Our oceans, lakes, and
rivers hold a rich archive of where we've been as a people. Anasazi
ruins deep beneath the waters of Lake Powell, on the Utah-Arizona
border … former rivers now submerged off the Florida coast,
as old as the continent's first inhabitants who lived along their
shores … the remains of sunken ships, airplanes, harbors, docks,
and wharves from all eras of prehistory and history.
This heritage is fading fast, often subject to salvage that ignores
the historical importance of sites and deterioration from marine
organisms and natural processes. State and federal agencies and
their partners, including many sport divers with a passion for maritime
history, are working to locate, document, and preserve this underwater
cultural heritage.
Government agencies rely on a diverse set of management
authorities to preserve and protect submerged cultural resources
under their jurisdiction or control. The Abandoned
Shipwreck Act is among the most important because it establishes government
ownership over most abandoned shipwrecks in our rivers, lakes
and seabed, and protects the shipwrecks from salvage. The statute
establishes new policies and, with the Abandoned
Shipwreck Act Guidelines, provides direction to the State,
Tribal, and Federal owners for comprehensive management that enhances
and protects the resources while fostering partnerships and recreational
access.
The 50 States, the District of Columbia, and the U.S. territories
own and manage abandoned shipwrecks and other submerged cultural
resources in their waters. Submerged
resources programs differ
widely among the States and no two programs are alike. Only a
few States have a shipwreck law per se. Most States rely on general
laws about antiquities, government property, submerged lands,
or other things as the authority for managing submerged cultural
resources.
Since the 1970s, discoveries of spectacular and historically significant
shipwrecks have captured the attention of the world. The slave ship
Henrietta Marie … the luxury liner RMS Titanic … the
pirate ship Whydah … the steamship Central America …
and ships of exploration, Spanish Galleons and sunken warships too
numerous to name. This is our collective heritage that should not
be subject to salvage. Fortunately, laws have been enacted to protect
entire classes of sunken vessels, and agreements have been negotiated
to protect specific sites and artifact collections. In addition,
Federal admiralty courts have increasingly considered the historical
importance of sites and the rights of sovereigns in making salvage
awards and determining ownership. International charters and conventions
also have been issued with scientific principles and standards on
the protection of underwater cultural heritage. These initiatives
and more in the making promise hope for preservation of our submerged
heritage.
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