S 509 Session 109 (1991-1992)
S 0509 General Bill, By Russell and Wilson
A Bill to amend Chapter 7, Title 54 of the Code of Laws of South Carolina,
1976, relating to shipwreck and salvage operators, by adding Article 5 so as
to enact the South Carolina Underwater Antiquities Act of 1991 and to provide
penalties for violations; and to repeal Article 4, Chapter 7 of Title 54, the
South Carolina Underwater Antiquities Act of 1982.
01/17/91 Senate Introduced and read first time SJ-13
01/17/91 Senate Referred to Committee on General SJ-13
03/27/91 Senate Committee report: Majority favorable with amend.,
minority unfavorable General SJ-8
03/28/91 Senate Retaining place on calendar recommitted to
Committee on General SJ-18
05/23/91 Senate Recalled from Committee on General SJ-40
05/29/91 Senate Recommitted to Committee on General SJ-59
RECALLED
May 23, 1991
S. 509
Introduced by SENATORS Russell and Wilson
S. Printed 5/23/91--S.
Read the first time January 17, 1991.
A BILL
TO AMEND CHAPTER 7, TITLE 54 OF THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO SHIPWRECK AND
SALVAGE OPERATORS, BY ADDING ARTICLE 5 SO AS TO
ENACT THE SOUTH CAROLINA UNDERWATER ANTIQUITIES
ACT OF 1991 AND TO PROVIDE PENALTIES FOR VIOLATIONS;
AND TO REPEAL ARTICLE 4, CHAPTER 7 OF TITLE 54, THE
SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1982.
Whereas, it is the intent of the South Carolina Underwater
Antiquities Act of 1991 to preserve and encourage the scientific and
recreational values inherent in submerged archaeological historic
properties and paleontological properties for the benefit of all the
people of the State; and
Whereas, submerged archaeological historic properties and
submerged paleontological properties are a nonrenewable and finite
resource, and that the conservation and preservation of that resource
base is of the highest priority; and
Whereas, it is only incidental to this purpose, and as a means of
achieving this purpose, that licenses provided for in the South Carolina
Underwater Antiquities Act of 1991 may be granted and that portions of
the recovered objects may be transferred to the licensees. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 7, Title 54 of the 1976 Code is amended by
adding:
"Article 5
The South Carolina Underwater Antiquities Act
of 1991
Section 54-7-610. This article may be cited as the South Carolina
Underwater Antiquities Act of 1991.
Section 54-7-620. As used in this article:
(1) `Artifact', `artifactual item', or `artifactual material' means any
object or assemblage of objects found in an archaeological context
which yields or is likely to yield information of significance to the
scientific study of human prehistory, history, or culture, and which have
remained unclaimed for more than fifty years.
(2) `Artifact recovery' means the recovery of artifactual material
by hand or through excavation.
(3) `Beneath or substantially beneath' means permanently or
periodically covered, in whole or in part, by the territorial waters of the
State.
(4) `Commercial applicant' means an applicant for a license under
this article for purposes other than those of a noncommercial applicant,
such as commercial salvage or income-producing purposes.
(5) `Complete paleontological specimen' means a fossil which is
more than eighty percent intact and has recognizable diagnostic features
for identification.
(6) `Data' means any information related to the site of submerged
archaeological historic property or submerged paleontological property
which includes, without limitation, artifactual and/or paleontological
material, remote sensing survey charts, magnetic tape records of
positions, site maps, feature plans, photographs, measurements and
historical documentation.
(7) `Data collection' means the accumulation of data through
methods which do not include excavation.
(8) `Data collection' includes the collection of artifactual and/or
paleontological material that is exposed or resting on, but not
embedded in, submerged lands.
(9) `Data recovery' means a systematic study carried out in
accordance with a research plan, which may include data collection,
excavation, and artifact or fossil recovery.
(10) `Day' means a twenty-four hour period beginning at 12:00
midnight.
(11) `Debris field' means the area in which artifactual or
paleontological materials associated with a site are found.
(12) `Director' means the Director of the institute, or a designee of
the Director.
(13) `Embedded' means firmly affixed in submerged lands such
that the use of tools of excavation are required in order to move the
bottom sediments to gain access to the submerged archaeological
historic property or paleontological materials or any part of them.
(14) `Excavation' means the process of moving, removing,or
disturbing bottom sediments to expose submerged archaeological
historic property or submerged paleontological materials.
(15) `Field archaeologist' means an archaeologist selected by the
licensee and approved by the institute to supervise operations under a
license.
(16) `Field paleontologist' means a paleontologist selected by the
licensee and approved by the museum to supervise operations under a
license.
(17) `Historic property' means a district, site, building, structure,
or object significant in the prehistory, history, upland and underwater
archaeology, architecture, engineering and culture of the State, including
artifacts, records, and remains related to the district, site, building,
structure, or object.
(18) `Immediate environment' means that area surrounding a
submerged archaeological historic property or submerged
paleontological site which, if disturbed, could result in substantive injury
to the property, including, without limitation, the debris field.
(19) `Institute' means the South Carolina Institute of Archaeology
and Anthropology.
(20) `Intensive survey' means a field and archival investigation of
an area designed to gather and identify fully information about
submerged archaeological historic properties sufficient to evaluate them
in relation to National Register criteria of significance within specific
historical contexts. It may also mean a field and archival investigation
of an area designed to gather and identify fully information about
submerged paleontological materials sufficient to evaluate them for
geologic time period and species identification. Intensive survey may
include data collection, test excavation, data recovery, and specimen
recovery on a limited basis.
(21) `Licensee' means any person or entity authorized to perform
certain recovery operations from a submerged archaeological historic
property or submerged paleontological property under the provisions of
this article by the South Carolina Institute of Archaeology and
Anthropology. It is not a proof of qualification to skin or scuba dive,
nor that a person is qualified to skin or scuba dive.
(22) `Monitoring archaeologist' means an underwater archaeologist
selected by the institute for the purpose of monitoring work activity
under a license issued by the institute.
(23) `Monitoring paleontologist' means a paleontologist or Natural
History Curator selected by the museum commission for the purpose of
monitoring work activity under a license issued by the institute.
(24) `Museum Commission', `museum', `commission', `State
Museum' means the South Carolina Museum Commission authorized by
this article as custodians of paleontological materials.
(25) `National Register' means the National Register of Historic
Places maintained by the Secretary of the United States Department of
the Interior.
(26) `Navigable waters' means all waters belonging to the State
which are navigable in fact or were navigable in the past. The term
includes rivers and streams in which the tide ebbs and flows.
(27) `Noncommercial applicant' means a person seeking a license
for the purpose of gathering scientific, historical, or architectural data for
either:
(a) public exhibition, interpretation, or preservation and not for
the purpose of producing income, profit, or gain; or
(b) mitigation of adverse effects of a proposed undertaking on
submerged archaeological historic property or submerged
paleontological property.
