Indian Burial and Sacred Grounds Watch

indexmission
siteslearnactionlinkscontact

Subjects

Federal laws

State laws

Some preserved sites.

Some history and culture

Controversies Concerning Archaeology

American Indian Voices

News Archive Index

Return to main Learn page


Please inform the webmaster of any broken links!

The Law and American Indian Grave Protection

South Carolina Laws

South Carolina Institute of Archaeology and Anthropology Policy on Human Burial Remains
Standards and Guidelines for Archaeological Research in SC
Is there a Highway in your future? Laws concerning highways and preservation efforts.

Summaries follow of burial/archaeological laws yielded through a keyword search for "archaeology" and "burial" on 2001 March 30 at the State Historic Preservation Legislation Database found at the NCSL (National Conference of State Legislatures) web site, that database then updated through 1999. These summaries are reprinted under the Fair Use doctrine of international copyright law which may be found at www4.law.cornell.edu/uscode/17/107.html

http://www.ibsgwatch.org is not responsible for any inaccuracies or timeliness of information.


Code Book: Code of Laws of South Carolina
Citation: 16-17-600
Section Title: Offenses against public policy: destruction or desecration of human remains or repositories thereof; penalties

Summary:

(A) Declares it to be unlawful for a person willfully and knowingly, and without proper legal authority to: (1) destroy or damage the remains of a deceased human being; (2) remove a portion of the remains of a deceased human being from a burial ground where human skeletal remains are buried, a grave, crypt, vault, mausoleum, or other repository; or (3) desecrate human remains. Declares that a person violating the provisions of subsection (A) is guilty of a felony and, upon conviction, must be fined not more than $5,000 or imprisoned not less than one year nor more than ten years, or both. (B) Declares it to be unlawful for a person willfully and knowingly, and without proper legal authority to: (1) obliterate, vandalize, or desecrate a burial ground where human skeletal remains are buried, a grave, graveyard, tomb, mausoleum, or other repository of human remains; (2) deface, vandalize, injure, or remove a gravestone or other memorial monument or marker commemorating a deceased person or group of persons, whether located within or outside of a recognized cemetery, memorial park, or battlefield; or (3) obliterate, vandalize, or desecrate a park or other area clearly designated to preserve and perpetuate the memory of a deceased person or group of persons. Declares that a person violating the provisions of subsection (B) is guilty of a felony and, upon conviction, must be imprisoned not more than ten years or fined not more than $5,000, or both.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains

Code Book: Code of Laws of South Carolina
Citation: 54-7-610 through 54-7-640
Section Title: South Carolina Underwater Antiquities Act of 1991

Summary:

Declares to be the property of the state all submerged archeological historic property and artifacts and all submerged paleontological property located on or recovered from submerged lands over which the state has sovereign control. Authorizes the state to convey title to such property recovered from submerged lands over which the state has sovereign control to a licensee pursuant to a license issued under this chapter. Designates the South Carolina Institute of Archeology and Anthropology as the custodian of submerged archeological historic property and artifacts owned by the state or on state submerged lands. Designates the South Carolina Museum Commission, in consultation with the South Carolina State Museum, as the custodian of all submerged paleontological material. Directs the institute and the commission to promulgate regulations as necessary to carry out their duties under this article.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Curation / Ownership of Artifacts
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-650 through 54-7-660
Section Title: South Carolina Underwater Antiquities Act: licenses to conduct activities affecting submerged archeological historic properties or paleontological properties

Summary:

(650) Requires a person desiring to conduct any activity pursuant to this article in the course of which submerged archeological historic properties or paleontological properties may be removed, displaced or destroyed on submerged lands over which the state has sovereign control to apply for and receive a license from the South Carolina Institute of Archeology and Anthropology. Authorizes the institute to issue such licenses and to enter into agreements with licensees for the disposition of recovered submerged archeological historic property and submerged paleontological property, to include the division in kind or in value of the recovered property with the licensee. Requires that the licensee shall receive reasonable compensation for any recovered property claimed and turned over to the state. Exempts the institute and, where submerged paleontological property is involved, the South Carolina Museum Commission, from the requirements of this section, allowing those institutions to conduct any undertakings provided for by this article. Requires a person desiring to recover anything of value other than submerged archeological historic property or submerged paleontological property to obtain permission from the State Budget and Control Board. Authorizes the institute to issue and administer licenses for any activity involving the recovering, collecting, excavation or disturbance of submerged archeological property and submerged paleontological property on lands over which the state has sovereign control. (660) Allows a person to inspect, study, explore, photograph, measure, record, conduct a reconnaissance survey, use magnetic or acoustic detection devices or otherwise use and enjoy a submerged archeological historic property or a submerged paleontological property without obtaining a license if the use or activity does not involve excavation, destruction, substantive injury or disturbance of the historic property, paleontological site or the immediate environs, or endanger other persons.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-670 through 54-7-680
Section Title: South Carolina Underwater Antiquities Act: hobby licenses; instructional licenses

Summary:

(670) Requires a person desiring to conduct temporary, intermittent, recreational, small scale, noncommercial search and recovery of submerged archeological historic property or submerged paleontological property, including collecting from state property such as river banks or beaches below the mean low watermark, to apply for a hobby license from the South Carolina Institute of Archeology and Anthropology. Sets a fee of $5 for residents and $10 for nonresidents for a six-month hobby license, or $18 or $36 respectively for a two-year license, or $5 for a weekend license to be issued by any dive shop in the state to nonresidents for the purpose of collecting during a brief visit to the state. Prohibits hobby license holders from exercising the privileges of their licenses in waters for which any type of exclusive license has been granted and is in effect. Limits the recovery of objects or materials from submerged archeological historic property and submerged paleontological property under a hobby license to a limited number of objects that can be collected by hand or do not require excavation to recover. Requires persons collecting under a hobby license to furnish the institute with a report that includes a list of the objects and a description of the places from which the objects were recovered, and encourages such persons to submit photographs. Limits a hobby diver to ten artifacts a day recovered from a shipwreck site. Prohibits divers from destroying the integrity of the ship's structure by removing or moving timbers, fittings, fastenings or machinery. Requires a hobby diver who has recovered artifacts from a shipwreck site to include in the report a topographic or hydrographic chart and a sketch map of the wreck site showing the location from where the artifacts were recovered in relation to the wreck. Directs the institute to review each list of objects and, within sixty days of receipt of the quarterly report, release title to all specimens reported. Allows objects not considered by the institute to be artifacts to be retained by the person who collected the objects. Authorizes the institute, if it determines that a licensee has violated any of the terms of this article, to revoke the license and require that all artifacts be turned over to the institute. (680) Allows a dive instructor, dive store, club or dive charter business to apply for an instructional license to allow student divers or charter group divers without individual hobby licenses to collect artifacts in recreational, small scale, noncommercial search and recovery operations. Sets a fee of $20 for residents and $40 for nonresidents for a six-month instructional license or $80 or $160 respectively for a two-year license. Applies the same conditions to an instructional license holder as apply to a hobby license holder.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-690
Section Title: South Carolina Underwater Antiquities Act: intensive survey licenses; data recovery licenses

Summary:

