reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.02 - Maryland Historical Trust Historic Preservation Loan Program › Section 34.04.02.13 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly make or cause to be made any material misstatement of fact, including an understatement or overstatement of financial condition, in a statement or report in or regarding an application for a loan or affecting a loan already made.
B. A person who violates any provision of this regulation is:
(1) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years, or both; and
(2) Subject to immediate cancellation and acceleration of the loan.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope.
(1) These regulations govern activities designated in Chapter 503 of the Acts of the General Assembly of 1988 known as the Submerged Archaeological Historic Property Act and codified within State Finance and Procurement Article, Title 5A, Subtitle 3, Annotated Code of Maryland. This act authorized the Maryland Historical Trust to establish a program for the issuance and administration of permits for certain activities relating to submerged archeological historic property. The program is known as the Maryland Maritime Archeology Program.
(2) The meanings of certain terms are set forth in Regulation .02 of this chapter.
(3) In accordance with the Act, these regulations apply solely to sites, structures, objects, or remains which yield or are likely to yield information of significance to the scientific study of human prehistory, history, or culture and which are:
(a) Embedded in submerged lands and have remained unclaimed for 100 years or longer; or
(b) On or embedded in submerged lands and are included in or have been determined eligible for inclusion in the National Register of Historic Places.
(4) In order to determine whether submerged property meets the criteria in §A(3) of this regulation, the person who discovers this property shall complete a report of finding on a standard form prescribed by the Trust and submit it to the State Underwater Archeologist within 14 days of discovery. The Trust shall make a determination of the age of the property or its eligibility for the National Register within 14 days of receipt of the report and notify the person submitting the report of the Trust's determination. If, in the opinion of the Trust, the report provides insufficient information to determine the age of the property or its eligibility for the National Register, the Trust may request that an intensive survey be conducted. Accordingly, submerged archeological historic property that is embedded in submerged lands is considered as having remained unclaimed for 100 years or longer until proven otherwise through:
(a) An intensive survey conducted in accordance with these regulations; or
(b) A determination by the Trust made either upon the Trust's initiation or upon filing of a report of finding in accordance with this subsection.
(5) These regulations do not:
(a) Limit or prohibit the use of privately owned land by the owner of the land, or require the owner to obtain a permit from the Trust for any activity on the privately owned land; or
(b) Abrogate or supplant any power of the State Highway Administration.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.03 - Activities Not Requiring Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Access Without Permit. A person may inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, or otherwise use and enjoy a submerged archeological historic property without being required to obtain a permit if the use or activity does not:
(1) Involve excavation, destruction, or substantive injury of the historic property or its immediate environment;
(2) Endanger other persons or property; or
(3) Violate other regulations or provisions of federal, State, or local law.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.04 - Application for Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Activity Requiring Permit. A person may not excavate, destroy, or substantively injure submerged archeological historic property without a permit from the Trust.
B. Waiver. If the activity by its nature is one that is subject to federal or State review under § 106 of the National Historic Preservation Act, 16 U.S.C. §§
										470- 470t, or State Finance and Procurement Article, §§ 5A -325 and 5A-326, Annotated Code of Maryland, and the person is complying with the provisions of those laws and any corresponding regulations, the Trust may waive the requirement of a permit under these regulations in order to avoid duplicate review.
C. Sites For Which Permits May Be Denied.
(1) The Trust may establish a list of sites for which the Trust reserves the right to deny intensive survey permits and data recovery permits.
(2) To be eligible for listing under §C(1) of this regulation, the site shall have been:
(a) Known and evaluated by the Trust either on the Trust's own initiative or in conjunction with an activity described in §B of this regulation; and
(b) Included in or determined eligible for inclusion in the National Register or for designation as a National Historic Landmark.
(3) The list of sites referred to in §C(1) and (2) of this regulation shall be available for examination at the Program's principal office.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.05 - Consideration of Permit Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discretionary Issuance of Permits. At its discretion, the Trust may approve or deny the issuance of permits under these regulations.
