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(a) the applicant has designated and, if required, placed into escrow the costs associated with the institute’s monitoring of the work undertaken, if monitoring is required by the institute;

(b) the applicant has identified and received the institute’s approval of the facility proposed to conduct conservation of any recovered artifacts and fossils needing stabilization or articulation;

(c) in the case of a data recovery license, the institute and the applicant have agreed upon all issues of disposition and title to submerged archaeological historic property or submerged paleontological property which may be recovered by the applicant;

(d) the applicant has furnished the institute with a form of assurance acceptable to the institute and adequate to guarantee that if work under the license is interrupted or abandoned, the necessary archaeological and/or paleontological fieldwork, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the institute. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the institute. The type and amount of assurance may be negotiated between the applicant and the institute, but the amount normally must be a sum equal to at least one‑third the amount budgeted and approved by the institute for field recovery, unless a lesser amount is determined by the institute to be acceptable; and

(e) any other condition that the institute considers necessary to protect the integrity of submerged archaeological historic property or submerged paleontological property.

(2) The requirements of item (1) of this subsection also apply to noncommercial applicants for exclusive licenses who are seeking title to submerged archaeological historic property or submerged paleontological property, other than an agency or unit of the State.

(B) If the institute determines not to issue a license, the institute shall issue a written notice of denial.

(C)(1) An applicant may request reconsideration of a denial by submitting a written request to the institute which must be received within thirty days following the date of the institute’s denial notice. The request for reconsideration must address each reason for the denial and provide documentation supporting reasons for reconsideration of the issues.

(2) Any person aggrieved by the decision of the institute may request an institute hearing.

(3) The hearing must be held and the institute’s final decision issued within sixty days of the date of the hearing.
SECTION 54‑7‑730. Provisions which must be shown on license issued by institute.
(A) Each license issued by the institute must contain at least the following provisions:

(1) the duration of the license;

(2) the boundaries of the area in which the work will be undertaken;

(3) a description of the scope of work to be undertaken by the licensee and, if a data recovery license, a description of the artifactual and/or paleontological materials expected to be recovered;

(4) a listing of the key personnel including the field archaeologist who will be conducting the work; and

(5) a description of the expected types of activity which must be undertaken by the licensee in order to restore the submerged lands following completion of the intensive survey or investigation.

(B) A license issued by the institute may contain provisions requiring monitoring of the license activity by a monitoring archaeologist and/or a monitoring paleontologist in order to ensure compliance with the provisions of the license and this article. These provisions, if any, must be so noted on the license.
SECTION 54‑7‑740. Additional provisions applicable to licenses issued by State Archaeologist.
For each license issued by the State Archaeologist the following provisions also apply:

(1)(a) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the work is subject to prior approval by the institute in order to assure that the overall qualifications of the licensee are consistent with those originally considered by the institute in the issuance of the license.

(b) The institute must be afforded at least ten business days to review the qualifications of proposed new personnel before approving their assignment. If the institute fails to respond within the ten‑day period the new personnel are considered approved.

(2)(a) At all times there must be a person designated by and acting for the licensee aboard any vessel or present at any phase of the work carried out under the license who is responsible for the work and the proper accounting of all artifacts and fossil specimens located or recovered and who must be familiar with and responsible for compliance with the terms and requirements of the license.

(b) At all times the work must be under the immediate supervision of a professional field archaeologist with training or experience in maritime archeology that is acceptable to the institute or, where a paleontological property is involved, a field paleontologist or museum curator that is acceptable to the museum.

(c) The monitoring archaeologist, if any, shall ensure that the field archaeologist complies with the research plan approved by the institute.

(d) The monitoring paleontologist, if any, shall ensure that the field paleontologist complies with the research plan approved by the institute and museum.

(e) Any disputes or differences of opinion between the field archaeologist and the monitoring archaeologist must be resolved by the monitoring archaeologist.

(f) Disputes or differences of opinion between the field paleontologist and the monitoring paleontologist must be resolved by the monitoring paleontologist.

(g) If a license contains monitoring provisions, the licensee shall act in accordance with the direction given by the monitoring archaeologist and/or monitoring paleontologist, especially with respect to:

(i) methods of handling any artifact or fossil specimen so as to minimize any risk of loss, damage, substantive injury to, or deterioration of, the artifact or specimen;

(ii) methods of preserving from damage, decay, or deterioration any artifact or fossil specimen by contact with air, light, or otherwise;

(iii) methods of entering upon or dealing with any site so to avoid as much as possible any damage to the site; and

(iv) methods of cataloguing, indexing, or recording any artifacts and/or fossil specimens found upon or in the vicinity of any site whether or not those artifacts or specimens are brought to the surface.

(3)(a) Changes in financial support or equipment for the project from that listed on the license application must be approved by the institute.

(b) The licensee shall notify the institute in writing of changes or proposed changes in financial support or equipment from that noted in the license application. The notice shall contain information regarding the change in the form and detail required by the institute. The institute must be afforded at least ten business days to review the changes before making a decision whether or not to approve them. If the institute fails to respond within the ten‑day period, the changes are considered approved.

