§41-9-294. Permit etc., for exploration or excavation.  


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  • (a) Any qualified individual, company, corporation, or public institution desiring to conduct any type of exploration or excavation of cultural resources shall first make application to the commission for a permit or contract to conduct the operation. If the commission finds that the granting of a permit or contract is in the best interest of the state, it may, subject to the other provisions of this division, grant the applicant a permit or contract for a period of time and under those terms and conditions as the commission considers to be in the best interest of the state.

    (b) Holders of permits or contracts shall be responsible for obtaining permission of any federal agencies having jurisdiction, including, but not limited to, the United States Department of the Navy and the United States Army Corps of Engineers, prior to conducting those activities.

    (c) Permits or contracts may be issued or made for any of the following activities, without limitation:

    (1) Recreational diving permit or contract.

    (2) Exploration and evaluation permit or contract.

    (3) Excavation and recovery permit or contract.

(Act 99-595, p. 1364, §5.)