Navy Sunken Military Craft — Permit and Enforcement Rules

The Sunken Military Craft Act (SMCA), enacted as part of the Ronald W. Reagan National Defense Authorization Act for FY2005 (Pub. L. 108-375, Title XIV), establishes U.S. government sovereignty over sunken U.S. military vessels, aircraft, and associated artifacts wherever they lie — in U.S. territorial waters, the high seas, or foreign waters — regardless of how long they have rested on the seafloor. The Department of the Navy implements the SMCA through 32 CFR Part 767, which sets the permitting process for archaeological investigations and other activities directed at Navy sunken military craft, and the enforcement framework for violations.

Sunken military craft include iconic wrecks like USS Arizona at Pearl Harbor, USS Indianapolis in the Philippine Sea, and thousands of other vessels, submarines, and aircraft lost in combat or to accident since the founding of the U.S. Navy. The SMCA ends any ambiguity about whether these wrecks have passed into international salvage law or state ownership — they remain sovereign immune property of the United States, and any disturbance without a Navy permit is a federal violation.

Legal Authority

• Sunken Military Craft Act (SMCA), Pub. L. 108-375, §§ 1401–1408 (2004) — Codified at 10 U.S.C. § 113 note; establishes U.S. government sovereign immunity over all U.S. sunken military vessels, aircraft, and associated artifacts wherever located; prohibits unauthorized disturbance, removal, or damage; authorizes the Secretary of the Navy to issue permits and impose civil penalties up to $100,000 per violation
• 16 U.S.C. § 470 (National Historic Preservation Act) — Applies to sunken military craft that qualify as historic properties; requires consultation and consideration of effects on historic properties in federal undertakings; some wrecks are listed on the National Register of Historic Places
• 32 CFR Part 767 — Navy implementing regulation; establishes permit application requirements, review criteria, permit conditions, enforcement procedures, and the $100,000/violation civil penalty framework

Key Mechanics

Under the Sunken Military Craft Act, U.S. military wrecks do not pass into international salvage law, state jurisdiction, or finders-keepers salvage rights regardless of age, location, or depth — they remain sovereign immune property of the United States in perpetuity. The Naval History and Heritage Command (NHHC) administers the permit system for any activity that would disturb, excavate, remove, or damage a covered craft. Permit applications must describe the proposed activity, methodology, qualifications of investigators, and conservation plans for any recovered artifacts; NHHC evaluates applications for their potential to advance historical knowledge relative to disturbance risk. Non-disturbance remote sensing (side-scan sonar, photographic documentation from surface or submersible without contact) does not require a permit. Civil penalties up to $100,000 per violation apply to unpermitted disturbance; the Navy may also seek injunctive relief and recovery of the cost of damages to the craft. The Act applies to foreign wrecks lying in U.S. waters only when the foreign government agrees; it applies to U.S. wrecks in foreign waters only to the extent the host nation's law permits. Notable wrecks covered include USS Arizona (Pearl Harbor, National Memorial), USS Indianapolis (Philippine Sea, discovered 2017), and approximately 1,700 known U.S. military wrecks in U.S. territorial waters alone.

Current Rule (2026)

What This Rule Does

32 CFR Part 767 establishes a three-part framework: (1) defining what constitutes a Navy sunken military craft subject to the SMCA; (2) setting the permitting process for authorized investigations; and (3) prescribing the administrative penalty process for unauthorized disturbance.

Scope of coverage. A "sunken military craft" under Part 767 includes any U.S. Navy vessel, submarine, or military aircraft (and associated equipment and cargo) that sank or crashed and has not been formally abandoned by the United States. "Not formally abandoned" is the key phrase — the Navy's position is that sovereign vessels are never abandoned merely by sinking; formal abandonment requires an express Act of Congress or specific executive action. This means even a 200-year-old wreck is still Navy property unless explicitly transferred.

Permit requirement. Any person wishing to conduct activities that may disturb, remove, or injure a Navy sunken military craft must obtain a permit from the Naval History and Heritage Command before beginning. Permitted activities include: underwater archaeological excavation; artifact recovery; physical disturbance of the wreck site; and any commercial recovery or salvage operation (which the Navy generally will not permit). The permit process is designed for bona fide archaeological, historical, or educational purposes — commercial salvage for profit is not a permitted purpose under the SMCA.

Permit exemptions. Activities that do not disturb, remove, or injure the craft or associated artifacts are exempt — divers may swim over a wreck site, photographers may document the exterior, and researchers may conduct non-contact remote sensing (sonar, magnetometry, photogrammetry). The exemption covers observation and documentation, not extraction or physical alteration.

