S.L. 1967-533

NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

CHAPTER 533

SENATE BILL 447

AN ACT TO DECLARE OWNERSHIP OF ALL BOTTOMS IN CERTAIN WATERS WITHIN THE STATE AND TO ESTABLISH PROCEDURES FOR CONDUCTING SALVAGE OF ABANDONED SHIPWRECKS AND OTHER UNDERWATER ARCHAEOLOGICAL SITES.

WHEREAS, extensive discoveries of and recoveries from the sunken underwater archaeological remains of Confederate, United States, and British vessels in the waters off the coast of North Carolina have been made during the past five years; and

WHEREAS, thousands of historically and archaeologically significant and valuable artifacts from shipwrecks have been recovered, preserved, studied and interpretively displayed in museums in North Carolina and elsewhere; and

WHEREAS, the survey, recovery and retention of historic sunken ships and associated artifacts along the entire North Carolina coast is vital to the interpretation of North Carolina history, government, and culture to the citizens of the State; and

WHEREAS, these artifacts and the vessels from which they come are in danger of destruction or loss due to the elements of nature and by various individuals or groups; and

WHEREAS, underwater archaeological sites extend along the entire length of the North Carolina coast and number in the hundreds, resulting in widespread uncontrolled exploration, damage, and removal of archaeological materials; and

WHEREAS recovery and preservation work promoted and accomplished during and since 1962 by the Department of Archives and History has elevated the State of North Carolina to a position of leadership in the field of underwater archaeology and preservation of historical artifacts;

WHEREAS, certain other states of the Union are already taking steps toward systematic state administration of underwater archaeological programs; and

WHEREAS, unless an appropriate administrative body is created, effective control procedures are established and a professional survey, surveillance and recovery staff provided, the State of North Carolina stands in danger of losing the irreplaceable artifacts to commercial firms and others who have expressed desires to remove these valuable resources for private monetary gain: Now, therefore,

The General Assembly of North Carolina do enact:

Section 1. Subject to Chapter 82 of the General Statutes, entitled "Wrecks" and to the provisions of Chapter 210, Session Laws of 1963, and to any statute of the United States, the title to all bottoms of navigable waters within one marine league seaward from the Atlantic seashore measured from the extreme low water mark; and the title to all shipwrecks vessels, cargoes, tackle, and underwater archaeological artifacts which have remained unclaimed for more than 10 years lying on the said bottoms, or on the bottoms of any other navigable waters of the State, is hereby declared to be in the State of North Carolina, and such bottoms, shipwrecks, vessels, cargoes, tackle, and underwater archaeological artifacts shall be subject to the exclusive dominion and control of the State.

Sec. 2. The custodian of shipwrecks, vessels, cargoes, tackle and underwater archaeological artifacts as defined in Section 1 hereof shall be the State Department of Archives and History, which is empowered to promulgate such rules and regulations as may be necessary to preserve protect, recover and salvage any or all underwater properties as defined in Section 1 hereof; such rules and regulations, when approved by the Governor and Council of State, shall have the force and effect of law.

Sec. 3. The Department of Archives and History is also authorized to establish a professional staff for the purpose of conducting and/or supervising the surveillance, protection, preservation, survey and systematic underwater archaeological recovery of underwater materials as defined in Section 1 hereof.

Sec. 4. Any qualified person, firm or corporation desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any part of a derelict or its contents or other archaeological site may be removed, displaced or destroyed, shall first make application to the Department of Archives and History for a permit or license to conduct such operations. If the Department of Archives and History shall find that the granting of such permit or license is in the best interest of the State, it may grant such applicant a permit or license for such a period of time and under such conditions as the Department may deem to be in the best interest of the State. Such permit or license may include but need not be limited to the following:

(a) Payment of monetary fee to be set by the Department

(b) That a portion or all of the historic material or artifacts be delivered to custody and possession of the Department

(d) That a portion or all of such relics or artifacts may be sold or traded by the Department.

Permits or licenses may be renewed upon or prior to expiration upon such terms as the applicant and the Department may mutually agree. Holders of permits or licenses shall be responsible for obtaining permission of any Federal agencies having jurisdiction, including the U. S. Coast Guard, the U. S. Department of the Navy and the U. S. Army Corps of Engineers prior to conducting any salvaging operations.

Sec. 5. Any funds which may be paid to or received by the Department of Archives and History under the terms of Section 4 hereof may be allocated for use by the Department of Archives and History for continuing its duties under this Act, subject to the approval of the Budget Division of the Department of Administration.

Sec. 6. All law enforcement agencies and officers, State and local, are hereby empowered to assist the Department of Archives and History in carrying out its duties under this Act.

Sec. 7. Nothing in this Act shall be construed to affect pending litigation.

Sec. 8. Any person violating the provisions of this Act or any rules or regulations established thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be punished as in cases of misdemeanor.

Sec. 9. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 10. This Act shall be in full force and effect on and after July 1, 1967.

In the General Assembly read three times and ratified, this the 19th day of May, 1967.