Code of Massachusetts Regulations
312 CMR - BOARD OF UNDERWATER ARCHAEOLOGICAL RESOURCES
Title 312 CMR 2.00 - Massachusetts Underwater Archaeological Resources
Section 2.13 - Resource Disposition

Universal Citation: 312 MA Code of Regs 312.2

Current through Register 1531, September 27, 2024

The following are the general principles governing the disposition of recovered resources, including isolated finds. As each project is unique, the Board may issue specific guidelines as appropriate before a project's completion date. In all cases, the Commonwealth and the permittee shall act in such a way as to preserve and protect all recovered resources until final disposition. All underwater archaeological resources recovered under a special use permit remain the property of the Commonwealth and are not subject to the provisions of 312 CMR 2.13.

(1) Timing.

(a) Because both the monetary and historic value of individual recovered artifacts are dependent upon the entire assemblage from a site, resources shall not be disposed of until after the project completion date, i.e. all excavation, conservation, and reporting have been completed to the Board's satisfaction, unless otherwise determined by the Board.

(b) Permittee shall dispose of resources within one year of the project completion date, unless extended by the Board with the approval of the Secretary of Administration and Finance, or unless the permittee be designated the permanent custodian of the resources of any portion thereof. In order to request an extension for the period for disposition, the permittee shall submit a written request at least two months prior to the expiration of the disposition period.

(2) Distribution Percentage. The value of recovered resources shall be distributed at the proportion of 75% to the permittee and 25% to the Commonwealth. The distribution may be made in actual recovered resources or the fair market value, at the election of the Board and with the approval of the Secretary of Administration and Finance. This election shall be made within six months of the project completion date. Where the Board elects to claim recovered resources, it shall make its selection of resources on the basis of their unusual, unique, or historic value and shall endeavor to respect any stated preferences of the permittee as to the disposition of those resources.

(3) Priority Purchase. If the permittee elects to dispose of the resources or is denied permanent custodianship, the Commonwealth and museums within the Commonwealth have the right of first purchase of the assemblage of recovered resources for six months following the project completion date. During this period the Commonwealth or museums in the Commonwealth may make proposals to the Board for the curation, conservation and display of the recovered resources. Only proposals for the entire assemblage of recovered resources shall be considered. Where there are two or more proposals, the Board shall select the curatorial facility that demonstrates the best capability for the curation, conservation, research and display of the assemblage. If the Commonwealth exercises its right of priority purchase, it shall pay 75% of the appraised value of the collection to the permittee. Said purchase shall be made and completed subject to appropriation. If a museum exercises its right of priority purchase, it shall pay for the resource at the appraised value, with 75% going to the permittee, 25% to the Commonwealth.

(4) Permittee Disposition. After the initial six month period following the project completion date, the permittee may elect to dispose of his/her share (or part thereof) of the resources. Permittee shall be guided by the disposition standards outlined in 312 CMR 2.13(6)(a) through (g), or specified by the Board, and shall complete disposition within one year of the project completion date unless, the disposition period is extended by the Board. The permittee may retain custodianship or a share in the custodianship of the resources provided the permittee satisfies the Board of his/her competence as a responsible custodian in the public interest (see 312 CMR 2.04: Museum).

(5) Resource Valuation. Unless otherwise stipulated, valuation is determined only by the historical value of the resource and its fair market value according to guidelines established by the Board.

(6) Disposition Standards and Procedures.

(a) Wherever possible, resources shall be disposed of as an assemblage with supporting documentation.

(b) Wherever possible, resources shall be disposed of at an appropriate curatorial facility or museum which has conservation, curation, display and research facilities.

(c) The Board may, at any time prior to final disposition, exercise its authority over resources if there is a threat to their protection.

(d) Resources shall not be removed from the Commonwealth prior to final disposition, unless otherwise allowed by the Board.

(e) All offers for resource disposition shall be filed with the Board and held for a minimum of ten working days for public inspection. The offer shall include the name of the potential buyer, the amount of the offer, and the plans for conservation and display of the resource.

(f) The permittee shall inform the Board in writing as to the final disposition of any resource within ten working days thereof.

(g) The Commonwealth shall receive its interest in the resources (if any) within 90 working days of disposition.

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