Abandoned Shipwrecks Act — Federal Title Transfer to States for Historic Wrecks

The Abandoned Shipwrecks Act of 1987 — codified at 43 U.S.C. §§ 2101–2106 — fundamentally changed the legal status of historic shipwrecks in American waters. Before the Act, a shipwreck found in state coastal waters was treated under traditional admiralty law: it could be "arrested" by a federal district court, salvaged under maritime lien doctrine, and potentially awarded to a finder who raised treasure. The Act overrode that framework for abandoned historic shipwrecks: the federal government asserts title to qualifying wrecks and simultaneously transfers that title to the states in whose submerged lands the wrecks lie. For the general framework governing state ownership of submerged lands, see Submerged Lands Act. For maritime law generally, see admiralty and maritime law. States then have authority to manage wrecks as underwater cultural resources — for conservation, recreation, and historical interpretation — rather than as salvage targets.

The Act resolves a collision between two bodies of law: admiralty law (which traditionally treated shipwrecks as salvageable property subject to finder-takes-all principles) and cultural resources law (which treats historic wrecks as irreplaceable archaeological sites deserving protection). By vesting title in states, the Act enables states to designate wrecks as recreational dive sites, exclude commercial salvage, and manage them as part of state historic preservation programs.

Current Law (2026)

Legal Authority

• 43 U.S.C. § 2101 — Findings: Congress finds that (1) States have the responsibility for management of a broad range of living and nonliving resources in State waters and submerged lands; (2) shipwrecks offer recreational and educational opportunities for sport divers and tourists; (3) shipwrecks lying on the public lands are the cultural heritage of all Americans; (4) Federal law, including the law of salvage and the law of finds, has not been effective in protecting shipwrecks lying on State submerged lands from loss and destruction; (5) there is a national interest in protecting natural resources on the public lands, including shipwrecks, as well as for archaeological, scientific, and educational purposes
• 43 U.S.C. § 2102 — Rights of access: the right of access for divers and others to shipwrecks covered by the Act is to be promoted as consistent with the goal of protecting such wrecks; states shall make a reasonable effort to make information available to sport divers about wreck locations
• 43 U.S.C. § 2103 — Ownership: (a) the United States asserts title to any abandoned shipwreck that is (1) embedded in submerged lands of a State; or (2) embedded in coralline formations protected by a State on submerged lands of a State; or (3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register; (b) the United States transfers title to any abandoned shipwreck asserted under subsection (a) to the state in whose submerged lands the shipwreck is located; (c) states in which title vests shall act in accordance with the guidelines established under section 2106 of this title
• 43 U.S.C. § 2104 — Law of salvage and the law of finds: the law of salvage and the law of finds shall not apply to abandoned shipwrecks covered by this chapter; this is the operative legal change — it eliminates the admiralty law framework that previously allowed salvors to claim title to historic wrecks
• 43 U.S.C. § 2105 — Rights and responsibilities of states: a state shall have the responsibility for management of the title to an abandoned shipwreck transferred to it under section 2103; a state shall make reasonable provision for the preservation, protection, and public interpretation and enjoyment of the abandoned shipwreck
• 43 U.S.C. § 2106 — Preparation of guidelines: the Secretary of the Interior, after consultation with appropriate agencies, shall within 18 months after enactment prepare and publish guidelines for (1) the administration of this chapter; (2) the coordination of shipwreck inventory, research, evaluation, and protection; (3) the promotion of public access to and recreation around shipwrecks; guidelines shall encourage the development of state programs

The Pre-Act Admiralty Law Problem

Traditional Admiralty Salvage

Before 1988, shipwrecks in state waters were governed by admiralty law — specifically the law of salvage and the law of finds. These doctrines developed for maritime commerce: a salvor who risked their vessel and crew to rescue a ship or its cargo from peril earned a salvage award; a finder who brought up goods with no prior owner could claim title.

Applied to historic wrecks, these doctrines produced perverse results from an archaeological preservation perspective:

Law of finds: If a shipwreck is abandoned (no owner claiming it) and a diver finds it, the diver can claim title to the wreck and its contents under the law of finds. In Martha's Vineyard Scuba Headquarters, Inc. v. Unidentified, Wrecked & Abandoned Steam Vessel (1988), a court applied the law of finds to award a wreck to its discoverer. Courts that handled these cases were admiralty courts, not state courts, and applied federal maritime law.

Commercial treasure hunting: The admiralty framework incentivized salvors to "arrest" wrecks in federal district court, obtain exclusive salvage rights, and excavate them using methods that destroyed the archaeological context. Mel Fisher's Atocha case (Treasure Salvors v. Unidentified, Wrecked and Abandoned Sailing Vessel, 1978 and later) illustrated how aggressive salvage operations could strip irreplaceable historical artifacts from sites before archaeologists could document them.

State powerlessness: Before the ASA, states had no clear legal authority to exclude salvors from historic wrecks in state waters. State trespass law didn't apply to the water column; admiralty preemption blocked state regulation of navigable waters; and states couldn't claim title to wrecks they didn't own.

