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{{Short description|US legislation}}
{{Weasel|date=March 2009}}
{{Infobox U.S. legislation {{Infobox U.S. legislation
| shorttitle = Abandoned Shipwreck Act | shorttitle = Abandoned Shipwreck Act
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| SCOTUS cases = | SCOTUS cases =
}} }}
The '''Abandoned Shipwrecks Act''' is a United States piece of legislation passed into law in 1988 meant to protect historic ]s from treasure hunters and ] by transferring the title of the wreck to the state whose waters it lies in. The '''Abandoned Shipwrecks Act''' is a piece of ] passed into law in 1988 meant to protect historic ]s in US waters from ] and unauthorised ] by transferring the title to the wreck to the US state whose waters it lies in.


== Background == == Background ==
The Abandoned Shipwrecks Act (Pub. L. 100-298; {{UnitedStatesCode|43|2101|2106}}), also known as the Abandoned Shipwrecks Act of 1987, was passed into law due to severe damage to some 3,000 historic wrecks on the ] and other areas of the coast that had been looted, and in some cases ruined, by treasure hunters in the 1970s..<ref name="baillod.com"></ref> On April 29, 1988, President ] signed the bill (Abandoned Shipwrecks Act of 1987, Pub. L. 100-298, 102 Stat. 432) into law. The Abandoned Shipwrecks Act (Pub. L. 100-298; {{UnitedStatesCode|43|2101|2106}}), 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 ] and off the US coasts that had been salvaged, and in some cases ruined, by treasure hunters in the 1970s.<ref>{{cite journal
|url=http://www.quinnipiac.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/20_10UBridgeportLRev361(1989-1990).pdf
|title=The Abandoned Shipwreck Act of 1987. Navigating Turbulent Constitutional Waters?
|first=Denise B.
|last=Feingold
|journal=University of Bridgeport Law Review
|volume=10
|year=1990
|pages=361–399
|access-date=2015-03-03
|archive-url=https://web.archive.org/web/20150402174833/http://www.quinnipiac.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/20_10UBridgeportLRev361(1989-1990).pdf
|archive-date=2015-04-02
|url-status=dead
}}</ref> On April 29, 1988, President ] signed the bill (Abandoned Shipwrecks Act of 1987, Pub. L. 100-298, 102 Stat. 432) into law.


== The specifics == == Provisions ==
The law specifies that any wreck that lies embedded 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 ] website states that these include: <blockquote> 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 ] 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.<ref></ref>” <blockquote>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.<ref></ref>"
</blockquote>
⚫ 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... <blockquote>
⚫ "...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."
</blockquote> </blockquote>
⚫ Also, the term "submerged lands" refers to "lands beneath navigable waters," and "state" delineates "a state of the ], ], ], ], the ], ], and the ]."
⚫ 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

⚫ <blockquote>... 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.</blockquote>

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


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


== Controversies == == 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. Salvers 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 salver needs to provide proof of ownership if they are to salvage any parts, sediment, artifacts, etc., of the wreck.<ref name="baillod.com"/> 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.<ref name="baillod.com"></ref>

Various eco-zealots and those with agendas have frequently misrepresented the original intentions of the ASA of 1987 on Misplaced Pages and other publications. They claim it was passed to shield legitimate salvors (they refer to them as pirates, looters and grave robbers) from rights granted under the US Constitution and US Admiralty Law. These claims are false, and can be simply proven by reading the actual Act. The wording is clear: (a) protect natural resources and habitat areas, (b) guarantee recreational exploration of shipwreck sites, and, (c) allow for appropriate public and private sector recovery of shipwrecks consistent with the protection of historical values and environmental integrity of shipwrecks and their sites. See reference 3.

Those progressives and bureaucrats with agendas who intentionally mislead the public regarding the actual meaning of the ASA refuse to engage in a public discourse with legitimate salvors who preserve these wrecks, pay archeologists millions to carefully document the heritage and history of these wrecks, and ensure the public has access to the riches only private salvors bring in the public realm with their OWN funds. Future misrepresentations of private salvors on this site will be dealt with accordingly in criminal and/or civil court.



== References == == References ==
{{Reflist}}


{{Authority control}}
<references/>
*The Abandoned Shipwrecks Act, Pub.L. 100-298; 43 U.S.C. 2101-2106

==External links==
*
*


⚫ ]
{{DEFAULTSORT:Abandoned Shipwrecks Act}}
⚫ ]
] ]
] ]

Latest revision as of 18:42, 2 September 2024

US legislation
Abandoned Shipwreck Act
Great Seal of the United States
Long titleAn Act to establish the title of States in certain abandoned shipwrecks, and for other purposes.
Acronyms (colloquial)ASA
NicknamesAbandoned Shipwreck Act of 1987
Enacted bythe 100th United States Congress
EffectiveApril 28, 1988
Citations
Public law100-298
Statutes at Large102 Stat. 432
Codification
Titles amended43 U.S.C.: Public Lands
U.S.C. sections created43 U.S.C. ch. 39 § 2101
Legislative history

The Abandoned Shipwrecks Act is a piece of United States legislation passed into law in 1988 meant to protect historic shipwrecks 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; 43 U.S.C. §§ 2101–2106), 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 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 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 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."

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, District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands."

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.

References

  1. Feingold, Denise B. (1990). "The Abandoned Shipwreck Act of 1987. Navigating Turbulent Constitutional Waters?" (PDF). University of Bridgeport Law Review. 10: 361–399. Archived from the original (PDF) on 2015-04-02. Retrieved 2015-03-03.
  2. NPS Archeology Program: Abandoned Shipwreck Act Guidelines
  3. 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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