Key Provisions

• § 767.1 — Purpose: establishes the rule's triple purpose — managing Navy sunken military craft under the SMCA, creating permit procedures for authorized activities, and setting administrative penalty procedures for violations; also applies to "terrestrial military craft" (crashed aircraft and land vehicles under Navy jurisdiction on military installations)
• § 767.2 — Definitions: defines "sunken military craft" (any U.S. Navy vessel, submarine, or aircraft); "associated artifacts" (equipment, cargo, and human remains associated with the craft); "permit" (NHHC authorization); "disturbance" (any physical contact with or removal from the site)
• § 767.3 — Sovereign immunity: expressly states that U.S. sunken military craft retain sovereign immune status under international law; no state, foreign government, or private party may assert salvage, treasure salvage, or admiralty jurisdiction over them; U.S. sovereign immunity applies in foreign waters through customary international law and bilateral agreements
• § 767.4 — Permit application: applications are submitted to the NHHC Deputy Director; must include: (a) description of the craft or site; (b) purpose and methodology of proposed activities; (c) qualifications of project personnel; (d) proposed artifact curation plan (recovered artifacts remain U.S. government property); and (e) dive plan and safety procedures; NHHC may require an environmental assessment
• § 767.5 — Review criteria: NHHC evaluates permit applications based on: (a) qualifications of the investigator and team; (b) archaeological methodology and its adequacy to address the research questions; (c) plans for artifact conservation and curation; and (d) whether the proposed activities serve a legitimate archaeological, historical, or educational purpose; NHHC consults with the relevant regional naval history office and, for significant sites, with the DOD Legacy Resource Management Program
• § 767.10 — Permit amendments and extensions: permit holders must request amendments at least 30 days before any material change in scope; NHHC may approve non-substantive amendments on an expedited basis; permits may be extended before expiration; activities may not continue beyond a permit's expiration date without renewal
• § 767.20 — Violation triggers: Part 767 Subpart C establishes the enforcement framework; violations include: conducting activities without a permit; exceeding the scope of a permit; disturbing human remains without specific authorization; and unauthorized removal of artifacts
• § 767.21 — Civil penalties: the SMCA authorizes civil penalties up to $100,000 per violation; Part 767 implements this through an administrative hearing process; NHHC issues a notice of violation specifying the penalty amount; the respondent has 30 days to request a hearing before a DON hearing officer
• § 767.22 — Liability for damages: in addition to civil penalties, a violator is liable for the cost of any restoration or recovery required to remediate damage to the site; if artifacts were removed, the violator owes the government the appraised value of the artifacts plus restoration costs
• § 767.26 — Injunctive relief: NHHC may refer cases to the Department of Justice to seek injunctive relief in federal court halting ongoing unauthorized activities; injunctive authority allows the Navy to stop in-progress unauthorized salvage operations before the administrative penalty process concludes

How It Affects You

If you're a recreational diver: You may dive at Navy sunken military craft sites without a permit as long as you don't disturb, remove, or injure the wreck or any associated artifacts. Touching the wreck, removing artifacts (even small items like bolts or glass), and disturbing sediment around the site all require a permit. Many wreck diving sites in U.S. coastal waters include Navy vessels — check the NHHC website and dive shop operators before your dive. Some sites, particularly those containing human remains (like USS Grunion or other lost submarines), are treated as military war graves and access is subject to additional restrictions.

If you're an underwater archaeologist or researcher: Permits are available for legitimate archaeological projects — contact the Naval History and Heritage Command's Underwater Archaeology Branch early in your project planning, since permit review can take months. NHHC expects permitted archaeologists to follow established maritime archaeological standards (similar to those of the Society for Historical Archaeology) and to submit a final report documenting the investigation. Artifacts recovered under permit remain U.S. government property and must be curated in an approved facility.

If you're a maritime salvage operator: Commercial salvage of Navy sunken military craft is generally not permitted under the SMCA, regardless of the craft's age or location. Treasure salvage companies that have attempted to claim Navy wrecks as abandoned property have consistently lost in federal court. The SMCA and its predecessor common law sovereign immunity doctrine foreclose private ownership or salvage rights. If you locate a Navy wreck, notify NHHC.

If you're a foreign government or research institution: The SMCA applies even in international waters and potentially in foreign waters (under international agreements). Projects in foreign waters involving U.S. military wrecks may require coordination with the host nation government in addition to NHHC permits. NHHC works with the State Department on international coordination for significant sites.

Statutory Authority

• Sunken Military Craft Act (SMCA) (Pub. L. 108-375, Title XIV, §§ 1401–1408, codified at 10 U.S.C. § 113 note) — Establishes U.S. sovereignty over sunken military craft; authorizes permit system; establishes civil penalty and damages framework; creates $100,000 civil penalty ceiling
• 10 U.S.C. § 113 — Secretary of Defense general authority; provides the delegation chain under which the Secretary of the Navy administers the SMCA
• 16 U.S.C. § 470 (National Historic Preservation Act) — Many Navy sunken military craft qualify as historically significant sites under NHPA; Part 767 coordinates with NHPA Section 106 consultation requirements for sites on or eligible for the National Register of Historic Places

Recent Rulemakings

32 CFR Part 767 was promulgated to implement the SMCA and has not been significantly amended since its initial adoption. The underlying SMCA framework, however, has been interpreted through several significant federal court decisions:

• Federal courts have consistently rejected salvage claims against U.S. Navy wrecks in both domestic and international waters, affirming that U.S. sovereign immunity precludes admiralty salvage jurisdiction
• The "Sea Hunt" litigation (involving Spanish galleons carrying silver from colonial America) clarified the distinction between military sovereign immune vessels and commercial vessels, affecting how NHHC interprets the SMCA's scope in relation to non-U.S. wrecks in U.S. waters
• Growing interest in historically significant WWII Pacific wrecks (Midway, Leyte Gulf, Guadalcanal) has prompted NHHC to develop clearer guidance for international permit coordination with Japan, Australia, and other nations whose territorial waters contain U.S. Navy wrecks

Pending Action