Sec. 34.04.03.10. Special Conditions for Data Recovery Permits

A. 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.

B. Restrictions; Renewal of Permit.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

C. Requirements for Issuance to Certain Applicants.

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

(a) The Trust has made a written determination that one or more of the following conditions is met:

(i) 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;

(ii) The submerged archeological historic property is not of major scientific, archeological, anthropological, historic, recreational, or other public value;

(iii) 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

(iv) 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

(b) The applicant has furnished a form of assurance acceptable to the Trust in accordance with Regulation .06B(4) of this chapter.

(2) Noncommercial Applicants.

(a) 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).

(b) At its discretion, the Trust may apply the requirements of §C(1) of this regulation to all noncommercial applicants.

D. 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.