reglab/statecodes huggingface dataset:
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 7B - Priority Funding Areas › Section 5-7B-08 - Eligibility

(a)    To be eligible for funding for growth-related projects, a local government or two or more county governments shall certify to the Department of Planning any area designated by the local government or county governments as a priority funding area under § 5-7B-03 of this subtitle, which shall be consistent with the local comprehensive plan and the criteria set forth in § 5-7B-03 of this subtitle.
(b)    Prior to certification of a priority funding area or areas, the local government or county governments may submit the proposed priority funding areas and any relevant information to the Department of Planning for:
(1)    technical assistance, review, and comment; and
(2)    the opportunity for public review.
(c)    Upon certification of a priority funding area, the local government or county governments shall provide to the Department of Planning all information necessary to demonstrate the precise location of the area, including a map of the area showing planning and zoning characteristics, and existing and planned water and sewer services as appropriate.
(d)    The Department of Planning, as appropriate, shall provide to each State agency that funds growth-related projects copies of maps illustrating:
(1)    priority funding areas certified by the local government or county governments; and
(2)    any comments by the Department of Planning on the areas certified.
(e)    Prior to funding a growth-related project, the State funding agency shall obtain from the affected local government or county governments a written statement that the proposed growth-related project is located within a certified priority funding area.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 7B - Priority Funding Areas › Section 5-7B-09 - Review of Projects; Surveys for Infrastructure Needs

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Infill development” means new development in a priority funding area on vacant, bypassed, and underutilized lands within existing developed areas.
(3)    “Smart neighborhood development” means a comprehensively planned, compact mixed use development within a priority funding area that integrates residential, commercial, open space, and public uses.
(b)    The Department of Planning shall:
(1)    establish a process for the review of projects by the appropriate State agencies and the Department of Planning for compliance with this subtitle;
(2)    provide to each State agency and unit of State government the location of priority funding areas; and
(3)    make available to each county, and to the public for review, copies of maps illustrating:
(i)    priority funding areas certified by the local governments; and
(ii)    any comments by the Department of Planning on the areas certified.
(c)    By October 1, 1998, the Department of Planning shall complete surveys of municipal, county, and State governments for infrastructure needs and shall maintain a list of needed projects that includes information relating to the financial capacity of the affected unit of government to undertake such projects.
(d)    Repealed.
(e)    The Department of Planning shall:
(1)    draft model land–use codes for infill development and smart neighborhood development;
(2)    draft guidelines to provide local governments with information on innovative planning and implementation techniques to encourage and facilitate infill development and smart neighborhood development;
(3)    circulate the models and guidelines to other State agencies and departments; and
(4)    work with local governments, State agencies, and departments to develop incentives to encourage the voluntary adoption and implementation by local governments of models and guidelines implementing the intent of the models and guidelines required to be developed by the Department of Planning under this section.
(f)    Each State agency subject to this subtitle shall report annually to the Department of Planning on the implementation of this subtitle in a form approved by the Department of Planning.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 7B - Priority Funding Areas › Section 5-7B-10 - Actions; Decisions to Fund Projects

(a)    This section may not be construed to create a private cause of action for any person or local government.
(b)    A decision to fund a project or not to fund a project as required under this subtitle shall not be subject to Title 10, Subtitle 2 (Administrative Procedure Act - Contested Cases) of the State Government Article.
(c)    This subtitle may not be construed to prevent an agency from providing technical assistance in an area that is not a priority funding area.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part I - Definitions › Section 5-801 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the Patuxent River Commission.
(c)    “Plan” means:
(1)    the Patuxent River Policy Plan that has been approved by the General Assembly; and
(2)    all amendments to that Plan that are approved under this subtitle.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part II - Patuxent River Policy Plan › Section 5-805 - Amendment of Plan

