Related Resources:
Federal Laws & Regulations Relating
to U.S. Navy Submerged Aircraft and Shipwrecks
Department of the Navy ship and aircraft wrecks are
government property in the custody of the U.S. Navy. These seemingly abandoned
properties remain government owned until specific formal action is taken
to dispose of them.
Navy custody of its wrecks is based on the property clause of the U.S. Constitution,
international maritime law, and Articles 95 and 96 of the Law of the Sea
Convention. These laws establish that right, title, or ownership of federal
property is not lost to the government due to the passage of time. Only
by congressional action can government property be declared abandoned.
Through the sovereign immunity provisions of Admiralty law, the Department
of the Navy retains custody of all of its naval vessels and aircraft, whether
lost within U.S., foreign, or international boundaries. Past court cases
supporting this doctrine include litigation in Hatteras Inc. v. the USS
Hatteras (1984) and U.S. v. Richard Steinmetz (1992, also known
as the Alabama bell case"). The treatment of historic naval aircraft
throughout the world's oceans has also conformed to these laws.
As part of its custodial responsibilities under the National Historic Preservation
Act, the U.S. Navy is obligated to protect its historic properties, including
ship and aircraft wrecks. The above act tasks federal agencies to manage
their cultural resource properties in a way that emphasizes preservation
and minimizes the impact of undertakings that might adversely affect them.
It is important to note that the management of Navy cultural resources such
as ship and aircraft wrecks is not simply a matter of historic preservation.
The issues of war graves, unexploded ordnance, and potential military usage
of recovered weapons systems must also be addressed in wreck site management.
Questions and information concerning historic U.S. Navy aircraft and U.S.
Navy shipwrecks should be addressed to:
Naval Historical Center
Underwater Archaeology Branch
Washington Navy Yard
901 M Street SE
Washington DC 20374-5060
(202) 433-7229/7230
(202) 433-3593 (Fax)
Who owns U.S. Navy aircraft and shipwrecks?
The Department of the Navy retains custody of all its federal property unless
specific, formal action is taken to dispose of it. Aircraft and ships that
have been stricken from the active list are not considered formally disposed
of or abandoned.
What do I do if I want to dive on Navy aircraft or shipwrecks?
Divers may dive on Navy aircraft and shipwrecks at their own risk. However,
federal property law dictates that no portion of a government wreck may
be disturbed or removed. Unauthorized removal of any property from a U.S.
Navy wreck is illegal. Sections of the U.S. Code have been successfully
applied in prosecuting individuals who violate Navy wreck sites. Navy wrecks
may contain unexploded ordnance and other hazards and should be approached
with the utmost caution. Please note that diving on wreck sites located
in National Park or National Oceanic and Atmospheric Administration sanctuaries
requires a dive permit, available through those agencies.
The Navy strongly encourages cooperation with other agencies and individuals
interested in preserving our maritime and aviation heritage. The diving
public is encouraged to report the location of underwater ship and aircraft
wreck sites to the Naval Historical Center. Documentation of these wreck
locations allows the Navy to evaluate and preserve important sites for the
future.
What if I witness another diver removing parts from a Navy wreck?
If you witness the theft of material from a Navy wreck, report it to the
U.S. Coast Guard, the Naval Historical Center, and your State Historic Preservation
Officer or State Underwater Archeologist. Vandalism of public property is
both illegal and inconsiderate of other divers. If theft or destruction
is allowed to go unreported, underwater sites will soon be destroyed and
unavailable for future use.
What if I want to recover a Navy-owned wreck?
Recovery of historic ship or aircraft wrecks will only be considered for
educational or scientific reasons. It is unlikely the Department of the
Navy will recommend the disposal and sale of a historic aircraft or shipwreck.
It has been Navy policy not to dispose of wrecked ships and aircraft for
the following reasons:
-- Congress has mandated through the National Historic Preservation Act
that the Department of the Navy make every effort to preserve its historic
cultural resources.
-- The remains of the crew members, if any, deserve proper retrieval and
burial.
-- There is a possibility that live explosives or ordnance may still be
on board. Arbitrary disposal and sale of wrecks may foster commercial exploitation
of cultural resources.
-- Abandonment of wrecks could deplete a finite inventory of significant
cultural resources.
The Navy does consider and encourage requests for loan of historic aircraft.
Museums or other private parties interested in recovery of wrecked Navy
aircraft for display, educational purposes, or archeological investigation
should contact the Naval Historical Center for guidance at (202) 433-7229/7230.
Under no circumstances should salvage of naval aircraft or shipwrecks be
undertaken without prior and specific written approval by the Navy .
What about wreck sites that are debris fields rather than whole aircraft
or ships?
Wreck sites that are not entire aircraft or ships, but are parts strewn
in a debris field are considered archeological sites. Such sites still contain
Navy property and must be managed by the Navy in accordance with the National
Historic Preservation Act. This means that anyone wishing to recover parts
from such a debris field is required to contact the Navy for review of the
project.
Antiquities Act. (16 U.S.C. 433)
National Historic Preservation Act of 1966. (16 U.S.C. 470)
Archeological and Historic Preservation Act of 1974. (16 U.S.C. 469)
Archaeological Resources Protection Act of 1979. (16 U.S.C. 470aa)
Theft of Government Property. (18 U.S.C 641)
Abandoned Shipwreck Act of 1987. (43 U.S.C. 2101)
Documents, Historical Artifacts, and Condemned or Obsolete Combat Material:
Loan, Gift, or Exchange. (10 U.S.C. 2572)
Archaeological Resources Protection Act Final Uniform Regulations. (32 CFR
229)
Protection of Historic Properties. (36 CFR 800)
Secretary of the Interior's Standards for Historic Preservation Projects.
(36 CFR 68)
Abandoned Shipwreck Act Guidelines. (55 FR 50116)
National Register of Historic Places. (36 CFR 60)
Determinations of Eligibility for Inclusion in the National Register of
Historic Places. (36 CFR 63)
Recovery of Scientific, Prehistoric, Historic, and Archeological Data. (36
CFR 66)
Curation of Federally Owned and Administered Archeological Collections.
(36 CFR 79)
Questions and information concerning historic U.S. Navy aircraft and U.S.
Navy shipwrecks should be addressed to:
Naval Historical Center
Underwater Archaeology Branch
901 M Street SE
Washington Navy Yard
Washington DC 203745060
(202) 4337229/7230
(202) 4333593 (fax)
08 September 1996