(28) `Object' means a material thing produced or resulting from
human activity which has functional, aesthetic, cultural, historical, or
scientific value and which includes artifactual material.
(29) `Paleontological materials', `materials', `specimen', `fossil',
`fossil materials', or `paleontology materials' means any object or
assemblage of objects found in a paleontological context including, but
not limited, to plant and animal fossils such as bones, teeth, natural
casts, molds, impressions, and other remains of prehistoric fauna which
yield or are likely to yield information of significance to the scientific
study or educational potential of the past. Faunal means fossilized plant
and animal remains from past geologic periods, including but not limited
to, molds, casts, bones, and teeth.
(30) `Paleontological property' means paleontological material or
any site which contains paleontological material.
(31) `Paleontological recovery' or `fossil recovery' means the
recovery of paleontological materials by hand or through excavation.
(32) `Person' means an individual, partnership, corporation,
association, organized group of persons, or any other legal entity.
(33) `Preservation' means the identification, evaluation,
recordation, documentation, curation, acquisition, protection,
management, rehabilitation, restoration, stabilization, maintenance, and
reconstruction of a submerged archaeological historic property or a
submerged paleontological property.
(34) `Primary scientific value' means any submerged
archaeological historic property or submerged paleontological property
which:
(a) yields or may yield information of great importance or
significance to state, regional, national or international history or
prehistory. Significance may be judged by the potential of the property
to provide information, its physical condition, the research questions it
might answer, its educational or exhibit value, or its relationship to
known archaeological and historical records and future research needs,
or,
(b) is included in, or has been determined, or may be eligible for
inclusion in the National Register of Historic Places.
(35) `Reconnaissance survey' means a limited archival and field
investigation, designed and accomplished in sufficient detail to make
generalizations about the type, distribution and value of an area's
submerged archaeological historic properties or submerged
paleontological sites, which may include data collection but may not
include excavation, data recovery, or artifact recovery.
(36) `Recreational value' means value related to an activity which
the public engages in, or may engage in, for recreation or sport,
including, but not limited to, scuba diving and fishing.
(37) `Site' means:
(a) the location of an event, a prehistoric or historic occupation
or activity, or a building or structure including a shipwreck, whether
standing, ruined, or vanished, and its debris field where the location
itself maintains historical or archaeological value regardless of the value
of any existing structure.
(b) the location of an accumulation of paleontological material
where the location itself maintains paleontological value.
(38) `State' means the State of South Carolina.
(39) `State Archaeologist' means the Director of the South Carolina
Institute of Archaeology and Anthropology who is the State
Archaeologist.
(40) `State Historic Preservation Officer' means the individual who
administers the State Historic Preservation Program under the provisions
of the National Historic Preservation Act of 1966.
(41) `Structure' means a constructed work made up of
interdependent and interrelated parts in a definite pattern of
organization.
(42) `Submerged' means beneath or substantially beneath the
territorial waters of the State or is submerged at mean high tide.
(43) `Submerged archaeological historic property' means any site,
vessel, structure, object, or remains which:
(a) yields or is likely to yield information of significance to
scientific study of human prehistory, history, or culture and
(b) (i) is embedded in or on submerged lands and has remained
unclaimed for fifty years or longer; or
(ii) is included in, or has been determined, or may be
eligible for inclusion in the National Register of Historic Places.
The term includes archaeological material which includes, but is not
limited to, abandoned shipwrecks and their contents, and individual
assemblages of historic or prehistoric artifacts.
(44) `Submerged lands' means lands beneath or substantially
beneath the territorial waters of the State or which are submerged at
mean high tide.
(45) `Submerged paleontological property' means any object or
assemblage of objects found in a paleontological context which yield or
are likely to yield information of significance to the scientific study or
educational potential of the past faunal diversity, past environments,
geologic time, or other paleontological concerns.
(46) `Substantive injury' means any action or influence which
causes a change in the archaeological or paleontological context, the
structural integrity, or the physical condition of a site as to render it
more vulnerable to loss, damage, destruction, or diminution of historic
or paleontological value.
(47) `Territorial waters' means the navigable waters of the State,
namely, all tidal waters within the boundaries of the State up to but not
above the line of mean high tide and seaward to a line three
geographical miles distant from the coastline of the State measured by
reference to mean low tide elevation as defined in the Geneva
Convention, Article 11, and such other waters of the State as may be
included within the term `lands beneath navigable waters' as defined in
the Federal Abandoned Shipwreck Act of 1987.
(48) `Undertaking' means an activity by the institute or South
Carolina Museum Commission which would otherwise require a license
under this article. `Undertaking' does not include activities which, in the
State Archaeologist's determination, must be conducted within sixty
days in order to preserve submerged archaeological historic property or
submerged paleontological property that is or may be of primary
scientific value or of major archaeological, anthropological, or historic
value and threatened with imminent destruction or substantial damage.
Section 54-7-630. (A) All submerged archaeological historic
property and artifacts and all submerged paleontological property
located on or recovered from submerged lands over which the State has
sovereign control are declared to be the property of the State.
(B) Title to submerged archaeological historic property and artifacts
and all submerged paleontological property, or a portion of the property
recovered from submerged lands over which the State has sovereign
control may be conveyed by the State to a licensee pursuant to a license
issued by the institute.
Section 54-7-640. (A) The custodian of submerged archaeological
historic property and artifacts owned by the State or on state submerged
lands is the South Carolina Institute of Archaeology and Anthropology.
The South Carolina Institute of Archaeology and Anthropology may
promulgate regulations as necessary to carry out its duties under this
article.
(B) The custodian of all submerged paleontological material is the
South Carolina Museum Commission. The institute, after consultation
with the South Carolina Museum Commission, may promulgate
regulations regarding submerged paleontological property as necessary
for this purpose. For the purposes of this article, and where submerged
paleontological property is involved, the institute shall consult with the
South Carolina State Museum.
(C) The custodian of any other things of value not provided for in
this section is the State Budget and Control Board which may
promulgate regulations as necessary for this purpose.
Section 54-7-650. (A) A person desiring to conduct undertakings
pursuant to this article in the course of which submerged archaeological
historic properties or paleontological properties may be removed,
displaced, or destroyed shall apply to the institute for a license to
conduct the undertaking. If the institute finds that the granting of the
license is in the best interests of the State, it may grant it for the time and
under the conditions the institute considers appropriate to this article.
(B) The institute may enter into agreements with licensees for the
disposition of recovered submerged archaeological historic property and
submerged paleontological property.
(C) The disposition may include division of the recovered property
with the licensee.
(D) The division may be in value or in kind, with the institute acting
as arbiter of the division in the best interests of the State and giving due
consideration to the fair treatment of the licensee. Any agreement
entered into by the institute must provide for the licensee to receive
reasonable compensation for any recovered submerged archaeological
historic property or submerged paleontological property claimed and
turned over to the State.
