Ch. 503                                          LAWS OF MARYLAND

(B) NOTWITHSTANDING THE PROVISIONS OF § 5-611 OF THIS
SUBTITLE, BUT SUBJECT TO SUBSECTION (A) OF THAT SECTION AND THE
APPLICABLE PROVISIONS OF TITLE 10, SUBTITLE 3 OF THE STATE
FINANCE AND PROCUREMENT ARTICLE OF THE CODE, IF THE TRUST FIRST
DETERMINES THAT A CONVEYANCE IS IN THE BEST INTEREST OF THE
STATE, THE TRUST MAY CONVEY TO A PERMITTEE TITLE TO ANY SUBMERGED
ARCHAEOLOGICAL HISTORIC PROPERTY, OR PORTION THEREOF, RECOVERED
PURSUANT TO A PERMIT ISSUED UNDER § 5-620 OF THIS SUBTITLE.

(A) ALL SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY LOCATED
ON OR RECOVERED FROM SUBMERGED LANDS OVER WHICH THE STATE HAS
SOVEREIGN CONTROL IS THE PROPERTY OF THE STATE.

(B) TITLE TO SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY, OR
A PORTION THEREOF, LOCATED ON OR RECOVERED FROM SUBMERGED LANDS
OVER WHICH THE STATE HAS SOVEREIGN CONTROL MAY BE CONVENED BY THE
STATE TO A PERMITTEE PURSUANT TO A PERMIT ISSUED BY THE TRUST
UNDER § 5-620 OF THIS SUBTITLE, IF SUCH A PERMIT IS APPROVED BY
THE BOARD OF PUBLIC WORKS IN ACCORDANCE WITH THE APPLICABLE
PROVISIONS OF TITLE 10, SUBTITLE 3, OF THE STATE FINANCE AND
PROCUREMENT ARTICLE OF THE CODE.

(C)  (1) THE TRUST MAY ENTER INTO AGREEMENTS WITH PERMITTEES
FOR THE DISPOSITION OF RECOVERED SUBMERGED ARCHAEOLOGICAL
HISTORIC PROPERTY.

(2)  THE DISPOSITION MAY INCLUDE DIVISION OF THE
RECOVERED PROPERTY WITH THE PERMITTEE.

(3)  SUBJECT TO THE APPROVAL OF THE BOARS OF PUBLIC
WORKS, THE DIVISION MAY BE IN VALUE OR IN KIND, WITH THE TRUST
ACTING AS ARBITER OF THE DIVISION IN THE BEST INTEREST OF THE
STATE AND GIVING DUE CONSIDERATION TO THE FAIR TREATMENT OF THE
PERMITTEE. ANY AGREEMENT ENTERED INTO BY THE TRUST, HOWEVER,
SHALL PROVIDE FOR THE PERMITTEE TO RECEIVE REASONABLE
COMPENSATION FOR ANY RECOVERED SUBMERGED ARCHAEOLOGICAL HISTORIC
PROPERTY CLAIMED AND TURNED OVER TO THE STATE.

5-620.

(A) ANY PERSON MAY INSPECT, STUDY, EXPLORE, PHOTOGRAPH,
MEASURE, RECORD, OR OTHERWISE USE AND ENJOY AN A SUBMERGED
ARCHAEOLOGICAL HISTORIC PROPERTY ON LAND OWNED OR CONTROLLED BY
THE STATE, INCLUDING SUBMERGED LANDS OVER WHICH THE STATE HAS
SOVEREIGN CONTROL , WITHOUT BEING REQUIRED TO OBTAIN A PERMIT IF
THE USE OR ACTIVITY:

(1)  DOES NOT INVOLVE EXCAVATION, APPROPRIATION,
DESTRUCTION, OR SUBSTANTIVE INJURY OR DISTURBANCE OF SUCH
HISTORIC PROPERTY OR ITS IMMEDIATE ENVIRONMENT;

(2)  DOES NOT ENDANGER OTHER PERSONS OR PROPERTY; AND

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