Purpose, Definitions, Excluded Areas and Sites, Project Archaeologist Qualifications, Project Archaeologist Responsibilities, Application Procedures, Additional Requirements for Exploration Permits, Permit Modification, Permittee Required to Give ...
DEPARTMENT OF STATE
Division of Historical ResourcesRULE NO: RULE TITLE
1A-31.0012: Purpose
1A-31.0015: Definitions
1A-31.0045: Excluded Areas and Sites
1A-31.030: Project Archaeologist Qualifications
1A-31.036: Project Archaeologist Responsibilities
1A-31.040: Application Procedures
1A-31.065: Additional Requirements for Exploration Permits
1A-31.075: Permit Modification
1A-31.080: Permittee Required to Give Notice of Change
1A-31.085: Permit Suspension and Revocation
1A-31.090: Disposition of Archaeological Materials, Title to Archaeological Materials ConveyedNOTICE OF CHANGE
A previous Notice of Change was published in Vol. 35, No. 12, of the March 27, 2009, FAW. The following changes are being made in response to written comments submitted by the staff of the Joint Administrative Procedures Committee as well as comments received in response to the original notice of proposed rulemaking.
1. In Rule 1A-31.0012, in the second sentence, the word “salvage” shall be replaced with the word “recovery.”
2. In Rule 1A-31.0015, subsection (10) shall read:
(10) “Project Archaeologist” means the professional underwater archaeologist who meets both the Secretary of Interior’s minimum Standards for Professional Qualifications of January 1, 2009, which are incorporated herein by reference, and the specific standards set forth in Rule 1A-31.030, F.A.C.
3. In Rule 1A-31.0045(3), the phrase “herein incorporated by reference” shall be deleted.
4. In Rule 1A-31.0045, the last sentence of subsection (9) shall read: “Significance shall be measured against the criteria established for National Historic Landmark designation, per 36 C.F.R. sec. 65.4 “National Historic Landmark criteria,” effective as of February 2, 1983, which is herein incorporated by reference.”
5. In the second sentence of the introductory paragraph of Rule 1A-31.030, the phrase “or subsequent official version, herein incorporated by reference” shall be deleted.
6. In Rule 1A-31.036, subsection (1) shall read: “Ensure that professional archaeological standards, consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C., are maintained throughout the course of the project;”
7. In Rule 1A-31.036, subsection (4) shall read: “Based on their professional judgment, personally be present and visually inspect excavations when significant archaeological material clusters and/or areas of articulated ship’s structure are being excavated, at such times as may be necessary to properly interpret the historic shipwreck site, and as needed in order to prepare an interim or final report consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C.;”
8. In Rule 1A-31.036, subsection (5) shall read: Ensure that adequate records are maintained during all remote sensing, testing, excavation, recovery and conservation and stabilization of recovered artifacts as needed in order to prepare an interim or final report consistent with the standards and guidelines for archaeological reports in Rule 1A-46.001, F.A.C.; and ”
9. In Rule 1A-31.040, subsection (1) shall read: “(1) Applications for permits issued under this chapter shall be made on forms prescribed by the division. Application forms may be requested in writing at the division’s address in Rule 1A-31.0032, F.A.C. Application for Exploration Permit (Form HR6E9001-08), (4/09) is herein incorporated by reference, effective_______. Application for Recovery Permit (Form HR6E9002-08), (4/09) is herein incorporated by reference, effective ________.”
10. In Rule 1A-31.065, subsection (1) shall read: “The division will approve the excavation and recovery of those artifacts which will assist in the identification of age and type of historic shipwreck site being investigated. No excavation or displacement of archaeological materials shall be conducted unless approved in writing by the division in the form of an amendment to the Exploration Permit. No archaeological materials shall be recovered unless approved in writing by the division in the form of an amendment to the Exploration Permit. All archaeological materials recovered under an Exploration Permit shall be included in the pool of artifacts considered for transfer to the permittee if a recovery permit is issued, per Rule 1A-31.090, F.A.C.”
11. Rule 1A-31.075 shall read: “Permit modifications may be requested in writing by the permittee. Requests for permit modifications will be evaluated against the conditions of the permit, the requirements of this chapter, and the project research design developed by the project archaeologist, per subsection 1A-31.036(2), F.A.C. The division will respond in writing to requests for modification within 30 days.”
12. In Rule 1A-31.080, the last sentence shall be deleted.
13. In Rule 1A-31.085, the introduction of subsection (2) shall read: Criteria for suspension or revocation of a permit are:”
14. In subsection 1A-31.085(2), a new subsection (h) shall be added to read: “(h) Changes in financial support, key personnel or equipment as reported to the division, per Rule 1A-31.080, F.A.C.”
15. In Rule 1A-31.090, subsection (1) shall read: “The division will ensure that materials are transferred so that the permittee receives approximately 80% of recovered archaeological materials, with the division retaining approximately 20% of recovered archaeological materials;”
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED CHANGES IS: Ryan Wheeler at (850)245-6301.
