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§ 12-3-52 - Archeological exploration, excavation, or surveying; administrative appeal of department orders

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O.C.G.A.12-3-52 (2010) 12-3-52.Archeological exploration, excavation, or surveying; administrative appeal of department orders (a)TheState of Georgia, acting through the department and its authorizedofficers and employees, reserves to itself the exclusive right andprivilege of exploring, excavating, or surveying all prehistoric andhistoric sites, ruins, artifacts, treasure, and treasure-trove, andother similar sites and objects found on all lands owned or controlledby the state, provided that this reservation shall not apply to propertyunder the jurisdiction of the Board of Regents of the University Systemof Georgia.(b)All findings of suchruins, artifacts, treasure, treasure-trove, and other similar sites andobjects shall be reported to the department within two days, Saturdays,Sundays, and legal holidays excluded, after being found.(c)Thedepartment is authorized to grant permits to or enter into contractualagreements with recognized scientific institutions or qualifiedindividuals to conduct field archeological research or salvagearcheology through data recovery on such state properties if, in theopinion of the department, conditions or situations warrant sucharrangements or agreements. All such permits and agreements that affectburial sites or burial objects shall be issued by the department inaccordance with the procedures outlined in subsection (d) of this Codesection.All such information and archeologically significant objectsderived from archeological research conducted on state lands shall beutilized solely for scientific or public educational purposes and shallremain the property of the state with the exception of those itemsrequired to be repatriated by Public Law 101-601 or by Code Section44-12-262. In addition, the State of Georgia urges that allarcheological research conducted on privately owned land within theboundaries of the state be likewise undertaken solely by recognizedscientific institutions or qualified individuals.(d)(1)The department shall issue permits and enter into contractualagreements with recognized scientific institutions or qualifiedindividuals for the purposes enumerated in subsection (c) of this Codesection on all state owned or state controlled lands.(2)Applicantsor contractors shall submit a detailed research plan for conductingsuch field archeological research or salvage archeology which outlinesthe location, objectives, scope, methods, and expected results.(3)Ifburial sites are involved, the research plan or design must include aplan for identifying and notifying lineal descendants, for skeletalanalysis, and for curation and disposition as prescribed by Public Law101-601 or by Part 1 of Article 7 of Chapter 12 of Title 44.(4)Thedepartment, as custodian of all prehistoric and historic sites, ruins,artifacts, treasure, and treasure-trove, and other similar sites andobjects found on state owned or state controlled lands, is empowered topromulgate such rules and regulations as may be necessary to preserve,survey, protect, recover, and repatriate such findings.(5)Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.(6)Apermit may be revoked by the department upon a determination by thedepartment that the permit holder has violated this chapter or any termor condition of its permit.Any determination to revoke or deny apermit may be administratively and judicially reviewed in the mannerprovided in subsection (e) of this Code section.(7)Uponissuing a permit or entering into a contract that involves aboriginal,prehistoric, or American Indian burial sites, the department shall sendwritten notice to the Council on American Indian Concerns created byCode Section 44-12-280.(e)Any person whois aggrieved or adversely affected by any order or action of thedepartment shall, upon petition within 30 days after the issuance ofsuch order or taking of such action, have a right to a hearing before anadministrative law judge appointed by the Board of Natural Resources.The hearing before the administrative law judge shall be conducted inaccordance with Chapter 13 of Title 50, the "Georgia AdministrativeProcedure Act." The decision of the administrative law judge shallconstitute the final decision of the board and any party to the hearing,including the department, shall have the right of judicial reviewthereof in accordance with Chapter 13 of Title 50, the "GeorgiaAdministrative Procedure Act." Persons are "aggrieved or adverselyaffected" where the challenged action has caused or will cause theminjury in fact and where the injury is to an interest within the zone ofinterests to be protected or regulated by the statutes that thedepartment is empowered to administer and enforce.In the event thedepartment asserts in response to the petition before the administrativelaw judge that the petitioner is not aggrieved or adversely affected,the administrative law judge shall take evidence and hear arguments onthis issue and thereafter make a ruling on same before continuing onwith the hearing.The burden of going forward with evidence on thisissue shall rest with the petitioner.
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  • O.C.G.A. 12-3-52 (2010)
    12-3-52. Archeological exploration, excavation, or surveying; administrative appeal of department orders


    (a) The State of Georgia, acting through the department and its authorized officers and employees, reserves to itself the exclusive right and privilege of exploring, excavating, or surveying all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other similar sites and objects found on all lands owned or controlled by the state, provided that this reservation shall not apply to property under the jurisdiction of the Board of Regents of the University System of Georgia.

    (b) All findings of such ruins, artifacts, treasure, treasure-trove, and other similar sites and objects shall be reported to the department within two days, Saturdays, Sundays, and legal holidays excluded, after being found.

    (c) The department is authorized to grant permits to or enter into contractual agreements with recognized scientific institutions or qualified individuals to conduct field archeological research or salvage archeology through data recovery on such state properties if, in the opinion of the department, conditions or situations warrant such arrangements or agreements. All such permits and agreements that affect burial sites or burial objects shall be issued by the department in accordance with the procedures outlined in subsection (d) of this Code section. All such information and archeologically significant objects derived from archeological research conducted on state lands shall be utilized solely for scientific or public educational purposes and shall remain the property of the state with the exception of those items required to be repatriated by Public Law 101-601 or by Code Section 44-12-262. In addition, the State of Georgia urges that all archeological research conducted on privately owned land within the boundaries of the state be likewise undertaken solely by recognized scientific institutions or qualified individuals.

    (d) (1) The department shall issue permits and enter into contractual agreements with recognized scientific institutions or qualified individuals for the purposes enumerated in subsection (c) of this Code section on all state owned or state controlled lands.

    (2) Applicants or contractors shall submit a detailed research plan for conducting such field archeological research or salvage archeology which outlines the location, objectives, scope, methods, and expected results.

    (3) If burial sites are involved, the research plan or design must include a plan for identifying and notifying lineal descendants, for skeletal analysis, and for curation and disposition as prescribed by Public Law 101-601 or by Part 1 of Article 7 of Chapter 12 of Title 44.

    (4) The department, as custodian of all prehistoric and historic sites, ruins, artifacts, treasure, and treasure-trove, and other similar sites and objects found on state owned or state controlled lands, is empowered to promulgate such rules and regulations as may be necessary to preserve, survey, protect, recover, and repatriate such findings.

    (5) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate.

    (6) A permit may be revoked by the department upon a determination by the department that the permit holder has violated this chapter or any term or condition of its permit. Any determination to revoke or deny a permit may be administratively and judicially reviewed in the manner provided in subsection (e) of this Code section.

    (7) Upon issuing a permit or entering into a contract that involves aboriginal, prehistoric, or American Indian burial sites, the department shall send written notice to the Council on American Indian Concerns created by Code Section 44-12-280.

    (e) Any person who is aggrieved or adversely affected by any order or action of the department shall, upon petition within 30 days after the issuance of such order or taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Resources. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the department, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Persons are "aggrieved or adversely affected" where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by the statutes that the department is empowered to administer and enforce. In the event the department asserts in response to the petition before the administrative law judge that the petitioner is not aggrieved or adversely affected, the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on same before continuing on with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner.

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