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Technologies for Underwater Archaeology & Maritime Preservation Cf COASTAL ZONNE INFORMATION CENTER Background Paper 159.5 41 T43 CONGRESS OF THE UNITED STATES 1987 office of Techno"y Assessment Office of Technology Assessment Congressional Board of the 100th Congress MORRIS K. UDALL, Arizona, Chairman TED, STEVENS, Alaska, Vice Chairman Senate House ORRIN G. HATCH GEORGE E. BROWN, JR. Utah California CHARLES E. GRASSLEY JOHN D. DINGELL Iowa Michigan EDWARD M. KENNEDY CLARENCE E. MILLER Massachusetts Ohio ERNEST F. HOLLINGS DON SUNDQUIST South Carolina Tennessee CLAIBORNE PELL AMO HOUGHTON Rhode Island New York JOHN H. GIBBONS (Nonvoting) Advisory Council WILLIAM J. PERRY, Chairman CLAIRE T. DEDRICK RACHEL McCULLOCH H&Q Technology Partners California Land Commission Brandeis University DAVID S. POTTER, Vice Chairman S. DAVID FREEMAN CHASE N. PETERSON General Motors Corp. (Ret.) Lower Colorado River Authority University of Utah EARL BEISTILINE MICHEL T. HALBOUTY JOSEPH E. ROSS Consultant Michel T. Halbouty Energy Co. Congressional Research Service CHARLES A. BOWSHER CARL N. HODGES General Accounting Office University of Arizona Director JOHN H. GIBBONS The views expressed in this background paper are not necessarily those of the Board, OTA Advisory Council, or individual members thereof. Technologies for Underwater Archaeology & Maritime Preservation property of CSC Library U DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CEWER 2234 SOUTH HOBSON AVENIJE t"HARLESTON SC ?QJCJ"-@ 4@` Back round Paper 9 CONGRESS OF THE UNITED STATES Office of Technology Assessment Washinotm, DC 20510-8025 60 @46310 ZM For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, DC 20402 Recommended Citation: U.S. Congress, Office of Technology Assessment, Technologies for Underwater Archaeol- ogy and Maritime Preservation -Background Paper, OTA-BP-E-37 (Washington, DC: U.S. Government Printing Office, September 1987). Library of Congress Catalog Card Number 87-619848 For sale by the Superintendent of Documents U.S. Government Printing Office, Washington, DC 20402-9325 (order form on the last page of this background paper) Foreword Exploration, trading, and other maritime activity along this Nation's coast and through its inland waters have played crucial roles in the discovery, settlement, and develop- ment of the United States. The remnants of these activities include such varied cul- tural historic resources as Spanish, English, and American shipwrecks off the Atlantic and Pacific coasts; abandoned lighthouses; historic vessels like Maine-built coastal schooners, or Chesapeake Bay Skipjacks; and submerged prehistoric villages in the Gulf Coast. Together, this country's maritime activities make up a substantial compo- nent of U.S. history. This background paper describes and assesses the role of technology in underwater archaeology and historic maritime preservation. As several underwater projects have recently demonstrated, advanced technology, often developed for other uses, plays an increasingly important role in the discovery and recovery of historic shipwrecks and their contents. For example, the U.S. Government this summer employed a powerful remotely operated vehicle to map and explore the U.S.S. Monitor, which lies on the bottom off Cape Hatteras. This is the same vehicle used to recover parts of the space shuttle Challenger from the ocean bottom in 1986. The Commonwealth of Virginia is using a variety of advanced techniques to document and excavate one of General Cornwallis's ships, intentionally sunk off Yorktown during the Revolutionary War to prevent General Washington from capturing it. In international waters, the location and documentation of the British luxury liner Titanic was possible only by using a vari- ety of sophisticated positional devices and deep water submersibles. These efforts have captured the interest and imagination of the American public. This background paper also examines the legal framework that affects the salvage of historic shipwrecks and recovery of artifacts. Historic shipwrecks in U.S. coastal waters contain a wealth of important information about the economic and social history of this country. Yet they are suffering rapid attrition, in part because the United States lacks a coherent national policy to guide the identification and preservation of under- water and maritime cultural resources. For example, State laws governing historic ship- wrecks found in State coastal waters often conflict with Federal Admiralty law, which gives private salvors the right to salvage shipwrecks, regardless of their age or historic value. Attempts to place historic shipwrecks under the same protection as other historic cultural resources have led to the Historic Shipwreck Act of 1987, which is discussed and analyzed in this background paper. In undertaking this work, OTA sought the contributions of a wide spectrum of knowledgeable and interested experts within Federal and State Governments and the private sector. Some provided information and guidance, others reviewed drafts of this background paper. OTA gratefully acknowledges their contributions of time and intel- lectual effort. JOHN H. GIBBONS Director Workshop Participants: Technologies for Underwater Archaeology and Maritime Preservation, Feb.20,1986 Reynold Ruppe, Chairman Underwater Archaeologist, Department of Anthropology Arizona State University, Tempe, AZ J. Barto Arnold III Craig T. Mullen Underwater Archaeologist President Texas Antiquities Committee Eastport International, Inc. Austin, TX Upper Marlboro, MD Calvin R. Cummings Carol Olsen Senior Archaeologist Underwater Archaeologist Denver Service Center Maritime Preservation Department National Park Service National Trust for Historic Preservation Denver, CO Washington, DC Anne G. Geisecke J.K. Orzech Consultant Oceanographer Underwater Archaeology and Maritime Preser- Marine Biology Resources Division vation Scripps Institute of Oceanography Arlington, VA La Jolla, CA Daniel J. Lenihan Sheli 0. Smith Chief Underwater Archaeologist Submerged Cultural Resources Unit Mariners Museum National Park Service Newport News, VA Santa Fe, NM Charles H. Mazel Nightsea Research Charlestown, MA NOTE: OTA appreciates and is grateful for the valuable assistance and thoughtful critiques provided by the workshop participants. The workshop participants do not, however, necessarily approve, disapprove, or endorse this report. OTA assumes full responsibility for the report and the accuracy of its contents. iv Technologies for Underwater Archaeology and Maritime Preservation OTA Project Staff Lionel S. Johns, Assistant Director, OTA Energy, Materials, and International Security Division Peter D. Blair, Energy and Materials Program Manager Ray A. Williamson, Project Director Mary Lee Jefferson, Contractor Jannelle Warren-Findley, Contractor Administrative Staff Lillian Chapman Linda Long Acknowledgments The following individuals contributed to this study in a variety of ways. OTA is grateful for their assistance: Richard K. Anderson John R. Kern National Park Service Department of State Richard Anusciewicz Division of Historical and Cultural Affairs Minerals Management Service Dover, DE Michele C. Aubry Thomas F. King National Park Service Advisory Council on Historic Preservation Larry Banks John J. Knoerl U.S. Army Corps of Engineers National Park