(E) No license is required of the institute or, where submerged
paleontological property is involved, the South Carolina Museum
Commission, which may conduct any undertakings provided for by this
article. All recovered submerged archaeological historic property and
submerged paleontological property belong to the State.
(F) Any persons desiring to recover anything of value other than
submerged archaeological historic property or submerged
paleontological property must obtain permission from the State Budget
and Control Board under the terms the board determines.
(G) A person may not recover, collect, excavate, or disturb a
submerged archaeological historic property or submerged
paleontological property on submerged lands over which the State has
sovereign control without a license from the institute.
(H) The institute shall issue and administer licenses for any
activity involving the recovering, collecting, excavation, or disturbance
of submerged archaeological historic property and submerged
paleontological property on submerged lands over which the State has
sovereign control.
Section 54-7-660. A person may inspect, study, explore,
photograph, measure, record, conduct a reconnaissance survey, use
magnetic or acoustic detection devices, or otherwise use and enjoy
a submerged archaeological historic property and/or submerged
paleontological property without being required to obtain a license, if
the use or activity does not:
(1) Involve excavation, destruction, substantive injury or
disturbance of the historic property, a paleontological site or its
immediate environment;
(2) Endanger other persons or property; or
(3) Violate other regulations or provisions of federal, state, or
local law or ordinance.
Section 54-7-670. (A) A person desiring to conduct temporary,
intermittent, recreational, small scale, noncommercial search and
recovery of submerged archaeological historic property or submerged
paleontological property shall apply for a hobby license from the
institute. Any person collecting from state property such as river banks
or beaches below the mean high watermark shall apply for a license.
(B) A person desiring to apply for a hobby license shall submit a
completed application upon a standard form prescribed by the institute
together with a license fee. The institute may prescribe fees in the
amount sufficient to defray the cost of administration of the article and
may from time to time adjust them. The institute shall publish a fee
schedule, signed by the director, annually. A license fee schedule must
be made available by the South Carolina Institute of Archaeology and
Anthropology on an annual basis.
(C) This nonexclusive statewide license may be granted optionally
for a six-month or two-year period and must be renewed within the
period for which the license is granted.
(D) There are two categories of hobby licenses, individual and
instructional. Individual licenses may be granted to individuals, or
members of an immediate family. Instructional licenses may be
granted to a skin and scuba diving instructor or an organized training
facility.
(E) Hobby license holders may not exercise the privileges of their
licenses in waters for which any type of exclusive license has been
granted and is in effect or in waters for which such exclusive licenses
become effective during the life of that exclusive license.
(F) This section limits the recovery of objects or materials from
submerged archaeological historic property and submerged
paleontological property under a hobby license to a limited number of
objects which can be recovered by hand. All powered mechanical
dredging and lifting devices and buoyancy equipment of any sort are
prohibited, including but not limited to, prop wash, air lift, water dredge
and pneumatically operated lift bags, under the license.
(1) A person with a hobby license, may collect from any one site,
not more than ten artifactual items, and/or ten complete fossil specimens
a day that:
(a) are exposed or resting on the bottom sediments of
submerged lands;
(b) do not require excavation to recover;and
(c) weigh cumulatively not more than a total of fifteen pounds.
(2) No artifactual or paleontological materials may be recovered
from a site unless they can be obtained by hand.
(3) No specimen may be recovered from a fossil specimen with
joined or interrelated elements before contacting the museum.
(G) (1) All persons who have collected objects in accordance
with Sections 54-7-670 or 54-7-680 shall furnish the institute with a
report, which is to include a list of the objects and a description of the
places from which the objects were recovered. Hobby divers are also
encouraged, but not required, to include photographs or drawings of
artifacts recovered and rough sketch plans of the site or map of the
location with the exception of shipwreck sites covered under subsection
(G)(2) of this section. Reports must be filed within ten days following
the end of the calendar quarter in which the activities took place.
(2) No more than ten artifacts may be recovered from a
shipwreck site. Divers may not destroy the integrity of the ships'
structure by removing timbers, fittings, fastenings, or machinery. Hobby
divers who have recovered any artifacts from a shipwreck site must
include in the report both a locational reference to the shipwreck site by
locating the site on a topographic or hydrographic chart and a sketch
map of the wreck site showing the location where the artifacts were
recovered from in relation to the wreck.
(3) (a) The institute shall review each list of objects and within
sixty days from the receipt of the quarterly report may elect to:
(i) retain the state's title and control of those artifactual
items that the institute considers to be of primary scientific value, of
major archaeological, anthropological, historical, recreational or other
public value; and
(ii) release the state's title to those artifactual items the
institute does not consider to be of primary scientific value, of major
archaeological, anthropological, historical, recreational, or other public
value.
(b) Objects recovered that are not considered by the
institute to be artifactual items may be retained by the persons who
collected the objects.
(c) If the institute has not acted by the end of the sixty days,
title to the artifactual material recovered and listed on the quarterly
report is automatically conveyed to the licensee.
(d) If the institute has determined that the licensee has
violated any of the terms of this article, the institute may require the
artifacts be turned over to the institute, and revoke the license.
(H) (1) All persons who have collected fossil specimens in
accordance with this section or Section 54-7-680 shall furnish the
museum commission with a report, which must include a list of the
fossils and a description of the places from which the fossils were
recovered. Hobby divers are also encouraged, but not required, to
include photographs or drawings of fossils and rough sketch plans of the
site or map of the location. Reports must be filed within ten days
following the end of the calendar quarter in which the activities took
place.
(2) (a) The museum shall review each list of specimens within
sixty days from the receipt of the quarterly report and may elect to:
(i) retain the state's title and control of those fossil
items that the museum considers to be of primary scientific value,
educational value, or paleontological value and;
(ii) release the state's title to those fossil items the
museum does not consider to be of primary scientific value, educational
value, or paleontological value.
(b) Specimens recovered that are not considered by the
museum to be paleontological material may be retained by the persons
who collected the fossils.
(c) If the museum has not acted by the end of the sixty
days, title to the paleontological material recovered and listed on the
quarterly report is automatically conveyed to the licensee.
Section 54-7-680. (A) A dive instructor, dive store, club, or dive
charter business desiring to allow student divers or charter group divers
without individual hobby licenses to collect artifacts requires an
instructional license. The instructional license allows only recreational,
small scale, noncommercial search and recovery operations. A person
whose name the instructional license is under is not required to have a
hobby license. Quarterly reports must be submitted under the licensee's
instructional license number.
(B) A facility such as a dive store, club, or dive charter business
offering state-sanctioned Archaeological Sport Diver Certification is
required to have an instructional license.
(C) A person or facility desiring to apply for an instructional
license should submit a completed application upon a standard form
prescribed by the institute together with a license fee. A license fee
schedule must be made available by the South Carolina Institute of
Archaeology and Anthropology on an annual basis. Instructional
licenses may be renewed optionally on either a six-month or a two-year
basis.
