                                 CODE OF VIRGINIA

UNDERWATER HISTORIC PROPERTY; PENALTY (§ 10.1-2214)

A. For purposes of this section, &#8220;underwater historic property&#8221;
means any submerged shipwreck, vessel, cargo, tackle, or underwater
archaeological specimen, including any object found at underwater refuse sites
or submerged sites of former habitation, that has remained unclaimed on the
state-owned subaqueous bottom and has historic value as determined by the
Department.

B. Underwater historic property shall be preserved and protected and shall be
the exclusive property of the Commonwealth. Preservation and protection of such
property shall be the responsibility of all state agencies, including but not
limited to the Department, the Virginia Institute of Marine Science, and the
Virginia Marine Resources Commission. Insofar as may be practicable, such
property shall be preserved, protected, and displayed for the public benefit
within the county or city within which it is found or within a museum operated
by a state agency.

C. It is unlawful for any person, firm, or corporation to conduct any type of
recovery operations involving the removal, destruction, or disturbance of any
underwater historic property without first applying for and receiving a permit
from the Virginia Marine Resources Commission to conduct such operations
pursuant to &#xA7; 28.2-1203. If the Virginia Marine Resources Commission, after
consultation with any federally recognized Tribal Nations in the Commonwealth
pursuant to &#xA7; 28.2-104.01, and with the concurrence of the Department and
in consultation with the Virginia Institute of Marine Science and other
concerned state agencies, finds that granting the permit is in the best interest
of the Commonwealth, it shall grant the applicant a permit. The permit shall
provide that all objects recovered shall be the exclusive property of the
Commonwealth. The permit shall provide the applicant with a fair share of the
objects recovered, or in the discretion of the Department, a reasonable
percentage of the cash value of the objects recovered to be paid by the
Department. Title to all objects recovered shall be retained by the Commonwealth
unless or until they are released to the applicant by the Department. All
recovery operations undertaken pursuant to a permit issued under this section
shall be carried out under the general supervision of the Department and in
accordance with &#xA7; 28.2-1203 and in such a manner that the maximum amount of
historical, scientific, archaeological, and educational information may be
recovered and preserved in addition to the physical recovery of items. The
Virginia Marine Resources Commission shall not grant a permit to conduct
operations at substantially the same location described and covered by a permit
previously granted if recovery operations are being actively pursued, unless the
holder of the previously granted permit concurs in the grant of another permit.

D. The Department may seek a permit pursuant to this section and &#xA7;
28.2-1203 to preserve and protect or recover any underwater historic property.

E. Any person violating the provisions of this section is guilty of a Class 1
misdemeanor and, in addition, shall forfeit to the Commonwealth any objects
recovered.

HISTORY: 1984, c. 750, § 10-262; 1988, c. 891, § 10.1-817; 1989, c. 656; 2024,
c. 830.