(a)    (1)    The Department has primary responsibility for preparing proposed amendments to the Plan.
(2)    For the purpose of updating the Plan, the Department and the Commission shall together consider draft amendments to the Plan at least once every 5 years starting with October 1, 1995.
(3)    In preparing a proposed amendment, the Department shall consult with local jurisdictions and appropriate units of the State government, who shall:
(i)    provide the Department with pertinent information, including information on implementation of the Plan; and
(ii)    cooperate with and assist the Department in preparing the proposed amendment.
(b)    Before the Department presents a proposed amendment to the Plan to local jurisdictions for their approval, the Commission shall:
(1)    review and comment on the proposed amendment and work with the Department in making any modifications to the proposed amendment that the Commission considers necessary;
(2)    distribute copies of the proposed amendment to the Governor, appropriate members of the General Assembly, the local jurisdictions entitled to voting representation on the Commission, other affected local jurisdictions, and appropriate units of the State government, for their information and comments; and
(3)    conduct at least 1 public hearing on the proposed amendment.
(c)    After a proposed amendment to the Plan has been acted on by the Commission, the Department may present the proposed amendment to the governing bodies of the local jurisdictions entitled to voting representation on the Commission, for their approval, by resolution. The Department shall include any comments made by the Commission.
(d)    (1)    If the governing bodies of 6 of the 8 local jurisdictions entitled to voting representation on the Commission approve the proposed amendment, the Department shall present the proposed amendment to the General Assembly. The Department shall include any comments made by the Commission or by the governing bodies.
(2)    If the General Assembly, by joint resolution, approves the proposed amendment, the effective date of the amendment is immediate, unless otherwise specified in the amendment.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part II - Patuxent River Policy Plan › Section 5-806 - Duties of Department

(a)    After the General Assembly approves an amendment to the Plan, the Department shall:
(1)    present copies of the approved amendment to the Governor and to each local jurisdiction entitled to voting representation on the Commission, for their information; and
(2)    make copies of the amendment to the Plan available to the general public.
(b)    The Department continuously shall review and evaluate information related to the Patuxent River and its watershed.
(c)    The Department periodically shall make and assist local jurisdictions and units of the State government in making environmental assessments of:
(1)    comprehensive planning programs, as they relate to the Patuxent River and its watershed; and
(2)    major land use changes, major regulatory actions, and major rezonings whether proposed or implemented as they relate to the Patuxent River and its watershed.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part II - Patuxent River Policy Plan › Section 5-807 - Funds for Program

Funds for the Patuxent River planning program described in this subtitle may include:
(1)    money from the General Fund of the State;
(2)    proceeds of special assessments, permit fees, or other fees;
(3)    available special funds;
(4)    local contributions; or
(5)    federal grants.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part II - Patuxent River Policy Plan › Section 5-808 - Staff for Plan

The staff for the Patuxent River planning program described in this subtitle shall consist of or be supplemented by personnel from the local jurisdictions and State departments entitled to voting representation on the Commission.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part II - Patuxent River Policy Plan › Section 5-809 - Biennial Report

(a)    The Department shall review, evaluate, and report biennially to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on the implementation of the Plan and the status of the Patuxent River and its watershed.
(b)    The report shall include specific recommendations of the Department concerning implementation of the Plan and the bases for these recommendations.
(c)    Before presenting its report to the General Assembly, the Department shall present the report to the Commission for its comments. The Department shall include any comments of the Commission when it presents the report to the General Assembly.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part III - Patuxent River Commission › Section 5-815 - Election of Officers

(a)    From among its voting members, the Commission shall elect a Chairman.
(b)    From among its voting members, the Commission may elect a vice chairman and any other officers it requires.
(c)    The manner of election of officers and their terms of office shall be as the Commission determines.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5 - State Planning › Subtitle 8 - Patuxent River › Part III - Patuxent River Commission › Section 5-816 - Duties of Commission

In addition to its other powers and duties, the Commission shall:
(1)    review the operation of units of State and local government that have responsibility for implementation of the Plan;
(2)    provide a clearinghouse for information on the Patuxent River and its watershed;
(3)    review and comment on plans and reports related to the Patuxent River and its watershed; and
(4)    serve as the tributary strategy team for the Patuxent Watershed, coordinating the Patuxent tributary strategy with the Plan.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part I - General Provisions › Section 5A-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Director” means the Director of the Maryland Historical Trust.
(c)    “Financial assistance” means action by the State or a State unit to award grants, loans, loan guarantees, or insurance to a public or private entity to finance, wholly or partly, an undertaking.
(d)    “Governmental unit” means an agency, authority, board, commission, council, office, or other unit or instrumentality of the government of the State or of a political subdivision of the State.
(e)    (1)    “Historic property” means a district, site, building, structure, monument, or object significant to:
(i)    the prehistory or history of the State; or
(ii)    the upland and underwater archaeology, architecture, engineering, or culture of the State.
(2)    “Historic property” includes related artifacts, records, and remains.
(f)    “Nonprofit organization” means a corporation, foundation, or other legal entity, no part of the net earnings of which inures to the benefit of a private shareholder or individual holding an interest in the entity.
(g)    “Political subdivision” means a county or municipal corporation of the State.
(h)    “Preservation” or “historic preservation” means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a historic property.
(i)    “State Historic Preservation Officer” means the individual who administers the State Historic Preservation Program under the National Historic Preservation Act of 1966, 16 U.S.C. §§ 470–470mm.
(j)    “State unit” has the meaning stated in § 11–101 of the State Government Article.
(k)    “Submerged” means beneath or substantially beneath water.
(l)    “Terrestrial” means relating to land above the mean high tide line and above nontidal waters.
(m)    “Trust” means the Maryland Historical Trust.
(n)    “Undertaking” means a project that involves or may result in building construction, building alteration, or land disturbance.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part I - General Provisions › Section 5A-302 - Findings

