Sec. 34.04.03.09. Special Conditions for Intensive Survey Permits

A. 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.

B. Restrictions; Renewal of Permit; Reservation of Interest.

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

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

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

(4) 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.

(5) 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.

(6) 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.

C. Method of Survey or Excavation. With a minimum of disturbance to the site the permittee shall:

(1) Identify the source of anomalies;

(2) Delineate the extent of the site; and

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

D. Recovery of Artifacts.

(1) 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.

(2) 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.

E. Title and Control of Artifacts.

(1) 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.

(2) 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.

(3) 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.

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

(5) 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.

(6) 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.

(7) 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.

(8) 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.

F. Exclusive Interest Period.

(1) A permittee shall:

(a) 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;

(b) 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:

(i) Conducted an intensive survey in accordance with the permit, and

(ii) Not waived this interest in writing; and

(c) 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.

(2) 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:

(a) 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

(b) Trust finds that the circumstances are sufficient to warrant an extension.

(3) 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.

(4) 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.

G. 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.

H. National Historic Landmark Sites.

(1) 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.

(2) 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.

(3) 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.

(4) 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.