Service Johan T. Benson Garry Kozak American Institute of Aeronautics and Astronautics Klein Associates, Inc. Washington, DC Salem, NH John D. Broadwater Emory Kristoff Virginia Division of Historic Landmarks National Geographic Society Research Center for Archaeology Washington, DC Yorktown, VA Edward M. Miller Toni Carrell National Oceanic and Atmospheric Administration National Park Service Nancy Miller James Delgado National Conference of State Historic Preservation National Park Service Officers Ralph E. Eshelman Washington, DC Calvert Maritime Museum Charles Moorhead Solomons, MD U.S. Army Corps of Engineers Rob Floyd Marcia Myers John E. Chance & Associates, Inc. National Trust for Historic Preservation Lafayette, LA Loretta Neumann John Fowler Foresight Science & Technology, Inc. Advisory Council on Historic Preservation Washington, DC Donald Frey Mike Roberts Institute of Nautical Archaeology Timelines, Inc. Texas A&M University Groton, MA College Station, TX Beth Savage Ed Friedman National Park Service Minerals Management Service Carol Shull James Hand National Park Service U.S. Army Corps of Engineers Eugene Sterudt. Lynn Hickerson National Endowment for the Humanities National Trust for Historic Preservation Melanie J. Stright Helen Hooper Minerals Management Service National Trust for Historic Preservation Douglas R. Weimer Stanley Hordes Congressional Research Service HMS Associates Library of Congress Santa Fe, NM Bill Westermeyer Paul Johnston Office of Technology Assessment Peabody Museum Salem, MA Vi Contents Page Introduction ....................................................................... 1 Principal Findings ................................................................... 3 Major Issues ....................................................................... 8 Federal Programs ................................................................. 10 State Programs ................................................................... 17 Private Programs .................................................................. 19 International Efforts ................................................................ 20 Interest Groups ................................................................... 23 Litigation Over Ownership of Historic Shipwrecks ...................................... 26 The Abandoned Shipwreck Act of 1987 ............................................... 29 Technology Sharing ............................................................... 32 Communicating With Universities and Oceanographic Institutions ......................... 33 Technology, Underwater Archaeology, and Maritime Preservation ........................... 36 Technology Transfer ............ 36 Technologies for Survey, Identification, Navigation, Excavation, Documentation, Restoration, and Conservation ..................................................... 38 Identification and Survey ........................................................... 38 Navigation ....................................................................... 40 Excavation and Documentation ...................................................... 42 Conservation ..................................................................... 43 Federal Policy Toward Underwater Archaeology and Maritime Preservation ................... 46 National Park Service .............................................................. 46 The National Historic Preservation Act ................................................. 46 The Abandoned Shipwreck Act ...................................................... 47 The National Maritime Initiative ..................................................... 47 Center for Preservation Technology .................................................. 49 Incentives for the Restoration and Rehabilitation of Floating and Dry-Berthed Vessels ......... 49 National Survey of Maritime Historic Resources ........................................ 49 Bibliography ....................................................................... 51 Boxes Box Page A. Title 1, Section 106, Historic Preservation Act ......................................... 10 B. The National Park Service ......................................................... 11 C. The U.S.S. Monitor Project .... ........................................ 14 D. Regional Baseline Studies Completed for the Minerals Management Service ................ 18 E. The National Trust for Historic Preservation ........................................... 19 F. The Seven Marine Jurisdictions ..................................................... 22 G. State Historic Shipwreck Legislation ................................................. 27 H. Applications of Technology on the Yorktown Shipwreck Archaeological Project ............. 43 1. Lines Lifting and Lines Drawings .................................................... 48 Tables Table No. Page 1. Some Research Technologies Discussed in This Background Paper ....................... 8 2. Prehistoric and Historic Preservation Laws and Executive Orders ......................... 9 3. Federal Agencies With Major Roles in Underwater Archaeology and Maritime Preservation ... 10 4. Submerged Resource Areas Surveyed by the National Park Service ....................... 11 5. National Marine Sanctuaries ....................................................... 13 6. Threats to Underwater Archaeological and Maritime Resources .......................... 30 7. Representative Historic Shipwrecks Exploited for Treasure .............................. 31 8. U.S. Oceanographic Institutions .................................................... 33 9. Maritime Historic Resource Categories .............................................. 47 10. Institutions and Agencies Participating in National Maritime Initiative Activities ............. 49 11. Artifacts Representative of Maritime Historical Collections .............................. 50 vii INTRODUCTION In 1986, at the request of the House Interior ... the preservation of this irreplaceable heritage Committee and its Subcommittee on Public Lands is in the public interest so that its vital legacy of the Office of Technology Assessment (OTA)l cultural, educational, aesthetic, inspirational, eco- completed a report on Technologies for Pre- nomic, and energy benefits will be maintained historic and Historic Preservation .2 The report as- and enriched for future generations of sesses the use of technologieS3 for locating, Americans.' analyzing, and protecting elements of the Na- Underwater archaeological and maritime re- tion's prehistoric and historic heritage, and re- sources constitute a significant part of that cul- views the legislative basis for historic preserva- tural diversity, comprising structures, objects, and tion in the United States. sites. Because submerged and maritime resources Underwater archaeology refers to the study of are among the most neglected of U.S. cultural the remains of prehistoric and historic human resources, and the United States lacks an effec- activities fou nd underwater. These remains gen- tive national policy for protecting them, the erally include the following: House Interior Committee and Public Lands Sub- Shipwrecks, both scattered and intact, in committee asked that OTA develop this back- deep or shallow water, within coralline for- ground paper, extending the report's analysis of mations, and