(D) The same conditions as a hobby license apply to the collection
of artifacts under an instructional license. Each diver covered by the
instructional license may recover up to ten artifacts and/or fossils a day.
Quarterly reports listing artifacts collected by student or charter dive
groups must be submitted to the institute by the holder of the
instructional license. Reports must be filed within ten days following
the end of the calendar quarter in which the activities took place.
(E) The same conditions as a hobby license apply to the collection
of fossils under an instructional license. Quarterly reports listing
paleontological materials collected by student or charter dive groups
must be submitted to the museum by the holder of the instructional
license.
Section 54-7-690. (A) The institute may issue an intensive survey
license or a data recovery license. Each license is exclusive to the
applicant so that, for the duration of the license and any applicable
exclusive interest period, the institute may not issue a license to any
other person for the same location.
(B) An intensive survey license may be issued to an applicant to
carry out an intensive survey for the purpose of delineating the
boundaries of a specific location which the applicant believes may
contain submerged archaeological historic property or submerged
paleontological property.
(C) A data recovery license may be issued to an applicant to conduct
data recovery on submerged archaeological historic property or
submerged paleontological property if the applicant has submitted
positive results of an intensive survey license which was previously
issued by the institute for the same location. The results must include,
as applicable:
(1) documentary archival evidence, and if no documentary
evidence is found, primary and secondary sources consulted must be
listed;
(2) electronic remote sensing data; and/or
(3) artifactual or fossil specimen evidence recovered from a
proven site context.
(D) A person who seeks to excavate, or disturb submerged
archaeological historic property or submerged paleontological property
shall apply for a license from the institute.
(E) The institute may waive the requirement of a license under
this article if the activity underlying the license is an undertaking that is
subject to Section 106 of the National Historic Preservation Act, and the
applicant is complying with the provisions of that law and any
corresponding regulations.
(F) Applications for licenses must be made upon standard forms
prescribed by the institute. Each application must include at least:
(1) the precise position of the project location including a map
of sufficient detail to enable the location to be accurately depicted on a
standard marine navigational chart;
(2) the depth of the project location;
(3) the applicant's opinion, based upon archival or archaeological
research as to specific characteristics of the submerged archaeological
historic property including, at a minimum and where applicable, size,
age, type and identity, methods and materials of construction, and the
general condition of the property. In the case of submerged
paleontological property the applicant's opinion, based upon archival or
paleontological research as to specific characteristics of the submerged
paleontological material including, at a minimum and where applicable,
size, geologic time period, type and identity, and the general condition
of the fossils. The institute may also require the applicant to submit
pertinent archival, archaeological, paleontological, and other research
data utilized by the applicant as the basis of the applicant's opinion.
(4) a proposed research plan, which must conform to the
standards of underwater archeology established by the institute, and
designed to recover relevant scientific, historical, architectural,
paleontological or other data as well as artifacts. It must be in a form
prescribed by the institute and detail the proposed techniques and
methods of excavation, recovery, conservation, inventory, recordation,
storage of recovered materials, dissemination of data, and the proposed
starting date and length of time expected to be devoted to the work. The
proposed research plan must also consist of:
(a) a description of the proposed methodology, identification,
documentation, or other treatment of submerged archaeological historic
property or submerged paleontological property that identifies the
project's goals, methods, and techniques, expected results, and the
relationship of the expected results to other proposed activities or
treatments.
(b) a justification of the specific techniques and methods
proposed to be used;
(5) information regarding the personnel who will be
performing the work. This information must include at least the
following:
(a) the name and address of the applicant;
(b) the name and address of the field archaeologist who will
be immediately supervising the work;
(c) the names and addresses of all persons who will participate
in the work; and
(d) a listing for each individual, including the field
archaeologist, of his relevant experience, training, and certifications in
maritime archeology or related fields.
(6) a listing of the proposed equipment to be used in the work or
that will be available for use;
(7) a copy of the applicant's most current financial statement and
an explanation of the applicant's proposed resources financially to
support the work; and
(8) the appropriate license application fee.
Section 54-7-700. (A) The institute may issue an exclusive license
for the excavation, or disturbance of submerged archaeological historic
property and submerged paleontological property on submerged lands
over which the State has sovereign control to any person or entity for the
time and under the conditions as the institute considers appropriate.
After an agreement has been entered into pursuant to Section 54-7-650(B), licenses may be issued if the institute determines that:
(1) issuance of the license is in the best interests of the State; and
(2) the applicant has completed an application which includes
a research plan that meets standards established by the institute
regarding professional qualifications, techniques, and methodology for
recovery and dissemination of data, and proper conservation of
information and materials.
(B) The institute may not issue an exclusive license to a person or
entity seeking title to a submerged archaeological historic property or
submerged paleontological property or a portion of such property, or to
a person or entity seeking to utilize a submerged archaeological historic
property or submerged paleontological property for commercial salvage
or other income-producing purposes, unless:
(1) issuance of a license is consistent with the purposes of
subsection (A) (2) of this section;
(2) the applicant has provided the institute with some form of
assurance acceptable to the institute that the project will be carried out
and completed in accordance with the research plan approved by the
institute; and
(3) the institute finds one or more of the following conditions
met:
(a) the property to be excavated or disturbed is, in the opinion
of the institute, threatened with imminent destruction or substantial
damage by natural factors or by human factors unrelated to the
commercial excavation or disturbance of the submerged archaeological
historic property or submerged paleontological property in question;
(b) the submerged archaeological historic property or
submerged paleontological property is not, in the opinion of the institute,
of primary scientific value, of major archaeological, anthropological,
historical, recreational, or other public value;
(c) the proposed disturbance will be minor in scale and will
produce information relevant to the goals of the South Carolina Institute
of Archaeology and Anthropology or the South Carolina Museum
Commission regarding the management and preservation of submerged
archaeological historic property and submerged paleontological
property; or (d) that the subject property of the license
will not be excavated by any other person in the foreseeable future and
that property will remain submerged until that time.
(C) The institute may apply the requirements of subsection (B) of
this section to all noncommercial applicants.
(D) (1) The institute may charge reasonable fees for the issuance
of exclusive licenses and may require a licensee to assist in defraying the
cost of the institute's and/or museum's review, administration, and
supervision of the license.
(2) the institute may prescribe fees in the amount sufficient to
defray the cost of administration of this article. Amounts of license
application fees must be as provided in a fee schedule established and
revised periodically by the institute. The fees may vary depending upon
the type of license and other circumstances such as whether the applicant
is a commercial applicant or a noncommercial applicant and whether or
not the applicant is a resident of this State or an institution or entity that
is organized under the laws of this State.
