Abandoned Shipwrecks Act
| 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 ยง 2101 |
| Legislative history | |
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The Abandoned Shipwrecks Act is a piece of United States legislation passed into law in 1988. The Act was a neutral law to transfer ownership of applicable shipwrecks in U.S. state waters from the federal government to the state where the shipwreck was located. The drafter of the legislation was Dr. Anne Giesecke. The legislation is brief, by design, and aims to resolve a jurisdictional conflict between the Federal Court sitting in Admiralty and state governments managing state land, particularly the excavation of state land.
The Abandoned Shipwreck Act has been touted for several positive evolutions in shipwreck management. This includes expanded historic shipwreck programs or the creation of such programs, the ASA has led to a change in the culture surrounding diving shipwrecks, and ASA has helped to educate the states and the public about the value of these resources.
Before the passage of the Abandoned Shipwreck Act, "only 27 states had laws specifically addressing their underwater resources. Now, all states have evaluated their legal systems as they apply to underwater resources and where necessary have modified their laws." Several states now have maritime archeologists that help the state perform documentation of shipwrecks, help determine their historical value, and provide divers with information and education on the states' efforts to preserve shipwrecks.