Governing Statutes

This was the first law to provide general protection for cultural resources. It allows the President to protect important historic, cultural, and natural sites on federal land by designating them as national monuments. It also was one of the first laws to require permits for archaeological work and to prevent the unauthorized removal of artifacts.

The National Historic Preservation Act (NHPA) established the foundation for modern historic preservation throughout the United States. It created a framework for identifying and protecting historic places, including the National Register of Historic Places, and a partnership system between federal, state, and local governments. The law also requires federal agencies to consider how their actions may affect historic resources.

• Section 101(a)-(b) - 54 U.S.C. §302101: This section of the NHPA establishes the National Register, the official federal list of historic properties and districts recognized for their significance in American history, architecture, archaeology, engineering, and culture. Listing in the National Register is primarily honorary but plays a key role in federal, state, and local preservation planning, including review under Section 106.
• Section 101(c) - 54 U.S.C. § 302503: This section establishes the Certified Local Government (CLG) program, which allows local governments to partner with states in carrying out historic preservation activities. CLGs must meet certain standards and, in return, receive access to funding, training, and a formal role in the National Register process.
• Section 106 - 54 U.S.C. §306108: This section requires federal agencies to review the effects of their projects on historic properties and to consult with stakeholders, including State Historic Preservation Offices (SHPOs) like the Maryland Historical Trust (MHT). Governed by the Code of Federal Regulations 36 CFR 800, the review process does not stop projects, but ensures informed decision-making and consideration of historic resources.
• Section 110 - 54 U.S.C. §306101: This section requires federal agencies to be responsible stewards of historic properties they own or manage, including identifying, evaluating, and protecting those resources.

This law protects archaeological sites on federal and tribal lands by regulating excavation and prohibiting looting or unauthorized removal of artifacts. 

Native American Graves Protection and Repatriation Act (NAGPRA) applies to federal lands and institutions receiving federal funding. It requires museums and federal agencies to return Native American human remains, funerary objects, and sacred items to affiliated federally-recognized tribes. It also sets rules for how these materials are handled if they are discovered during projects on federal or tribal lands.

This section of the law requires state agencies to consult with MHT regarding state capital projects that could impact historic or archaeological resources, establishing a process similar to the federal Section 106 process under NHPA.

This section requires state agencies to identify and care for historic properties they own or oversee, in coordination with MHT. Agencies must avoid damaging or neglecting these resources, consider reusing historic buildings before building new ones, and plan for preservation when properties are transferred or changed. It also allows agencies to set conditions on permits, licenses, or funding to protect historic places.

Artifacts found on state land belong to the State and must be preserved. Human remains are treated separately—returned to descendants or affiliated groups when possible, or carefully managed and studied under strict rules.

Maryland law requires a permit to excavate, remove, or disturb archaeological sites on state-controlled land, both on land and underwater. MHT issues permits only to qualified individuals or organizations, typically for research or preservation purposes, and sets conditions to ensure proper recovery, documentation, and protection of materials. MHT also regulates fees, establishes program rules, and can take action when permits are not followed, including issuing violations, seizing unlawfully removed items, and canceling permits.

Permits are required to excavate or remove archaeological features from caves. MHT issues permits to qualified individuals, with landowner consent required on private property. Artifacts found on private land belong to the landowner.

This section creates the Historic Revitalization Tax Credit Program, which provides state income tax credits for the rehabilitation of historic buildings. The program includes three types of credits: competitive commercial tax credits, small commercial tax credits, and homeowner tax credits.

§5A-327 establishes the MHT Loan Program, now known as the Historic Preservation Capital Loan Program. This section includes provisions for interest rates, preservation easements, and program reporting. §5A-331 allows MHT to transfer loan funds to qualified Maryland nonprofit organizations with demonstrated experience in restoring historic buildings and managing preservation projects.

This section establishes a competitive MHT Grant Program, which is administered by MHT as the Historic Preservation Capital Grant Program and Historic Preservation Non-Capital Grant Program. The MHT Grant Fund includes appropriations for these programs as well as the Museum Assistance Program.

This section enacts the African American Heritage Preservation Program to award competitive grants related to the African American experience in Maryland. It establishes the program as a partnership between MHT and the Maryland Commission on African American History and Culture. 

These sections outline the Historical and Cultural Museum Assistance Program, now known as the Museum Assistance Program, which provides financial and technical support to local and nonprofit museums. §5A–354 establishes the Review Panel, which advises the program.

These sections establish MHAA as an independent unit of government within the Department of Planning and outline its membership, administration, powers and duties. §13–1124 outlines the process for grievances.

These sections authorize the creation of a system of heritage areas, including designation, certification, and management. 

These sections govern MHAA's financial and funding authorities, including the award of financial incentives. §13–1114 establishes the Maryland Heritage Areas Financing Fund.