(3) Copies of the fee schedule must be available for
examination at the institute's Columbia and Charleston offices, and at the
museum. The institute and the museum shall provide copies to the
public on request.
(4) The institute reserves the right to waive the license application
fee, in whole or in part, if the institute considers it appropriate in order
to adjust the reasonableness of the fee as a proportion of the potential
value and risk in undertaking the licensed project to the anticipated costs
of the institute to review, supervise, and administer the license.
(5) The license application fee is nonrefundable except that if the
institute rejects a license application, the institute may retain only that
portion of the fee which covers the costs of reviewing the application,
and shall return the remainder of the fee to the applicant.
Section 54-57-710.(A) The institute shall consider at least the
following criteria when determining whether or not to issue an exclusive
license:
(1) the degree of archaeological, anthropological, historical,
paleontological, and scientific importance, and public educational
potential of the proposed property, including, without limitation, its
eligibility for inclusion in the National Register;
(2) the date the application was received in order to give
priority to the first applicant requesting a license for a particular project
location;
(3) the degree and scope of planning undertaken by the
applicant including project readiness and financial feasibility and
commitment to undertake and complete the work;
(4) the degree of training and experience of the applicant, his
personnel or his field archaeologist or field paleontologist in the field of
maritime archeology or paleontology and underwater fossil recovery;
(5) the extent to which the applicant's responses in the
application are thorough;
(6) the extent to which the applicant possesses, or will possess
at the beginning of the work, the necessary equipment to undertake the
license activity; and
(7) the degree of public benefit to be derived from issuance of
the license in relation to the degree of harm to the state's submerged
archaeological historic property or submerged paleontological property
to be expected from issuance of the license.
(B) The institute may not issue an exclusive license under this
article unless:
(1) The institute has made a written determination that
issuance of the license is in the best interest of the State; and
(2) The institute has made a written determination that the
applicant has submitted a complete application, including a research
plan, in form and content satisfactory to the institute which satisfies all
of the requirements of this section.
(C) Accompanied by the applicant, a representative of the institute
and/or the museum may visit the proposed project location to determine
the license area boundaries and to confirm the information required.
(D) (1) the institute may require a public hearing before a
decision regarding the issuance of an exclusive license.
(2) public notice of an application must be posted in a
prominent place at the institute and may be circulated to state, federal
and local agencies as appropriate.
(3) the public hearing may be held at a location designated by
the institute.
(4) at a hearing the applicant shall present his application to
the institute, agencies, and the public and allow questions, comment, and
responses by these groups.
Section 54-7-720. (A) (1) The institute may approve an
exclusive license application from a commercial applicant, but delay
issuance of the license until the following conditions have been satisfied
within a time period determined by the institute:
(a) The applicant has designated and, if required, placed into
escrow the costs associated with the institute's monitoring of the work
undertaken, if monitoring is required by the institute;
(b) The applicant has identified and received the institute's
approval of the facility proposed to conduct conservation of any
recovered artifacts and fossils needing stabilization or articulation;
(c) In the case of a data recovery license, the institute and the
applicant have agreed upon all issues of disposition and title to
submerged archaeological historic property or submerged
paleontological property which may be recovered by the applicant;
(d) The applicant has furnished the institute with a form of
assurance acceptable to the institute and adequate to guarantee that if
work under the license is interrupted or abandoned, the necessary
archaeological and/or paleontological fieldwork, analysis, report
preparation, conservation, and curation will be carried out in accordance
with the research plan approved by the institute. This assurance may be
in the form of escrowed funds, a letter of credit, a performance bond, or
other type of assurance acceptable to the institute. The type and amount
of assurance may be negotiated between the applicant and the institute,
but the amount normally must be a sum equal to at least five times the
amount budgeted and approved by the institute for field recovery, unless
a lesser amount is determined by the institute to be acceptable; and
(e) Any other condition that the institute considers necessary
to protect the integrity of submerged archaeological historic property or
submerged paleontological property.
(2) The requirements of item (1) of this subsection also apply to
noncommercial applicants for exclusive licenses who are seeking title
to submerged archaeological historic property or submerged
paleontological property, other than an agency or unit of the State.
(B) If the institute determines not to issue a license, the institute
shall issue a written notice of denial.
(C) (1) An applicant may request reconsideration of a denial
by submitting a written request to the institute which must be received
within thirty days following the date of the institute's denial notice. The
request for reconsideration must address each reason for the denial and
provide documentation supporting reasons for reconsideration of the
issues.
(2) Any person aggrieved by the decision of the institute may
request an institute hearing.
(3) The hearing must be held and the institute's final decision
issued within sixty days of the date of the hearing.
Section 54-7-730. (A) Each license issued by the institute must
contain at least the following provisions:
(1) the duration of the license;
(2) the boundaries of the area in which the work will be
undertaken;
(3) a description of the scope of work to be undertaken by the
licensee, and, if a data recovery license, a description of the artifactual
and/or paleontological materials expected to be recovered;
(4) a listing of the key personnel including the field archaeologist
who will be conducting the work; and
(5) a description of the expected types of activity which must be
undertaken by the licensee in order to restore the submerged lands
following completion of the intensive survey or investigation.
(B) A license issued by the institute may contain provisions
requiring monitoring of the license activity by a monitoring
archaeologist and/or a monitoring paleontologist in order to ensure
compliance with the provisions of the license and this article. These
provisions, if any, must be so noted on the license.
Section 54-7-740. For each license issued by the State
Archaeologist the following provisions also apply:
(1) (a) The assignment of additional personnel or any change in
the personnel from that scheduled in the application to perform the work
is subject to prior approval by the institute in order to assure that the
overall qualifications of the licensee are consistent with those originally
considered by the institute in the issuance of the license.
(b) The institute must be afforded at least ten business days
to review the qualifications of proposed new personnel before approving
their assignment. If the institute fails to respond within the ten-day
period the new personnel are considered approved.
(2) (a) At all times there must be a person designated by and
acting for the licensee aboard any vessel or present at any phase of the
work carried out under the license who is responsible for the work and
the proper accounting of all artifacts and fossil specimens located or
recovered, and who must be familiar with, and responsible for
compliance with, the terms and requirements of the license.
(b) At all times the work must be under the immediate
supervision of a professional field archaeologist with training or
experience in maritime archeology that is acceptable to the institute or,
where a paleontological property is involved, a field paleontologist or
museum curator that is acceptable to the museum.
(c) The monitoring archaeologist, if any, shall ensure that the
field archaeologist complies with the research plan approved by the
institute.
(d) The monitoring paleontologist, if any, shall ensure that the
field paleontologist complies with the research plan approved by the
institute and museum.
(e) Any disputes or differences of opinion between the field
archaeologist and the monitoring archaeologist must be resolved by the
monitoring archaeologist.
(f) Disputes or differences of opinion between the field
paleontologist and the monitoring paleontologist must be resolved by the
monitoring paleontologist.
