(a) All persons, except for archaeologists within the Division for Archaeology and Historic Preservation who wish to, or are required to conduct subsurface or underwater archaeological excavations, tests, probing, or other investigations which result in the removal or contextual disturbance of in situ materials or artifacts in Virgin Islands lands or coastal waters, will be required to obtain a permit from the State Historic Preservation Officer. All archaeological investigations must be conducted by professional archaeologists in conformity with standards set by the Society of Professional Archaeologists (SOPA) and outlined in Title 36 of the Code of Federal Regulations.
(b) Before issuing a permit, the State Historic Preservation Officer shall determine whether:
(1) The applicant meets the criteria set forth in the “Standards and Guidelines for Archaeology and Historic Preservation” established by the Secretary of the United States Department of Interior, guidelines established by the State Historic Preservation Officer, and any rules and regulations promulgated hereunder; whether the applicant is appropriately qualified, as evidenced by training, education and experience, and is willing to utilize appropriately qualified organizations in the Virgin Islands to complete the proposed work; and whether the applicant possesses demonstrable competence in theoretical and methodological design, and in the collection, handling, conservation, analysis, evaluation, and reporting of archaeological data, based on the type and scope of the work proposed;
(2) The proposed work is to be undertaken for the purpose of furthering scientific and cultural knowledge in the public interest;
(3) The proposed work, including time, scope, funding, location and purpose, is consistent with any management plan, regulation, rule or policy applicable to the property involved;
(4) The permit is in the best interest of the Government.
(c) Only institutions, organizations or corporations organized for scientific, research, or land-use planning purposes may be issued a permit under this subchapter, and only after submitting a research plan that meets the standards established by the State Historic Preservation Officer regarding professional qualifications, techniques and methodology for recovery, analysis and dissemination of data, and proper conservation and permanent storage and documentation of specimens and records.
(d) Permits may be issued for such periods of time as the Territorial Historic Preservation Officer deems appropriate.
(e) The State Historic Preservation Officer shall establish rules and regulations for the issuance of permits under this section, and formulate uniform requirements and specifications to be included in the permit applications.