on or near shore, when, for ex- technologies for underwater archaeology and ample, they are found within landfills or iso- maritime preservation.4 Information contained in lated as hulks by uplift, lowered water levels, this background paper derives primarily from a or changes in river channels. Shipwrecks and workshop convened by OTA, February 20, 1986, their cargoes .reveal life at the moment of in which participants met to discuss issues con- each sinking, and can provide otherwise un- cerning the preservation of underwater archaeo- available information on marine technology, logical and maritime historical resources. OTA shipbuilding, navigation, and warfare. Many also obtained additional material from staff re- ships served as homes at sea. Study of his- search, personal interviews with underwater ar- toric shipwrecks can therefore provide val- chaeologists and preservation professionals, and uable insights into trade, shipboard life, and from an informal meeting on underwater archae- the interaction between the Old and New ology and maritime preservation held at OTA, Worlds in the exploration and settlement of November 3, 1986. this country. The National Historic Preservation Act (16 0 Lost objects, such as the contents of early U.S.C. 470 et seq.) acknowledges the diversity traders' canoes lost in rivers and lakes. They of America's cultural heritage. The Congress of often provide useful information on trade the United States has declared, through this leg- routes, life in the period of exploration, and islation that: early settlement patterns. 9 Submerged prehistoric sites, including those IOTA conducted its assessment in part by convening a series of of relatively recent periods that have sub- workshops that addressed issues surrounding the uses of technol- ogies for dry-land archaeology, underwater archaeology, prehistoric sided near shore or been flooded by reser- and historic structures, and prehistoric and historic landscapes. A voirs 'and those on the Outer Continental fifth workshop focused on problems relating to the physical pro- Shelf that have been inundated by rising sea tection of all classes of cultural resources. 2U.S. Congress, Office of Technology Assessment, Technologies levels. The latter, whose existence is only for Prehistoric and Historic Preservation, OTA-E-319 (Washington, now being demonstrated, are especially im- DC: U.S. Government Printing Office, Sept. 1986). portant because they illustrate human adap- 'Theterm, preservation technologies, refers broadlyto anyequip- ment, methods, and techniques that can be applied to the discov- tations to coastal environments during the ery; analysis; interpretation; restoration; conservation; protection; earliest phases of North American prehistory. and management of prehistoric and historic sites, structures, and landscapes. 41-etter of Oct. 8, 1986, signed by Representatives Morris K. Udall 5National Historic Preservation Act, Sec, I (b) (Purpose of the Act), and John F. Seiberling. para. 4. 2 Submerged remains encompass sites that Publicity surrounding the recovery of artifacts functioned as work areas, dwellings, or de- from several well-known historic shipwrecks, as bris deposits. They vary widely and may con- well as the development of technologies for lo- sist of such remains as farms, warehouses, cating and preserving, historic shipwrecks, have piers, m'iddens, wells, villages, towns, even focused greater attention on underwater cultural cities. resources. This background paper attempts to ar- Maritime preservation encompasses under- ticulate the most important policy issues related water archaeology but extends to a wide variety to the preservation of underwater archaeology of maritime-related historic cultural resources and maritime cultural resources. Some of the in- such as ships and other vessels still afloat or dry- formation in this background paper appeared in berthed; shore installations such as lighthouses, Technologies for Prehistoric and Historic Preser- shipyards, drydocks, and coastal defense systems; vation in different form and organization. We re- settlements dependent on shipping, canals, locks fer the reader to it for an overview of the issues and levees; documents, works of art, and archives common to all disciplines within the preserva- pertinent to maritime activities; and, finally, to tion field. intangible cultural resources such as skills in boat- building and navigation. PRINCIPAL FINDINGS if significant underwater and maritime historic flagship Mary Rose as successful models for U.S. cultural resources are to receive more effective efforts. The successes of these restorations have protection, the United States will have to de- depended on long-term commitment by the gov- velop a coherent national policy for managing ernments of Sweden and the United Kingdom, them. whose goals are to engender public interest, and The current lack of a coherent national policy to obtain reliable funding for proper research and for underwater archaeology and maritime preser- interpretive facilities, and access to technical ex- vation has impeded the location and protection pertise. of many historically significant cultural resources. Underwater and maritime cultural resources In spite of the many cultural conservation laws are vulnerable to a wide variety of natural and enacted since 1906, particularly the National manmade threats. Historic Preservation Act, and their supporting Looters and commercial treasure salvors con- regulations, standards, and guidelines, under- stitute the most serious manmade threats to ship- water archaeology and maritime preservation have received relatively little attention within the wrecks. In the process of searching out and ex- Federal Government. No single Federal depart- tracting commercially promising contents they ment or agency has been specifically charged may destroy significant archaeological informa- with funding, coordinating, and directing a tion. However, natural threats, such as shoreline strong, visible national program for underwater erosion and wave action, may also significantly archaeology and maritime preservation. Nor has deplete irreplaceable underwater and maritime the Federal Government asserted sovereign cultural resources. Weathering, neglect, and lack prerogative over historic shipwrecks in its waters. of maintenance rapidly deteriorate floating ves- sels. Rainwater left standing in ships' holds rap- The Federal Government and States have be- idly destroys interior planking and steel and iron gun to allocate more resources for protecting un- fittings. derwater and maritime cultural resources. For example, in 1987 the National Park Service pub- The preservation of submerged and maritime lished the first criteria for evaluating and nominat- historical cultural resources depends heavily on ing historic ships and shipwrecks to the National advanced and often costly specialized tech- Register of Historic Places, and in fiscal year 1986 nologies. Congress appropriated $255,000 for Phase I of Working underwater is hazardous and difficult. the National Maritime Initiative, which is funding: Such locational technologies as side-scan sonar, 9 an exhaustive literature search of the Na- sub-bottom profilers, magnetometers, and re- tion's maritime resources; motely operated vehicles were originally devel- e the drafting of standards for documentation oped to explore the