(a) Upon discovery of any archaeological or historical site, or human burial site or remains upon private lands, the owner or his representative shall immediately notify the State Historic Preservation Office verbally and in writing.
(b) Any person applying for an Earth Change permit in conformity with Title 12, chapter 13, Virgin Islands Code for commercial purposes on private land shall, at the time of the application, provide the State Historic Preservation Office with a copy of the application, and shall afford that office a reasonable time to consider the effect of the proposed undertaking on properties which are listed in the Registry.
(c) If during its review of the application, the State Historic Preservation Office has reason to believe that the proposed undertaking will alter, disturb, destroy or otherwise adversely affect a property in the Registry, it may require the applicant to undertake, at the applicant's expense, a Phase I Cultural Resources Survey to determine whether any historical or cultural properties are present on the property. For purposes of this section, a Phase I Cultural Resources Survey is defined as a field and documentary investigation sufficient to locate, evaluate and determine the boundaries and significance of all archaeological, historical and cultural sites present on a given property.
(d) In cases where the State Historic Preservation Office determines that a property that is listed in the Virgin Islands Registry of Historic Sites may be disturbed, altered, destroyed or otherwise adversely affected by the proposed undertaking, the office may recommend to the owner the procedure best calculated to ensure the preservation of the property. Such procedure may include, but not be limited to:
(1) Providing technical assistance to the owner who is willing to restore, preserve and maintain the historical or cultural property;
(2) Acquiring the property or an easement or other right therein by gift or purchase;
(3) Acquiring the property for the Territory through eminent domain;
(4) Conducting a field archaeological operation, as specified in this subchapter, that will scientifically investigate, document, analyze and record all historical or cultural properties and objects on the site to the maximum extent possible.
(e) It shall be a violation of this subchapter for any person to remove, injure or destroy components of registered historical or archaeological landmarks or cultural properties situated on private property or controlled by a private owner without the owner's prior permission. Where the owner of a historical, cultural or archaeological property has submitted his acceptance in writing for the inclusion of that property in the Registry, the provisions of this subchapter shall apply to that property.
(f) Nothing in this section shall be construed to prevent ordinary maintenance or repair of any existing feature in or on an archaeological or historical property on private land.