B. Criteria. The Trust shall consider at least the following criteria when determining whether to issue a permit:
(1) The degree of archeological, anthropological, historical, or scientific importance of the proposed property;
(2) The date the application was received by the Trust in order to give priority to the first applicant requesting a permit for a particular activity location;
(3) The degree and scope of planning undertaken by the applicant, including readiness and financial feasibility and commitment to undertake and complete the proposed activity;
(4) The level of the applicant's training and experience in the field of maritime archeology or submerged sites archeology;
(5) The extent to which the applicant's responses in the application are complete and factual;
(6) The extent to which the applicant possesses, or will possess at the commencement of the proposed activity, the necessary equipment and funding to undertake the activity;
(7) The extent to which the proposed activity is consistent with the Maryland comprehensive historic preservation plan prepared by the Trust under State Finance and Procurement Article, § 5A -318(c)(4), Annotated Code of Maryland, and any other applicable federal, State, or local agency management plans; and
(8) The degree of public benefit to be derived from issuance of the permit in relation to the degree of harm to the State's submerged archeological historic property to be expected from issuance of the permit.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.06 - Issuance of Permits; Conditional Approval; Denial and Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Types of Permits.
(1) The Trust may issue an intensive survey permit or a data recovery permit. A permit is exclusive to the applicant so that, for the duration of the permit and any applicable exclusive interest period, the Trust may not issue a permit to any other person for the same location.
(2) An intensive survey permit may be issued to an applicant to carry out an intensive survey for the purpose of:
(a) Delineating the boundaries of a specific location which the applicant believes may contain submerged archeological historic property; or
(b) Confirming that submerged property meets the criteria in Regulation .01A(3) of this chapter for applicability of these regulations.
(3) A data recovery permit may be issued to an applicant to conduct data recovery on submerged archeological historic property if the applicant has submitted evidence of submerged archeological historic property as a result of an intensive survey permit previously issued by the Trust for the same location.
(4) The evidence in §A(3) of this regulation shall include, as applicable:
(a) Documentary evidence, including all primary and secondary sources consulted;
(b) Remote sensing data; and
(c) Artifacts recovered from a proven site context.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.07 - Specific Permit Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required Provisions. A permit issued by the Trust shall contain at least the following specific provisions:
(1) The duration of the permit;
(2) The boundaries of the area in which permitted activity will be undertaken;
(3) A description of the scope of permitted activity to be undertaken by the permittee, and, if a data recovery permit, a description of the artifacts expected to be recovered;
(4) A listing of the key personnel, including the field archeologist, who will be conducting the permitted activity; and
(5) A description of the expected types of activity that shall be undertaken by the permittee to restore the bottom contours of the submerged lands following completion of the intensive survey or data recovery.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.08 - General Permit Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit issued by the Director also shall contain the following general terms and provisions in §§B-R of this regulation.
B. Personnel.
(1) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the permitted activity is subject to prior approval by the Trust to assure that the overall qualifications of the permittee are consistent with those originally considered by the Trust in the issuance of the permit.
(2) The Trust shall be afforded at least 10 business days to review the qualifications of proposed new personnel before approving their assignment. If the Trust fails to respond within the 10-day period, the new personnel are considered approved.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.09 - Special Conditions for Intensive Survey Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for intensive survey permits are applicable in addition to the terms and conditions for all permits set forth in Regulations .06-.08 of this chapter.
B. Restrictions; Renewal of Permit; Reservation of Interest.
(1) The Trust may issue an intensive survey permit for up to a defined 1 square mile area.
(2) An applicant may not be issued more than two permits for different locations to be in effect at the same time.
(3) The Trust may issue an intensive survey permit for a duration of up to 9 months.
(4) A permittee may request one renewal of the permit for an additional period of up to 3 months. Upon application and payment to the Trust of an additional fee not later than 15 days before the expiration of the permit, the Trust may renew, at the Trust's discretion, any permit under which the activity has been diligently prosecuted and the research plan faithfully followed if the Trust finds the renewal to be in the best interest of the State, taking into account the criteria under Regulation .05 of this chapter considered by the Trust at the time of original issuance of the permit, and any modifications and additional information relating to the permittee or to the location of permit activity. If the permittee has not completed the permitted activity at the expiration of the renewal period, the permittee shall apply for a new permit before conducting any further activities.
