South Carolina General Assembly
114th Session, 2001-2002

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Bill 765


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


A BILL

TO AMEND CHAPTER 13, TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MUSEUM COMMISSION AND INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, BY ADDING ARTICLE 5 SO AS TO DECLARE THE PUBLIC POLICY OF THIS STATE RELATING TO THE PRESERVATION AND PROTECTION OF INDIAN AND NATIVE AMERICAN ANTIQUITIES; BY ADDING ARTICLE 7 SO AS TO ENACT "THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT" AND PROVIDE FOR THE PROTECTION AND PRESERVATION OF ARCHAEOLOGICAL RESOURCES; BY ADDING ARTICLE 9 SO AS TO ENACT "THE UNMARKED HUMAN BURIAL AND HUMAN SKELETAL REMAINS PROTECTION ACT" AND PROVIDE FOR THE PROTECTION AND PRESERVATION OF UNMARKED HUMAN SKELETAL REMAINS IN THIS STATE; BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR "THE SOUTH CAROLINA ARCHAEOLOGICAL RECORD PROGRAM" AND THE "SITE STEWARD PROGRAM" FOR PURPOSES OF LISTING AND MONITORING THE CONDITION OF ARCHAEOLOGICAL RESOURCES IN THIS STATE; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES.

Be it enacted by the General Assembly of the State of South Carolhna:

SECTION    1.    Chapter 13, Title 60 of the 1976 Code is amended by adding:

"Article 5

Indian Antiquities

    Section 60-13-510.    The owners of private lands containing Indian relics, artifacts, mounds, or burial grounds are urged to refrain from the excavation or destruction thereof and to forbid such conduct by others, without the cooperation of tHe state archaeologist or the Director of the Department of Archives and History, or without the assistance or supervision of some person designated by either as qualified to make scientific archaeological exploration.

    Section 60-13-520.    All persons having in their possession collections of Indian relics, artifacts, and antiquities which are in danger of being lost, destroyed, or scattered are urged to commit them to the custody of the South Carolina State Museum, the Department of Archives and History, the Institute of Archaeology and Anthropology, or some other public agency or institution within the State which is qualified to preserve and exhibit them for their historic, scientific, and educational value to the people of the State.

    Section 60-13-530.    It shall be the duty of any person in charge of any construction or excavation on any lands owned by the State, by any public agency or institution, by any county, or by any municipal corporation to report promptly to and preserve for the Director of the State Museum, the Director of Department of Archives and History, or the state archaeologist any Indian relic, artifact, mound, or burial ground discovered in the course of such construction or excavation.

    Section 60-13-540.    Any person who shall excavate, disturb, remove, destroy, or sell any Indian relic or artifact, or any of the contents of any mound or burial ground, on or from any lands owned by the State, by any public agency or institution, by any county, or by any municipal corporation, except with the written approval of the state archaeologist or the Director of the Department of Archives and History, is guilty of an misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than five thousand dollars or imprisoned for not more than five years, or both.

Article 7

Archaeological Resources Protection Act

    Section 60-13-710.    This article shall be known as 'The Archaeological Resources Protection Act.'

    Section 60-13-720.    (A)    The General Assembly finds that:

        (1)    Archaeological resources on state lands are an accessible and irreplaceable part of the state's heritage.

        (2)    These resources are increasingly endangered because of their commercial attractiveness.

        (3)    Existing state laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage.

        (4)    There is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologist and institutions.

    (B)    The purpose of this article is to secure for the present and future benefit of the people of South Carolina, the protection of archaeological resources and sites which are on state lands, excluding highway rights-of-way, and to foster increased cooperation and exchange of information among governmental authorities, the professional archaeological community, Indian tribal governmental authorities, and private individuals having collections of archaeological resources and data.

    Section 60-13-730.    As used in this article, unless the context clearly indicates otherwise:

    (1)    'Archaeological investigation' means any surface collection, subsurface tests, excavation, or other activity that results in the disturbance or removal of archaeological resources.

    (2)    'Archaeological resource' means any material remains of past human life or activities which are at least fifty years old and which are of archaeological interest, including pieces of pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, rock paintings, rock carvings, intaglios, graves, or human skeletal materials. Paleontological specimens are not to be considered archaeological resources unless found in an archaeological context.

