H*3739 Session 109 (1991-1992)
H*3739(Rat #0246, Act #0169 of 1991) General Bill, By H.H. Keyserling
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.
03/28/91 House Introduced and read first time HJ-9
03/28/91 House Referred to Committee on Education and Public
Works HJ-9
05/08/91 House Committee report: Favorable with amendment
Education and Public Works HJ-10
05/16/91 House Debate adjourned until Wednesday, May 22, 1991 HJ-1
05/16/91 House Reconsider vote whereby debate adjourned until
Wednesday, May 22, 1991 HJ-51
05/16/91 House Amended HJ-52
05/16/91 House Read second time HJ-52
05/16/91 House Unanimous consent for third reading on next
legislative day HJ-52
05/17/91 House Read third time and sent to Senate HJ-62
05/21/91 Senate Introduced and read first time SJ-140
05/21/91 Senate Referred to Committee on General SJ-140
05/29/91 Senate Recalled from Committee on General SJ-58
05/30/91 Senate Amended SJ-73
05/30/91 Senate Read second time SJ-102
05/30/91 Senate Unanimous consent for third reading on next
legislative day SJ-102
05/31/91 Senate Read third time and returned to House with
amendments SJ-61
06/05/91 House Concurred in Senate amendment and enrolled HJ-22
06/06/91 Ratified R 246
06/12/91 Signed By Governor
06/12/91 Effective date 06/12/91
06/12/91 Act No. 169
06/25/91 Copies available
(A169, R246, H3739)
AN ACT TO AMEND CHAPTER 7, TITLE 54, 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 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:
Underwater Antiquities Act
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. `Data collection' includes the collection
of artifactual and/or paleontological material that is exposed or resting on,
but not embedded in, submerged lands.
(8) Reserved.
(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', and `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 submerged at mean low 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 low
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 low 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 activities 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 activity. 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 knowingly 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 low watermark shall apply for a license.
(B) A person desiring to apply for a hobby license shall submit a
completed application on a standard form prescribed by the institute
together with a license fee. A license fee of five dollars for residents of this
State and ten dollars for nonresidents must be charged for a six-month
hobby license. A license fee of eighteen dollars for residents of this State
and thirty-six dollars for nonresidents must be charged for a two-year
hobby license. A license fee of five dollars must be charged for a two-day
weekend hobby license.
(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. An optional weekend, two-day hobby license
may be granted to nonresidents for the purpose of collecting during a brief
visit to this State. This license may be issued by any dive shop in this
State.
(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 except a personal flotation device 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 submerged
lands of this State a reasonable number of artifactual items and/or complete
and fragmented fossil specimens a day that:
(a) are exposed or resting on the bottom sediments of submerged
lands; and
(b) do not require excavation to recover.
(2) No artifactual or paleontological materials may be recovered
from submerged lands of this State 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
Section 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 item (2) of this subsection. Reports
submitted under six-month or two-year hobby licenses must be filed within
ten days following the end of the calendar quarter in which the activities
took place. Reports submitted under a weekend, two-day, hobby license
must be filed within a week after the diving activities took place.
(2) No more than ten artifacts a day may be recovered from a
shipwreck site. Divers may not destroy the integrity of the ship's structure
by removing or moving 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 from where the artifacts were recovered 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 release title to all
specimens reported.
(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 hobby diver's 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 that 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 submitted under six-month or two-year hobby licenses
must be filed within ten days following the end of the calendar quarter in
which the activities took place. Reports submitted under a weekend,
two-day, hobby license must be filed within a week after the diving
activities took place.
(2) (a) The museum shall review each list of specimens and
within sixty days from receipt of the quarterly report release title to all
specimens reported.
(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 of twenty dollars for
residents and forty dollars for nonresidents must be charged for a six-month
instructional license. A license fee of eighty dollars for residents and one
hundred sixty dollars for nonresidents must be charged for a two-year
instructional license. 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. 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. Upon receiving a report of a
submerged archaeological historic property or submerged paleontological
property, the institute shall, within sixty days of receipt of the report, assess
the property to determine its significance.
(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 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 application fee for an intensive survey license is fifty
dollars for residents and one hundred dollars for nonresidents. The
application fee for a data recovery license is five hundred dollars for
residents and one thousand dollars for nonresidents.
(3) 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.
(4) The license application fee must be refunded if the institute
rejects a license application.
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, comments, 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 one-third 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, the licensee shall
act in accordance with the direction given by the monitoring archaeologist
and/or monitoring paleontologist, especially with respect to:
(i) 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;
(ii) methods of preserving from damage, decay, or
deterioration any artifact or fossil specimen by contact with air, light, or
otherwise;
(iii) methods of entering upon or dealing with any site so to
avoid as much as possible any damage to the site; and
(iv) 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, propwash 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,
and stabilizing all artifacts and fossils raised under the license and for the
costs associated with these activities. The licensee is wholly responsible for
conserving all artifacts and/or fossils to which the licensee receives title in
a division.
(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 within a time that has been specified 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
workers' 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) If the institute determines that the licensee has carried out the
intensive survey in compliance with the license and this article, the institute
may:
(1) 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
(2) 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 Sections 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 museum, 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.
(6) For a commercial applicant for a data recovery license, the
applicant, if licensed, must receive at least fifty percent of the artifacts
and/or fossils recovered in value or in-kind.
Section 54-7-785. If the finder of a wreck is other than the licensed
salvor (commercial applicant), the finder must receive twenty-five percent
of the licensed salvor's share.
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), 54-7-660, or 54-7-670 is guilty of a misdemeanor
and, upon conviction, must be punished by a fine of not more than fifty
dollars. 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.
(B) (1) A person who violates the terms of a hobby license issued by
the institute under Section 54-7-680 is guilty of a misdemeanor and, upon
conviction, must be punished by a fine of not more than one hundred
dollars. If a person holds a hobby license issued under Section 54-7-680,
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 or other immediate cause,
including, but not limited to, drowning, boating accident, or homicide;
(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."
Repeal
SECTION 2. Article 4, Chapter 7, Title 54 of the 1976 Code is
repealed.
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991. |