The ASA Solution

The ASA solves the problem through a two-step mechanism:

1. Federal assertion of title: The federal government, under its paramount interest in submerged public lands, asserts title to qualifying abandoned historic wrecks
2. Immediate transfer to states: That title is immediately transferred to the state where the wreck lies

By vesting title in states, the Act makes historic wrecks state property — meaning state historic preservation law, state criminal law against theft and vandalism, and state management authority all apply. The admiralty law framework (which didn't recognize state title) is explicitly displaced by § 2104.

Which Wrecks Are Covered

The ASA covers abandoned shipwrecks that meet one of three criteria:

1. Embedded in state submerged lands: The wreck is physically embedded in the seabed (under sediment, partially or fully), not just resting on the bottom
2. Embedded in coralline formations in state waters (relevant for Florida and Hawaii)
3. On state submerged lands and listed or eligible for the National Register of Historic Places: A wreck resting on the bottom (not embedded) that is historically significant enough for National Register eligibility

"Abandoned" is a critical qualifier. A wreck is not covered if:

• A living owner actively claims it (the ship's insurance underwriter paid the loss and claims title; a foreign sovereign government asserts ownership of a warship)
• The vessel was recently lost and is not yet legally abandoned

Foreign warships: Government vessels sunk as acts of war retain the sovereign immunity of their nations of origin under the Sunken Military Craft Act (10 U.S.C. § 113 note) and international law. Spanish galleons (Spain asserts ownership), British warships from the Revolution, and WWII military aircraft have generated specific diplomatic and legal disputes.

OCS wrecks: The ASA explicitly applies only to state submerged lands (within the 3-mile/10.5-mile boundary). Wrecks in the OCS are managed under other federal authority — primarily through the National Marine Sanctuary Act (for sanctuaries), the National Historic Preservation Act Section 106 (for federal undertakings affecting historic properties), and agency discretion.

State Management Programs

The ASA contemplated active state management of historic wrecks. How states have responded varies:

Florida: Florida has one of the most active state shipwreck management programs. The Florida Department of State manages the Florida Underwater Archaeological Preserve Program, designating specific historic wrecks as publicly accessible dive sites. Florida has designated over a dozen official dive sites including the Urca de Lima (1715 fleet galleon), San Pedro (1733 Spanish fleet), and several 19th-century steamers.

North Carolina: The North Carolina Underwater Archaeology Branch manages significant Civil War-era wrecks (the CSS Neuse, the ironclad Monitor — which is actually in federal waters as a National Marine Sanctuary). North Carolina has documented hundreds of wrecks in its coastal waters.

Great Lakes states: Michigan has a robust underwater preserve program protecting dozens of historic wrecks in the Great Lakes, where cold fresh water preserves wooden ships for centuries. The Edmund Fitzgerald (Lake Superior, 1975) is a recent-ish loss; 19th-century schooners and steam vessels are the primary management focus.

California: California State Lands Commission has authority over wrecks in state waters; the state maintains documentation programs and has designated some wreck sites.

Dive Tourism and Access

Congress specifically intended the ASA to promote recreational dive tourism, not just archaeological preservation. The findings in § 2101 acknowledge that historic wrecks "offer recreational and educational opportunities for sport divers and tourists." The guidelines issued by the National Park Service in 1990 encourage states to:

• Make location information available to recreational divers
• Develop mooring buoy systems to protect reefs and wreck structures from anchor damage
• Create interpretive materials explaining the historical significance of specific wrecks
• Balance access with preservation (diver traffic can damage fragile wooden wrecks)

The result is that many ASA-managed wrecks have become significant recreational assets. Florida's dive tourism industry generates substantial economic activity centered on historic wreck dive sites. The USCGC Duane, USCGC Bibb, and Spiegel Grove — former Coast Guard vessels and a Navy landing ship dock — were sunk as artificial reefs in Florida Keys waters and have become world-class dive destinations.

Limitations and Criticisms

The Treasure Hunter Conflict

Commercial treasure hunters and salvage interests have consistently challenged the ASA:

• Some salvors argue that ASA-covered wrecks weren't truly "abandoned" and that their salvage rights predate the Act
• Courts have generally upheld the Act's constitutionality and its elimination of traditional salvage rights
• High-profile disputes: Odyssey Marine Exploration's discovery of the Mercedes (a Spanish colonial-era wreck) generated a decade of litigation; Spain successfully asserted sovereign immunity for the warship

Enforcement Gaps

States vary enormously in enforcement capacity. Identifying and prosecuting unauthorized disturbance of submerged wrecks requires:

• Knowledge of which wrecks are present and their locations
• Underwater enforcement resources (dive teams, boats)
• Forensic ability to prove that artifacts recovered by private parties came from protected wrecks
• Interstate coordination when salvors operate from out-of-state

Many states lack dedicated underwater archaeology enforcement resources.

The OCS Gap

Thousands of historically significant wrecks lie in OCS waters (beyond 3 miles), outside ASA coverage. These wrecks — including WWII-era vessels, 19th-century ships that sank in deep water, and Spanish Colonial-era vessels — have no direct equivalent legal protection. National Marine Sanctuary designation provides protection for some (the Monitor NMS covers the Civil War ironclad), and NHPA Section 106 consultation requirements apply to federal agency actions affecting OCS wrecks. But comprehensive OCS wreck protection remains a gap.