(g) If a license contains monitoring provisions:
(i) The licensee must be financially responsible for the cost
associated with the institute's and/or museum's monitoring of the work
undertaken; and
(ii) The licensee shall act in accordance with the direction
given by the monitoring archaeologist and/or monitoring paleontologist,
especially with respect to:
a. methods of handling any artifact or fossil specimen so
as to minimize any risk of loss, damage, substantive injury to, or
deterioration of, the artifact or specimen;
b. methods of preserving from damage, decay, or
deterioration any artifact or fossil specimen by contact with air, light, or
otherwise;
c. methods of entering upon or dealing with any site so to
avoid as much as possible any damage to the site; and
d. methods of cataloguing, indexing, or recording any
artifacts and/or fossil specimens found upon or in the vicinity of any site
whether or not those artifacts or specimens are brought to the surface.
(3) (a) Changes in financial support or equipment for the project
from that listed in the license application must be approved by the
institute.
(b) The licensee shall notify the institute in writing of changes
or proposed changes in financial support or equipment from that noted
in the license application. The notice shall contain information
regarding the change in the form and detail required by the institute.
The institute must be afforded at least ten business days to review the
changes before making a decision whether or not to approve them. If
the institute fails to respond within the ten-day period, the changes are
considered approved.
(c) If the institute determines that changes or proposed
changes in the financial support or the equipment for the project from
that listed in the license application decrease materially the licensee's
ability to carry out and complete the project in accordance with the
research plan approved by the institute, the State Archaeologist may
revoke the license.
(4) (a) The institute may require that security be provided and
maintained for sites where submerged archaeological historic property
or submerged paleontological property are discovered that are
sufficiently significant to warrant protection.
(b) If the institute determines that a site warrants protection, the
licensee is responsible for providing and maintaining security for the
site.
(c) The State is not responsible for marking or protecting a site
except as the institute may determine to be desirable in the
administration of this article.
(5) During work carried out under a license granted by the
institute, the applicant shall maintain logs of all activities related to the
license on standard forms prescribed by the institute, which must
include:
(a) a day log;
(b) a survey log;
(c) a diving log;
(d) a photographic log; and
(e) an artifact log, including a catalogue numbering system
prescribed by the institute.
(6) (a) The licensee may not use any means of survey or
excavation that would destroy or substantially injure a submerged
archaeological historic property or submerged paleontological property
before its location has been documented.
(b) The licensee may not use explosives, cutterhead dredges,
draglines, clam dredges, airlifts, suction dredges, prop wash deflectors,
or other grossly destructive devices in any aspect of activities covered
under a license without the prior written consent of the institute.
(7) (a) Recovery of artifacts and/or fossils may be made only
under the supervision of the monitoring archaeologist in accordance with
the research plan approved by the institute.
(b) Large artifacts such as cannons, anchors, and hull remains,
that have not been specified for recovery in the license, may not be
recovered unless the licensee has obtained specific written permission
from the institute.
(c) Before a division of artifacts and/or fossils in accordance with
the method established at the issuance of the license, the licensee may
not:
(i) devise, bequeath, transfer, convey, or dispose of by any
manner an artifact or fossil recovered under the authority of a license;
or
(ii) melt, render down, or in any way change the shape,
character or form of an artifact or fossil recovered under the authority of
a license.
(8) (a) The licensee is wholly responsible for transporting,
storing, insuring, and conserving all artifacts and fossils raised under the
license and for the costs associated with these activities.
(b) The licensee shall deliver by a safe means all artifacts
and/or fossils recovered during each calendar month through the
duration of the license to the conservation facility approved by the
institute in accordance with Section 54-7-720(A)(1)(b) for secure
storage until the artifacts and/or fossils are treated or disposed of in
accordance with the license. The licensee shall ensure delivery of the
artifacts and/or fossils to the conservation facility on or before the
fifteenth day of the month following the calendar month in which the
recovery of the artifacts and/or fossils occurred, unless a different time
has been set in the license.
(c) Every artifact and fossil delivered for storage to the
conservation facility must be catalogued on an inventory form. The
inventory form shall indicate receipt of the artifacts and/or fossils
through the signature of a person authorized by the facility to receive the
artifacts and fossils from the licensee. One copy of the inventory must
be retained by the licensee, one copy must be transmitted to the institute,
and one copy must be kept with the artifacts and/or fossils at the
conservation facility.
(d) The institute may designate separate storage areas for artifacts
and fossils which are bulky and of a comparatively low intrinsic
historical, scientific, or educational value from those items of high
intrinsic historical, scientific, or educational value.
(e) While any artifact or fossil is in storage, the state may use
whatever means appropriate to inspect, document, conserve, record, and
analyze the artifact or fossil.
(9) (a) The licensee shall comply fully with all applicable federal,
state, or local safety regulations governing activities exercised under the
privileges of the license.
(b) The licensee shall agree to indemnify the State and the
institute from liability in accordance with Section 54-7-820(B).
(c) The licensee shall maintain adequate insurance coverage for
worker's compensation and liability to cover all activities under the
license.
(10) The licensee shall remove all waste, refuse, rubbish, or litter
from the submerged lands caused by the licensed activity.
(11) (a) The licensee shall comply fully with all federal, state and
local laws and regulations which govern the activities exercised under
the privileges of the license and shall apply for, receive, and fully
comply with all necessary licenses and permits.
(b) The licensee shall ensure that its operations are conducted in
a manner so as not to impede navigation in existing federal or state
navigation channels or to damage or destroy important natural areas,
geologic formations, ecological preserves, or habitat areas.
(12) In addition to any monitoring requirement that may be set
forth in the license, a representative of the institute or, where
paleontological property is involved, a representative of the museum
may visit and be present at the location of operations carried out under
a license including diving operations, storage, conservation, recordation,
or any other aspect of the operations for which a license has been
granted in order to ensure compliance with the license and this article.
(13) (a) A representative of the institute or other designated state
enforcement authority may at any time require the licensee to produce
the license for examination.
(b) A representative of the institute may examine all work done
or being done under the license.
(14) Licensees shall maintain records and file reports of activities
as the institute specifies in the license. All records must be open to
inspection by representatives of the institute or, where paleontological
property is involved, representatives of the museum during reasonable
working hours.
(15) A license, or any part of a license, may not be assigned by the
licensee to another person including a successor in interest of the
licensee without the prior written consent of the institute. The work
covered by a license may not be contracted or subcontracted by the
licensee to any party not addressed by the license without the prior
written consent of the institute.
(16) The licensee, shall retain full responsibility for the operations
conducted under the license whether or not any of the work has been
contracted or subcontracted. At all times there must be a person
designated by the licensee aboard a vessel or present at any phase of the
operation conducted under the privileges of the license who must be
responsible for the work and who is familiar with the law, stipulations,
and directives concerning the work and who is responsible for
compliance with them in order to insure preservation of submerged
archaeological historic property and/or submerged paleontological
property.
