(A) The institute may issue an intensive survey license or a data recovery license. Each license is exclusive to the applicant so that, for the duration of the license and any applicable exclusive interest period, the institute may not issue a license to any other person for the same location.

(B) An intensive survey license may be issued to an applicant to carry out an intensive survey for the purpose of delineating the boundaries of a specific location which the applicant believes may contain submerged archaeological historic property or submerged paleontological property.

(C) A data recovery license may be issued to an applicant to conduct data recovery on submerged archaeological historic property or submerged paleontological property if the applicant has submitted positive results of an intensive survey license which was previously issued by the institute for the same location. The results must include, as applicable:

(1) documentary archival evidence, and if no documentary evidence is found, primary and secondary sources consulted must be listed;

(2) electronic remote sensing data; and/or

(3) artifactual or fossil specimen evidence recovered from a proven site context.

(D) A person who seeks to excavate or disturb submerged archaeological historic property or submerged paleontological property shall apply for a license from the institute. Upon receiving a report of a submerged archaeological historic property or submerged paleontological property, the institute shall, within sixty days of receipt of the report, assess the property to determine its significance.

(E) The institute may waive the requirement of a license under this article if the activity underlying the license is an undertaking that is subject to Section 106 of the National Historic Preservation Act and the applicant is complying with the provisions of that law and any corresponding regulations.

(F) Applications for licenses must be made upon standard forms prescribed by the institute. Each application must include at least:

(1) the precise position of the project location including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart;

(2) the depth of the project location;

(3) the applicant's opinion based upon archival or archaeological research as to specific characteristics of the submerged archaeological historic property including, at a minimum and where applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property. In the case of submerged paleontological property, the applicant's opinion based upon archival or paleontological research as to specific characteristics of the submerged paleontological material including, at a minimum and where applicable, size, geologic time period, type and identity, and the general condition of the fossils. The institute may also require the applicant to submit pertinent archival, archaeological, paleontological, and other research data utilized by the applicant as the basis of the applicant's opinion;

(4) a proposed research plan which must conform to the standards of underwater archeology established by the institute and designed to recover relevant scientific, historical, architectural, paleontological or other data as well as artifacts. It must be in a form prescribed by the institute and detail the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the work. The proposed research plan must also consist of:

(a) a description of the proposed methodology, identification, documentation, or other treatment of submerged archaeological historic property or submerged paleontological property that identifies the project's goals, methods, and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments;

(b) a justification of the specific techniques and methods proposed to be used;

(5) information regarding the personnel who will be performing the work. This information must include at least the following:

(a) the name and address of the applicant;

(b) the name and address of the field archaeologist who will be immediately supervising the work;

(c) the names and addresses of all persons who will participate in the work; and

(d) a listing for each individual, including the field archaeologist, of his relevant experience, training, and certifications in maritime archeology or related fields.

(6) a listing of the proposed equipment to be used in the work or that will be available for use;

(7) a copy of the applicant's most current financial statement and an explanation of the applicant's proposed resources financially to support the work; and

(8) the appropriate license application fee.

HISTORY: 1991 Act No. 169, Section 1.