Authorizes the South Carolina Institute of Archeology and Anthropology to issue intensive survey licenses or a data recovery licenses for the excavation or disturbance of submerged archeological historic property or submerged paleontological property on submerged lands over which the state has sovereign control, which licenses shall be exclusive to the applicant so that for the duration of the license the institute may not issue a license to another person for the same location. Requires an intensive survey license for the purpose of delineating the boundaries of a specific location that the applicant believes may contain submerged archeological historic property or submerged paleontological property. Requires a data recovery license for the purpose of excavating or disturbing such submerged property, if the applicant submits positive documentary archival evidence, electronic remote sensing data and artifactual evidence resulting from an intensive survey under a license previously issued by the institute for the same location. Authorizes the institute to waive the requirement of a license under this article if the activity is an undertaking subject to Section 106 of the National Historic Preservation Act and the applicant is complying with the provisions of that law. Requires applications to include: the precise position of the project location, including a map; the depth of the project location; an opinion on the specific physical characteristics of the submerged property; a research plan detailing the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data and the proposed length of time to be devoted to the work; and information regarding the professional qualifications of the personnel who will perform the work.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-730 through 54-7-740
Section Title: South Carolina Underwater Antiquities Act: provisions that must be shown on licenses; additional provisions applicable to licenses issued by the state archeologist

Summary:

(730) Requires each license issued by the South Carolina Institute of Archeology and Anthropology must contain the following provisions: duration of the license; boundaries of the area in which the work will be undertaken; a description of the scope of work and, for data recovery licenses, a description of the artifacts or materials expected to be recovered; a list of the key personnel, including the field archeologist; and a description of activities required of the licensee to restore the submerged lands following completion of the survey or investigation. Authorizes the institute to require monitoring of the license activity by a monitoring archeologist or monitoring paleontologist. (740) Directs that additional provisions shall apply to each license issued by the institute, including the following: the institute must approve any changes in personnel for the project; all work must be under the immediate supervision of a professional field archeologist or paleontologist; the licensee must act in accordance with the direction given by any assigned monitoring archeologist or paleontologist with respect to handling, preserving and cataloging artifacts or protecting the site; the institute must approve any changes in financial support or equipment for the project; the institute may require that the licensee provide security for a submerged site; the licensee must maintain logs of all activities related to the license; the licensee may not use any means of survey or excavation that would destroy or substantially injure a submerged property before its location has been documented and may not use explosives or other grossly destructive devices without the consent of the institute; recovery of artifacts or fossils may be made only under the supervision of the monitoring archeologist in accordance with the research plan; large artifacts such as cannons, anchors and hull remains that have not been specified for recovery in the license may not be recovered without written permission from the institute; before a division of artifacts/fossils has been made in accordance with the license, the licensee may not transfer, dispose of, melt down or in any way change the form of a recovered artifact or fossil; the licensee is wholly responsible for transporting, storing and stabilizing all artifacts/fossils raised under the license and for the costs associated with these activities; the licensee shall safely deliver all items recovered during each calendar month to the conservation facility approved by the institute and catalog such items; the licensee shall not impede navigation; the licensee may not assign a license to another person, including a successor; the licensee shall prohibit its agents or employees from retaining any artifact or fossil from a site; and no applicant may be issued more than one exclusive license for the same time period.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-750 through 54-7-760
Section Title: South Carolina Underwater Antiquities Act: additional provisions pertaining to intensive survey licenses and data recovery licenses

Summary:

(750) Directs that additional provisions shall apply to each intensive survey license issued by the South Carolina Institute of Archeology and Anthropology, including the following: a license may be issued for a defined area of up to one square mile; a license may be issued for up to ninety days and may be renewed for one additional ninety day period upon payment of an additional fee; the licensee may reserve additional survey rights in the square mile section immediately surrounding and contiguous to the license area upon payment of an additional fee, which fee may be waived; the licensee shall, with a minimum of disturbance to the site, identify the source of anomalies, delineate the extent of the site and evaluate the potential characteristics and significance of the submerged archeological historic property or submerged paleontological property in consultation with the monitoring archeologist or the institute or the South Carolina State Museum; the licensee may not recover artifacts or fossils except for a limited number that are useful in determining the date or significance of the site; the institute may retain the state's title and control of those artifacts or fossils considered to be of primary scientific value or archeological or historical significance and may release the state's title to those not considered to be of value or significance; and the licensee has an exclusive interest in applying for a data recovery license in the intensive survey area and any contiguous for 180 days after the expiration of the license. (760) Directs that additional provisions shall apply to each data recovery license issued by the institute, including the following: an applicant may not be issued more than on license at a time for a single submerged archeological historic property or submerged paleontological property unless the institute determines that the applicant is capable of satisfactorily carrying out the proposed activities; a license may be issued for a period not to exceed one year and may be renewed for up to one year upon payment of an additional fee; all artifacts encountered in areas disturbed under the license must be recovered by the licensee, with the exception of large artifacts such as cannons, anchors and hull remains or complete or fragile fossils or partial intact skeletal remains that would require special handling, storage and preservation and for which the licensee must immediately contact the institute or the state museum.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-770
Section Title: South Carolina Underwater Antiquities Act: modification of licenses; property disposition agreements