(17) The licensee shall prohibit its agents or employees from
retaining any artifact and/or fossil specimens from a site.
(18) (a) No applicant may be granted more than one exclusive
license for the same time period.
(b) To afford adequate protection for the interest of the State, it
is the policy of the institute to limit the number of licenses granted to
those that can be properly supervised, monitored, and administered by
the authorized agents of the institute.
Section 54-7-750. (A) The conditions set forth in this section for
intensive survey licenses apply in addition to the terms and conditions
for all licenses.
(B) (1) The institute may issue an intensive survey license for up
to a defined one square mile area.
(2) (a) The institute may issue an intensive survey license for
up to ninety days.
(b) The licensee may request in writing renewal of the license
for one additional period of up to ninety days. Upon application and
payment to the institute of an additional fee in the same amount as the
initial fee no later than fifteen days before the expiration of the license,
the institute may renew a license under which the work has adhered to
the license if the institute finds the renewal to be in the best interest of
the State.
(c) (i) Upon written request and payment to the institute of an
additional fee in the same amount as the initial fee, at any time
throughout the duration of a license, the licensee may reserve intensive
survey rights in the square mile sections immediately surrounding, and
contiguous to, the license area. Unless specifically approved in writing
by the institute, the licensee may not carry out any activity in the
reserved area until the institute's issuance of an additional license for the
reserved area.
(ii) The institute may issue an additional intensive survey
license for the requested reserved area without any subsequent additional
fee if the institute has determined that the licensee has adhered to the
terms of the initial license.
(C) With a minimum of disturbance to the site the licensee shall:
(1) identify the source of anomalies;
(2) delineate the extent of the site; and
(3) evaluate the potential characteristics and significance of
the submerged archaeological historic property or submerged
paleontological property in consultation with the monitoring
archaeologist or other representative of the institute or museum.
(D) The licensee may not recover artifacts and/or fossil materials
other than a limited number of small diagnostic artifactual and fossil
materials that are useful in dating the site or in otherwise determining
site significance.
(E) (1) If the institute determines that the licensee has carried out
the intensive survey in compliance with the license and this article, the
institute may:
(a) retain the state's title and control of those artifactual and
fossil items that the institute considers to be of primary scientific value,
or of major archaeological, anthropological, historical, paleontological,
recreational, or other public value; and
(b) release the state's title to those artifactual and fossil
items the institute does not consider to be of primary scientific value, or
of major archaeological, anthropological, historical, recreational, or
other public value.
(F) (1) (a) Unless waived in writing by the licensee, the
licensee has an exclusive interest for data recovery purposes in the
intensive survey license area for one hundred eighty days from the
expiration date of the license. The licensee must apply for a data
recovery license in accordance with the provisions of this article within
the one hundred eighty-day period in order to exercise the licensee's
exclusive interest.
(b) If the licensee has reserved intensive survey rights in areas
immediately surrounding and contiguous to the licensed one square mile
section, then, unless waived in writing by the licensee, the licensee has
an exclusive interest for data recovery purposes in those reserved areas,
if an intensive survey has been conducted in those areas, for one
hundred eighty days from the expiration of a license related to those
areas that has been issued to the licensee. The licensee shall apply for
a data recovery license in accordance with the provisions of this article
within the one hundred eighty-day period in order to exercise the
licensee's exclusive interest.
(2) If the institute does not receive the data recovery license
application for the surveyed area within the one hundred eighty-day
period or the extended period, the institute may then accept license
applications from other persons.
Section 54-7-760. (A) The conditions established in this section
for data recovery licenses apply in addition to the terms and conditions
for all licenses established in Section 54-7-670 through 54-7-730.
(B) (1) An applicant may not be issued more than one license at
a time for a single submerged archaeological historic property or
submerged paleontological property unless the institute determines that
the applicant is capable of carrying out all proposed activities in a
manner satisfactory to the institute, and that the licenses can be properly
supervised and administered by the institute.
(2) The institute may issue a data recovery license for an
appropriate period not to exceed one year. The licensee may request in
writing renewal of the license for the same additional period. Upon
application and payment of an additional fee not later than thirty days
before the expiration of the license, the institute may renew a license
under which work has adhered to the license if the institute finds the
renewal to be in the best interest of the State.
(C) (1) In areas disturbed under license, all artifacts encountered
must be recovered by the licensee, with the exception of large artifacts
such as cannons, anchors, and hull remains which would require special
handling, storage, and preservation. The licensee shall contact the
institute when large artifacts or hull remains are involved.
(2) In areas disturbed under license, all specimens encountered
must be recovered by the licensee, with the exception of fragile fossils
which would require special handling, storage, and preservation or
complete or partial intact skeletal remains. The licensee shall
immediately contact the museum if complete or partial intact skeletal
remains are found if the fossil needs special handling to insure its
preservation on excavation.
Section 54-7-770. Upon the written request of the licensee or, if
considered necessary by the institute, the institute may issue a
modification to the license that can add, delete, or modify provisions
contained in the license if the modification is consistent with this article.
(1) The institute may determine that with respect to a particular
application for a data recovery license, it is in the best interest of the
State to do either, or a combination of the following:
(a) retain the state's title and control of all or a portion of
recovered submerged archaeological historic property or submerged
paleontological property; or
(b) enter into a disposition agreement and convey the state's title
to all or a portion of recovered submerged archaeological historic
property or submerged paleontological property.
(2) (a) A data recovery license issued by the institute also may
include a disposition agreement that authorizes the state's conveyance of
title to submerged archaeological historic property or submerged
paleontological property, or a portion of the property, if:
(i) The institute and the applicant have agreed upon a
division of the artifacts and/or fossils expected to be recovered which
may be in value, in kind, or a combination of both; and
(ii) The applicant has agreed that its share of the division
constitutes reasonable compensation for the recovery of artifacts and/or
fossils to which the institute determines to retain the state's title.
(b) The institute shall act as arbiter of the division of artifacts
and fossils giving due consideration to the fair treatment of the applicant
and acting in the best interest of the State which may include the desire
to maintain the integrity of a collection as a whole.
(c) The terms of a disposition agreement must include a provision
that, except as provided in item (d) of this subsection, following the
actual disposition of the artifacts and/ or fossils, the licensee owns the
artifacts and/or fossils free and clear of any interest of the institute or the
State.
(d) The terms of a disposition agreement may include:
(i) An option or right of first refusal by the institute to
purchase from the licensee after disposition of title one or more artifacts
and/or fossils about which the institute has made a written determination
to be of archaeological, anthropological, historical, recreational, or other
public value to warrant reacquisition by the institute in certain
circumstances; and
(ii) The terms of additional compensation to be received by
the licensee if, after recovery of the artifacts and/or fossils, the institute
elects to retain title to more artifacts and/or fossils than as originally
provided in the disposition agreement.