sea bottom for national secu- of vessels; and rity purposes, laying undersea cables, and for oil * the drafting of guidelines for nominating mar- and mineral exploration. Because some of these itime resources to the National Register of specialized technologies are so expensive, only Historic Places. the best financed users can acquire and apply Several other industrialized nations have fo- them. cused significant resources on underwater ar- Technologies for scientificially analyzing and chaeology and maritime preservation. Their com- stabilizing the ever increasing numbers of objects mitment to the protection of underwater and recovered from underwater require highly skilled maritime cultural resources appears more deter- conservators knowledgeable about a variety of mined than U.S. efforts. For example, preserva- different materials, such as brass, different spe- tion professionals in the United States view the cies of wood, and iron. These specialists are in recovery and restoration of the 17th century seriously short supply. Likewise, there are not Swedish warship Wasa and the English Tudor enough properly trained restorers of the many 3 4 historically significant floating and dry-berthed H.R. 74 and S. 858, which are nearly identi- ships and other vessels in severe need of protec- cal, would treat shipwrecks more like historic tive treatment. Future research on conservation properties on land. Among other things, these of cultural resources should focus on training; de- bills: veloping more sensitive, low-cost methods and instrumentation; and on the exploitation of new assert U.S. ownership of abandoned ship- sources of archaeological and technological in- wrecks and transfers to the States title to formation. those shipwrecks that are embedded in the submerged lands of a State, in coralline for- Historic shipwrecks in U.S. coastal waters mations, or included in or determined eligi- contain a wealth of important information ble for inclusion in the National Register of about the economic and social history of this Historic Places; country, yet historic shipwreck sites are suffer- declare that the laws of salvage and of finds ing rapid attrition. Passage and implementation do not apply to these abandoned ship- of the Abandoned Shipwreck Act (H. R. 74 and wrecks; S. 859) would assist in preserv .ing significant * confirm Federal ownership of abandoned historic shipwrecks for future generations by shipwrecks on Federal lands; removing historic shipwrecks from the purview 0 retain any existing Federal admiralty and sal- of Federal admiralty courts and placing them vage law for all shipwrecks not covered by expressly under Federal historic preservation these bills; and law. * direct the Advisory Council on Historic Pres- The lack of Federal leadership in resolving the ervation to develop guidelines to assist the question of jurisdiction over and ownership of States and the Federal Government in carry- significant historic shipwrecks has severely ham- ing out their responsibilities and to allow for pered most efforts to protect them for the public non-injurious recreational exploration and and has resulted in lengthy court conflicts be- private sector salvage of shipwreck sites. tween commercial treasure salvors and preser- Passage of either bil I would not restrict the right vationists. Although submerged archaeological of sport divers to visit and explore such wrecks, sites under Federal administration are subject to nor would it affect admiralty claims for the owner- the same laws, regulations, and management pol- ship of wrecks beyond the three-mile off-shore icies that govern sites on dry land, the status of State-controlled limit. some submerged cultural sites, especially ship- wrecks, situated outside national parks and ma- A federally funded facility that focuses on the rine sanctuaries, is adversely affected by a highly research and development of preservation tech- complicated body of law dealing with maritime nology could make a major contribution to the activities. Yet, other countries such as Australia, study and preservation of underwater and mar- Canada, Cyprus, Norway, Sweden, and the United itime cultural resources. Kingdom have enacted national laws regulating the management of all cultural resources within Although the private sector has a significant role the waters of their outer continental shelves. in developing and using preservation technol- . ogies, the Federal Government has the lead In the absence of Federal legislation to safe- responsibility for guiding preservation efforts guard historic shipwrecks, 27 States have passed throughout the United States. Participants in the antiquities statutes to broaden their jurisdiction OTA assessment, Technologies for Prehistoric and and exert regulatory control over significant Historic Preservation, cited the critical need for wrecks within their territorial waters. Yet legal ac- a federally supported facility for preservation tions taken in Federal court by commercial treas- technologies. A center would fostert 'he research ure salvors have called into question the validity and development of advanced, cost-effective of State laws in controlling the recovery of ma- technologies, train professionals in their use, de- terials at historically significant sites, and have de- velop technical standards, disseminate accurate nied the States authority to enforce their statutes. technical information, and promote public edu- 5 cation about historic preservation. A center could chaeological and maritime resources in their in- also develop automated database systems for ar- ventories. For example, the first serious Federal chiving and manipulating preservation infor- effort to undertake a computer-based resource mation. -1 survey did not begin until 1986, with the National A federally supported center for preservation Maritime Initiative, which is directed at survey- technology would encourage closer interactions ing historic maritime resources and recommend- among underwater archaeologists, maritime pres- ing standards and priorities for their preservation. ervationists, dry-land archaeologists, historians The first phase of the Initiative has thus far sur- veyed only one maritime resource category out scientists, and engineers. it would be the primary of eight identified -p reserved historic vessels over source to which individuals could look for state- 40 feet long and over 50 years old. of-the-art technical information for all relevant disciplines in the field. The National Register of Historic Places serves In order to assist the Federal agencies in car- as an important planning and protective tool for rying out their legislatively mandated responsi- historic cultural resources. National Register bilities, Congress may wish to establish such a fed- Bulletin #20, "Nominating Historic Vessels and erally chartered center. It could mandate the Shipwrecks to the National Register of Historic establishment of a Federal Center for Preserva- Places," which is designed to increase National tion Technology within the Department of the In- Register. listings of these resources,.will assist in terior or some other Federal agency. Alterna- efforts to protect them as well. tively, Congress could create a National Center Several States have inventoried their under- for Preservation Technology, managed by a con- water and maritime cultural resources. Maryland, sortium