Effective - 28 Aug 1995
253.420. Shipwrecks meeting historic register criteria, salvage or excavation requirements, permit, fee — embedded, defined — violation, penalty, rules, procedure. — 1. After August 28, 1991, no person, corporation, partnership, proprietorship or organization shall initiate salvage operations, excavation or similar ground disturbing activities of any submerged or embedded abandoned shipwreck in this state which meets the national register of historic places criteria without obtaining a permit from the department of natural resources as provided in this section. As used in this section, the term "embedded" means firmly affixed in lands such that the use of excavation tools is required in order to gain access to any part of the shipwreck or its cargo.
2. The department of natural resources shall not issue a permit under this section unless the applicant submits a detailed plan of the activities regulated by this section to be made by the applicant and such plan is approved by the department. The department is authorized to promulgate appropriate regulations for the administration of this section. All recovery and investigation plans shall meet the current professional standards for such activities, which minimize the risk of loss or damage to the shipwreck or its cargo. An applicant shall be a professional archaeologist, as defined in section 194.400, or shall hire a professional archaeologist as a staff member or consultant to the activities regulated by this section. Upon approval of a permit application, the applicant shall pay a permit fee of one hundred dollars to the director of the department of revenue, who shall deposit all funds received pursuant to this section in the state treasury to the credit of the general revenue fund. The department of natural resources shall approve or deny any application for a permit under this section within thirty days of application.
3. In the event there is a sale, at least fifty percent of each class, category or type of all artifacts or recovered materials shall be donated or offered for sale at fair market value to public or private museums or to other public institutions in this state. Such museums and institutions shall study, interpret and display such materials or artifacts. To the maximum extent possible, such artifacts shall remain in Missouri.
4. Any person, corporation, partnership, proprietorship or organization who violates the provisions of this section shall be guilty of a class A misdemeanor. Upon conviction, all specimens, objects and materials collected or excavated by such person, together with all photographs and records relating to such material, are property of the state. Each day of a continuing violation of subsection 1 of this section shall constitute a separate offense.
5. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1991 S.B. 75 § 1, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
Structure Missouri Revised Statutes
Title XVI - Conservation, Resources and Development
Chapter 253 - State Parks and Historic Preservation
Section 253.010 - Definitions.
Section 253.035 - Rules and regulations, procedure.
Section 253.040 - Acquisition of land — eminent domain.
Section 253.048 - Flags authorized for display in state parks.
Section 253.050 - Obligations incurred only as authorized by appropriation.
Section 253.060 - Director's and staff's qualifications — compensation.
Section 253.065 - Park rangers, appointment, powers as peace officers.
Section 253.070 - Expenditures, how made.
Section 253.090 - State park earnings fund created, how used.
Section 253.100 - Removal of timber only on order of record.
Section 253.110 - The Confederate Memorial Park as state park.
Section 253.120 - Confederate Memorial Park endowment fund.
Section 253.130 - Portrait to be located in Mark Twain state park.
Section 253.147 - Maintenance, repair, and construction report to general assembly, contents.
Section 253.150 - Definitions.
Section 253.155 - Motor vehicles may operate, where, exception.
Section 253.160 - Speed limits in park.
Section 253.165 - Vehicles in parks subject to general law regulating such vehicles.
Section 253.180 - Domestic animals prohibited from running at large.
Section 253.190 - Exempted domestic animals.
Section 253.195 - Fireworks prohibited, exception.
Section 253.200 - Taking of wildlife prohibited, exception.
Section 253.210 - Definitions.
Section 253.220 - Erection of structure in park to accommodate visitors — may acquire land.
Section 253.240 - Bonds issued on resolution of board, when.
Section 253.250 - Revenue bonds not obligations of state.
Section 253.280 - Bonds refunded, when — refunding bonds may include interest — how paid.
Section 253.290 - Leases for development and operation of resort facilities — rentals.
Section 253.300 - Leases to be let on competitive bids.
Section 253.310 - Lessees to give bond.
Section 253.320 - Conditions required in leases — effect of encumbrances of lessee.
Section 253.350 - Babler memorial state park — powers of department of natural resources.
Section 253.360 - Fund created, use of income and corpus, investments.
Section 253.370 - Thomas Hart Benton homestead memorial.
Section 253.380 - Pansy Johnson-Travis memorial state gardens and trust fund.
Section 253.385 - Acquisition of Rice-Tremonti Home by department of natural resources — duties.
Section 253.395 - Historic preservation revolving fund authorized — definitions — use of fund.
Section 253.400 - Short title.
Section 253.401 - Definitions.
Section 253.402 - Purpose of fund — administration.
Section 253.404 - Property, interest limited to estate, or term necessary to preserve and protect.
Section 253.405 - Sale or lease of acquired property subject to restrictions — reversion clause.
Section 253.407 - Unexpended balance not to be transferred to general revenue.
Section 253.421 - Abandoned materials belong to the state — definitions — rulemaking.
Section 253.530 - State treasurer to be custodian of fund, duties, powers.
Section 253.545 - Definitions.
Section 253.557 - Credits exceeding tax liability — distribution — assignment.