The General Assembly finds that:
(1)    historic properties significant to the State’s heritage are being lost or substantially altered, often inadvertently, with increasing frequency;
(2)    historic properties are a vital part of our community life and development and cannot be replaced if lost or destroyed;
(3)    it is in the public interest to preserve the State’s heritage and enrich present and future generations with the cultural, educational, inspirational, social, and economic benefits of the past;
(4)    increasing knowledge of our historic resources, establishing better means of identifying and administering them, and encouraging their preservation will assist the economic and cultural growth of the State; and
(5)    the State’s heritage has been enriched by accomplishments and contributions of the State’s private preservation organizations, and their continuing activities are in the public interest.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part I - General Provisions › Section 5A-304 - Board of Public Works -- Acquisition of Historic Landmarks

(a)    (1)    On request by the Trust, the Board of Public Works may acquire part or all of any property that the Trust finds is a historic landmark worthy of public care and preservation.
(2)    The property may be acquired by gift or by purchase with any available money.
(b)    (1)    Under § 5A-318 of this subtitle, the Board of Public Works may select the Trust as the State unit to control and administer any property acquired.
(2)    For these purposes the Board of Public Works may transfer title to or an interest in the property to the Trust or to an appropriate governmental unit, private agency, or corporation, subject to covenants and conditions that call for the property to:
(i)    be properly maintained and controlled; and
(ii)    revert to the Board of Public Works on breach of any of these conditions or covenants.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part I - General Provisions › Section 5A-305 - Board of Public Works -- Architectural Easements in Annapolis

(a)    (1)    To preserve the architectural and scenic integrity and beauty of the State House and other nearby real properties owned or used by the State or a State unit, the Board of Public Works may acquire architectural easements in the following areas in the City of Annapolis:
(i)    around State Circle;
(ii)    on School Street opposite the Executive Mansion; and
(iii)    on the easterly side of North Street, between State Circle and College Avenue.
(2)    The areas listed in paragraph (1) of this subsection include:
(i)    the bed of the street and outer sidewalk areas to the building line on the outer perimeter; and
(ii)    an area extending outward 50 feet from that building line.
(b)    The Board of Public Works may acquire architectural easements by purchase, gift, exchange, or condemnation under Title 12 of the Real Property Article, with any available money.
(c)    The Board of Public Works may:
(1)    agree or contract with the owner or user of real property in the specified area to prohibit the owner or user from making any structural or other physical change in the property that the Board of Public Works determines would harm the architectural and scenic integrity and beauty of the property and the specified area; and
(2)    give the owner or user cash or other consideration, including a promise not to acquire an architectural easement by condemnation over part or all of the property while the owner or user complies with the agreement or contract.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-309 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Board” means the Board of Trustees of the Maryland Historical Trust.
(c)    “Trustee” means a member of the Board.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-310 - Maryland Historical Trust -- in General

(a)    There is a Maryland Historical Trust.
(b)    (1)    The Trust is an instrumentality of the State, is a body corporate, and has perpetual existence.
(2)    The General Assembly may terminate the Trust if the purposes of the Trust end.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-311 - Purposes of Trust

(a)    The purposes of the Trust are to:
(1)    preserve, protect, and enhance districts, sites, buildings, structures, and objects of significance in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State;
(2)    encourage others to do the same; and
(3)    promote interest in and study of those things listed in item (1) of this subsection.
(b)    The Trust is charitable and is intended to benefit the residents of the State.
(c)    The General Assembly may modify the Trust to carry out the purposes of the Trust.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-313 - Membership

