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NO. 35. AN ACT RELATING TO THE HISTORIC PRESERVATION OFFICER.

(H.464)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. LEGISLATIVE INTENT

The purpose of this act is to remove the title "director for the division for historic preservation" while preserving the full-time position in the classified service for the division for historic preservation.

Sec. 2. 22 V.S.A. § 722 is amended to read:

§ 722. State historic preservation officer *[and division

]*

*[director]*

*[

(a)]* The secretary shall nominate, and the governor shall appoint a state historic preservation officer, with the advice and consent of the senate, who shall fulfill the obligations and requirements of a state historic preservation officer as required under federal law, and shall have demonstrated interest, knowledge, and experience in applying the principles of historic preservation to his or her professional work. The state historic preservation officer shall supervise and direct the division *[of]* for historic preservation, subject to the general supervision and direction of the secretary.

*[

(b) The secretary shall appoint a director of historic preservation through the classified service. The director shall administer the operations of the division, subject to the supervision and direction of the state historic preservation officer. The director shall serve as the deputy state historic preservation officer, and shall discharge the duties and responsibilities of the state historic preservation officer in the state historic preservation officer’s absence. The director, with the approval of the historic preservation officer, may employ such staff as are necessary to carry out the purposes of this chapter.

]*

Sec. 3. 22 V.S.A. § 723(a) is amended to read:

(a) The state historic preservation officer shall, through the administration of the division *[by the director]*, and where required by section 742 of this title, with the approval of the advisory council on historic preservation:

* * *

Sec. 4. 22 V.S.A. § 725 is amended to read:

§ 725. Acceptance of funds or gifts for historic sites

With the approval of the secretary of administration, the state historic preservation officer *[or the director of the division for historic preservation]* may accept grants, gifts, donations, loans, or other things of value on behalf of the division for historic preservation for use by the division for historic preservation in establishing and maintaining displays and exhibits at any historic site, or restoring any historic site maintained and developed under section 723 of this chapter.

Sec. 5. 22 V.S.A. § 764 is amended to read:

§ 764. Permits for exploration

The *[director]* state historic preservation officer, with the advice of the state archeologist, may issue permits for exploration and field investigations to be undertaken on state lands or within the boundaries of designated state archeological landmarks to an amateur or professional whom the *[director]* state historic preservation officer deems properly qualified to conduct the activity, subject to such rules and regulations as the division may prescribe, with a view toward disseminating the knowledge gained through *[their]* his or her activities; and, provided that a summary report of the undertakings, containing relevant maps, documents, drawings, and photographs be submitted to the division; and, provided further, that all specimens so collected under permit shall be the permanent property of the state and that the state archeologist shall make prior arrangements for the disposition of specimens derived from the activities in an appropriate institution of the state or for the loan of the specimens to qualified institutions in or out of the state.

Sec. 6. 22 V.S.A. § 782 is amended to read:

§ 782. Issuance of permits

Any qualified person desiring to conduct any type of exploration or recovery operations, in the course of which any underwater historic property or part thereof may be removed, displaced or destroyed, shall first make application to the *[director]* state historic preservation officer for a permit to conduct the operations. The *[director]* state historic preservation officer, with the advice of the state archeologist, may grant the applicant a permit for such a period of time and under such conditions as he or she may deem to be in the best interest of the state. The permit may provide for the fair compensation to the permittee in terms of a percentage of the reasonable cash value of the objects recovered or a fair share of the objects recovered, the fair compensation or share to be determined by the state archeologist. Superior title to all objects recovered shall be retained by the state unless or until they are released to the permittee by the state archeologist. All exploration and recovery operations undertaken under a permit issued under this section shall be carried out under the general supervision of the state archeologist and in such manner that the maximum amount of historic, scientific, archeological, and educational information may be recovered and preserved in addition to the physical recovery of items. Permits may be renewed upon or prior to expiration. Holders of permits shall be responsible for obtaining permission of any federal agencies having jurisdiction prior to conducting any recovery operations.

Sec. 7. 22 V.S.A. § 791 is amended to read:

§ 791. Penalty

A person who conducts field investigation activities on or under any land owned or controlled by the state or within the boundaries of any designated state archeological landmark, without first obtaining a permit therefor from the *[director]* state historic preservation officer or any person who appropriates, defaces, destroys, or otherwise alters any archeological site or specimen located on or under state lands or within the boundaries of a designated state archeological landmark, except in the course of activities pursued under the authority of a permit granted by the *[director]* state historic preservation officer, shall be fined not more than $1,000.00 or imprisoned for not more than six months or both, and in addition, shall forfeit to the state all specimens, objects, and materials collected or excavated, together with all photographs and records relating to that material.

Sec. 8. REPEAL

22 V.S.A. § 701(2) (definition of director of the division for historic preservation) is repealed.

Approved: May 25, 2001