Abandoned Shipwreck Act of 1987
PL 100-298 (S.858), enacted 04/28/1988

102 STAT. 432 
PUBLIC LAW 100-298—APR. 28, 1988 
Public Law 100-298 
100th Congress 
An Act 
A nt* 98 1 Q8ft 
' 
To establish the title of States in certain abandoned shipwrecks, and for other 
[S. 858] 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
Abandoned 
United States of America in Congress assembled, 
Shipwreck 
Act of 1987. 
SECTION 1. SHORT TITLE. 
iHflntiins 
_
_ 
affairs. 
This Act may be cited as the "Abandoned Shipwreck Act of 1987". 
43 use 2101 
note. 
SEC. 2. FINDINGS. 
43 use 2101. 
The Congress finds that— 
(a) States have the responsibiHty for management of a broad 
range of living and nonhving 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. 
43 use 2102. 
SEC. 3. DEFINITIONS. 
For purposes of this Act— 
(a) the term "embedded" means firmly affixed in the sub-
merged 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; 
(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-47011); 
(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 American 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 Is-
lands, as described in section 801 of Public Law 94-241 (48 
U.S.C. 1681). 
PUBLIC LAW 100-298—APR. 28, 1988 
102 STAT. 433 
SEC. 4. RIGHTS OF ACCESS. 
(a) ACCESS RIGHTS.—In order to— 
(1) clarify that State waters and shipwrecks offer recreational 
and educational opportunities to sport divers and other in-
terested 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 aban-
doned shipwrecks be permitted by the State 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 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 the shipwrecks and the sites. 
03) 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 provi-
sions 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, ar-
cheologists, 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 Sec-
retary of Commerce, the Advisory Council on Historic Preservation, 
sport divers, State Historic Preservation Officers, professional dive 
operators, salvors, archeologists, historic preservationists, and fish-
ermen). 
(c) Such guidelines shall be available to assist States and the 
appropriate Federal agencies in developing legislation and regula-
tions 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 of a State; or 
Cultural 
programs. 
Historic 
preservation. 
Environmental 
protection. 
42 u s e 2103. 
Grants. 
43 u s e 2104. 
National parks, 
monuments, etc. 
Federal 
Register, 
publication. 
43 u s e 2105. 
102 STAT. 434 
PUBLIC LAW 100-298—APR. 28, 1988 
Public 
information. 
Historic 
preservation. 
Gifts and 
property. 
Indians. 
43 u s e 2106. 
(3) on submerged lands of a State and is included in or 
determined 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 Sec-
retary 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 the 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 proceed-
ing brought prior to the date of enactment of this Act. 
Approved April 28, 1988. 
LEGISLATIVE HISTORY—S. 858: 
HOUSE REPORTS: No. 100-514, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 
2 (Comm. on Merchant Marine and Fisheries). 
SENATE REPORTS: No. 100-241 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): Dec. 19, considered and passed Senate. 
Vol. 134 (1988): Mar. 28, 29, Apr. 13, considered and passed House.