Article 1 General Provisions
Article 4 South Carolina Underwater Antiquities Act of 1982 [Repealed]
Article 5 The South Carolina Underwater Antiquities Act of 1991

Terms Used In South Carolina Code > Title 54 > Chapter 7 - Shipwrecks and Salvage Operations

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Artifact recovery: means the recovery of artifactual material by hand or through excavation. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Beneath or substantially beneath: means permanently or periodically covered, in whole or in part, by the territorial waters of the State. See South Carolina Code 54-7-620
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequeath: To gift property by will.
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • 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
  • Commission: means the South Carolina Residential Builders Commission. See South Carolina Code 40-59-20
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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 collection: includes the collection of artifactual and/or paleontological material that is exposed or resting on, but not embedded in, submerged lands. 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
  • Day: means a twenty-four hour period beginning at 12:00 midnight. See South Carolina Code 54-7-620
  • Debris field: means the area in which artifactual or paleontological materials associated with a site are found. See South Carolina Code 54-7-620
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Director: means the Director of the Institute or a designee of the director. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Excavation: means the process of moving, removing, or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials. See South Carolina Code 54-7-620
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Field archaeologist: means a professional archaeologist selected by the licensee and approved by the institute to supervise operations under a license. See South Carolina Code 54-7-620
  • Field paleontologist: means a paleontologist selected by the licensee and approved by the museum to supervise operations under a license. See South Carolina Code 54-7-620
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • fossil recovery: means the recovery of paleontological materials by hand or through excavation. See South Carolina Code 54-7-620
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • 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. See South Carolina Code 54-7-620
  • Institute: means the South Carolina Institute of Archaeology and Anthropology. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Intestate: Dying without leaving a will.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license, registration, or certification issued in accordance with this chapter. See South Carolina Code 40-59-20
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Monitoring archaeologist: means an underwater archaeologist selected by the institute for the purpose of monitoring work activity under a license issued by the institute. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • National Register: means the National Register of Historic Places maintained by the Secretary of the United States Department of the Interior. See South Carolina Code 54-7-620
  • Navigable waters: means all waters belonging to the State which are navigable in fact or were navigable in the past. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • Oath: A promise to tell the truth.
  • 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. See South Carolina Code 54-7-620
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Paleontological property: means paleontological material or any site which contains paleontological material. See South Carolina Code 54-7-620
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. See South Carolina Code 54-7-620
  • Personal property: All property that is not real property.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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. See South Carolina Code 54-7-620
  • 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. See South Carolina Code 54-7-620
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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. See South Carolina Code 54-7-620
  • Residential builder: means one who constructs, superintends, or offers to construct or superintend the construction, repair, improvement, or reimprovement of a residential building or structure which is not over three floors in height and which does not have more than sixteen units in any single apartment building, when the cost of the undertaking exceeds five thousand dollars. See South Carolina Code 40-59-20
  • Residential specialty contractor: means an independent contractor who is not a licensed residential builder, who contracts with a licensed residential builder, general contractor, or individual property owner to do construction work, repairs, improvement, or reimprovement which requires special skills and involves the use of specialized construction trades or craft, when the undertakings exceed two hundred dollars and are not regulated by the provisions of Chapter 11. See South Carolina Code 40-59-20
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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. See South Carolina Code 54-7-620
  • State: means the State of South Carolina. See South Carolina Code 54-7-620
  • State Museum: means the South Carolina Museum Commission authorized by this article as custodians of paleontological materials. See South Carolina Code 54-7-620
  • State Underwater Archaeologist: means a person appointed by the Director of the South Carolina Institute of Archaeology and Anthropology who administers this article. See South Carolina Code 54-7-620
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Structure: means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization. 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 lands: means lands beneath or substantially beneath the territorial waters of the State or which are submerged at mean low tide. 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
  • 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. See South Carolina Code 54-7-620
  • Summons: Another word for subpoena used by the criminal justice system.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • 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. See South Carolina Code 54-7-620
  • Testate: To die leaving a will.
  • Testator: A male person who leaves a will at death.
  • Trustee: A person or institution holding and administering property in trust.
  • Undertaking: means an activity by the institute or South Carolina Museum Commission that would otherwise require a license under this article. See South Carolina Code 54-7-620
  • Venue: The geographical location in which a case is tried.