(c) If the institute determines that changes or proposed changes in the financial support or the equipment for the project from that listed in the license application decrease materially the licensee’s ability to carry out and complete the project in accordance with the research plan approved by the institute, the State Archaeologist may revoke the license.

(4)(a) The institute may require that security be provided and maintained for sites where submerged archaeological historic property or submerged paleontological property are discovered that are sufficiently significant to warrant protection.

(b) If the institute determines that a site warrants protection, the licensee is responsible for providing and maintaining security for the site.

(c) The State is not responsible for marking or protecting a site except as the institute may determine to be desirable in the administration of this article.

(5) During work carried out under a license granted by the institute, the applicant shall maintain logs of all activities related to the license on standard forms prescribed by the institute which must include:

(a) a day log;

(b) a survey log;

(c) a diving log;

(d) a photographic log; and

(e) an artifact log, including a catalogue numbering system prescribed by the institute.

(6)(a) The licensee may not use any means of survey or excavation that would destroy or substantially injure a submerged archaeological historic property or submerged paleontological property before its location has been documented.

(b) The licensee may not use explosives, cutterhead dredges, draglines, clam dredges, airlifts, suction dredges, propwash deflectors, or other grossly destructive devices in any aspect of activities covered under a license without the prior written consent of the institute.

(7)(a) Recovery of artifacts and/or fossils may be made only under the supervision of the monitoring archaeologist in accordance with the research plan approved by the institute.

(b) Large artifacts such as cannons, anchors, and hull remains that have not been specified for recovery in the license may not be recovered unless the licensee has obtained specific written permission from the institute.

(c) Before a division of artifacts and/or fossils in accordance with the method established at the issuance of the license, the licensee may not:

(i) devise, bequeath, transfer, convey, or dispose of by any manner an artifact or fossil recovered under the authority of a license; or

(ii) melt, render down, or in any way change the shape, character, or form of an artifact or fossil recovered under the authority of a license.

(8)(a) The licensee is wholly responsible for transporting, storing, and stabilizing all artifacts and fossils raised under the license and for the costs associated with these activities. The licensee is wholly responsible for conserving all artifacts and/or fossils to which the licensee receives title in a division.

(b) The licensee shall deliver by a safe means all artifacts and/or fossils recovered during each calendar month through the duration of the license to the conservation facility approved by the institute in accordance with Section 54‑7‑720(A)(1)(b) for secure storage until the artifacts and/or fossils are treated or disposed of in accordance with the license. The licensee shall ensure delivery of the artifacts and/or fossils to the conservation facility within a time that has been specified in the license.

(c) Every artifact and fossil delivered for storage to the conservation facility must be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts and/or fossils through the signature of a person authorized by the facility to receive the artifacts and fossils from the licensee. One copy of the inventory must be retained by the licensee, one copy must be transmitted to the institute, and one copy must be kept with the artifacts and/or fossils at the conservation facility.

(d) The institute may designate separate storage areas for artifacts and fossils which are bulky and of a comparatively low intrinsic historical, scientific, or educational value from those items of high intrinsic historical, scientific, or educational value.

(e) While any artifact or fossil is in storage, the State may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact or fossil.

(9)(a) The licensee shall comply fully with all applicable federal, state, or local safety regulations governing activities exercised under the privileges of the license.

(b) The licensee shall agree to indemnify the State and the institute from liability in accordance with Section 54‑7‑820(B).

(c) The licensee shall maintain adequate insurance coverage for workers’ compensation and liability to cover all activities under the license.

(10) The licensee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the licensed activity.

(11)(a) The licensee shall comply fully with all federal, state, and local laws and regulations which govern the activities exercised under the privileges of the license and shall apply for, receive, and fully comply with all necessary licenses and permits.

(b) The licensee shall ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or state navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas.

(12) In addition to any monitoring requirement that may be set forth in the license, a representative of the institute or, where paleontological property is involved, a representative of the museum may visit and be present at the location of operations carried out under a license including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a license has been granted in order to ensure compliance with the license and this article.

(13)(a) A representative of the institute or other designated state enforcement authority may at any time require the licensee to produce the license for examination.

(b) A representative of the institute may examine all work done or being done under the license.

(14) Licensees shall maintain records and file reports of activities as the institute specifies in the license. All records must be open to inspection by representatives of the institute or, where paleontological property is involved, representatives of the museum during reasonable working hours.

(15) A license, or any part of a license, may not be assigned by the licensee to another person including a successor in interest of the licensee without the prior written consent of the institute. The work covered by a license may not be contracted or subcontracted by the licensee to any party not addressed by the license without the prior written consent of the institute.