(5) Upon request and payment to the Trust of an additional fee in the same amount as the initial fee, at any time throughout the duration of a permit, the permittee may reserve intensive survey rights in any square mile section that is adjacent to that portion of the original permit area which the permittee has shown to contain artifacts related to a specific site. Unless specifically approved by the Trust, the permittee may not carry out any activity in the reserved area until the Trust's issuance of an additional permit for the reserved area.
(6) At its option, the Trust may issue an additional intensive survey permit for the requested reserved area without any subsequent additional fee if the Trust has determined that the permittee has diligently prosecuted and faithfully adhered to the terms of the initial permit.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.10 - Special Conditions for Data Recovery Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Conditions in Addition to General Conditions. The conditions set forth in this regulation for data recovery permits are applicable in addition to the general terms and conditions for all permits set forth in Regulations .06-.08 of this chapter.
B. Restrictions; Renewal of Permit.
(1) The Trust may issue a data recovery permit for a single submerged archeological historic property within a defined area of submerged lands not larger than 1 square mile.
(2) An applicant may not be issued more than one data recovery permit at a time unless the Trust determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the Trust, and that the permits can be properly supervised and administered by the Trust.
(3) If an intensive survey permittee has applied for more than one data recovery permit in accordance with Regulation .09F(4) of this chapter but has been issued less than the number of permits for which the permittee applied, then, unless waived in writing by the permittee, the permittee is still entitled to reserve exclusive interest for data recovery purposes in the remaining application sites that are within the intensive survey area for a period of time not later than the expiration date of any data recovery permit that has been issued to the permittee, or any applicable renewal period, whichever is later.
(4) The Trust may issue a data recovery permit for an appropriate period of time not to exceed a 1-year period. The permittee may request one renewal of the permit for the same additional period of time. Upon application and payment of an additional fee not later than 30 days before the expiration of the permit, the Trust may renew, in the Trust's discretion, any permit under which the activity has been diligently prosecuted and faithfully adhered to if the Trust finds the renewal to be in the best interest of the State.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.11 - Modification of Permit Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
Upon the request of the permittee, or if considered necessary by the Trust, the Trust may issue a modification to the permit that can add, delete, or modify provisions contained in the permit if the modification is consistent with the Act and these regulations.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.12 - Disposition of Artifacts - Conveyance of Title

Current through Register Vol. 51, No. 14, July 12, 2024
A. General. The Trust may determine that with respect to a particular application for a data recovery permit under Regulation .10 of this chapter, it is in the best interest of the State to do any of the following, or a combination of any of the following:
(1) Retain the State's title and control of recovered submerged archeological historic property;
(2) Enter into a disposition agreement and convey the State's title to recovered submerged archeological historic property; or
(3) Release the State's title to any recovered submerged archeological historic property that the Trust does not consider to be of significant archeological or historical value.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.13 - Activity by the Trust

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit is not required of the Trust for any undertaking otherwise requiring a permit under these regulations. Before initiating any undertaking, the Trust shall obtain approval from the Secretary and the Board.
B. For activities which do not constitute an undertaking as defined in Regulation .02B(41) of this chapter, the Trust shall:
(1) Obtain the Secretary's approval before initiation of the activity; and
(2) Report to the Board on the activities within 45 days after initiation of activity.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.14 - State Submerged Artifact Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. Establishment of Register.
(1) The Trust shall establish a State Submerged Artifact Register for the registration and recordation of artifacts recovered from the State's submerged lands which the Trust considers to be of significant scientific, archeological, anthropological, historical, recreational, or other public value.
(2) The Register shall be available to the public and shall contain at least a description of the artifacts, the person or persons who recovered them, and the scientific, archeological, anthropological, or historic significance of the artifacts.
(3) The Trust may maintain additional information and documents pertinent to the artifacts in other records or databases within the Trust or the Department of Planning.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.15 - Permit Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Suspension of Permit.
(1) The Trust may suspend operations under a permit at any time for just cause if there is reason to believe that the terms and provisions of a permit or other applicable law or regulation are being violated.
(2) The suspension may become effective immediately if the Director or the State Underwater Archeologist:
(a) Makes the determination referred to in §A(1) of this regulation;
(b) Finds that the public health, safety, or welfare imperatively requires emergency action; and
(c) Promptly follows the same procedures for notice to the permittee and an opportunity to be heard as described in §C of this regulation pertaining to revocation of permits.