(3) A representative of the institute or, where submerged
paleontological property is involved, a representative of the mseum, and
the licensee shall inspect all artifacts and/or fossils recovered under the
license within a reasonable time following recovery but, in no event later
than sixty days after the expiration of the license.
(4) The institute and the licensee shall carry out the terms of
disposition of artifacts as agreed upon in the license which will allow for
a reasonable time for photography, study, research, and conservation of
the artifacts and/or fossils.
(5) The licensee is not entitled to claim any sum other than
payment, if any, which may be provided for under the disposition
agreement, and is not entitled to claim reimbursement of expenses of
data recovery.
Section 54-7-790. (A) A license is not required of the institute for
any undertaking otherwise requiring a license under this article.
(B) A license is not required of the museum for any undertaking
involving paleontological property otherwise required under this article.
Section 54-7-800. (A) The institute may suspend operations
under a license at any time for just cause if it has reason to believe that
the terms and provisions of a license or other applicable law or
regulation are being violated. Within ten days of the suspension, the
State Archaeologist or his designee shall begin investigating the facts
underlying a suspension. Upon conclusion of this investigation, the State
Archaeologist shall issue a written determination recommending either
that the license be restored or that the license be revoked. If the State
Archaeologist recommends revocation of the license, then the license
shall remain suspended until the matter is resolved as provided in this
section.
(B) The State Archaeologist may revoke a license for:
(1) failure to begin work under the terms of the license within
the first one-third of the period of the license;
(2) failure to work diligently toward completion of the project
after it has been started or failure to maintain a presence on the site if
weather permits;
(3) if a licensee knowingly makes or causes to be made a false
statement or report that is material to an action taken by the institute;
(4) failure to comply with any of the provisions of the license;
(5) violation of this article or any other pertinent law or
regulation; or
(6) when a license has been issued based upon incorrect
information, mistaken belief, or clerical error, or any other just cause as
provided by this article.
(C) (1) The institute shall serve a notice of intent to revoke a
license upon the licensee with a brief statement of the reasons alleged.
(2) The licensee may request a hearing within thirty days of
receiving the notice by filing a written request for a hearing with the
institute.
(3) The hearing must be held in accordance with Article 3,
Chapter 23, Title 1, the Administrative Procedures Act.
(D) The institute or anyone authorized by the institute may
appropriate any artifacts and data that have been collected or recovered
as a result of a violation of this article. The appropriated artifactual
materials must be managed, cared for, and administered by the institute
and the appropriated paleontological materials must be managed, cared
for, and administered by the museum until a hearing can be held.
Section 54-7-810. (A) (1) A person who violates any of the
provisions of Section 54-7-650(G) or Section 54-7-660 is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of not
more than one thousand dollars or imprisonment for not more than thirty
days, or both.
(2) Each day a violation continues constitutes a separate offense.
(B) (1) A person who violates the terms of a hobby license issued
by the institute under Sections 54-7-670 or 54-7-680, or both, is guilty
of a misdemeanor and, upon conviction, must be punished by a fine of
not more than one thousand dollars or imprisonment for not more than
thirty days, or both. If a person holds a hobby license issued under these
sections, the license may be revoked by the institute.
(2) Each day a violation continues constitutes a separate offense.
(C) (1) A person who violates the terms of an exclusive license to
utilize a submerged archaeological historic property or paleontological
property for commercial salvage or other income producing purposes
issued pursuant to Section 54-7-690 is guilty of a misdemeanor and,
upon conviction, must be punished by a fine of not more than ten
thousand dollars or imprisonment for not more than one year, or both.
If the person holds a license issued under that section, the license may
be revoked by the institute.
(2) Each day a violation continues constitutes a separate
offense.
Section 54-7-820. (A) The institute reserves the right to retain
and distribute for research or educational purposes data provided to the
institute under this article. All archaeological and paleontological
records of the South Carolina Institute of Archaeology and
Anthropology and the South Carolina Museum Commission pertaining
to submerged archaeological historic properties and submerged
paleontological properties, including but not limited to, actual locations
of the properties or mandatory reports from licensed divers concerning
locations of the properties or objects or materials recovered from such
properties, are not considered public record for purposes of the Freedom
of Information Act. These records may only be opened when the State
Archaeologist considers that it is in the best interest of the State to allow
access to the records upon good cause shown by the persons petitioning
to open the records.
(B) The State and the institute are not liable or responsible for any
accident, injury, or other harm sustained by any person or loss, damage,
or harm to any vessel, equipment, or property in any way connected or
associated with activities conducted on or about submerged lands with
or without a license. Licensees shall agree to protect, indemnify, and
hold harmless the institute and the State against liabilities, suits, actions,
claims, demands, losses, expenses, and costs of every kind incurred by,
or asserted or imposed against, the institute or the State as a result of or
in connection with the license. All money expended by the institute or
the State as a result of these liabilities, suits, actions, claims, demands,
losses, expenses, or costs, together with interest at a rate not to exceed
the maximum interest rate permitted by law, is due and payable
immediately and without notice by the licensee to the institute or the
State, as appropriate.
(C) (1) If, in the course of activity licensed under this article, a
person discovers human remains or an apparent grave site, the person
shall:
(a) leave the remains undisturbed unless the remains are a
person who died in the course of diving operations;
(b) immediately notify the State Archaeologist, Deputy
State Archaeologist for Underwater or a representative of the institute;
and
(c) suspend activity at the site until permitted to resume by the
institute.
(2) The State reserves the right to recover human remains for
the purpose of study or reburial in accordance with any pertinent federal
or State law.
(D) (1) Except as may be otherwise specifically provided, the
Deputy State Archaeologist for Underwater is designated to issue
licenses and otherwise administer this article.
(2) The institute may establish from time to time detailed
guidelines containing archeology standards, processing requirements,
and other requirements or matters relating to the administration of this
article.
(E) The institute may waive or vary particular provisions of this
article to the extent that the waiver or variance is not inconsistent with
this article and if, in the written determination of the institute, the
application of a provision of this article in a specific case or in an
emergency situation would be inequitable or contrary to the purposes of
the article.
Section 54-7-830. Nothing in this article may be construed to limit
or prohibit the use of privately-owned land by its owner, or require the
owner to obtain a license required by this article for any activity on his
privately-owned land.
Section 54-7-840. The institute shall:
(1) establish and maintain an educational program for the training
of interested members of the public in the identification, recordation,
and registration of submerged archaeological historic property, and
certify those who have successfully completed such training; and
(2) ensure that at least one member of the staff of the institute is
qualified by training and experience in the field of underwater
archaeology.
Section 54-7-850. All license fees received by the institute
pursuant to this article may be retained without regard to the fiscal year
of receipt and must be used only to implement this article."
SECTION 2. Article 4, Chapter 7, Title 54 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
-----XX----- |