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MARYLAND

Citation: Historic and Cultural Programs ( Maryland Ann. Code art. 27, §265,and 267; art. 83B, §5-627) Ownership and Deposit of Submerged or Terrestrial Archaeological Objects and Materials (Article 83B, §65-627).

Date Enacted: 1991, amended 1994

Summary: Maryland recently amended its preservation statutes to include provisions relating to human remains. The state claims jurisdiction over all sites on state lands. Article 83, §5-627(b) transfers human remains to the state under the jurisdiction of the Maryland Historical Trust. The Trust may transfer any human remains, including Native American, in its possession to an appropriate place of repose. If cultural affiliation can be established, the human remains and associated funerary objects will be transferred first to a lineal descendant and then to a culturally affiliated organization. The Trust must first consult with the Commission on Indian Affairs. Human remains not identified can be sent to a reputable museum or educational institution for one year of study. These remains are then returned to the Trust for disposition according to procedures on disposition of culturally unidentifiable materials developed with the Commission.

Jurisdiction: Any sites on state lands or materials under the jurisdiction of the state. 
Statute of Limitations: Not specified. 
Areas Covered Under Act: Any unmarked skeletal remains. 
Ownership: Maryland Historic Trust. 
Review/Consultation Committee: Must consult with the Commission on Indian Affairs. 
Liable: Anyone who knowingly violates the statute. 
Penalties: Anyone who violates the act is guilty of a misdemeanor with penalties ranging between fines of $100 and 30 days in jail and fines of $10,000 and up to two years in jail. 
Exemptions: Not specified. 
Permitting: Excavation permits are issued through the Maryland Historic Trust.