Implementation Of The Abandoned Shipwreck Act Guidelines

Upon enac tment of the Abandoned Shipwreck A c t of 1987, t h e United S t a t e s immediately asser ted t i t l e t o th ree classes of abandoned shipwrecks t h a t a r e located in or on the submerged lands of a State . The A c t removed those shipwrecks from the jurisdiction of the law of salvage and t h e law of finds. Simultaneously, t h e United S t a t e s t ransferred t i t l e t o shipwrecks located in S t a t e waters t o t h e respect ive S t a t e s to manage. As required by the Act , the National Park Service prepared and published advisory guidelines t o assist S t a t e s and Federal agencies in developing legislation and regulations t o carry o u t their responsibilities under t h e Act. The guidelines were developed a f t e r consultation with public and pr ivate sec tor interests. This was accomplished by holding 11 public meet ings across the nation and by surveying t h e S t a t e s about existing shipwreck management programs. Over 250 people presented s ta tements or submit ted l e t t e r s to voice their opinions or t h a t of their organizations. In addition, 47 of the 56 States , commonwealths and other possessions t h a t were polled provided information about their State 's shipwreck program. Although many different ideas were suggested, t h e r e seemed t o be a consensus on a number of topics. These a r e a s of consensus have been incorporated into t h e guidelines, which were published on April 4, 1989, for a six month public review and comment period. The guidelines will b e revised t o accommodate , as appropriate, suggestions and concerns raised during the public comment period. INTRODUCTION The Abandoned Shipwreck A c t (Public Law 100-298) was signed into law on April 28, 1988. The primary purposes of the A c t a r e t o clarify t i t l e t o th ree classes of abandoned shipwrecks t h a t a r e located within three miles of the coastline of the United States , and t o remove those shipwrecks from t h e jurisdiction of t h e law of salvage and the law of finds. Upon enac tment , the United States Government asser ted t i t l e t o any abandoned shipwreck t h a t is embedded in a State 's submerged lands; any abandoned shipwreck t h a t is embedded in coralline formations pro tec ted by a S t a t e on its submerged lands; or any abandoned shipwreck t h a t is located on a Sta te ' s submerged lands and is included in or determined eligible for inclusion in the National Regis ter of Historic Places. When the United S t a t e s asser ted t i t l e t o those abandoned shipwrecks, i t simultaneously t ransferred t i t l e t o those shipwrecks located in or on the submerged lands of a S t a t e to t h e respect ive S t a t e s t o manage. The United S t a t e s re ta ined t i t l e to abandoned shipwrecks located on public lands, while Indian t r ibes re ta ined t i t l e t o abandoned shipwrecks located on Indian lands. Section 4 of the A c t says t h a t S t a t e s a r e t o car ry out their responsibilities under t h e Act in a manner t h a t will p r o t e c t natural resources and habi ta t areas; guarantee recreat ional exploration of shipwreck sites; and allow for appropriate public and pr ivate sector recovery of shipwrecks, consistent with t h e protect ion of historical values and t h e environmental integri ty of the shipwrecks and the sites. The A c t encourages S t a t e s t o establish underwater parks or a r e a s t o provide additional protect ion for shipwreck sites. I t a lso d i rec ts t h e S t a t e s t o make Historic Preservat ion Fund grants available, in accordance with the provisions of t h e National Historic Preservat ion A c t of 1966, to study, interpret , p r o t e c t and preserve historic shipwrecks. Section 5 of t h e Act d i rec ts t h e National Park Service t o prepare and publish guidelines t o assist S t a t e s and Federal agencies in developing legislation and regulations to carry o u t their responsibilities under t h e Act. The A c t requires t h a t such guidelines a r e t o maximize t h e enhancement of cul tural resources; foster a partnership among sport divers, fishermen, archeologists, salvors and other in te res t s t o manage shipwreck resources of the S t a t e s and the United States; fac i l i t a te access and utilization by recreat ional interests ; and recognize the in te res t s of individuals and groups engaged in shipwreck discovery and salvage. DEVELOPMENT OF SHIPWRECK GUIDELINES As required by t h e Act , t h e National Park Service consulted with public and pr iva te sector in te res t s prior t o developing t h e guidelines. Such in te res t s include sport divers, professional dive operators , commercial salvors, fishermen, archeologists, historic preservationists, t h e Secretary of Commerce, the Advisory Council on Historic Preservat ion, and S t a t e Historic Preservat ion Officers. In an e f f o r t t o reach as many shipwreck in te res t groups as possible, t h e National Park Service held I I public meetings across t h e country. To col lect information on existing S t a t e shipwreck management programs, t h e National Park Service developed and sen t a questionnaire t o each of the 56 States , commonwealths and o ther possessions of t h e United States . Resul ts of Public Meetings During September and October of 1988, t h e National Park Service held public meetings in Washington, D.C.; San Francisco, California; Sea t t le , Washington; Austin, Texas; Beaufort, North Carolina; Colchester , Vermont; Lyndhurst, New Jersey; Madison, Wisconsin; Tampa, Florida; New Orleans, Louisiana; and Charleston, South Carolina. Approximately 500 people a t tended the public meetings. Over 120 a t tendees presented s t a t e m e n t s to voice their opinions or those of the organizations t h a t they represented. In addition, about 130 people sen t l e t t e r s to the National Park Service t o express their opinions or t h a t of t h e organizations they represented.