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The Law and American Indian Grave Protection

Maryland Laws

Summaries follow of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Code of Maryland
Citation: Art. 83B, 5-621
Section Title: Historic funds and capital projects: privately owned lands; communication of information regarding archeological sites

Summary:

Exempts the owner of privately owned land or a guest of the owner from obtaining a permit from the Maryland Historical Trust for excavation or other activity at archeological sites on that land. Enables owners to petition the trust for protection of archeological sites on privately owned land if the trust determines that the property is eligible for the Maryland Register of Historic Properties and warrants such protection. Encourages persons who know the location of any archeological site in the state to provide such information to a museum, institution of higher education, a scientific or historical institution, or the Maryland Historical Trust.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Private Funds
    • Private Property

Code Book: Code of Maryland
Citation: Art. 83B, 5-625 through 5-626
Section Title: Historic funds and capital projects: terrestrial archeological excavations: permits required; issuance of permits

Summary:

Requires a permit from the Maryland Historical Trust for a person to excavate, appropriate, injure, or destroy, any terrestrial archeological site on state owned or controlled land. Enables the Maryland Historical Trust to grant a permit for such excavation to any qualified person or institution. Enables the trust to promulgate regulations for such excavations to assure proper safeguarding and preservation of the objects and materials at the site. Directs that such excavations shall be conducted only for the benefit of reputable museums, institutions of higher education, or other recognized scientific or historical institutions or organizations. Provides for state ownership of any object or material of historical or archeological interest or value found on state lands and requires the deposit of such objects for permanent preservation in a museum, institution of higher education, or a scientific or historical institution or organization.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Permit / Site Investigation Authority

Code Book: Code of Maryland
Citation: Art. 83B, 5-627
Section Title: Historic funds and capital projects: ownership and deposit of submerged or terrestrial archeological objects and materials

Summary:

Provides for state ownership of any object or material of historical or archeological interest or value found on a submerged or terrestrial archeological site on state lands and requires the deposit of such objects for permanent preservation in a museum, institution of higher education, or a scientific or historical institution or organization. Enables the Maryland Historical Trust to transfer any human remains in its possession, including Native American human remains, subject to applicable federal law, to an appropriate place of repose, or, if the cultural affiliation of such human remains and funerary objects can be established, to descendants of the deceased or to groups established as culturally affiliated with the deceased, including Native American tribes, bands, groups, or clans. Prohibits the transfer by the trust of Native American human remains and funerary objects to museums, institutions of higher learning, or other scientific or historical institutions or organizations for study. Directs the trust to consult with the Commission on Indian Affairs to adopt regulations to carry out the provisions of this section.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Disposition of Human Remains

Code Book: Code of Maryland
Citation: Art. 83B, 5-628 through 5-629
Section Title: Historic funds and capital projects: caves

Summary:

Requires a permit from the Maryland Historical Trust consistent with the provisions of 5-625 through 5-627 for a person who is trained in archeology to excavate or remove archeological, prehistoric, or historic features from a cave on state owned or controlled land or on privately owned land. Requires a permit from the trust for a person who is trained in archeology to excavate or remove archeological, prehistoric, or historic features from a cave on privately owned land subject to the following provisions: such permits may be issued for a period of up to two years and may be renewed upon expiration, and are not transferable. Requires that a person applying for a permit shall be trained in archeology; provide a detailed statement to the trust giving the reasons and objectives for and the benefits of the proposed excavation or removal; agree to provide data and results to the trust; obtain the prior written permission of the owner; and agree to carry the permit while exercising the privileges granted. Declares that any object or material of archeological, prehistoric, or historic value or interest found in a cave on privately owned land is the property of the owner of the land. Enables the Director of the Maryland Historical Trust to enforce the provisions of this subtitle relating to terrestrial archeological historical property and archeological historic property found in caves in the same manner as provided in 5-620 for submerged archeological historic property. Requires the director to provide notice of any hearing regarding an enforcement action under this section within 30 days of the action.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Cave Activity
    • Permit / Site Investigation Authority
    • Violation / Penalty / Enforcement

Code Book: Code of Maryland
Citation: Art. 83B, 5-630
Section Title: Historic funds and capital projects: violations of submerged and terrestrial archeological historic property provisions

Summary:

Declares a person found to be in violation of 5-620 or 5-625 through 5-628 or any regulations adopted thereunder regarding the protection of submerged or terrestrial archeological historic resources to be guilty of a misdemeanor and, upon conviction, subject to a fine not to exceed $1,000 or imprisonment not to exceed 30 days, or both, and to revocation of any permits issued by the Maryland Historical Trust, with each day of continued violation constituting a separate offense. Subjects a person who violates the terms of a permit issued under 5-620 to utilize a submerged archeological historic property for commercial salvage or other income-producing purposes to a fine not to exceed $10,000 or imprisonment for a term not to exceed 1 year, or both, and to revocation of any permits issued by the trust, with each day of continued violation constituting a separate offense. Directs that all materials and recorded information which are obtained in violation of the provisions of 5-620 or 5-625 through 5-628 shall be subject to appropriation by the state, and will be managed, cared for, and administered by the trust.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Code of Maryland
Citation: Health - - General Article, 4-215
Section Title: Burial permits, final disposition, transportation and disinterment

Summary:

(4) Prohibits the Department of Health from disclosing or allowing public inspection of information in a burial-transit permit record about the location of the site of a disinterment or reinterment if a local burial sites advisory board or the director of the Maryland Historic Trust determines that the site is historic property as defined in Art. 83B, 5-601, or that disclosure would create a substantial risk of harm, theft, or destruction to the site.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains

Code Book: Code of Maryland
Citation: Art. 27, 267A
Section Title: Unlawful removal of remains or associated funerary objects

Summary:

Declares that any person who knowingly sells, buys, or transports for sale or profit, or offers to buy, sell, or transport for sale or profit, within the state, any unlawfully removed human remains or any associated funerary object obtained in violation of Art. 27, 267 is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $5,000 or imprisonment not to exceed one year, or both. Exempts any person acting in the course of medical, archeological, educational, or scientific study, or with the proper permits from the Department of Health, from the provisions of this subsection. Directs that all human remains and associated funerary objects obtained in violation of this subsection or 265 through 267 are subject to appropriation by the state for management, care, and administration by the Maryland Historical Trust until a determination of final disposition as provided by law.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Disposition of Human Remains
    • Violation / Penalty / Enforcement



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