of universities and preservation organi- for example, has begun a survey of its maritime zations. Such an institution would be able to draw resources. Its Patuxent River Project, which was on a multitude of different skills in several univer- begun in 1978, includes a systematic survey of sities, and in many university departments. If a the river, including shipwrecks, wharfs, ferry land- Center for Preservation Technology were estab- ings, and inundated shore areas. in addition, the lished, technologies for underwater archaeology State's Chesapeake Bay Waterways Survey, com- and maritime preservation could constitute a sig- pleted in 1982, resulted in the listing of the Skip- nificant portion of its workload. jack Fleet in the National Register of Historic A Coalition for Applied Preservation Technol- Places, as a district.6 ogy (CAPT) has recently been formed whose Future inventories of underwater archaeolog- membership represent a wide variety of private ical and maritime resources should be placed on preservation organizations. CAPT is devoted to standardized computer databases. The Shipwreck establishing a multidisciplinary National Center Reference File of the Texas State Antiquities Com- for Applied Preservation Technology. mission, which is now being computerized, could The lack of National and State inventories of serve as a possible model. The file is based on underwater archaieoliogicall sites and maritime information culled from both historic and con- temporary sources such as maps and field reports. historical resources has seriously impeded ef- Since 1972, the Commission has listed over 1,000 fort's to protect these resources. If the Federal shipwrecks of which approximately one-half have Government and the States wish to protect un- proved historic. derwater archaeological sites and maritime cul- tural resources, they should apply gl@eater efforts Increased identification, interpretation, and to making such inventories. protection of significant underwater and maritime Although thousands of historic ships and cultural resources will depend on greater public smaller vessels, and prehistoric sites are suspected 6Skipjacks are Chesapeake Bay-built shallow draft sloops, designed to exist in State and Federal waters, both levels to dredge oysters. The Skipjack fleet is the last rernaini,ng working of government have neglected underwater ar- sailing fleet in the United States. 6 1"K P"O !V Photo credit: Ray A. Williamson Skipjack fleet off Sandy Point Light, Chesapeake Bay, MID appreciation of their historical value and the scar- sult in a higher degree of protection. Specifically, city of their numbers. Federal, State, and local it will be important to educate sport divers, fisher- education programs should be expanded to reach man, salvors, the oil and gas industry, and other a wider audience. users of underwater resources, as well as Federal The public is often unaware of the crucial differ- and State agencies and local communities about ences between treasure hunting, which focuses the historic value of such sites. on historic objects of high intrinsic cultural or eco- In order to improve the preservation of un- nomic value, and archaeology, which focuses on derwater archaeological and maritime cultural the scientific understanding of the entire archaeo- resources, the National Park Service and other logical site within the context of its surroundings. Federal agencies could focus more consistent at- In their attempts to recover artifacts quickly, treas- tention on them. ure hunters both deliberately and inadvertantly destroy much of the contextual information es- The National Park Service could take the lead sential for advancing scientific knowledge of pre- in developing and articulating a clear national historic and historic sites. Improved education of policy to guide the preservation of maritime and the general public, and those whose activities underwater cultural resources and coordinate might adversely affect significant sites, could re- Federal programs for preserving these elements 7 of the country's history. It could also include may be appropriate for Congress to extend such more in its publications series on the technologies tax incentives and make them available for pri- for underwater archaeology and maritime pres- vately owned, income-producing floating and ervation. dry-berthed historic vessels. Congress might also The National Maritime Initiative involves Fed- consider providing incentives for encouraging sal- eral and private groupS,7 and is helping to focus vors to follow established archaeological proce- attention on the Nation's historic maritime re- dures for excavating shipwrecks. sources. Congress might consider an additional As manager of the National Marine Sanctuaries, initiative to inventory and protect other sub- the National Oceanic Atmospheric Administra- merged non-maritime sites. The greatest need i@ tion (NOAA) has taken the lead in the efforts to for sustained and predictable funding for such ini- map and preserve the U.S.S. Monitor, the historic tiatives. In addition, it will be particularly impor- Union ironclad, which lies off Cape Hatteras. tant for the Federal agencies to achieve more ef- However, it has little in-house underwater ar- fective coordination in their efforts to develop chaeological expertise. If NOAA expects to ex- technologies for underwater archaeology and pand its involvement in underwater archaeology, maritime preservation. An information clearing- as it acquires new ocean areas for sanctuary des- house would be of substantial assistance in this ignation, it could develop its own in-house cul- area. Congressional oversight may be necessary tural resource expertise. to assure that information sharing and coordina- tion are truly effective. The Federal Government could assist State and Since 1976, tax incentives have promoted the local efforts by providing additional funding for protection of historic income-producing struc- projects in underwater archaeology and maritime tures in virtually every congressional district. It preservation. If properly funded, universities and 7For example, the National Trust for Historic Preservation, which other private groups could provide considerable has attempted to promote the concept of a national maritime pol- technological assistance to Federal, State, and icy since 1976. local projects. MAJOR, ISSUES Federal admiralty law and contradictory deci- Table 1.