(3) If the emergency circumstances in §A(2) of this regulation do not exist, the suspension may not be undertaken unless the Director:
(a) Makes the determination referred to in §A(1) of this regulation; and
(b) First implements the procedures for notice to the permittee and an opportunity for a hearing with the Director in accordance with the general procedures described in §C of this regulation pertaining to revocation of permits.
(4) Upon conclusion of the hearing, the Director shall issue a written determination recommending either that the permit be restored or that the permit be revoked. If the Director recommends revocation of the permit, then the permit shall remain suspended until the matter is resolved under §§B and C of this regulation.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.16 - Special Provisions and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Submerged Graves.
(1) If, in the course of activity permitted under these regulations, a person discovers human remains, an apparent grave site, or a war grave, the person shall do the following:
(a) Leave the remains undisturbed unless the remains are associated with a person who died in the course of diving operations;
(b) Immediately notify the appropriate law enforcement authorities and the State Underwater Archeologist or a representative of the Trust; and
(c) Suspend activity at the site until permitted to resume by the Trust.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.03 - Protection of Submerged Archeological Historic Property › Section 34.04.03.17 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Public Information.
(1) Right to Retain Data.
(a) Subject to the provisions of the Maryland Public Information Act, State Government Article, §§
											10-611 -10-628, Annotated Code of Maryland, the Trust reserves the right to retain and distribute for research or educational purposes data provided to the Trust under these regulations.
(b) The Trust may not release any data pertaining to the location where objects were found or collected without the consent of the person who collected the data except that, in the case of a permit, the Trust may release locational data following the expiration of the permit and any applicable exclusive interest period.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and authorizations for making and administering grants and providing assistance under the Historical and Cultural Museum Assistance Program of the Maryland Historical Trust, an agency within the Department of Planning. The objective of the Program is to provide grants and technical and advisory assistance to local jurisdictions and nonprofit organizations for the purpose of supporting the upgrade, care, research, interpretation, documentation, and display of the State's historical and cultural museum collections and operating support for museum-related activities.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.03 - Technical and Advisory Assistance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program may provide technical and general advisory assistance to museums for the purpose of:
(1) Assisting museums to become eligible for grants;
(2) Developing long-range plans;
(3) Becoming accredited by the American Association of Museums or other pertinent entity that provides museum accreditation; and
(4) Meeting professional museum standards.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.04 - Eligible Grant Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following are eligible to apply for grants under the Program:
(1) A nonprofit organization only if the:
(a) Organization is in good standing, qualified to do business in Maryland, and has the legal capacity and all necessary legal authority to incur the obligations involved in the grants provided under the Program;
(b) Museum which is to be the beneficiary of a grant has been in existence as a nonprofit institution organized and operated on a nonprofit basis for at least 3 years before the date of application; and
(c) Organization or museum has applied for recognition as a tax-exempt organization under § 501 of the Federal Internal Revenue Code, as amended;
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.05 - Eligible Grant Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligible grant activities under the Program are those activities designed to improve and upgrade the quality of existing or new museum programs and activities, and operating support for museum-related activities.
B. The activities in §A of this regulation are limited to:
(1) Research related to collections, exhibits, or other educational activities;
(2) Care, conservation, documentation, and interpretation of collections;
(3) Planning, design, and construction of exhibits and displays;
(4) Design and implementation of educational programs and activities;
(5) Development of master plans for the museum, including activities required to achieve accreditation by the American Association of Museums or other pertinent entity that provides museum accreditation;
(6) Construction of minor structural modifications;
(7) Development of plans and specifications and provision of architectural, engineering, or other special services directly related to the construction or rehabilitation of museum facilities; or
(8) Operating support for any museum-related activity including activities described in §B(1)-(7) of this regulation.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.06 - Grant Allocation Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant Solicitation.
(1) At least once during each fiscal year the Trust shall solicit applications for the award of grants under the Program.