(a)    (1)    The Board consists of 15 trustees.
(2)    The Governor, the President of the Senate, and the Speaker of the House of Delegates are ex officio trustees.
(3)    With the advice and consent of the Senate, the Governor shall appoint the other 12 trustees.
(b)    (1)    The Governor may delegate any or all of the Governor’s powers or duties as trustee to a member of the Executive Department of the State.
(2)    The President of the Senate may delegate any or all of the President’s powers or duties as trustee to a member of the Senate.
(3)    The Speaker of the House of Delegates may delegate any or all of the Speaker’s powers or duties as trustee to a member of the House of Delegates.
(c)    (1)    At least two of the trustees appointed by the Governor shall have:
(i)    an advanced degree in archaeology or a closely related field; and
(ii)    experience in archaeology.
(2)    Of the trustees who qualify under paragraph (1) of this subsection:
(i)    at least one shall have experience in submerged archaeology; and
(ii)    at least one shall have experience in terrestrial archaeology.
(3)    The Secretary shall advise the Governor on the appointment of trustees qualified under paragraph (1) of this subsection after consulting with the Advisory Committee on Archaeology established under § 5A-336 of this subtitle.
(d)    (1)    The term of an appointed trustee is 4 years.
(2)    The terms of appointed trustees are staggered as required by the terms provided for trustees on October 1, 2005.
(3)    If an appointed trustee fails to serve or to complete a term, the Governor shall appoint a successor for the rest of the term.
(e)    To the extent practicable and consistent with the purposes of the Trust, trustees shall be chosen, whether by delegation or appointment, to achieve a broad geographic distribution of trustees throughout the State.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-314 - Officers

(a)    The Board shall elect annually a chair, a vice chair, and a treasurer from among its trustees.
(b)    The Board shall determine how its officers are to be elected.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-315 - Quorum; Meetings; Compensation

(a)    Eight trustees are a quorum.
(b)    (1)    The Board shall meet at least twice a year at the times and places that it sets.
(2)    The Director appointed under § 5A-316 of this subtitle shall call a special meeting:
(i)    on order of the chair, on the chair’s own initiative; or
(ii)    at the request of four or more trustees.
(3)    (i)    The Director shall notify each trustee in writing of the time and place of a meeting at least 7 days before the meeting.
(ii)    The trustees may hold a meeting on less than 7 days’ notice if all trustees agree.
(c)    A trustee:
(1)    may not receive compensation for duties performed as a trustee; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-316 - Director

(a)    (1)    The trustees shall appoint a Director, with the approval of the Governor.
(2)    The Director is the chief administrative officer of the Trust.
(b)    The Director shall have:
(1)    knowledge in architecture, history, archaeology, or another appropriate discipline relating to historic preservation; and
(2)    experience in historic preservation or related fields.
(c)    The Director serves at the pleasure of the Board and may be removed with the concurrence of the Governor.
(d)    (1)    The Director is entitled to the salary provided in the State budget.
(2)    The Director may employ a staff in accordance with the State budget.
(e)    Under the direction of the Board, the Director shall perform the duties and functions that the Board prescribes.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-319 - Restrictions on Property Transfer, Sale, and Conveyance

(a)    Unless the Board of Public Works approves, the Trust may not dispose of any property transferred to it by the State or purchased with State money.
(b)    The Trust may not sell, convey, assign, or lease out any historic property solely for investment.
(c)    Before selling or conveying real or personal property listed in or eligible to be listed in the Maryland Register of Historic Properties, the Trust shall:
(1)    ensure that the proposed sale or conveyance provides for the preservation or enhancement of the property;
(2)    give preference to acquisition proposals that:
(i)    are made by political subdivisions or capable private nonprofit organizations qualifying under § 501(c)(3) of the Internal Revenue Code;
(ii)    provide for uses most compatible with the historic or architectural value of the property; and
(iii)    provide the greatest opportunity for public involvement, participation, education, and enjoyment; and
(3)    provide a 6-month option to purchase to entities that:
(i)    meet the requirements of item (2) of this subsection; and
(ii)    propose to purchase at the State-established appraised fair market value.
(d)    The reversion under a lease made by the Trust may not be redeemed at the option of the tenant unless the lease expressly provides that the reversion may be redeemed at the option of the tenant.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part II - Establishment and Organization › Section 5A-320 - Application for Change or Alteration of Property Subject to Historic Preservation