    (3)    'State lands' means any lands owned, occupied, or controlled by the State of South Carolina, with the exception of those lands under short term lease solely for archaeological purposes, excluding highway rights-of-way.

    Section 60-13-740.    (A)    Any person may apply to the Department of Archives and History for a permit to conduct archaeological investigations on state lands. The application must contain the information the Department of Archives and History, in consultation with the state archaeologist, deems necessary, including the time, scope, location, and specific purpose of the proposed work.

    (B)    A permit may be issued pursuant to an application under subsection (A) of this section if, after any notifications and consultations required by subsection (D) of this section, the Department of Archives and History, in consultation with the state archaeologist, finds that:

        (1)    the applicant is qualified to carry out the permitted activity;

        (2)    the proposed activity is undertaken for the purpose of furthering archaeological knowledge in the public interest;

        (3)    the currently available technology and the technology the applicant proposes to use are such that the significant information contained in the archaeological resource can be retrieved;

        (4)    the funds and the time the applicant proposes to commit are such that the significant information contained in the archaeological resources can be retrieved;

        (5)    the archaeological resources which are collected, excavated, or removed from state lands and associated records and data will remain the property of the State of South Carolina and the resources and copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution;

        (6)    the activity pursuant to the permit is not inconsistent with any management plan applicable to the state lands concerned; and

        (7)    the applicant shall bear the financial responsibility for the reinterment of any human burials or human skeletal remains excavated or removed as a result of the permitted activities.

    (C)    A permit may contain any terms, conditions, or limitations the Department of Archives and History, in consultation with the state archaeologist, deems necessary to achieve the intent of this article. A permit shall identify the person responsible for carrying out the archaeological investigation.

    (D)    If a permit issued under Section 60-13-740 may result in harm to, or destruction of, any religious or cultural site, as determined by the Department of Archives and History, in consultation with the state archaeologist, before issuing such permit, the Department of Archives and History, in consultation with the state archaeologist, shall notify and consult with, insofar as possible, a local representative of an appropriate religious or cultural group. If the religious or cultural site pertains to Native Americans, the Department of Archives and History, in consultation with the state archaeologist, shall notify and consult with the appropriate Indian tribal group or community. The notification shall include, but not be limited to, the following:

        (1)    the location and schedule of the forthcoming investigation;

        (2)    background data concerning the nature of the study; and

        (3)    the purpose of the investigation and the expected results.

    (E)    A permit issued under this section may be suspended by the Department of Archives and History, with or without consultation with the state archaeologist, upon the determination that the permit holder has violated any provision of Section 60-13-760. A permit may be revoked by the Department of Archives and History, with or without consultation with the state archaeologist, upon assessment of a civil penalty under Section 60-13-770 against the permit holder or upon the conviction of a permit holder for a violation of Section 60-13-760 or any other provision of this article.

    Section 60-13-750.    The South Carolina Department of Archives and History, in consultation with the state archaeologist, may promulgate regulations to implement the provisions of this article and to provide for the exchange, where appropriate, between suitable universities, museums, or other scientific or educational institutions, of archaeological resources removed from state lands pursuant to this article, and the ultimate disposition of those resources.

    Section 60-13-760.    (A)    No person may excavate, remove, damage, or otherwise alter or deface any archaeological resource located on state lands unless he is acting pursuant to a permit issued under Section 60-13-740.

    (B)    No person may sell, purchase, exchange, transport, receive, or offer to sell, purchase, exchange, transport, or receive any archaeological resource excavated or removed from state lands in violation of this section.

    (C)    Any person who knowingly and wilfully violates or employs any other person to violate any prohibition contained in this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than six months, or both, in the discretion of the court.

    (D)    Each day on which a violation occurs is a separate and distinct offense.