(2) At least 90 days before an expected award of grants to grantees, the Trust shall:
(a) Issue a public announcement of the availability of funds under the Program describing:
(i) The application process;
(ii) The total anticipated funding available;
(iii) Eligible applicants and activities;
(iv) Eligible activity selection criteria;
(v) Special priorities and identified Statewide needs for grant awards; and
(vi) The timetable for application submission, activity selection, and grant award;
(b) Endeavor to send direct mail announcements to museums Statewide; and
(c) Issue a press release containing the public announcement.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.07 - Museum Assistance Review Panel

Current through Register Vol. 51, No. 14, July 12, 2024
A. There is established within the Trust a Museum Assistance Review Panel.
B. Membership.
(1) The review panel shall consist initially of nine members.
(2) The Secretary may appoint additional members as the responsibilities of the review panel may require.
(3) The review panel shall include the following members:
(a) Three ex officio members as follows:
(i) The President of the Senate of Maryland or the President's designee;
(ii) The Speaker of the House of Delegates of Maryland or the Speaker's designee; and
(iii) A representative of the Executive Branch, whose responsibilities relate to the purposes of the Program, designated by the Secretary;
(b) At least six other members, appointed by the Secretary, who shall:
(i) Equitably represent the geographical diversity of the State and the variety of museums eligible for grant assistance under the Program;
(ii) Have served in a museum-related capacity for a minimum of 3 years;
(iii) Serve terms of 3 years, except that initial members shall serve staggered terms of 1, 2, and 3 years;
(iv) Serve not more than two consecutive terms, and may not be reappointed again until at least 1 year has elapsed.
(4) Review panel members shall serve without compensation but are entitled to reimbursement for expenses as permitted by law.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.08 - Grant Application Review and Approval Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Review. The Trust staff shall accept for review all grant applications from eligible applicants postmarked or received by the due date. The Trust staff shall review and analyze all applications, determine whether proposed activities are eligible, and transmit applications together with staff comments to the review panel.
B. State Archivist's Review. All eligible applications that relate in whole or in part to the care or preservation of, or access to, archival material shall be transmitted to the State Archivist for review and comment. The State Archivist shall transmit comments to the review panel within 10 working days.
C. Review Panel Review and Recommendation. The review panel shall review all eligible applications and staff comments and shall evaluate, rank, and make recommendations on funding for eligible applications. The review panel shall transmit eligible application summaries, rankings, and funding recommendations to the Board of Trustees.
D. Trustees' Review. The Trustees shall review the review panel's recommendations and approve, disapprove, defer, or modify these recommendations. The Trustees shall transmit eligible application summaries, rankings, and the review panel's recommendations, together with the Trustees' recommendations, to the Secretary.
E. Secretary's Approval. The Secretary shall approve, disapprove, defer, or modify the Board of Trustees' recommendations. The Trust shall issue to each applicant a written notice of the Secretary's decision. The Secretary's decision is final and not a contested case within the meaning of State Government Article, §
									10-201 et seq., Annotated Code of Maryland.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.09 - Grant Terms and Conditions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Term. The period of a grant may not exceed 24 months from the date of the grant agreement unless the Secretary or the Secretary's designee agrees in writing to an additional grant period. Extensions may be granted only for 1 period of not more than 24 months.
B. Disbursement. Disbursement shall be made as the eligible activity progresses based upon requests for disbursement submitted by the grantee in a form satisfactory to the Trust.
C. Expenditure Rate. The Trust may:
(1) Cancel the grant and withhold any funds not yet disbursed if the grantee has not expended all grant funds within the period set forth in §B of this regulation, and the grant documents may prescribe a shorter period of time if the circumstances of the eligible activity warrant it; or
(2) Extend the time limit if the grantee demonstrates that the circumstances warrant extension, such as an inability to satisfy the time limit because of circumstances beyond the grantee's control.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.10 - Grantee Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Books, Accounts, and Records.
(1) Grantees, contractors, and subcontractors shall maintain those books, accounts, and records, using normally accepted accounting procedures, and shall file with the Trust those financial and other reports as the Trust may from time to time require. All of these books, accounts, and records shall be open to inspection by representatives of the Department or other agencies of the State during reasonable working hours before, during, or after the period of time during which grant proceeds are expended. Grantees shall make their administrative offices and personnel, whether full-time, part-time, consultants, or volunteers, available to the Department upon request.
