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Abandoned Shipwreck Act of 19871 

AN ACT To establish the title of States in certain abandoned shipwrecks, 
and for other purposes. 

  Be it enacted by the Senate and House of Representatives of the United 
States of america in Congress assembled,  

SEC. 1   SHORT TITLE. 

  This Act may be cited as the "Abandoned Shipwreck Act of 1987". 

SEC. 2   FINDINGS. 

  The Congress finds that- 

    (a) States have the responsibility for management of a broad range of 
  living and nonliving resources in State waters and submerged lands; and 

    (b) included in the range of resources are certain abandoned shipwrecks 
  which have been deserted and to which the owner has relinquished ownership 
  rights with no retention. 

SEC. 3   DEFINITIONS. 

  For purposes of this Act- 

    (a) the term "embedded" 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 t he shipwreck, its 
  cargo and any part thereof; 

    (b) the term "National Register" means the National Register of Historic 
  Places maintained by the Secretary of the Interior under section 101 of the 
  National Historic Preservation Act (16 U.S.C. 470a); 

    (c) the terms "public lands", "Indian lands", and "Indian tribe" have the 
  same meaning given the terms in the Archaeological Resource Protection Act 
  of 1979 (16 U.S.C. 470aa-470ll); 

    (d) the term "shipwreck" means a vessel or wreck, its cargo, and other 
  contents; 

    (e) the term "State" means a State of the United States, the District of 
  Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the 
  Northern Mariana Islands; and 

    (f) the term "submerged lands" means the lands- 

        (1) that are "lands beneath navigable waters," as defined in section 2 
    of the Submerged Lands Act (43 U.S.C. 1301); 

        (2) of Puerto Rico, as described in section 8 of the Act of March 2, 
    1917, as amended (48 U.S.C. 749); 

        (3) of Guam, the Virgin Islands and America Samoa, as described in 
    section 1 of Public Law 93-435 (48 U.S.C. 1705); and 

        (4) of the Commonwealth of the Northern Mariana Islands, as described 
    in section 801 of Public Law 94-241 (48 U.S.C. 1681). 

SEC. 4   RIGHTS OF ACCESS. 

  (a) ACCESS RIGHTS. -In order to- 

      (1) clarify that State waters and shipwrecks offer recreational and  
  and educational opportunities to sport divers and other interested groups, 
  as well as irreplaceable State resources for tourism, biological 
  sanctuaries, and historical research; and 

      (2) provide that reasonable access by the public to such abandoned 
  shipwrecks be permitted by the Sate holding title to such shipwrecks 
  pursuant to section 6 of this Act, 

  it is the declared policy of the Congress that States carry out their 
  responsibilities under this Act to develop appropriate and consistent 
  policies so as to- 

        (A) protect national 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 the shipwrecks and the sites. 

  (b) PARKS AND PROTECTED AREAS. -In managing the resources subject to the 
provisions of this Act, States are encouraged to create underwater parks or 
areas to provide additional protection for such resources.  Funds available to 
States from grants from the Historic Preservation fund shall be available, in 
accordance with the provisions of title I of the National Historic 
Preservation Act, for the study, interpretation, protection, and preservation 
of historic shipwrecks and properties. 

SEC. 5   PREPARATION OF GUIDELINES.  

  (a) In order to encourage the development of underwater parks and the 
administrative cooperation necessary for the comprehensive management of 
underwater resources related to historic shipwrecks, the Secretary of the 
Interior, acting through the Director of the National Park Service, shall 
within nine months after the date of enactment of this Act prepare and publish 
guidelines in the Federal Register which shall seek to: 

      (1) maximize the enhancement of cultural resources; 

      (2) foster a partnership among sport divers, fishermen, archeologists, 
  salvors, and other interests to manage shipwreck resources of the States 
  and the United States; 

      (3) facilitate access and utilization by recreational interests; 

      (4) recognize the interests of individuals and groups engaged in 
  shipwreck discovery and salvage. 

  (b) Such guidelines shall be developed after consultation with appropriate 
public and private sector interests (including the Secretary of Commerce, the 
Advisory council on Historic Preservation, sport divers, State Historic 
Preservation Officers, professional dive operators, salvors, archeologists, 
historic preservationists, and fishermen). 

  (c) Such guidelines shall be available to assist States and the appropriate 
Federal agencies in developing legislation and regulations to carry out their 
responsibilities under this Act. 

SEC. 6   RIGHTS OF OWNERSHIP. 

  (a) UNITED STATES TITLE. -The United States asserts title to any abandoned 
shipwreck that is- 

      (1) embedded in submerged lands of a State; 

      (2) embedded in coralline formations protected by a State on submerged 
  lands or a State; or 

      (3) on submerged lands of a State and is included in or determined to 
  be eligible for inclusion in the National Register. 

  (b) The public shall be given adequate notice of the location of any 
shipwreck to which title is asserted under this section.  The Secretary of the 
Interior, after consultation with the appropriate State Historic Preservation 
Officer, shall make a written determination that an abandoned shipwreck meets 
the criteria for eligibility for inclusion in the National Register of 
Historic Places under clause (a)(3). 

  (c) TRANSFER OF TITLE TO STATES. -The title of the United States to any 
abandoned shipwreck asserted under subsection (a) of this section is 
transferred to the State in or on whose submerged lands the shipwreck is 
located. 

  (d) EXCEPTION. -Any abandoned shipwreck in or on public lands of the United 
States is the property of the United States Government.  Any abandoned 
shipwreck in or on any Indian lands is the property of the Indian tribe owning 
such lands. 

  (e) RESERVATION OF RIGHTS. -This section does not affect any right reserved 
by the United States or by any State (including any right reserved with 
respect to Indian lands) under- 

      (1) section 3, 5, or 6 of the Submerged Lands Act (43 U.S.C. 1311, 
  1313, and 1314); or 

      (2) section 19 or 20 of the Act of March 3, 1899 (33 U.S.C. 414 and 
  415). 

SEC. 7   RELATIONSHIP TO OTHER LAWS. 

  (a) LAW OF SALVAGE AND THE LAW OF FINDS. -The law of salvage and the law of 
finds shall not apply to abandoned shipwrecks to which section 6 of this Act 
applies. 

  (b) LAWS OF THE UNITED STATES. -This Act shall not change the laws of the 
United States relating to shipwrecks, other than those to which this Act 
applies. 

  (c) EFFECTIVE DATE. -This Act shall not affect any legal proceeding brought 
prior to the date of enactment of this Act. 

_________________ 
  
1 The Abandoned Shipwreck Act of 1987 (43 U.S.C. 2101 et seq.), as set forth herein, 
consists of Public Law 100-298 (April 28, 1988). 

2 Final Guidelines for the Abandoned Shipwreck Act issued by the Department of the Interior, 
December 4, 1990, in the Federal Register, Vol. 55, No. 233, pp. 50116-50145. 
 



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