    Section 60-13-770.    A civil penalty of not more than five thousand dollars may be assessed by the Department of Archives and History, with or without consultation with the state archaeologist, against any person who violates the provisions of Section 60-13-760. In determining the amount of the penalty, the department shall consider the extent of the harm caused by the violation and the cost of rectifying the damage. Any person assessed shall be notified of the assessment by registered or certified mail. The notice shall specify the reasons for the assessment. The person assessed may demand a hearing to contest the assessment under the Administrative Procedures Act in writing within ten days after receipt of written notice of the assessment. If the person assessed fails to timely demand a hearing to contest the assessment and fails to pay the amount of the assessment to the department within thirty days after receipt of notice, the department may institute a civil action in the Court of Common Pleas in Richland County to recover the amount of the assessment. The department may use the assessed funds to rectify the damage to archaeological resources. The clear proceeds of all assessed funds not used to rectify the damage shall be remitted to the State Treasurer for deposit into the general fund.

    Section 60-13-780.    All archaeological resources with respect to which a violation of Section 60-13-670 occurred, and all tools, boats, vehicles, equipment, and other items of personal property which were used in connection with such violation are subject to forfeiture to the State of South Carolina in the same manner as vehicles and equipment are subject to forfeiture for larceny under Section 16-13-175.

    Section 60-13-790.    Information concerning the nature and location of any archaeological resource, regardless of the ownership of the property, may be made available to the public under the Freedom of Information Act unless the Department of Archives and History or the state archaeologist determines that the disclosures would create a risk of harm to the resources or to the site at which the resources are located.

    Section 60-13-800.    The Department of Archives and History shall take any action necessary, consistent with the purposes of this article, to foster and improve the communication, cooperation, and exchange of information between:

    (1)    private individuals having collections of archaeological resources and data which were obtained through legal means, and

    (2)    professional archaeologists and associations of professional archaeologists concerned with the archaeological resources of South Carolina and of the United States.

    Section 60-13-810.    If the state archaeologist and the Department of Archives and History agree, the responsibilities, in whole or in part, of the Department of Archives and History under this article may be delegated through a memorandum of understanding to the state archaeologist or to the Department of Archives and History. Any memorandum of understanding will be subject to periodic review at the initiation of either party to the memorandum.

Article 9

The Protection of Unmarked Human Burial and Human Skeletal Remains

    Section 60-13-910.    This article shall be known as 'The Unmarked Human Burial and Human Skeletal Remains Protection Act.'

    Section 60-13-920.    (A)    The General Assembly finds that:

        (1)    Unmarked human burials and human skeletal remains are subject to vandalism and inadvertent destruction at an ever-increasing rate.

        (2)    Existing state laws do not provide adequate protection to prevent damage to and destruction of these remains.

        (3)    There is a great deal of scientific information to be gained from the proper excavation, study, and analysis of human skeletal remains recovered from such burials.

        (4)    There has been no procedure for descendants or other interested individuals to make known their concerns regarding disposition of these remains.

    (B)    The purpose of this article is:

        (1)    to provide adequate protection from vandalism for unmarked human burials and human skeletal remains;

        (2)    to provide adequate protection for unmarked human burials and human skeletal remains not within the jurisdiction of the coroner or medical examiner that are encountered during archaeological excavation, construction, or other ground disturbing activities, found anywhere within the State except on federal land; and

        (3)    to provide for adequate skeletal analysis of remains removed or excavated from unmarked human burials if the analysis would result in valuable scientific information.

    Section 60-13-930.    As used in this article:

    (1)    'State archaeologist' means the state archaeologist, South Carolina Institute of Archaeology and Anthropology.

    (2)    'Executive director' means the Director of the South Carolina Department of Archives and History.

    (3)    'Human skeletal remains' or 'remains' means any part of the body of a deceased human being in any stage of decomposition.

    (4)    'Professional archaeologist' means a person having:

        (a)    a postgraduate degree in archaeology, anthropology, history, or another related field with a specialization in archaeology;

        (b)    a minimum of one year's experience in conducting basic archaeological field research, including the excavation and removal of human skeletal remains; and

        (c)    designed and executed an archaeological study and presented the written results and interpretations of such study.

    (5)    'Skeletal analyst' means any person having:

        (a)    a postgraduate degree in a field involving the study of the human skeleton such as skeletal biology, forensic osteology, or other relevant aspects of physical anthropology or medicine,

        (b)    a minimum of one year's experience in conducting laboratory reconstruction and analysis of skeletal remains, including the differentiation of the physical characteristics denoting cultural or biological affinity, and

        (c)    designed and executed a skeletal analysis, and presented the written results and interpretations of such analysis.