(a)    In this section, “general repair and maintenance” means work to correct damage from deterioration or wear and tear of a property, including maintenance, reconstruction, repair, repainting, and refinishing.
(b)    If an application for the change or alteration to a property subject to a historic preservation easement held by the Trust is for general repair or maintenance of the property, the Trust shall notify the applicant of the Director’s decision on the application on or before the earlier of:
(1)    the expiration of the period of time specified in the easement documentation in which the Trust is required to notify the applicant of the Director’s decision; or
(2)    90 days after the date the application or any supplement to an application is submitted to the Trust.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part III - Historic Funds and Capital Projects › Section 5A-322 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Council” means the Maryland Advisory Council on Historic Preservation.
(c)    “Historic Register” means the Maryland Register of Historic Properties.
(d)    “Preparation costs” means the costs of studies, surveys, plans and specifications, or architectural, engineering, and other special services.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part III - Historic Funds and Capital Projects › Section 5A-323 - Identification of Historic Properties

(a)    The Trust shall compile a Maryland Inventory of Historic Properties that consists of districts, sites, buildings, structures, and other objects of known or potential value to the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State.
(b)    (1)    The Trust shall compile a Historic Register to include all properties in the State that are listed in or eligible for listing in the National Register of Historic Places of the United States Department of the Interior.
(2)    The Trust shall adopt regulations specifying procedures and eligibility standards for including properties in the Historic Register.
(3)    The Director shall determine whether a property is eligible to be listed in the National Register of Historic Places.
(4)    (i)    The Director’s determination may be appealed to the Governor’s Consulting Committee on the National Register of Historic Places, which reviews nominations to the National Register under the National Historic Preservation Act.
(ii)    The determination of the Governor’s Consulting Committee is final.
(c)    The location and character of a historic property included in the Maryland Inventory of Historic Properties or the Historic Register shall be confidential if the Director determines that disclosure would create a substantial risk of theft of the property or damage to the property or to the area where the property is located.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part III - Historic Funds and Capital Projects › Section 5A-324 - Advisory Council on Historic Preservation

(a)    There is a Maryland Advisory Council on Historic Preservation.
(b)    (1)    The Council consists of seven voting members.
(2)    The ex officio members are:
(i)    the Secretary of General Services;
(ii)    the Secretary of Housing and Community Development;
(iii)    the Secretary of Planning; and
(iv)    the Secretary of Transportation.
(3)    The Governor shall appoint the other three members, of whom:
(i)    two shall be individuals with expertise in architecture, history, archaeology, or another appropriate discipline that relates to historic preservation; and
(ii)    one shall be a member of the general public.
(4)    An ex officio member may designate a deputy secretary from the member’s department to act in the member’s absence.
(c)    The Secretary of Planning serves as chair.
(d)    (1)    The term of an appointed member is 4 years.
(2)    The terms of the appointed members are staggered as required by the terms provided for members of the Council on October 1, 2005.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    (1)    A majority of the authorized membership of the Council is a quorum.
(2)    The Council shall set the times and places of its meetings.
(f)    A member of the Council:
(1)    may not receive compensation as a member; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(g)    The Director of the Trust is the secretary and staff to the Council.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part III - Historic Funds and Capital Projects › Section 5A-329 - Historic Marker Program Fund

(a)    In this section, “Fund” means the Historic Marker Program Fund.
(b)    There is a Historic Marker Program Fund in the Trust.
(c)    The purpose of the Fund is to produce and install historic markers at sites of statewide historical significance.
(d)    The Trust shall administer the Fund.
(e)    (1)    The Fund is a continuing, nonlapsing special fund that is not subject to § 7-302 of this article.
(2)    The State Treasurer shall hold and the Comptroller shall account for the Fund.
(f)    The Fund consists of:
(1)    money appropriated to the Fund in the State budget;
(2)    money recovered by the State to replace damaged or destroyed historic markers; and
(3)    money from any other source received for the benefit of the Fund.
(g)    The Trust may use money from the Fund to produce and install a historic marker at a site that the Trust determines to have statewide historical significance:
(1)    if the site is on State-owned land; or
(2)    if the site is not on State-owned land and at least one-half of the cost of producing and installing the historic marker is provided from sources other than the State.
(h)    Money in the Fund shall be invested in the same manner as other State money.
(i)    (1)    The Trust shall approve the form and text of historic markers produced and installed under this section.
(2)    Except as provided in paragraph (3) of this subsection, the Trust shall approve the location of a historic marker.
(3)    If a historic marker is to be placed within the right-of-way of a public highway or street, the unit of the State or the political subdivision that maintains the public highway or street shall approve the location and manner of installation of the historic marker.
(j)    The State owns the historic markers produced and installed under this section.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-333 - Definitions

