WILLIAM DONALD SCHAEFER, Governor                      Ch. 56

5.617.

(q) IN ACCORDANCE WITH THE REGULATIONS TO BE ADOPTED BY THE
TRUST UNDER SUBSECTION (F) OF THIS SECTION, THE [The] provisions
of this section [do not apply] MAY BE APPLIED to any undertaking
that is subject to § 106 of the National Historic Preservation
Act.

5-618.

(a)  In cooperation with the Trust and subject to available
resources, each State unit shall:

(1)  Establish a program to identify, document, and
nominate to the Trust all properties owned or controlled by the
unit that appear to qualify for inclusion in the Maryland
Register of Historic Properties;

(2)  Exercise caution to ensure that any property that
is listed in or determined eligible for the Maryland Register of
Historic Properties is not inadvertently transferred, sold,
demolished, destroyed, substantially altered, or allowed to
deteriorate significantly; and

(3)  Prior to acquiring, constructing, or leasing a
building for the purpose of carrying out the unit's
responsibilities, use, to the extent prudent and practicable, any
historic building under its control and available to the unit.

(b)  Each State unit shall initiate measures to ensure that
when, as a result of State action or financial assistance being
provided by the unit, a historic property is to be substantially
altered or destroyed, timely steps' shall be taken to:

(1)  Make appropriate investigations, records, or
salvage; and

(2)  Deposit the results of investigations, records,
recovered objects, and materials with the Trust.

(c)  Each State unit shall cooperate with the Trust by
providing, when requested, notice of applications for permits,
licenses, or financial assistance and by requiring, where
appropriate, consultation with the Trust by an applicant, prior
to final action by the unit on the request for a permit, license,
or financial assistance.

(d)  A State unit proposing to transfer surplus State-owned
properties listed in or eligible for the Maryland Register of
Historic Properties shall ensure that the proposed disposition
provides for the preservation or enhancement of the property
where prudent, practicable, and in the State's best interest.

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