South Carolina Code 54-7-770. Modification of licenses; property disposition agreements
(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:
Terms Used In South Carolina Code 54-7-770
- 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. See South Carolina Code 54-7-620
- 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. See South Carolina Code 54-7-620
- 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. See South Carolina Code 54-7-620
- 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. See South Carolina Code 54-7-620
- Institute: means the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
- 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. See South Carolina Code 54-7-620
- Paleontological property: means paleontological material or any site which contains paleontological material. See South Carolina Code 54-7-620
- State: means the State of South Carolina. See South Carolina Code 54-7-620
- Submerged: means beneath or substantially beneath the territorial waters of the State or submerged at mean low tide. See South Carolina Code 54-7-620
- 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. See South Carolina Code 54-7-620 - 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. See South Carolina Code 54-7-620
(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.