WILLIAM DONALD SCHAEFER, Governor                   Ch. 503

(3) DOES NOT VIOLATE EXISTING REGULATIONS OR
PROVISIONS OF LAW.

(B)  A PERSON MAY NOT EXCAVATE, APPROPRIATE, DESTROY, OR
SUBSTANTIVELY INJURE OR DISTURB AN A SUBMERGED ARCHAEOLOGICAL
HISTORIC PROPERTY ON LAND OWNED OR CONTROLLED BY THE STATE,
INCLUDING SUBMERGED LANDS OVER WHICH THE STATE HAS SOVEREIGN
CONTROL, AND ON LAND IN ANY CAVE, AS DEFINED IN § 5-1401 OF THE
NATURAL RESOURCES ARTICLE. SUBMERGED LANDS OVER WHICH THE STATE
HAS SOVEREIGN CONTROL WITHOUT A PERMIT FROM THE TRUST. NOTHING
CONTAINED IN THIS SUBTITLE ABROGATES OR SUPPLANTS ANY POWER OF
THE STATE HIGHWAY ADMINISTRATION.

(C)  THE TRUST SHALL ESTABLISH A PROGRAM FOR THE ISSUANCE
AND ADMINISTRATION OF PERMITS FOR ANY ACTIVITY INVOLVING THE
EXCAVATION, APPROPRIATION, DESTRUCTION, OR SUBSTANTIVE INJURY OR
DISTURBANCE OF SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY ON LAND
OWNED OR CONTROLLED BY THE STATE, INCLUDING SUBMERGED LANDS OVER
WHICH THE STATE HAS SOVEREIGN CONTROL, AND ON LAND IN ANY CAVE
SUBMERGED LANDS OVER WHICH THE STATE HAS SOVEREIGN CONTROL.

(D)  THE TRUST MAY ISSUE AN EXCLUSIVE PERMIT FOR THE
EXCAVATION, APPROPRIATION, DESTRUCTION, OR SUBSTANTIVE INJURY OR
DISTURBANCE OF SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY ON LAND
OWNED OR CONTROLLED BY THE STATE, INCLUDING SUBMERGED LANDS OVER
WHICH THE STATE HAS SOVEREIGN CONTROL, AND ON LAND IN ANY CAVE,
SUBMERGED LANDS OVER WHICH THE STATE HAS SOVEREIGN CONTROL TO ANY
PERSON OR ENTITY FOR SUCH PERIOD OF TIME AND UNDER SUCH
CONDITIONS AS THE TRUST MAY DEEM APPROPRIATE. AFTER AN AGREEMENT
HAS BEEN ENTERED INTO PURSUANT TO § 5-611(C) OF THIS ARTICLE,
PERMITS MAY BE ISSUED IF THE TRUST DETERMINES THAT:

(1)  ISSUANCE OF A PERMIT IS IN THE BEST INTEREST OF
THE STATE; AND

(2)  THE APPLICANT FOR SUCH A PERMIT HAS SUBMITTED A
RESEARCH PLAN THAT MEETS STANDARDS ESTABLISHED BY THE TRUST
REGARDING PROFESSIONAL QUALIFICATIONS, TECHNIQUES AND METHODOLOGY
FOR RECOVERY AND DISSEMINATION OF DATA, AND PROPER CONSERVATION
OF INFORMATION AND MATERIALS.

(E)  THE TRUST MAY NOT ISSUE A PERMIT TO A PERSON SEEKING
TITLE TO AN A SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY OR ANY
PORTION THEREOF, OR TO A PERSON OR ENTITY SEEKING TO UTILIZE AN A
SUBMERGED ARCHAEOLOGICAL HISTORIC PROPERTY FOR COMMERCIAL SALVAGE
OR OTHER INCOME-PRODUCING PURPOSES, UNLESS:

(1)  ISSUANCE OF SUCH A PERMIT IS CONSISTENT WITH THE
PURPOSES OF SUBSECTION (D)(2) OF THIS SECTION;

(2)  THE APPLICANT HAS POSTED A PERFORMANCE BOND IN AN
AMOUNT SUFFICIENT, IN THE TRUST'S DETERMINATION, TO GUARANTEE
PROVIDED THE TRUST WITH SOME FORM OF ASSURANCE ACCEPTABLE TO THE

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