The Abandoned Shipwrecks Act is a piece of United States legislation passed into law in 1988 meant to protect historic

shipwreck A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. Angela Croome reported in January 1999 that there were approximately ...

s in US waters from treasure hunters and unauthorised salvagers by transferring the title to the wreck to the US state whose waters it lies in.

Background

The Abandoned Shipwrecks Act (Pub. L. 100-298; ), also known as the Abandoned Shipwrecks Act of 1987, was passed into law due to severe damage to some 3,000 historic wrecks in the

Great Lakes The Great Lakes, also called the Great Lakes of North America, are a series of large interconnected freshwater lakes in the mid-east region of North America that connect to the Atlantic Ocean via the Saint Lawrence River. There are five lakes ...

and off the US coasts that had been salvaged, and in some cases ruined, by treasure hunters in the 1970s. On April 29, 1988, President

Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...

signed the bill (Abandoned Shipwrecks Act of 1987, Pub. L. 100-298, 102 Stat. 432) into law.

Provisions

The law provides that any wreck that lies embedded in a state's submerged lands is property of that state and subject to that state's jurisdiction if the wreck is determined as being abandoned. The

National Park Service The National Park Service (NPS) is an agency of the United States federal government within the U.S. Department of the Interior that manages all national parks, most national monuments, and other natural, historical, and recreational propertie ...

website states that these include:

abandoned shipwrecks embedded in a State's submerged lands; abandoned shipwrecks embedded in coralline formations protected by a State on its submerged lands; and abandoned shipwrecks located on a State's submerged lands and included in or determined eligible for inclusion in the National Register of Historic Places.NPS Archeology Program: Abandoned Shipwreck Act Guidelines
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In section 3, the act outlines what is meant by the use of certain words. In the case of the term "embedded," it states that it

... means firmly affixed in the submerged lands or in coralline formations such that the use of tools of excavation is required in order to move the bottom sediments to gain access to the shipwreck, its cargo, and any part thereof.

Also, the term "submerged lands" refers to "lands beneath navigable waters", and "state" denotes "a state of the

United States of America The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territo ...

District of Columbia ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...

Puerto Rico Puerto Rico (; abbreviated PR; tnq, Boriken, ''Borinquen''), officially the Commonwealth of Puerto Rico ( es, link=yes, Estado Libre Asociado de Puerto Rico, lit=Free Associated State of Puerto Rico), is a Caribbean island and Unincorporated ...

Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...

, the

Virgin Islands The Virgin Islands ( es, Islas Vírgenes) are an archipelago in the Caribbean Sea. They are geologically and biogeographically the easternmost part of the Greater Antilles, the northern islands belonging to the Puerto Rico Trench and St. Croix ...

American Samoa American Samoa ( sm, Amerika Sāmoa, ; also ' or ') is an unincorporated territory of the United States located in the South Pacific Ocean, southeast of the island country of Samoa. Its location is centered on . It is east of the International ...

, and the

Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...

Exclusions

The law does not protect military wrecks (which are always owned by the countries by which they were commissioned) or wrecks that lie on Native American land.

Controversies

The act has come under fire due to its ambiguous wording. States make the claim that all shipwrecks that lay embedded in their waters are abandoned and under their jurisdiction. Some people claim that only the 10% most historic of all wrecks belong to states. The confusion has resulted in numerous court cases over ownership and salvage rights of the wreck. Salvagers argue that the states need to prove to the public which wrecks are historic and are protected under the Act, while the states claim that the salvager needs to provide proof of ownership if they are to salvage any parts, sediment, artifacts, etc., of the wreck.Federal & State Laws, Acts and Statutes Affecting Great Lakes Shipwrecks - a synopsis of the various State and Federal laws and statutes as they apply to Great Lakes wrecks
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References

{{Authority control 1988 in law 100th United States Congress Shipwreck law United States federal admiralty and maritime legislation