    (6)    'Unmarked human burial' means any interment of human skeletal remains for which there exists no grave marker or any other historical documentation providing information as to the identity of the deceased.

    Section 60-13-940.    (A)    Any person knowing or having reasonable grounds to believe that unmarked human burials or human skeletal remains are being disturbed, destroyed, defaced, mutilated, removed, or exposed, must notify immediately the coroner or medical examiner of the county in which the remains are encountered.

    (B)    If the unmarked human burials or human skeletal remains are encountered as a result of construction or agricultural activities, disturbance of the remains shall cease immediately and shall not resume without authorization from either the coroner or county medical examiner and the state archaeologist, under the provisions of Section 60-13-960.

    (C)(1)    If the unmarked human burials or human skeletal remains are encountered by a professional archaeologist, as a result of survey or test excavations, the remains may be excavated and other activities may resume after notification, by telephone or registered letter, is provided to the state archaeologist. The treatment, analysis, and disposition of the remains shall be governed by the provisions of Sections 60-13-990 and 60-13-1000.

        (2)    If a professional archaeologist directing long-term (research designed to continue for one or more field seasons of four or more weeks' duration) systematic archaeological research sponsored by any accredited college or university in South Carolina, as a part of his research, recovers Native American skeletal remains, he may be exempted from the provisions of Sections 60-13-950, 60-13-960, 60-13-970, 60-13-980, 60-13-990, and 60-13-1000(C) of this article so long as he:

            (a)    notifies the state archaeologist within five working days of the initial discovery of Native American skeletal remains;

            (b)    reports to the state archaeologist, at agreed upon intervals, the status of the project;

            (c)    curates the skeletal remains prior to ultimate disposition; and

            (d)    conducts no destructive skeletal analysis without the express permission of the state archaeologist.

        (3)    Upon completion of the project fieldwork, the professional archaeologist, in consultation with the skeletal analyst and the state archaeologist, shall determine the schedule for the completion of the skeletal analysis. In the event of a disagreement, the time for completion of the skeletal analysis shall not exceed four years. The state archaeologist shall have authority concerning the ultimate disposition of the Native American skeletal remains after analysis is completed in accordance with Sections 60-13-1000(A) and 60-13-1010(B) and (C).

    (D)    The state archaeologist shall notify the executive director, and the coroner or county medical examiner, of any reported human skeletal remains discovered by a professional archaeologist.

    Section 60-13-950.    (A)    Subsequent to notification of the discovery of any unmarked human burial or human skeletal remains, the coroner or medical examiner of the county in which the remains were encountered shall determine as soon as possible whether the remains are subject to the protocol and provisions of Chapter 5, Title 17.

    (B)    If the coroner or county medical examiner determines that the remains are subject to the protocol and provisions of Chapter 5, Title 17, he will immediately proceed with his investigation as required by law.

    (C)    If the coroner or county medical examiner determines that the remains are not subject to the protocol or provisions of Chapter 5, Title 17, he shall promptly notify the state archaeologist of the coroner's findings to the effect that no further investigation into the discovery of the human skeletal remains is necessary or required by law, and of any additional findings of the county medical examiner. The state archaeologist shall immediately take charge of the remains.

    (D)    Subsequent to taking charge of the human skeletal remains, the state archaeologist shall have ninety-six hours to make arrangements with the landowner for the protection or removal of the unmarked human burial or human skeletal remains. The state archaeologist shall have no authority over the remains at the end of the ninety-six hour period and may not prohibit the resumption of the construction or agricultural activities without the permission of the landowner or a court order enjoining the owner's activities.

    Section 60-13-960.    (A)    If an agreement is reached with the landowner for the excavation of the human skeletal remains, the state archaeologist shall either designate a member of his staff or authorize another professional archaeologist to excavate or supervise the excavation.

    (B)    The professional archaeologist excavating human skeletal remains shall report to the state archaeologist, either in writing or by telephone, his opinion on the cultural and biological characteristics of the remains. This report shall be transmitted as soon as possible after the commencement of excavation, but no later than two full business days after the removal of a burial.

