(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.
HISTORY: 1991 Act No. 169, Section 1.
Structure South Carolina Code of Laws
Title 54 - Ports and Maritime Matters
Chapter 7 - Shipwrecks And Salvage Operations
Section 54-7-10. Custody and notice of unclaimed stranded goods.
Section 54-7-20. Sale of unclaimed stranded goods.
Section 54-7-30. Repelling entry into stranded vessels; carrying away saved goods.
Section 54-7-40. Issuance of warrants for stolen goods; penalty for retention.
Section 54-7-50. Salvage allowed informer.
Section 54-7-60. Restoration of goods taken from vessel; reward; penalty for offering for sale.
Section 54-7-100. Hunley Commission established; coordinates exempt from disclosure.
Section 54-7-110. Caption to be added to certain films relating to the Hunley.
Section 54-7-120. Repealed by 2007 Act No. 98, Section 3.
Section 54-7-610. Short title.
Section 54-7-620. Definitions.
Section 54-7-660. No license required for non-disturbing inspection, study, and the like.
Section 54-7-670. Hobby licenses; reports of hobby divers as to finds; restrictions.
Section 54-7-680. Repealed by 2002 Act No. 364, Section 13, eff September 26, 2002.
Section 54-7-690. Intensive survey licenses; data recovery licenses; waiver; applications.
Section 54-7-720. Delayed issuance of license; denial of license; reconsideration of denial.
Section 54-7-730. Provisions which must be shown on license issued by institute.
Section 54-7-740. Additional provisions applicable to licenses issued by State Archaeologist.
Section 54-7-750. Additional provisions pertaining to intensive survey licenses.
Section 54-7-760. Additional provisions pertaining to data recovery licenses.
Section 54-7-770. Modification of licenses; property disposition agreements.
Section 54-7-785. Finder of wreck other than licensed salvor; share of recovery.
Section 54-7-790. License not required of institute or of museum.
Section 54-7-810. Violation of Article a misdemeanor; penalties.
Section 54-7-815. Excavation or salvage of certain sunken warships unlawful.
Section 54-7-830. Privately-owned land not subject to Article.
Section 54-7-840. Educational program; underwater archaeologist on staff of institute.