An Act to Implement Recommendations Concerning Protection of Indian Archaeological Sites
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 27 MRSA §373-A, sub-§8, as amended by PL 1981, c. 568, §§1 to 3, is further amended to read:
8. Site. "Site" means an area containing archaeological artifacts or materials or other evidence of habitation, occupation or other use by historic or prehistoric people, and which is either:
A. On or under state-controlled land and is:
(1) Listed in the National Register of Historic Places or judged eligible for national register listing by the Maine Historic Preservation Commission and, if the area is judged eligible for listing, the site designation is approved by the appropriate land managing agency director or local governing body; and
(2) Posted;
B. The subject of a preservation agreement between the landowner or landowners and the Maine Historic Preservation Commission, pursuant to Title 33, section 1551 and is:
(1) Listed in the National Register of Historic Places; and
(2) Posted; or
C. Subject to section 378.
Sec. 2. 27 MRSA §375, sub-§2, as amended by PL 1989, c. 171, §2, is further amended to read:
2. Penalty. Violation Notwithstanding Title 17-A, sections 4-A and 1301, a violation of this chapter is a civil violation Class E crime for which a forfeiture fine of not less than $50 nor more than $1,000 shall $250 must be adjudged. The unlawful excavation for any one day shall constitute constitutes a separate violation. The court also may order the defendant to pay an amount equal to the reasonable cost of a proper archaeological excavation had the area that was unlawfully excavated been properly excavated. The Director of the Maine Historic Preservation Commission, in the name of the people of this State through the Attorney General, may in addition to other remedies provided bring an action for an injunction seeking one or more of the following remedies:
A. To restrain a violation of this chapter; or
B. To enjoin future unlawful excavation; or.
C. To direct the violator to restore the site to the condition that existed prior to the unlawful excavation or to ameliorate the effects of the unlawful excavation.
Sec. 3. 27 MRSA §378, as amended by PL 1995, c. 146, §2, is further amended to read:
§378. Emergency site designation
In the case of an area containing archaeological materials or artifacts that is directly threatened with unauthorized excavation, the Director of the Maine Historic Preservation Commission, with the written permission of the landowner, may designate the area as a site that is subject to this chapter for a period not to exceed one year 10 years. The director and the landowner shall specify in writing the area that is subject to this chapter. All sites given emergency designation under this section must be posted against unauthorized excavation. Notice of the designation must be filed with the registrar of deeds in the county in which the site is located.
Sec. 4. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.
2000-01
MAINE HISTORIC PRESERVATION COMMISSION
Historic Preservation Commission
Personal Services $5,000
All Other 10,000
__________
TOTAL $15,000
Provides one-time funding for increased monitoring of archaeological sites. Five thousand dollars funds a part-time monitoring coordinator using existing part-time project personnel. The balance funds site monitors including professional archaeologists and volunteers who are reimbursed for expenses.
Historic Preservation Commission
All Other $5,000
Provides one-time funding for law enforcement investigation costs relating to incidents involving archaeological sites and for the development and delivery of training materials for law enforcement officers.
MAINE HISTORIC PRESERVATION COMMISSION __________
TOTAL $20,000Effective August 11, 2000, unless otherwise indicated.
| Revisor of Statutes Homepage | Subject Index | Search | Laws of Maine | Maine Legislature |