(a)    In this part the following words have the meanings indicated.
(b)    “Archaeology Office” means the Archaeology Office established under § 5A-334 of this subtitle.
(c)    “Associated funerary objects” means objects that are reasonably believed to have been placed with individual human remains as a part of the death rite or ceremony of a culture.
(d)    (1)    “Cave” has the meaning stated in § 5-1401 of the Natural Resources Article.
(2)    “Cave” includes:
(i)    any naturally occurring void, cavity, recess, cavern, sinkhole, grotto, rock shelter, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge; and
(ii)    natural subsurface water and drainage systems.
(e)    “Committee” means the Advisory Committee on Archaeology.
(f)    “Human remains” means any part of the body of a deceased human being in any state of decomposition.
(g)    “Native American” means an individual or a descendant of an individual who inhabited North America before European contact.
(h)    “Submerged archaeological historic property” means any underwater structure, remains, or object that:
(1)    yields or is likely to yield information significant to the study of human prehistory, history, or culture; and
(2)    (i)    is so embedded in underwater land that excavating tools are needed to move the bottom sediments to reach all or part of it and has remained unclaimed for at least 100 years; or
(ii)    is included or is eligible to be included in the National Register of Historic Places.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-334 - Archaeology Office -- in General

(a)    There is an Archaeology Office in the Trust.
(b)    (1)    The Archaeology Office includes a research unit.
(2)    The research unit shall:
(i)    engage in and direct fundamental archaeological research;
(ii)    synthesize existing research information; and
(iii)    encourage archaeological research and investigation by museums, institutions of higher education, and scientific and historical institutions and organizations in the State.
(c)    (1)    The Director shall employ a Chief Archaeologist, a State Terrestrial Archaeologist, and a State Underwater Archaeologist in accordance with § 5A-316 of this subtitle.
(2)    (i)    Each archaeologist employed under this subsection shall have an advanced degree in archaeology or a closely related field from an accredited college or university.
(ii)    The Chief Archaeologist shall be a professional archaeologist.
(3)    The Chief Archaeologist is the administrative head of the Archaeology Office.
(d)    (1)    Except as provided in paragraph (2) of this subsection, the Archaeology Office includes all staff members of the Trust who are archaeologists or hired to perform archaeological work, including those who may be assigned archaeological-related functions in other units of the Trust.
(2)    The Archaeology Office does not include individuals specifically assigned to a park, museum, or other site-specific facility under the jurisdiction of the Trust.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-335 - Archaeology Office -- Duties

(a)    The Archaeology Office shall:
(1)    cooperate in excavating historically or archaeologically significant sites in the custody or control of any other State unit;
(2)    encourage the preservation of prehistoric or historic sites on privately owned land in the State;
(3)    coordinate the work of retrieving and preserving archaeologically significant objects and materials found during public construction in the State;
(4)    cooperate with and help museums, institutions of higher education, and other scientific or historical institutions and organizations in preserving and protecting objects and materials of archaeological nature in their custody or control;
(5)    cooperate with similar units of other states in preserving archaeologically significant sites, objects, and materials; and
(6)    keep institutions or units of other states from exploiting archaeologically significant sites, objects, and materials in this State.
(b)    The Archaeology Office also shall:
(1)    make available to museums, institutions of higher education, and other scientific or historical institutions and organizations objects and materials suitable for demonstrating the archaeological history of the State;
(2)    make available to public and private schools in the State exhibits on, and help to teach students about, the life of the early settlers and Native Americans of the State;
(3)    disseminate archaeological information by publishing reports of archaeological research and investigation; and
(4)    establish an educational program to train interested members of the public to identify, investigate, and register terrestrial archaeological historic property.
(c)    The Archaeology Office also shall:
(1)    prepare a list of prioritized research goals and objectives to guide the Trust and the Department’s Division of Historical and Cultural Programs in choosing archaeological research projects to perform;
(2)    develop, in consultation with the Committee, a policy that specifies the circumstances under which the Trust may directly perform archaeological investigations to comply with State or federal law that the Trust or the State Historic Preservation Officer administers; and
(3)    provide to the Committee each year a copy of the part of the Trust’s annual report to the Governor, required by § 5A-318(c)(16) of this subtitle, that relates to the Trust’s archaeological activities.
(d)    (1)    Except as provided in paragraph (2) of this subsection, an archaeologist who is not working for the Trust need not adhere to the archaeological research goals and objectives developed by the Archaeology Office under this section.
(2)    An archaeologist who performs a project governed by any State or federal law that the Trust or the State Historic Preservation Officer administers shall adhere to those goals and objectives to the extent required by law.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-336 - Advisory Committee on Archaeology