    (C)    The state archaeologist, in consultation with the professional archaeologist excavating the remains, shall determine where the remains shall be held subsequent to excavation, pending other arrangements in accordance with Sections 60-13-970 and 60-13-980.

    (D)    The Department of Archives and History, with or without consultation with the state archaeologist, may obtain administrative inspection warrants as necessary to enforce the provisions of this article, provided that prior to the requesting of the administrative warrant, the department shall contact the affected landowners and request their consent for access to their land for the purpose of gathering such information. If consent is not granted, the department shall give reasonable notice of the time, place, and before whom the administrative warrant will be requested so that the owner or owners may have an opportunity to be heard.

    Section 60-13-970.    (A)    If the professional archaeologist determines that the human skeletal remains are Native American, the state archaeologist and the executive director shall immediately notify and consult with the appropriate tribal group or community.

    (B)    Within four weeks of the notification, a representative of the tribal group or community receiving the notification of the concerns of the tribal group or community with regard to the treatment and ultimate disposition of the Native American skeletal remains.

    (C)    Within ninety days of receipt of the concerns of the tribal group or community, the state archaeologist and the executive director, with the approval of the principal tribal official of an appropriate tribe, shall prepare a written agreement concerning the treatment and ultimate disposition of the Native American skeletal remains. The written agreement shall include the following:

        (1)    designation of a qualified skeletal analyst to work on the skeletal remains;

        (2)    the type of analysis and the specific period of time to be provided for analysis of the skeletal remains;

        (3)    the timetable for written progress reports and the final report concerning the skeletal analysis to be provided to the state archaeologist and the executive director by the skeletal analyst; and

        (4)    a plan for the ultimate disposition of the Native American remains subsequent to the completion of adequate skeletal analysis.

    If no agreement is reached within ninety days, the state archaeologist and the executive director shall treat and ultimately dispose of the Native American skeletal remains in a manner as consistent with the concerns of the tribal group or community and the intent of this article as possible.

    Section 60-13-980.    (A)    If the professional archaeologist determines that the human skeletal remains are other than Native American, the executive director, in cooperation with the state archaeologist, shall publish notice that excavation of the remains has occurred, at least once per week for four successive weeks in a newspaper of general circulation in the county where the burials or skeletal remains were situated, in an effort to determine the identity or next of kin, or both, of the deceased.

    (B)    If the next of kin is located, within ninety days the executive director and the state archaeologist in consultation with the next of kin shall prepare a written agreement concerning the treatment and ultimate disposition of the skeletal remains. The written agreement shall include:

        (1)    designation of a qualified skeletal analyst to work on the skeletal remains;

        (2)    the type of analysis and the specific period of time to be provided for analysis of the skeletal remains;

        (3)    the timetable for written progress reports and the final report concerning the skeletal analysis to be provided to the state archaeologist and the next of kin by the skeletal analyst; and

        (4)    a plan for the ultimate disposition of the skeletal remains subsequent to the completion of adequate skeletal analysis.

    If no agreement is reached, the remains shall be handled according to the wishes of the next of kin.

    Section 60-13-990.    (A)    Skeletal analysis conducted under the provisions of this article shall only be accomplished by a person having the qualifications of a skeletal analyst listed in Section 60-13-930(5).

    (B)    Prior to the execution of the written agreements outlined in Sections 60-13-970(C) and 60-13-980(B), the state archaeologist shall consult with both the professional archaeologist and the skeletal analyst investigating the remains.

    (C)    The professional archaeologist and the skeletal analyst shall submit a proposal to the state archaeologist within the ninety-day period set forth in Sections 60-13-970(C) and 60-13-980(B), including:

        (1)    methodology and techniques to be utilized;

        (2)    research objectives;

        (3)    proposed time schedule for completion of the analysis; and

        (4)    proposed time intervals for written progress reports and the final report to be submitted.

    (D)    If the terms of the written agreement are not substantially met, the state archaeologist, or the next of kin after consultation with the state archaeologist, may take possession of the skeletal remains. In such case, the state archaeologist must ensure that appropriate skeletal analysis is conducted by another qualified skeletal analyst prior to ultimate disposition of the skeletal remains.

