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| The '''Abandoned Shipwrecks Act''' is a United States piece of legislation passed into law in 1988. | 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. | ||
| == 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. One example of this is ] and his highly publicized treasure hunting expeditions off the coast of ] for the Spanish ]s '']'' and the '']''.<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 on the ] and other areas of the coast that had been looted, and in some cases ruined, by treasure hunters in the 1970s. One example of this is ] and his highly publicized treasure hunting expeditions off the coast of ] for the Spanish ]s '']'' and the '']''.<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. | ||
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| == 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. 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"/> | ||
| 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 == | ||
Revision as of 17:22, 3 March 2015
 | This article contains weasel words: vague phrasing that often accompanies biased or unverifiable information. Such statements should be clarified or removed. (March 2009) |
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| Long title | An Act to establish the title of States in certain abandoned shipwrecks, and for other purposes. |
|---|---|
| Acronyms (colloquial) | ASA |
| Nicknames | Abandoned Shipwreck Act of 1987 |
| Enacted by | the 100th United States Congress |
| Effective | April 28, 1988 |
| Citations | |
| Public law | 100-298 |
| Statutes at Large | 102 Stat. 432 |
| Codification | |
| Titles amended | 43 U.S.C.: Public Lands |
| U.S.C. sections created | 43 U.S.C. ch. 39 § 2101 |
| Legislative history | |
| |
The Abandoned Shipwrecks Act is a United States piece of legislation passed into law in 1988 meant to protect historic shipwrecks from treasure hunters and salvagers by transferring the title of the wreck to the 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 on the Great Lakes and other areas of the coast that had been looted, and in some cases ruined, by treasure hunters in the 1970s. One example of this is Mel Fisher and his highly publicized treasure hunting expeditions off the coast of Florida for the Spanish galleons Nuestra Senora de Atocha and the Santa Margarita. On April 29, 1988, President Ronald Reagan signed the bill (Abandoned Shipwrecks Act of 1987, Pub. L. 100-298, 102 Stat. 432) into law.
The specifics
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 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" delineates "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 for 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. 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.
References
- The Abandoned Shipwrecks Act, Pub.L. 100-298; 43 U.S.C. 2101-2106