(2) Books, accounts, and records of contractors and subcontractors shall be maintained and made available for inspection for up to 3 years after either the date of grantee's final expenditure of grant proceeds or the termination of the contractual relationship between the contractor and the grantee, whichever is later.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.11 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for waivers, any action or decision required or permitted to be taken or made by the Trust under these regulations may be taken or made by the Director or the Director's designee.
B. The Department may terminate a grant, refuse to make additional disbursements under the grant agreement, or suspend or debar a grantee as provided in COMAR 05.01.05, if the Secretary finds that the grantee is not complying with any of the requirements of the Program or the grant documents.
C. The Trust from time to time may establish operational handbooks or manuals governing matters relating to the Program, including descriptive statements of Program procedures which do not directly affect the:
(1) Rights of the public; or
(2) Procedures available to the public.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.04 - Historical and Cultural Museum Assistance Program › Section 34.04.04.12 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may not knowingly make or cause to be made any material misstatement of fact, in a statement or report in or regarding an application for a grant or affecting a grant already made.
B. A person who violates any provision of this regulation is:
(1) Guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both; and
(2) Subject to immediate cancellation and reimbursement of the grant.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations prescribe the policies, procedures, and requirements for the Maryland Historical Trust, an agency within the Department of Planning, to compile and maintain a Maryland Register of Historic Properties, as required by State Finance and Procurement Article, §§ 5A -318(c)(2) and 5A-323(b), Annotated Code of Maryland.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.02 - Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
A. The objectives of these regulations are to create a Maryland Register of Historic Properties, to provide procedures for the Maryland Historical Trust to list properties on the Maryland Register of Historic Properties, and to determine whether properties are eligible for listing.
B. Generally, properties will be listed on the Maryland Register of Historic Properties because they have been listed in, or determined eligible for listing in, the National Register of Historic Places under federal procedures. Other properties will be evaluated for eligibility for, and listed on, the Maryland Register of Historic Properties if the Maryland Historical Trust deems that the properties otherwise may be eligible for listing on the National Register but time or other circumstances will not permit evaluation or listing on the National Register under federal procedures.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.04 - Properties Included in the Maryland Register of Historic Properties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director shall list on the Maryland Register of Historic Properties all properties that are:
(1) Included as Maryland properties on the National Register;
(2) Nominated to the Maryland Register of Historic Properties by the SHPO under Regulation .05 of this chapter; or
(3) Determined eligible for listing on the Maryland Register of Historic Properties under Regulation .06 or .09 of this chapter.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.05 - Listing by Nomination

Current through Register Vol. 51, No. 14, July 12, 2024
The SHPO shall nominate a property to the Maryland Register of Historic Properties if:
A. The SHPO nominates, renominates, or makes major revisions to a nomination of the property to the National Register; or
B. A federal preservation officer has determined the property eligible for listing on the National Register and the SHPO has concurred in the determination.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.06 - Listing by Determination of Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initiating a Determination.
(1) A person may request that the Director evaluate a property for eligibility for the Maryland Register of Historic Properties when federal procedures may not permit a timely determination of eligibility of the property for the National Register.
