(A) The conditions set forth in this section for intensive survey licenses apply in addition to the terms and conditions for all licenses.

(B)(1) The institute may issue an intensive survey license for up to a defined one square mile area.

(2)(a) The institute may issue an intensive survey license for up to ninety days.

(b) The licensee may request in writing renewal of the license for one additional period of up to ninety days. Upon application and payment to the institute of an additional fee in the same amount as the initial fee no later than fifteen days before the expiration of the license, the institute may renew a license under which the work has adhered to the license if the institute finds the renewal to be in the best interest of the State.

(c)(i) Upon written request and payment to the institute of an additional fee in the same amount as the initial fee, at any time throughout the duration of a license, the licensee may reserve intensive survey rights in the square mile sections immediately surrounding and contiguous to the license area. Unless specifically approved in writing by the institute, the licensee may not carry out any activity in the reserved area until the institute's issuance of an additional license for the reserved area.

(ii) The institute may issue an additional intensive survey license for the requested reserved area without any subsequent additional fee if the institute has determined that the licensee has adhered to the terms of the initial license.

(C) With a minimum of disturbance to the site the licensee shall:

(1) identify the source of anomalies;

(2) delineate the extent of the site; and

(3) evaluate the potential characteristics and significance of the submerged archaeological historic property or submerged paleontological property in consultation with the monitoring archaeologist or other representative of the institute or museum.

(D) The licensee may not recover artifacts and/or fossil materials other than a limited number of small diagnostic artifactual and fossil materials that are useful in dating the site or in otherwise determining site significance.

(E) If the institute determines that the licensee has carried out the intensive survey in compliance with the license and this article, the institute may:

(1) retain the state's title and control of those artifactual and fossil items that the institute considers to be of primary scientific value or of major archaeological, anthropological, historical, paleontological, recreational, or other public value; and

(2) release the state's title to those artifactual and fossil items the institute does not consider to be of primary scientific value or of major archaeological, anthropological, historical, recreational, or other public value.

(F)(1)(a) Unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in the intensive survey license area for one hundred eighty days from the expiration date of the license. The licensee must apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest.

(b) If the licensee has reserved intensive survey rights in areas immediately surrounding and contiguous to the licensed one square mile section, then, unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in those reserved areas, if an intensive survey has been conducted in those areas, for one hundred eighty days from the expiration of a license related to those areas that has been issued to the licensee. The licensee shall apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest.

(2) If the institute does not receive the data recovery license application for the surveyed area within the one hundred eighty-day period or the extended period, the institute may then accept license applications from other persons.

HISTORY: 1991 Act No. 169, Section 1.