Shipwrecks: The past in the present

Abstract

Historic shipwrecks are a recently recognized group of historic resources. These shipwrecks attract sport divers, archeologists, and treasure hunters. States have always claimed the historic shipwrecks embedded in their submerged lands. States manage these resources as part of their historic preservation programs. However, since 1981, state authority has been challenged by the federal court sitting in admiralty. Cases have been decided in Florida, Massachusetts, Maryland, Texas, and Georgia; however, only one Florida case went against the states but the expensive litigation has been a drain on state treasuries.

Bills currently before the U.S. Congress will affirm state title and encourage states to put effort into state programs for historic shipwrecks. This article briefly describes the populations interested in shipwrecks, current case law, state law and state programs, and finally the federal legislative proposal.