Summary:

Authorizes the South Carolina Institute of Archeology and Anthropology to modify any license for intensive survey or data recovery of submerged archeological historic property or submerged paleontological property. Authorizes the institute to 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 both of the following: retain the state's title and control of all or a portion of recovered submerged property or enter into a disposition agreement and convey the state's title to all or a portion of recovered submerged property. Allows a data recovery license to include a disposition agreement that authorizes the state's conveyance of title to submerged property if the institute and applicant have agreed upon a division of the artifacts or fossils expected to be recovered, and the applicant has agreed that its share of the division constitutes reasonable compensation for the recovery of artifacts or fossils to which the institute retains the title for the state. Authorizes the institute to act as arbiter of the division of artifacts or 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. Requires the terms of the agreement to include a provision that following the actual disposition of the artifacts or fossils the licensee owns the artifacts or fossils free and clear of any interest of the institute or state. Allows the terms of a disposition agreement to include: an option or right of first refusal by the institute to purchase from the licensee after disposition of title artifacts or fossils that the institute has determined to be of such archeological, anthropological, historical, recreational or other public value as to warrant reacquisition by the institute. Requires a representative of the institute to inspect all artifacts recovered under the license or a representative of the South Carolina State Museum to inspect all fossils recovered no later than sixty days after expiration of the license. Requires the terms of disposition to include reasonable time for photography, study, research and conservation of the artifacts or fossils by the institute. Directs that the licensee is not entitled to claim any sum other than payment, if any, that may be provided for under the disposition agreement and is not entitled to claim reimbursement of expenses of data recovery. Requires that a commercial applicant for a data recovery license must receive at least 50% of the artifacts or fossils recovered in value or in kind.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Permit / Site Investigation Authority
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-800
Section Title: South Carolina Underwater Antiquities Act: suspension, revocation of license

Summary:

Authorizes the South Carolina Institute of Archeology and Anthropology to suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated, and to begin investigation of the facts underlying the suspended license within ten days of the suspension. Allows the state archeologist to revoke a license if the licensee: fails to begin work under the terms of the license within the first one-third of the period of the license; fails to work diligently toward completion of the project after it has been started; makes a false statement or report to the institute; fails to comply with a provision of the license; or violates this article or any other pertinent law or regulation. Allows the licensee to request in writing a hearing within thirty days of receiving notice of the revocation. Authorizes the institute to appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. Requires the institute to manage any archeological material appropriated under this section and the South Carolina State Museum to manage any appropriated paleontological material.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Code of Laws of South Carolina
Citation: 54-7-810
Section Title: South Carolina Underwater Antiquities Act: violation; penalties

Summary:

Declares that violation of this article is a misdemeanor to be punished as follows: a person who recovers, collects, excavates or disturbs a submerged archeological historic property or a submerged paleontological property without a license in violation of 54-7-650 or 54-7-660 or violates the terms of a hobby license issued under 54-7-670 shall be punished by a fine of not more than $50 for each day of violation and by revocation of the hobby license where applicable; a person who violates the terms of a hobby license issued to an instructor or charter business under 54-7-680 shall be punished by a fine of not more than $100 for each day of violation and by revocation of the hobby license; and a person who violates the terms of an exclusive license to utilize a submerged archeological historic property or a submerged paleontological property for commercial salvage or other income-producing purposes pursuant to 54-7-690 shall be fined not more than $10,000 and imprisoned for not more than one year, or both, for each day of violation and by revocation of any applicable license.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Code of Laws of South Carolina
Citation: 54-7-815
Section Title: South Carolina Underwater Antiquities Act: excavation or salvage of certain warships unlawful