(16) The licensee shall retain full responsibility for the operations conducted under the license whether or not any of the work has been contracted or subcontracted. At all times there must be a person designated by the licensee aboard a vessel or present at any phase of the operation conducted under the privileges of the license who must be responsible for the work and who is familiar with the law, stipulations, and directives concerning the work and who is responsible for compliance with them in order to insure preservation of submerged archaeological historic property and/or submerged paleontological property.

(17) The licensee shall prohibit its agents or employees from retaining any artifact and/or fossil specimens from a site.

(18)(a) No applicant may be granted more than one exclusive license for the same time period.

(b) To afford adequate protection for the interest of the State, it is the policy of the institute to limit the number of licenses granted to those that can be properly supervised, monitored, and administered by the authorized agents of the institute.
SECTION 54‑7‑750. Additional provisions pertaining to intensive survey licenses.
(A) The conditions set forth in this section for intensive survey licenses apply in addition to the terms and conditions for all licenses.

(B)(1) The institute may issue an intensive survey license for up to a defined one square mile area.

(2)(a) The institute may issue an intensive survey license for up to ninety days.

(b) The licensee may request in writing renewal of the license for one additional period of up to ninety days. Upon application and payment to the institute of an additional fee in the same amount as the initial fee no later than fifteen days before the expiration of the license, the institute may renew a license under which the work has adhered to the license if the institute finds the renewal to be in the best interest of the State.

(c)(i) Upon written request and payment to the institute of an additional fee in the same amount as the initial fee, at any time throughout the duration of a license, the licensee may reserve intensive survey rights in the square mile sections immediately surrounding and contiguous to the license area. Unless specifically approved in writing by the institute, the licensee may not carry out any activity in the reserved area until the institute’s issuance of an additional license for the reserved area.

(ii) The institute may issue an additional intensive survey license for the requested reserved area without any subsequent additional fee if the institute has determined that the licensee has adhered to the terms of the initial license.

(C) With a minimum of disturbance to the site the licensee shall:

(1) identify the source of anomalies;

(2) delineate the extent of the site; and

(3) evaluate the potential characteristics and significance of the submerged archaeological historic property or submerged paleontological property in consultation with the monitoring archaeologist or other representative of the institute or museum.

(D) The licensee may not recover artifacts and/or fossil materials other than a limited number of small diagnostic artifactual and fossil materials that are useful in dating the site or in otherwise determining site significance.

(E) If the institute determines that the licensee has carried out the intensive survey in compliance with the license and this article, the institute may:

(1) retain the state’s title and control of those artifactual and fossil items that the institute considers to be of primary scientific value or of major archaeological, anthropological, historical, paleontological, recreational, or other public value; and

(2) release the state’s title to those artifactual and fossil items the institute does not consider to be of primary scientific value or of major archaeological, anthropological, historical, recreational, or other public value.

(F)(1)(a) Unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in the intensive survey license area for one hundred eighty days from the expiration date of the license. The licensee must apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty‑day period in order to exercise the licensee’s exclusive interest.

(b) If the licensee has reserved intensive survey rights in areas immediately surrounding and contiguous to the licensed one square mile section, then, unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in those reserved areas, if an intensive survey has been conducted in those areas, for one hundred eighty days from the expiration of a license related to those areas that has been issued to the licensee. The licensee shall apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty‑day period in order to exercise the licensee’s exclusive interest.

(2) If the institute does not receive the data recovery license application for the surveyed area within the one hundred eighty‑day period or the extended period, the institute may then accept license applications from other persons.
SECTION 54‑7‑760. Additional provisions pertaining to data recovery licenses.
(A) The conditions established in this section for data recovery licenses apply in addition to the terms and conditions for all licenses established in Sections 54‑7‑670 through 54‑7‑730.

(B)(1) An applicant may not be issued more than one license at a time for a single submerged archaeological historic property or submerged paleontological property unless the institute determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the institute and that the licenses can be properly supervised and administered by the institute.

(2) The institute may issue a data recovery license for an appropriate period not to exceed one year. The licensee may request in writing renewal of the license for the same additional period. Upon application and payment of an additional fee not later than thirty days before the expiration of the license, the institute may renew a license under which work has adhered to the license if the institute finds the renewal to be in the best interest of the State.

(C)(1) In areas disturbed under license, all artifacts encountered must be recovered by the licensee, with the exception of large artifacts such as cannons, anchors, and hull remains which would require special handling, storage, and preservation. The licensee shall contact the institute when large artifacts or hull remains are involved.

(2) In areas disturbed under license, all specimens encountered must be recovered by the licensee, with the exception of fragile fossils which would require special handling, storage, and preservation or complete or partial intact skeletal remains. The licensee shall immediately contact the museum if complete or partial intact skeletal remains are found if the fossil needs special handling to insure its preservation on excavation.
SECTION 54‑7‑770. Modification of licenses; property disposition agreements.
Upon the written request of the licensee, or if considered necessary by the institute, the institute may issue a modification to the license that can add, delete, or modify provisions contained in the license if the modification is consistent with this article.

(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:

(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.