-Sorne Research Technologies Discussed in sions from Federal courts concerning the dispo- This Background Paper sition of historic shipwrecks and their contents * side-scan sonar: locates -shipwrecks and sites on the bot- have created uncertainty within State govern- tom surface by detecting the echoes of high-frequency ments over the extent to which they can regu- acoustic pulses transmitted from an instrument towed be- hind ship; late salvage within their waters for public bene- * sub-bottom profiler: locates shipwrecks and sites below fit. This confusion has denied historic shipwrecks the bottom by detecting the return signals of lower fre- and their contents the long-standing legal protec- quency acoustic pulses from instrument towed behind ship; tion enjoyed by all other culturally significant re- - magnetometer: registers changes in the local magnetic sources and has left them vulnerable to the often field as detector passes over iron-bearing cultural materi- destructive actions of those interested in the re- al. It can be used from a ship or an airplane; * remotely operated vehicles (ROVs): a variety of submersi- covery of commercially profitable objects, rather ble vehicles that can carry photographic or video cameras than the scientific study of archaeological sites. to image submerged objects. ROVs can also retrieve sam- ples from the bottom. Aggravating the risk to historic shipwrecks and - photography. black and white, color, and infrared at a wide their contents is the increasing availability of new variety of scales; and and powerful technologies that will hasten their - video: color and black and white. location and possible damage and loss. For ex- SOURCE: Office of Technology Assessment, 1987. ample, state-of-the-art remote sensing instruments are now powerful enough to locate most of the itime preservation processes. The following issues shipwrecks in U.S. waters. Deep diving remotely apply generally to most or all technologies for un- operated vehicles (ROVs) and robots can visit derwater archaeological and maritime historical sites previously unreachable. sites. They are not necessarily in priority order: Of all cultural resources, submerged archaeo- issue A: The lack of a coherent national pol- logical and many maritime historical resources icy for underwater archaeology and maritime are among the most heavily dependent for their preservation has impeded the location and preservation on complex and often costly tech- protection of important cultural resources. nologies (table 1). Some technologies enable This lack is felt at both the Federal and State underwater archaeologists to confront often haz- levels, and is Ultimately reflected in local com- ardous working conditions as well as a host of munities. Compared with efforts by Federal and practical problems that affect breathing, visibil- State agencies to preserve other elements of the ity, movement, communication, and length of re- Nation's cultural heritage, the preservation of search time at sites. These include tides, currents, both maritime and submerged archaeological re- cold, depth, turbidity, hostile marine animals, sources has been extremely limited. No single plants, and severe concretion or deep burial of Federal department or agency has been specifi- objects by sediments. Other technologies enable cally charged with funding, coordinating, and the constant, highly specialized maintenance es- directing a strong, visible national program for sential to all items recovered unde 'rwater, and to underwater archaeological and maritime preser- many maritime resources, such as floating and vation. In addition, the Federal Government has dry-berthed vessels. never even asserted sovereign prerogative over Currently, there exists only a small core of historic shipwrecks in its waters. In spite of the professionals experienced in the wide array of body of cultural conservation laws enacted since methods used to survey, record, excavate, re- the Antiquities Act of 1906 (table 2), particularly cover, analyze, inventory, conserve, and inter- the watershed National Historic Preservation Act, pret cultural materials. Participants in the OTA and its Section 106 (box A) 8 submerged cultural study identified a range of concerns related to 8Aswell as the many supporting regulations, standards, and guide- the use of existing or potential technical appli- lines, and management and protection mechanisms, including the cations in the underwater archeological and mar- National Register of Historic Piaces. 8 9 Table 2.-Prehistoric and Historic Preservation Laws and Executive Orders Laws: Legislation under consideration in the 99th Congress: � The Antiquities Act of 1906, Public Law 59-209 (6 U.S.C. e R.M.S. TITANIC Memorial Act of 1985 (H.R. 3272) 431-433) * The Abandoned Shipwreck Act of 1985 (H.R. 3558 and S. � The National Park Service Organic Act (An Act of Aug. 25, 2569) 1916), (39 Stat. 535, 16 U.S.C. 1) 9 The Olmsted Heritage Landscapes Act of 1985 (H.R. 37) � The Historic Sites Act of 1935, Public Law 74-292 (16 U.S.C. Regulations:' 461-467) * 43 CFR 3 (Antiquities Act) � The National Historic Preservation Trust Act of 1949, Public * 43 CFR 7 (Archeological Resources Protection Act of 1979) Law 81-408 (63 Stat. 927, 16 U.S.C. 468 et seq.) * 36 CFR 60 (National Historic Preservation Act of 1966 � The Submerged Lands Act of 1953, Public Law 83-31 (67 (NHPA) and EO 11593) Stat 29, 43 U.S.C. 1301 et seq.) * 36 CFR 61 (NHPA and EO 11593) � Outer Continental Shelf Lands Act, Public Law 83-212 (67 * 36 CFR 63 (NHPA and EO 11593) Stat. 462, 43 U.S.C. 1331 et seq.) - 36 CFR 65 (Historic Sites Act of 1935) � The Management of Museum Properties Act of 1955, Pub- 9 36 CFR 66 (Archaeolgical'and Historic Preservation Act of lic Law 84-69 (16 U.S.C. 18f) 1974) � The Reservoir Salvage Act of 1960, Public Law 86-523 (16 & 36 CFR 68 (NHPA) U.S.C. 469-469c) * 36 CFR 800 (NHPA and EO 11593) � The Department of Transportation Act of 1966, Public Law * 40 CFR 1500 (NEPA) "Regulations for Implementing the 89-670 (80 Stat. 931) Procedural Provisions of the National Environmental Policy � The National Historic Preservation Act of 1966, Public Law Act." 89-665 (16 U.S.C. 470) Standards and Guidelines for Historic Preservation: � The National Environmental Policy Act of 1969, Public Law "The Secretary of the Interior's Standards for Rehabilita- 90-190 (16 U.S.C. 470) tion and Guidelines for Rehabilitating Historic Buildings," � Executive Order 11593, "Protection and Enhancement of National Park Service (revised 1983), booklet. the Cultural Environment," May 13, 1971. (36 F.R. 8921) "The Secretary of the Interior's Standards and Guidelines � Alaska Native Claims Settlement Act, Public Law 92-203 for Archeology and Historic Preservation," Federal Register (85 Stat. 688, 43 U.S.C. 1601-1624) 48, No. 190, Thursday, Sept. 29, 1983. � The Archaeological and Historical Preservation Act of 1974, "Final Uniform Regulations, Archaeological Resources Pro- Public Law 93-291 (88 Stat. 174, 16 U.S.C. 469 et seq.) tection Act of 1979," Federal Register 49, No. 4, Friday, Jan. � American Folklife Preservation Act of 1976, Public Law 6, 1984. 94-201 (20 U.S.C. 2101-2107) "Draft Guidelines for Historic and Archeological Resource � The American Indian Religious Freedom Act of 1978, Public Management: Federal Agency Responsibilities Under Sec- Law 95-341 (92 Stat. 46a, 42 U.S.C. 1996) tion 110 of the National Historic Preservation Act," National � Central Idaho Wilderness Act of 1980, Public Law 96-312 Park Service, Feb. 5, 1986. (94 Stat. 948, 16 U.S.C. 1274) Advisory Council on Historic Preservation, Executive Direc- � National Historic Preservation Act Amendments of 1980, tor's "Procedures for Review of Proposals for Treatment of Public Law 96-515 (94 Stat. 2987, 16 U.S.C. 470 et seq.) Archaeological Properties: Supplementary Guidance," 45 � The Archaeological Resources Protection Act of 1979, Pub- Federal Register 78808. lic Law 96-95 (16 U.S.C. 470aa et seq.) Advisory Council on Historic Preservation "Protection of � Convention on Cultural Property Implementation Act, Pub- Historic Properties," 36 CFR Part 800, Federal Register 51, lic Law 97-446 (96 Stat. 2350-2363, 19 U.S.C. 2601-2613) No. 169, Sept. 2, 1986, aRegulations ar a promulgated, adopted, and then compiled in the Code of Federal Regulations (CFR), in order to implement provisions of general laws. The name of the act it implements follows each citation. SOURCE: U.S. Department of the Interior and OTA. resources and many historic maritime resources 2. the National Maritime Initiative (see the sec- have, at best, received uneven attention by Fed- tion, Federal Policy Toward Underwater Ar- eral agencies. chaeology and Maritime Preservation), mo- Two recent developments, however, promise nies for which were allocated by Congress to encourage more aggressive protective Federal National Register Program, only 44 vessels were lis .ted." James P. action: Delgado, "The National Register of Historic Places and Maritime Preservation," The APT Bulletin 9, No. 1, 1987, p. 35. 