than an agency or unit of the State). At its discretion, the Trust may apply the requirements of §C(1) of this regulation to all noncommercial applicants. Recovery of Artifacts. All artifacts shall be recovered from the areas disturbed, except those types of artifacts described in Regulation .08H(3) of this chapter, unless they have been specified for recovery in the permit or the permittee has obtained the consent of the State Underwater Archeologist. Upon the request of the permittee, or if considered necessary by the Trust, the Trust may issue a modification to the permit that can add, delete, or modify provisions contained in the permit if the modification is consistent with the Act and these regulations. General. The Trust may determine that with respect to a particular application for a data recovery permit under Regulation .10 of this chapter, it is in the best interest of the State to do any of the following, or a combination of any of the following: 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. Disposition. 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. Except as provided in §B(3) of this regulation, the following ranges for the division of recovered artifacts apply: For sites over 100 years old but not included in or eligible for inclusion in the National Register, the Trust shall retain the State's title to at least 5 percent but not more than 30 percent of the artifacts in accordance with a final valuation determined through §C(5) and (6) of this regulation; and For sites that are included in or eligible for inclusion in the National Register, regardless of age, the Trust shall retain the State's title to at least 20 percent but not more than 50 percent of the artifacts in accordance with a final valuation based upon the archeological and monetary market valuations determined through §C(5) and (6) of this regulation. The Trust shall determine the specific percentage within the ranges referred to in §B(2)(a) of this regulation by assessing the archeological value of the artifacts in relationship to the whole site. The Trust shall focus this assessment on whether the site contains any or all of the following: Cargo and, if so, whether it is of a repetitive nature or nonrepetitive nature; Items that were personal possessions of an individual; and Other artifacts that do not constitute cargo or personal possessions and, if so, whether they are unique or are repetitive as to the site. The Trust may make subsequent modifications to a determined percentage if it is later found that an evaluation of the site was incorrect due to reasons including misdating or misidentification, or the occurrence of unexpected cargo, personal possessions, or other artifacts. Sites Designated or Eligible to be Designated as National Historic Landmarks. For sites that have been designated or are eligible to be designated as National Historic Landmarks, there is a general presumption that the State's title to the artifacts will not be transferred to the permittee. In exceptional circumstances the Trust may consider transfer to the permittee of the State's title to artifacts from sites described in §B(3)(a) of this regulation if the Director has made, and the Secretary has approved, a written determination that the transfer will not significantly diminish the scientific, archeological, anthropological, or historical research value of the collection. In accordance with the same procedures and requirements described in Regulation .09E(3)—(8) of this chapter, the Trust may make up to 100 percent of the artifacts from sites described in §B(3)(a) of this regulation available through custodianship for display or exhibition. In addition, the Trust may consider requests that a limited number of the custodial artifacts may be placed into private collections of individuals who were related to the permit activities. Title Conveyance Requirements. 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: Trust and the applicant have agreed upon a division of the artifacts expected to be recovered which may be in value, in kind, or a combination of both; and Applicant has agreed that the applicant's share of the division constitutes reasonable compensation for the artifacts recovered to which the Trust determines to retain the State's title. 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: An option or right of first refusal by the Trust to acquire from the permittee after disposition of title one or more artifacts about which the Trust has made a written determination approved by the Secretary to be of exceptional scientific, archeological, anthropological, historical, recreational, or other public value to warrant reacquisition by the Trust in certain circumstances; and The terms of additional compensation to be received by the permittee if, after recovery of the artifacts, the Trust elects to retain title to more artifacts than originally provided for in the disposition agreement. Inspection After Recovery. A representative of the Trust and the permittee shall inspect all artifacts recovered under the permit within a reasonable period of time following recovery, but not later than 60 days after the expiration of the permit. Actual Disposition. The Trust and the permittee shall carry out the terms of disposition of artifacts as agreed upon in the permit which shall allow for a reasonable period of time for photography, study, research, and conservation of the artifacts before final disposition. Reimbursement for Expenses Not Allowed. The permittee is not entitled to claim reimbursement of any expenses associated with the recovery of submerged archeological historic property, including, without limitation, expenses of data recovery, transportation, storage, insurance, or conservation of artifacts. A permit is not required of the Trust for any undertaking otherwise requiring a permit under these regulations. Before initiating any undertaking, the Trust shall obtain approval from the Secretary and the Board. For activities which do not constitute an undertaking as defined in Regulation .02B(41) of this chapter, the Trust shall: 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. Establishment of Register. 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. Entry on Register. 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: Persons who received permits under Regulation .09 or .10 of this chapter; Persons who exercise the right under Regulation .03 of this chapter to limited collection of artifacts without a permit; and The Trust exercising its right under Regulation .13 of this chapter. 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. Treatment of Information. The Trust shall treat all information referred to in §§A and B of this Regulation in the same manner as that in regulation .17A of this chapter. Suspension of Permit. 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: Makes the determination referred to in §A(1) of this regulation; Finds that the public health, safety, or welfare imperatively requires emergency action; and Promptly follows the same procedures for notice to the permittee and an opportunity to be heard as described in §C of this regulation pertaining to revocation of permits. If the emergency circumstances in §A(2) of this regulation do not exist, the suspension may not be undertaken unless the Director: Makes the determination referred to in §A(1) of this regulation; and First implements the procedures for notice to the permittee and an opportunity for a hearing with the Director in accordance with the general procedures described in §C of this regulation pertaining to revocation of permits. 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. Revocation of Permit. Subject to the provisions of §C of this regulation, the Director may revoke a permit for any of the following reasons: 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. Procedure for Revocation. 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: Sent to the permittee by registered mail, return receipt requested; or Made through any other manner that accomplishes actual notice to the permittee. 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. Violations. 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. Penalties. 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. Submerged Graves. 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: Leave the remains undisturbed unless the remains are associated with a person who died in the course of diving operations; Immediately notify the appropriate law enforcement authorities and the State Underwater Archeologist or a representative of the Trust; and Suspend activity at the site until permitted to resume by the Trust. 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. Disputed Claim of Private Ownership. If a person is conducting or is proposing to conduct activities that would require a permit under this chapter on lands that the person claims are privately owned, and the Trust disputes the claim of private ownership, the person may proceed with the proposed activities only if the Trust has not notified the person or alleged owner within 30 days of the date the dispute was first known of the Trust's intention to fully contest the claim. Public Information. Right to Retain Data. Subject to the provisions of the Maryland Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland, the Trust reserves the right to retain and distribute for research or educational purposes data provided to the Trust under these regulations. The Trust may not release any data pertaining to the location where objects were found or collected without the consent of the person who collected the data except that, in the case of a permit, the Trust may release locational data following the expiration of the permit and any applicable exclusive interest period. 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. State Not Liable—Indemnification. 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. Program Administration. 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. Written Requirements. In order to be effective, all requests, notices, notifications, consents, and approvals required under this chapter shall be in written form. Waiver. The Secretary may waive or vary particular provisions of these regulations if: 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. False Statements. A person who knowingly makes or causes to be made a false statement or report that is material to an action taken by the Director or the Trust is subject to provisions of Regulation .15A—D of this chapter. State Finance and Procurement Article, §§5A-301, 5A-339, 5A-340, and 5A-341, Annotated Code of Maryland Effective date: January 2, 1993 (19:26 Md. R. 2284) Chapter recodified from COMAR 05.08.03 to COMAR 34.04.03