Title 12, Chapter 3, Section 82
( 12-3-82)
(a) Any person desiring to conduct investigation, survey, or
recovery operations, in the course of which any part of a submerged
cultural resource may be endangered, removed, displaced, or
destroyed, shall first make application to the department for a
permit to conduct such operations. The applicant shall submit a
detailed plan outlining the location, objectives, scope, methods,
plans for the preservation and storage of any submerged cultural
resources to be recovered, and such other information about its
proposed operation as the department may require. The applicant
shall also submit the name of the professional archeologist who will
supervise or conduct the operation. (b) If the department determines that the public interest and the
preservation and protection of the submerged cultural resource will
be served by allowing the operation for which a permit is sought,
the department shall grant a permit subject to such terms and
conditions as the department deems appropriate for the protection of
the public interest and the preservation and protection of the
submerged cultural resource. No permits shall be issued allowing
the permittee to retain any recovered submerged cultural resources,
or portion thereof, unless the department determines the resources
to be retained are of no significant historical, archeological, or
monetary value or are of such limited historical, archeological, or
monetary value as to be reasonable compensation for the efforts of
the permittee in furthering the public interest through the
investigation, survey, protection, preservation, or recovery of
other related underwater cultural resources. (c) Permits may be renewed upon or prior to expiration upon such
terms and conditions as the department deems appropriate. (d) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this part or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (d) of Code Section 12-3-52. (e) The department is authorized to contract with any person for the
investigation, survey, protection, preservation, or recovery of
underwater cultural resources on such terms and conditions as the
department deems appropriate. |