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 a professional archaeologist selected by the licensee and approved by the institute to supervise operations under a license. The field archaeologist must hold an advanced academic degree with a specialization in underwater, nautical, or maritime archaeology and meet or exceed the Standards of the Secretary of the Interior (48 F.R. 44738-44739) and act pursuant to the criteria set forth by the South Carolina State Historic Preservation Office Guidelines and Standards for Archaeological Investigations.

(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 Underwater Archaeologist" means a person appointed by the Director of the South Carolina Institute of Archaeology and Anthropology who administers this article.

(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 that would otherwise require a license under this article. "Undertaking" does not include activities which, in the State Underwater 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.

HISTORY: 1991 Act No. 169, Section 1; 2002 Act No. 364, Sections 1-3, eff September 26, 2002.

Effect of Amendment

The 2002 amendment, in paragraph (15), in the first sentence, substituted "a professional" for "an" and added the second sentence; in paragraph (39), substituted "State Underwater Archaeologist" for "State Archaeologist" and rewrote the paragraph; and, in paragraph (48), added "underwater" and made a nonsubstantive change.