(a) Except as provided by subsection (b), no individual, institution or corporation shall excavate in, remove material from, vandalize or deface any site or area described in Kan. Stat. Ann. §§ 74-5401 and amendments thereto, on lands belonging to or controlled by the state of Kansas or any agency thereof, or to any county or municipality in the state, or on lands in which a qualified agency is conducting scientific archeological investigations, without specific authorization pursuant to a permit granted under Kan. Stat. Ann. § 74-5404, and amendments thereto.

(b) If, in the opinion of the commission or the commission’s designee, any survey, excavation or construction is necessary to prevent the immediate threat to the life or health of persons near a site or area described in Kan. Stat. Ann. § 74-5401, and amendments thereto, the commission or the commission’s designee may authorize such survey, excavation or construction without issuing a permit under Kan. Stat. Ann. § 74-5404, and amendments thereto.