1. publication of the first criteria for evaluating 10james P. Delgado and a National Park Service Maritime Task and nominating historic ships and ship- Force, National Register Bulletin #20, "Nominating Historic Ves- sels and Shipwrecks to the National Register of Historic Places" wrecks to the National Register of Historic (Washington, DC: U.S. Department of the Interior, National Park Places,9 10 and Service, Interagency Resources Division, 1987) This publication aids preservation professionals and other interested citizens in identify- "'The National Register has been underutilized for maritime re- ing, evaluating, and nominating historic vessels and shipwrecks to sources, particularly historic vessels. By 1976, the tenth year of the the National Register of Historic Places. 10 Table 3.-Federal Agencies With Major Roles in - *1 Underwater Archaeology and Maritime Preservation T! V T , Advisory Council on Historic Preservation Bureau of Reclamation (Department of Interior) 'Elk Environmental Protection Agency 1M. W, U., Fish and Wildlife Service (Department of Interior) Otte erally, 5, General Services Administration ZM, ANAK - P01 1 1,J h@j@@R A , @ A I @;A- - Minerals Management Service (Department of Interior) & fl'y X U - National Endowment for the Humanities of National Oceanic and Atmospheric Administration (Department of Commerce) At k i id National Park Service (Department of Interior) I&OR, "PTYP I National Science Foundation TAR Smithsonian Institution g U MrT I I 11 _,% U.S. Army Corps of Engineers (Department of Defense) U11 AeugVea U.S. Coast Guard (Department of Defense) U.S. Forest Service (Department of Agriculture) Sri Vf At kk` -A 'Ad U.S. Navy (Department of Defense) 4 U.S. Soil Conservation Service (Department of Agriculture) SOURCE: Office of Technology Assessment, 1987. ment's activity has produced work of excellent in fiscal year 1986 to the Department of the quality and has involved diverse groups from the Interior for Phase One. public and private sectors. Federally supported efforts include the following: Federal Programs The National Park Service Every Federal agency is required by law to pre- N PS has long assu med the pri mary role i n pro- serve prehistoric and historic properties on lands viding technical assistance on all aspects of (including submerged lands) within its jurisdic- historic preservation throughout the national park tion and to consider their treatment in general system, to other Federal agencies, to State agen- program planning. Each agency plays a different cies, local preservation organizations, and the part in the process of cultural resource manage- general public. Through its Submerged Cultural ment and the development of relevant technol- Resources Unit (SCRU)" in Santa Fe, New Mex- ogies (table 3). The National Park Service (NPS), ico, the Service is actively involved in underwater for example (box 13), is specifically charged with archaeological field work in many areas under protecting cultural resources within the National NPS jurisdiction. SCRU began in 1976 as a spe- Park System and with providing general techni- cial team charged with designing site manage- cal preservation assistance. The U.S. Army Corps ment strategies based on the impacts of waters of Engineers, by contrast, has jurisdiction over the on archaeological materials in selected reservoirs Nation's coasts and navigable waterways, regu- throughout the country.12 SCRU has now become lating both public and private projects such as a fixture within NPS and the national leader in dam building or dredging, and is obliged to bal- underwater park interpretation, park manage- ance preservation needs against other program requirements. In the absence of a coherent national policy I ISCRU is a component of the Southwest Cultural Resources Cen- for safeguarding submerged archaeological sites ter, Southwest Regional Office. 12D.J. Lenihan, T.L. Carrell, S. Fosberg, et al., The Final Report and maritime resources, the agencies, which pos- of the National Reservoir Inundation Study, U.S. Department of sess varying degrees of expertise, and generally the interior, National Park Service, Southwest Cultural Resources inadequate funding, have continued to locate, Center, 1981. This report is the product of a 5-year cooperative effort involving NPS as lead agency, the U.S. Army Corps of Engi- analyze, and manage them. Although carried out neers, the U.S. Bureau of Reclamation, and the U.S. Soil Conser- in a fragmented fashion some of the govern- vation Service. -Submerged Resource Areas Surveyed Table 4. RRill h i i I N A t ih1, P ' ' ' I "@ by the National Park Service ox Ar @ etylicetr, _dge n aflo oft j! Wrangell-St. Elias National Park, Alaska [email protected] n [,Park-S@r ii" gthe Glen Canyon National Receration Area, Arizona pqo y Montezuma Well, Arizona i,ng a' MAX-411; an. A; m?t -- e@ gp y, J60 Buffalo National River, Arkansas Al Arkansas Post National Memorial, Arkansas _yationi&I te i'001call I I dra Uresdurc t, -Ii@�11TWI Channel Islands National Park, California Golden Gate National Recreation Area, California tW H, Point Reyes National Seashore, California 'N@a! ffifflibiVa- ic a -y id %f Biscayne National Monument, Florida mthop" t A000-sibU 64 ih - Xo Everglades National Park (Ft. Jefferson National A S, Monument), Florida e 0- tco,,@,,@Sa*t-p'a"n--@,,"--4'-',,th@-@i@,@@V@i-@--@,-@'l@--I 114 all, Gulf Islands National Seashore, Florida gp eenne iI @% Pu'uhonua o honaunau National Historical Park, Hawaii A-@ h yenjoyspeciappow o- U.S.S. Arizona Memorial, Hawaii V A ith" Y 4 1 - -II, _'. , -i 4-50'051,0, Ocu 'ress1affiumep FAI, 0 --m Indiana Dunes National Lakeshore, Indiana tip'. jK aarl, 0141 721II26tig Assateague Island National Seashore, Maryland V Agil I i sh-ed Y@,e iA Cape Cod National Seashore, Massachusetts Isle Royale National Park, Michigan )rntn&terrrt6h0k4hd` Ozark National Scenic Riverway, Mississippi r -,molv ilneht,.iby-a0vAC- At Lake Mead National Recreation Area, Nevada Nation 1I !Aiff Chickasaw National Recreation Area, Oklahoma -ngr -s dc 'o e nP Amistad National Recreation Area, Texas Lake Meredith National Recreation Area, Texas Nati st Hin dddifibfi-td"@ A'@ 44 Padre Island National Seashore, Texas a, p-,n#a,i L r es Ul Apostle Islands National Lakeshore, Wisconsin -pro mg Ifit, Grand Teton National Park, Wyoming W Virgin Islands National Park, Virgin Islands f4iler, sub A _I- I-, d .9-7- War In The Pacific National Historical Park, Guam gv, ti II 975"INIPS jard, - " ' -*A@io',6 'b, Buck Island Reef National Monument, Virgin Islands _j , , - 0, ,0,'r f f#o, Y ct @44 tain F v @ , @R sti id,411-1@ drat'a end1Lh'9_-,% 'd SOURCE: National Park