South Carolina § 54-7-820 - Retention and confidentiality of data; exemption from liability; discovery of human remains or grave sites; issuance of licenses and administration of article; waivers and variances.

§ 54-7-820. Retention and confidentiality of data; exemption from liability; discovery of human remains or grave sites; issuance of licenses and administration of article; waivers and variances.

(A) The institute reserves the right to retain and distribute for research or educational purposes data provided to the institute under this article. All archaeological and paleontological records of the South Carolina Institute of Archaeology and Anthropology and the South Carolina Museum Commission pertaining to submerged archaeological historic properties and submerged paleontological properties including, but not limited to, actual locations of the properties or mandatory reports from licensed divers concerning locations of the properties or objects or materials recovered from such properties, are not considered public record for purposes of the Freedom of Information Act. These records may only be opened when the State Underwater Archaeologist considers that it is in the best interest of the State to allow access to the records upon good cause shown by the persons petitioning to open the records.

(B) The State and the institute are not liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a license. Licensees shall agree to protect, indemnify, and hold harmless the institute and the State against liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind incurred by, or asserted or imposed against, the institute or the State as a result of or in connection with the license. All money expended by the institute or the State as a result of these liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the licensee to the institute or the State, as appropriate.

(C)(1) If, in the course of activity licensed under this article a person discovers human remains or an apparent grave site, the person shall:

(a) leave the remains undisturbed unless the remains are a person who died in the course of diving operations or other immediate cause including, but not limited to, drowning, boating accident, or homicide;

(b) immediately notify the State Underwater Archaeologist or a representative of the institute; and

(c) suspend activity at the site until permitted to resume by the institute.

(2) The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or state law.

(D)(1) Except as may be otherwise specifically provided, the State Underwater Archaeologist is designated to issue licenses and otherwise administer this article.

(2) The institute may establish from time to time detailed guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of this article.

(E) The institute may waive or vary particular provisions of this article to the extent that the waiver or variance is not inconsistent with this article and if, in the written determination of the institute, the application of a provision of this article in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the article.

HISTORY: 1991 Act No. 169, SECTION 1; 2002 Act No. 364, SECTIONS 11, 12, eff September 26, 2002.

Effect of Amendment

The 2002 amendment, in subsections (A) and (C)(1)(b), substituted "State Underwater Archaeologist" for "State Archaeologist", in subsection (C)(1)(b), deleted "Deputy State Archaeologist for Underwater", and in subsection (D)(1) substituted "State Underwater Archaeologist" for "Deputy State Underwater Archaeologist for Underwater".