(2) The Director may evaluate a property for eligibility for the Maryland Register of Historic Properties at any time that:
(a) The SHPO considers a request for certification that the property is eligible under the Internal Revenue Code for federal rehabilitation tax benefits;
(b) The Trust consults regarding the property with:
(i) A unit official under State Finance and Procurement Article, § 5A -325, Annotated Code of Maryland, or
(ii) An applicant for a permit, license, or financial assistance under State Finance and Procurement Article, § 5A -326, Annotated Code of Maryland;
(c) The Trust considers a request for certification under the Tax-General Article, Tax-Property Article, or State Finance and Procurement Article, § 5A -303, Annotated Code of Maryland, that the property is eligible for historic property tax benefits;
(d) The Trust has included the property in the State Submerged Artifact Register;
(e) The Trust reviews an application for a historic preservation grant for the property under State Finance and Procurement Article, § 5A -328, Annotated Code of Maryland;
(f) The Trust reviews an application for a historic preservation loan for the property under State Finance and Procurement Article, § 5A -327, Annotated Code of Maryland;
(g) The Trust reviews an offer of a historic preservation or conservation easement on the property; or
(h) A historic property located outside the State, of exceptional importance to the State, would be eligible for one of the programs described in §A(2)(a)-(g) of this regulation if the property were located in the State.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.07 - Criteria

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A property is eligible for the Maryland Register of Historic Properties if it:
A. Is located in the State, or is a property described in Regulation .06A(2)(h) of this chapter;
B. Possesses integrity of location, design, setting, materials, workmanship, and historic character and association;
C. Qualifies because it:
(1) Is associated with:
(a) Events that have made a significant contribution to the broad patterns of State history; or
(b) The lives of persons significant in the State's past;
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.08 - Removing Properties from the Maryland Register of Historic Properties

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A. The Director may remove a property from the Maryland Register of Historic Properties if the Director determines that the property:
(1) Was listed on the Maryland Register of Historic Properties in violation of the procedures established by these regulations; or
(2) If listed on the Maryland Register of Historic Properties under Regulation .04A(1) of this chapter, has been removed from the National Register.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.09 - Administrative Review

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A. A person may request that the Governor's Consulting Committee review the Director's determination of eligibility for compliance with:
(1) The criteria listed in Regulation .07 of this chapter; or
(2) The procedures under Regulation .06 of this chapter.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.10 - Public Information

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A. The Director reserves the right to retain and distribute information obtained by the Director under these regulations for statistical, research, or educational purposes, subject to the provisions of the Maryland Public Information Act.
B. If the information obtained by the Director under §A of this regulation relates to the location and character of a property and the Director determines under State Finance and Procurement Article, § 5A -323(c), Annotated Code of Maryland, that disclosure will create a substantial risk of harm, theft, or destruction to the property or the area or place where the property is located, the information shall be kept confidential.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.05 - Maryland Register of Historic Properties › Section 34.04.05.11 - Program Administration

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A. Operational Manuals. The Trust may establish from time to time operational handbooks or manuals relating to the Maryland Register of Historic Properties, including descriptive statements of procedures which do not affect directly the rights of, or the procedures available to, the public.
B. Waiver. The Director may waive or vary particular provisions of these regulations if:
(1) The waiver or variance is not inconsistent with the authorizing provisions of the Act; and
(2) In the written determination of the Director, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.06 - Transfer of Human Remains and Associated Funerary Objects › Section 34.04.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern implementation by the Maryland Historical Trust of Ch. 645, Acts of 1992, known as the Transfer of Human Remains Held by the Maryland Historical Trust Act and codified as State Finance and Procurement Article, §
									5A-339, Annotated Code of Maryland. The Act permits the Maryland Historical Trust to permanently transfer human remains and associated funerary objects in its possession, custody, or control to descendants and culturally affiliated groups. The Act also permits the Trust to temporarily transfer human remains and associated funerary objects to certain qualifying organizations or institutions for purposes of study. To the extent reasonably possible based on information known to the Trust, these regulations assure that transfers of human remains and associated funerary objects by the Trust, when permitted by the Act, occur with notice to and advice and input from lineal descendants, culturally affiliated groups, and other interested entities.
Code of Maryland Regulations › Title 34 - DEPARTMENT OF PLANNING › Subtitle 04 - HISTORICAL AND CULTURAL PROGRAMS › Chapter 34.04.06 - Transfer of Human Remains and Associated Funerary Objects › Section 34.04.06.03 - Repose of Human Remains in the Possession, Custody, or Control of the Trust

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A. Human remains in the possession, custody, or control of the Trust shall be placed in an appropriate place of repose.
B. A location is an appropriate place of repose if it is dedicated solely for disposition of human remains and assures that:
(1) The remains are not in open view of the general public;
(2) The remains are kept above or below ground, as appropriate, in conditions conducive to long-term preservation;
(3) The remains of specific individuals or groups of remains are not intermixed with remains unrelated by ethnicity, descent, or place of recovery;
(4) The remains of specific individuals or groups of related remains can be removed for purposes of:
(a) Transfer under Regulation .07 of this chapter to a lineal descendant or a group with a cultural affiliation; or
(b) Study under Regulation .09 or .10 of this chapter; and
(5) Members of the public do not have access to the remains except as may be permitted by staff of the Trust.