    Section 60-13-1000.    (A)    If the skeletal remains are Native American, the state archaeologist, after consultation with an appropriate tribal group or community, shall determine the ultimate disposition of the remains after the analysis.

    (B)    If the skeletal remains are other than Native American and the next of kin have been identified, the next of kin shall have authority concerning the ultimate disposition of the remains after the analysis.

    (C)    If the state archaeologist has received no information or communication concerning the identity or next of kin of the deceased, the skeletal remains shall be transferred to the state archaeologist and permanently curated according to standard museum procedures after adequate skeletal analysis.

    (D)    The Department of Archives and History must provide clerical and material support to the state archaeologist in carrying out the provisions of this section.

    Section 60-13-1010.    (A)    The provisions of this article shall not require that the owner of the land on which the unmarked human burials or human skeletal remains are found, bear the cost of excavation, removal, analysis, or disposition.

    (B)    If a determination is made by the state archaeologist, in consultation with the executive director and an appropriate tribal group or community, that Native American skeletal remains shall be reinterred following the completion of skeletal analysis, an appropriate tribal group or community may provide a suitable burial location. If it elects not to do so, it shall be the responsibility of the state archaeologist and the executive director to provide a suitable burial location.

    (C)    The expense of transportation of Native American remains to the reburial location shall be borne by the party conducting the excavation and removal of the skeletal remains. The reburial ceremony may be provided by an appropriate tribal group or community. If the appropriate tribal group or community elects not to do so, the reburial ceremony shall be the responsibility of the state archaeologist and the executive director.

    Section 60-13-1020.    (A)    Unless acting under the provisions of Chapter 5, Title 17, or according to law, it is unlawful for any person to:

        (1)    knowingly acquire any human skeletal remains removed from unmarked burial sites in South Carolina, except in accordance with the provisions of this article;

        (2)    knowingly exhibit or sell any human skeletal remains acquired from unmarked burial sites in South Carolina; or

        (3)    knowingly acquire, possess, or retain human skeletal remains acquired from unmarked burial sites in South Carolina for scientific analysis beyond a period of time provided for such analysis pursuant to the provisions of Sections 60-13-970, 60-13-980, and 60-13-990, with the exception of those skeletal remains curated under the provisions of Section 60-13-1000.

    (B)    A person who violates any provision of this section, or who knowingly vandalizes any unmarked human burial site, or who knowingly and unlawfully removes or disturbs human skeletal remains, is guilty of a misdemeanor and, upon conviction, may be punished as provided in Section 16-17-600, as in the case made and provided for the destruction of graves and graveyards.

    Section 60-13-1030.    The South Carolina Department of Archives and History, after consultation with the state archaeologist, may promulgate regulations to implement the provisions of this article.

    Section 60-13-1040.    (A)    Human skeletal remains acquired from commercial biological supply houses or through medical means are not subject to the provisions of Section 60-13-1020.

    (B)    Human skeletal remains determined to be within the jurisdiction of the coroner or medical examiner in accordance with the provisions of Chapter 5, Title 17 are not subject to the prohibitions contained in this article.

Article 11

Archaeological Record Program

    Section 60-13-1110.    This article shall be known as 'The South Carolina Archaeological Record Program'.

    Section 60-13-1120.    (A)    The General Assembly finds that archaeological resources on private lands constitute the majority of the irreplaceable historic and prehistoric resources of the State. These resources are increasingly endangered and existing State laws do not provide private landowners with the means adequately to preserve these resources. There is currently no provision for assisting and giving recognition to a private landowner who wishes to preserve the archaeological resources located on the owner's property.

    (B)    The purpose of this article is to preserve and protect for the present and future benefit of the people of South Carolina through a program of voluntary site enrollment the prehistoric and historic archaeological resources that are on private lands.

    Section 60-13-1130.    As used in this article, unless the context clearly indicates otherwise:

    (1)    'Archaeological investigation' means any surface collection, subsurface tests, excavation, or other activity that results in the disturbance or removal of archaeological resources.