How It Affects You

If you are a recreational scuba diver: The ASA's legacy is that most historic shipwrecks in state waters are now protected state resources that you can visit but cannot take artifacts from. Removing artifacts from an ASA-protected wreck is typically a state crime (misdemeanor or felony depending on state, object, and circumstances). The "no take" rule protects the archaeological integrity that makes the site valuable to future divers — a wreck stripped of artifacts loses its historical context. Many states publish wreck location information and dive guides; Florida's Underwater Archaeological Preserves have mooring buoys to prevent anchor damage and interpretive plaques underwater. Contact your state's underwater archaeology office for specific rules on the wrecks you're diving.

If you work in maritime salvage or treasure hunting: The ASA fundamentally changed the legal landscape. Historic wrecks in state waters are state property; you cannot file an admiralty salvage action and obtain court-ordered exclusive salvage rights. If you discover a historically significant wreck, you should report it to the state historic preservation officer (SHPO) and the state agency managing submerged cultural resources. Permits for archaeological excavation — with strict artifact handling and reporting requirements — are available in most states, but commercial treasure-hunting permits are generally not available. For wrecks outside the ASA's scope (OCS waters, non-historic wrecks, recently lost vessels), traditional admiralty salvage law may still apply, though OCSLA and NHPA Section 106 create additional requirements.

If you work in state historic preservation or maritime archaeology: The NPS Guidelines (1990) remain the primary federal guidance for implementing the ASA. States are encouraged to develop comprehensive shipwreck inventories (including underwater archaeological surveys), integrate wreck data into state historic preservation plans, and coordinate with the National Register program. For wrecks eligible for National Register listing, the standard NHPA framework applies — including Section 106 consultation when federal actions (dredging, pipeline installation, offshore construction) might affect significant wrecks in state waters. Coordinate with SHPO, the Army Corps of Engineers (for navigation-related actions), and BOEM (for OCS actions affecting nearby state-water wrecks).

State Variations

State implementation of the ASA varies significantly:

• Florida has the most robust state program — the Underwater Archaeological Preserve system designates specific wrecks as public resources with active mooring, documentation, and interpretation programs
• Michigan manages extensive Great Lakes wrecks through the Michigan Underwater Preserve program, with 13 preserve areas covering some of the world's most pristine historic wrecks
• North Carolina maintains active underwater archaeology through the North Carolina Office of State Archaeology (underwater division), focusing on Civil War-era vessels
• Texas manages the La Belle (1686, La Salle expedition) and other Gulf Coast wrecks through the Texas Historical Commission; the La Belle was excavated in a cofferdam and is now exhibited at the Bullock Texas State History Museum
• California has documentation programs but less formal wreck designation; the cold Pacific waters and significant commercial shipping history create extensive archaeological resources

Recent Developments

• 2015 — Sunken Military Craft Act enforcement: The DoD's Sunken Military Craft Act (2004) has been increasingly applied alongside the ASA to protect WWII-era military vessels from unauthorized disturbance. The ASA and SMCA overlap for military wrecks in state waters (SMCA adds federal protection regardless of ASA status).
• 2019 — Odyssey Marine v. Spain resolution: The Mercedes case resolved, affirming that foreign sovereign warships retain immunity regardless of ASA provisions — a limitation on the ASA's scope for colonial-era European warships in U.S. coastal waters.
• 2022-2023 — Climate impacts on shallow wrecks: Rising sea temperatures, ocean acidification, and more frequent storms have accelerated degradation of shallow historic wrecks. This has prompted discussion about whether the ASA's framework is sufficient to protect sites facing accelerating natural deterioration — raising questions about in-situ preservation vs. recovery for museum display.
• 2024 — NOAA/NPS joint guidance update: Discussion of updating the 1990 NPS Guidelines to address OCS wrecks, autonomous underwater vehicle survey technology, and 3D photogrammetric documentation standards for wreck recording.
• Trump offshore energy EOs create new wreck-protection pressure: EO 14156 (January 2025) directing expedited offshore oil and gas leasing reviews raised questions about whether OCS lease areas overlap with known historic shipwreck sites; NOAA's Office of National Marine Sanctuaries and NPS are required to consult under Section 106 of the National Historic Preservation Act, but streamlined NEPA reviews could compress the time available for wreck identification surveys.
• DOGE NOAA and NPS staffing reductions: both agencies that administer Abandoned Shipwrecks Act programs faced workforce reductions in 2025; the NPS Submerged Resources Center — which provides technical assistance for wreck documentation and state management plan development — had staffing frozen, limiting support for states that lack internal underwater archaeology capacity.
• Autonomous underwater vehicles (AUVs) transformed wreck discovery rates: commercial-grade AUV survey technology now costs a fraction of traditional vessel-based survey methods; several 2024-2025 maritime heritage surveys using AUVs discovered dozens of previously unknown wrecks in the Gulf of Mexico and Great Lakes, potentially increasing the volume of sites requiring ASA management decisions by state historic preservation offices.