Summary:

Declares that a person is guilty of a felony who, without the approval of the State Budget and Control Board, excavates or salvages a sunken warship submerged in the waters of the Atlantic Ocean within three miles of the South Carolina coast where there are, or it is believed there are, human remains. Declares that such a person shall be fined at the discretion of the court or imprisoned for a term not to exceed five years, or both.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Underwater Archeological Activity
    • Violation / Penalty / Enforcement

Code Book: Code of Laws of South Carolina
Citation: 54-7-870
Section Title: South Carolina Underwater Antiquities Act: retention of data provided to institute; information not public record; human remains; etc.

Summary:

Reserves for the Institute of Archeology and Anthropology the right to retain and distribute for research or educational purposes data provided to the institute under this article. Declares that all records of the institute and the South Carolina Museum Commission pertaining to submerged archeological historic properties and paleontological properties, including but not limited to actual locations, are not considered public record for purposes of the Freedom of Information Act, and shall only be opened when the state archeologist considers that it is in the best interest of the state. Declares that the state and the institute are not liable or responsible for any accident or injury sustained by a person or loss, damage or harm to any vessel, equipment or property in any way connected with activities conducted on or about submerged lands with or without a license. Requires licensees to protect, indemnify and hold harmless the institute and the state against liabilities, suits, action, claims, losses and expenses incurred by or asserted or imposed against the institute or the state as a result of or in connection with the license and requires the licensee to pay, without notice, all money expended by the institute, plus interest, in connection therewith. Requires a person who discovers human remains or an apparent grave site in the course of activity licensed under this article to: leave the remains undisturbed, unless the remains are of a person who died in the course of diving operations or other immediate cause; notify immediately the state archeologist or the deputy state archeologist for underwater or a representative of the institute; and suspend activity at the site until permitted to resume by the institute. Reserves for the state the right to recover human remains for the purpose of study or reburial in accordance with pertinent federal or state laws. Designates the deputy state archeologist to issue licenses and otherwise administer this article. Authorizes the institute to establish detailed guidelines containing archeology standards, processing requirements and other requirements relating to this article. Allows the institute to waive or vary particular provisions of this article.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Disposition of Human Remains
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-830
Section Title: South Carolina Underwater Antiquities Act: privately owned land not subject to article

Summary:

Declares that nothing in this article regarding the South Carolina Underwater Antiquities Act may be construed to limit or prohibit the use of privately owned land by its owner or require the owner to obtain a license required by this article for any activity on his or her privately owned land.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Private Funds
    • Private Property
    • Underwater Archeological Activity

Code Book: Code of Laws of South Carolina
Citation: 54-7-840
Section Title: South Carolina Underwater Antiquities Act: educational program; underwater archeologist on staff of institute; retention and use of license fees

Summary:

Requires the Institute of Archeology and Anthropology to establish and maintain an educational program for the training of interested members of the public in the identification, recordation and registration of submerged archeological historic property and certify those who have successfully completed such training. Requires at least one member of the institute staff to be qualified by training and experience in the field of underwater archeology. Authorizes the institute to retain all license fees received pursuant to this article and to use such fees only to implement this article.

Primary Topic: Archeological Activities

    Secondary Topic:
    • Underwater Archeological Activity



Return to State laws
State Historic Preservation Legislation Database. Search by state and keywords for legislation.
South Carolina government, preservation and state archaeological resource links.



home : mission : updates : sites : learn : action : links : contact


Best viewed at screen resolutions 1024 x 768 and 800 x 600
Copyright Information
For site problems contact the webmaster