    (2)    'Archaeological resource' means any material remains of past human life or activities which are at least fifty years old and which are of archaeological interest, including pieces of pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions of structures, rock paintings, rock carvings, intaglios, graves, or human skeletal materials. Paleontological specimens are not to be considered archaeological resources unless found in an archaeological context.

    (3)    'Program' means the South Carolina Archaeological Record Program established under this article.

    (4)    'Record' means the South Carolina Archaeological Record established under this article.

    (5)    'State archaeologist' means the head of the Archaeology Branch, Archaeology and Historic Preservation Section, Division of Archives and History, Department of Archives and History.

    Section 60-13-1140.    (A)    The Department of Archives and History, Division of Archives and History, after consultation and in cooperation with the state archaeologist, and in cooperation with local and statewide archaeological societies and groups and members of the public, shall establish the South Carolina Archaeological Record Program. The purpose of the program is to assist private owners of archaeological resources in the preservation and protection of those resources. Participation in the program is voluntary.

    (B)    As part of the program, the department shall establish and maintain the South Carolina Archaeological Record. The South Carolina Archeological Record shall include a list of the archaeological resources owned privately by each person participating in the program. No archaeological resource shall be enrolled in the record without the permission of its owner.

    (C)    An archaeological resource that is enrolled in the South Carolina Archaeological Record shall be removed from the record at the written request of either the state archaeologist or the owner of the archaeological resource. The archaeological resource must be removed from the record within thirty days after the receipt by the Department of Archives and History of the written request for removal.

    Section 60-13-1150.    The Department of Archives and History may create and maintain a volunteer program for purposes of monitoring the condition of archaeological resources listed in the record. This program shall be known as the 'Site Steward Program' and is administered through the department in cooperation with local and statewide archaeological societies and groups.

    Section 60-13-1160.    (A)    Any person wanting to conduct an archaeological investigation on private land that is the site of an archaeological resource enrolled in the record shall apply to the Department of Archives and History for a permit to conduct such an investigation. The application shall contain information the Department of Archives and History deems necessary, including the time, scope, location, and specific purpose of the proposed work.

    (B)    A permit shall be issued pursuant to this section if, after any notifications and consultations required by subsection (D) of this section, the Department of Archives and History finds that:

        (1)    the applicant is qualified to carry out the permitted activity;

        (2)    the proposed activity is undertaken for the purpose of furthering archaeological knowledge in the public interest;

        (3)    the currently available technology and the technology the applicant proposes to use are such that the significant information contained in the archaeological resource can be retrieved;

        (4)    the funds and the time the applicant proposes to commit are such that the significant information contained in the archaeological resources can be retrieved;

        (5)    the archaeological resources that are enrolled in the record and that are collected, excavated, or removed from the privately owned site and the associated records and data will remain the property of the private owner of the archaeological resource;

        (6)    copies of associated archaeological records and data will be preserved by a suitable university, museum, or other scientific or educational institution;

        (7)    the applicant shall bear the financial responsibility for the reinterment of any human burials or human skeletal remains excavated or removed as a result of the permitted activities; and

        (8)    the applicant has obtained the permission of the owner of the archaeological resource to conduct the archaeological investigation.

    (C)    A permit may contain any terms, conditions, or limitations the Department of Archives and History deems necessary to achieve the intent of this article. A permit shall identify the person responsible for carrying out the archaeological investigation.

    (D)    If the Department of Archives and History determines that a permit issued under this section may result in harm to, or destruction of, any religious or cultural site, the Department of Archives and History, before issuing the permit, shall notify and consult with, insofar as possible, a local representative of an appropriate religious or cultural group. If the religious or cultural site pertains to Native Americans, the Department of Archives and History shall notify and consult with a representative of the appropriate tribal group or community. The notification shall include, but not be limited to, the following:

        (1)    the location and schedule of the forthcoming investigation;

        (2)    background data concerning the nature of the study; and

        (3)    the purpose of the investigation and the expected results.

    (E)    A permit issued under this section may be suspended by the Department of Archives and History upon the determination that the permit holder has violated any condition of the permit.

    Section 60-13-1170.    The South Carolina Department of Archives and History, after consultation with the state archaeologist, may promulgate regulations to implement the provisions of this article."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on Thursday, June 25, 2009 at 2:29 P.M.