(a)    There is an Advisory Committee on Archaeology.
(b)    (1)    The Committee consists of seven members appointed by the Governor on recommendation of the Secretary and with the advice and consent of the Senate.
(2)    The Committee shall include representatives of reputable museums, institutions of higher education, other recognized scientific or historical institutions or organizations, and qualified private firms that provide archaeological services.
(c)    Each member of the Committee shall have skill and knowledge in archaeological matters.
(d)    (1)    The term of a member is 3 years and begins on July 1.
(2)    The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2005.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(e)    The Committee shall elect a chair from among its members.
(f)    (1)    The Committee shall meet at least four times a year at the times and places that the chair sets.
(2)    At every meeting at least one of the following officers shall attend:
(i)    the Chief Archaeologist;
(ii)    the State Terrestrial Archaeologist; or
(iii)    the State Underwater Archaeologist.
(g)    A member of the Committee:
(1)    may not receive compensation for duties performed as a member; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(h)    The Committee shall:
(1)    advise and assist the Archaeology Office on archaeological matters; and
(2)    review policies, plans, and regulations relating to archaeological matters.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-337 - Communication of Information About Archaeological Sites

A person who knows the location of an archaeological site in the State is encouraged to give the information to a reputable museum, an institution of higher education, another recognized scientific or historical institution or organization, or the Trust.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-338 - Archaeological Costs Incurred in State Projects

The costs of archaeological work incurred in a State project on a site of archaeological or historical significance shall be as stated in § 7-114.1 of this article.
2023 Maryland Statutes › State Finance and Procurement › Division I - State Finance › Title 5A - Division of Historical and Cultural Programs › Subtitle 3 - Maryland Historical Trust › Part IV - Archaeological Property › Section 5A-339 - Objects and Materials Found on Submerged or Terrestrial Archaeological Sites

(a)    Except as provided in subsection (b) of this section and elsewhere in this title, an object or material of historical or archaeological value or interest found on a submerged or terrestrial archaeological site on land that the State owns or controls:
(1)    is the property of the State; and
(2)    shall be deposited for permanent preservation with a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.
(b)    (1)    Subject to applicable federal law and paragraph (2) of this subsection, the Trust may transfer Native American or other human remains in its possession, custody, or control to an appropriate place of repose.
(2)    If the cultural affiliation of human remains and associated funerary objects in the possession, custody, or control of the Trust can be established, the Trust may transfer the human remains and associated funerary objects in the following order of priority to:
(i)    the descendants of the deceased; or
(ii)    a group established as culturally affiliated with the deceased, including a Native American tribe, band, group, or clan.
(c)    (1)    Except for human remains of Native Americans and associated funerary objects subject to subsection (b)(2) of this section, the Trust may transfer any human remains and associated funerary objects in its possession, custody, or control to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization for study, if:
(i)    the study is an essential part of scientific research;
(ii)    the outcome of the scientific research will benefit the State; and
(iii)    except as provided in paragraph (2) of this subsection, the study will be completed and the items returned to the Trust within 1 year after the date of the transfer.
(2)    (i)    If a transferee under this subsection makes a good faith effort but cannot complete a study within 1 year, the transferee may request an extension from the Trust.
(ii)    The Trust may grant the extension only in accordance with its regulations.
(d)    (1)    In consultation with the Commission on Indian Affairs, the Trust shall adopt regulations to carry out this section.
(2)    The regulations shall include:
(i)    procedures to determine the appropriate disposition of human remains for which descent or cultural affiliation cannot be established;
(ii)    specific time frames and procedures to extend a study of human remains and associated funerary objects beyond 1 year; and
(iii)    procedures to account for any human remains and associated funerary objects that temporarily are transferred for study to a reputable museum, an institution of higher education, or another recognized scientific or historical institution or organization.