Service, Submerged Cultural Resources Unit. I R isierio 111, 6, na Bff- "-@`S' b b 4 lings,41 iq %H4AI5S)pf` jii- D r th V 'toi MCI Ar 0_3 j Hawaii, where the remains of the U.S.S. Arizona and U.S h i ftbi i4t @ite@.!N K S. Utah lie as a result of the 1941 Japa- ,r 0;ja nese aircraft attack that drew the United States into World War 11; Alaska; and off Kosrae in the jh't dN4fj'6b r e-sefe-4 5, 71 )"Jecul"toa @s r U.S. Trust Territory of the Pacific. SCRU has also M W h' successfully secured the participation of volun- teer sport divers and local historians at Isle Ro- yale; Channel Islands National Marine Sanctuary off the coast of California; Apostle islands in Lake Superior, Wisconsin; and Point Reyes-Farallon Is- ment, and diver training. It provides the only lands National Marine Sanctuary, California. The professional team within the Federal Government Unit has also worked with local news media, the devoted to underwater archaeological activities. National Geographic Society, and the British SCRU has studied shipwreck and other under- Broadcasting Corp. to interpret shipwreck archae- water archaeological sites within 23 of the 45 sub- ology and "the conservation-oriented, nonde- merged resource areas (table 4) managed by NPS structive technique that is their distinctive trade- mark.11113 SCRU is often consulted by other a@eas 6 0 a throughout the United States and its territories. Federal agencies, State offices, and private ar- SCRU has located shipwrecks, and recorded, chaeologists for guidance and is currently advis- measured, and documented them in such dis- similar underwater environments as: Lake Su- 13james P. Delgado, National Park Service, personal communi- perior, Michigan, where the Isle Royale National cation, February 1987. See also Peter G. Howorth, "California Ship- Park contains numerous wrecks; Pearl Harbor, wrecks: Finders, Weepers," Waterfront, February 1986. 12 drawing engine of Glenlyon, sunk &t Isle Royale, MI, in 1924. '4@ 41'5' - "z t 1@0 'WOO Photo credit: National Park Service, Submerged Cultural Resources Unit Illustration of engine done underwater by Submerged Cultural Resources Unit illustrator. 13 ing the National Oceanic and Atmospheric Ad- Table 5.-National Marine Sanctuaries ministration on its U.S.S. Monitor preservation * U.S.S Monitor National Marine Sanctuary, designated 1975 project. -a one-square-nautical-mile area surrounding the wreck of the historIC Civil War ironclad of the Union, sunk off The NPS has recently created a position of Mar- Cape Hatteras in 1862 itime Historian and institutionalized its efforts for * Key Largo National Marine Sanctuary, designated 1975-a the National Maritime Initiative in its Maritime 100-square-nautical- mile area off the Florida keys which includes part of the largest of North America's coral reef Initiative Office. NPS also maintains a National systems Maritime Museum in the Golden Gate National 9 Channel Islands National Marine Sanctuary, designated Recreational Area in San Francisco. 1980-a 1,252-square-nautical-mile area off the coast of Southern California, which contains shipwrecks and Together with the University of New Mexico supports one of the world's largest and most diverse marine mammal populations as well as one of the most NPS supports a Spanish Colonial Research Cen - extensive of the State's few remaining kelp beds ter, which is devoted to studying the historical * Looe Key National Marine Sanctuary, designated 1981 -a records and material culture of the Spanish 5.3-square-nautical-mile reef area located off the lower Florida Keys Colonial period. One objective of the center is * Gray's Reef National Marine Sanctuary, designated to develop a computerized database from Span- 1981-a 17-square-nautical-mile area 17.5 nautical miles ish Colonial and other archival sources. Among off Florida where the warm Gulf stream meets the cooler waters of the coast over a limestone outcropping which other things, the Center is active in studying and supports sponges, corals, tropical reef fish, and interpreting the maritime records of Spain. invertebrates * Point Reyes-Farallon islands national Marine Sanctuary, designated 1981 -a 948 square-nautical-mile site nothw6st NOAA's U.S. National Marine of San Francisco, California, representative of near and Sanctuary Program offshore northeastersn Pacific habitats and notable forits unique concentration of seabirds This program, within the Office of Ocean and * Fagatele gay national Marine Sanctuary, designated 1686- Coastal Resource Management, oversees the a 163-acre bay off Tutuila Island, American Samoa, com- prising deep-water coral terraces characteristic of high management of seven sites (table 5) within U.S. volcanic islands in the tropical Pacific waters. These are fragile ecosystems designated SOURCE: National Oceanic and Atmospheric Administration. nationally significant pursuant to Title III of the Marine Protection, Research, and Sanctuaries Act of 1972, 16 U.S.C. 1431 et seq. (amended in Merrimac) in the famous duel of the ironclads off 1984).14 Hampton Roads, Virginia. NOAA's cultural conservation efforts so far af- The U.S.S. Monitor's designation directs NOAA fect only one site among the seven-the U.S.S * to extend protection to a cultural resource lo- Monitor National Marine Sanctuary (box Q. Des- cated beyond the limits of the country's territorial ignated for its historic significance in 1975, the sea to the Outer Contintental Shelf and to exam- sanctuary encloses a circular area 1 nautical mile ine interactions between natural and cultural ele- in diameter surrounding the wreck of the historic ments. 15 The agency is managing the site through Civil War ironclad. The vessel, resting upside its U.S.S. Monitor Project. The project is a multi- down in the "Graveyard of the Atlantic" off Cape year effort by NOAA to develop and begin im- Hatteras, North Carolina, represented a revolu- plementing a master plan, the first phase of which tionary technical advance over the typical broad- calls for an assessment of preservation options side warships of that era and changed the char- ranging from research, survey, recording, docu- acter of naval warfare. Sunk during a storm in mentation, and removal of contents from the site, 1862, she had, during the same year, battled the to total recovery. These options reflect the full Confederate ironclad CS.S. Virginia (formerly the spectrum of cultural resource management "This legislation and its attendant regulations: 1) enhance re- issuesl6and include not only in situ archaeolog- source protection through comprehensive and coordinated man- "Nancy Foster, "National Marine Sanctuaries-saving Offshore agement; 2) support scientific research on discrete marine resources Ecosystems," Sea Technology, November 1986, pp. 22-28. for improved long-term planning; and 3) promote public aware- 16See Draft "U.S.S. Monitor National National Marine Sanctu- ness, appreciation, and judicious uses of these resources through ary Research Management Plan," National Oceanic and Atmos- educational and recreational initiatives. pheric Administration, 1987. 14 Box C.-The U.&S. Monitor Pirojecit W Teams from NOAA, the U.S. Navy, as we@',` as n the archaeologists from NPS and scholars fror Smiths'o nian, Institution recently took part inan' 4 M, ZZ expe dition -to theVS.S. Monitor to -determtne@ over a, 10-day period, the rates at which ee- ments of the si@iiqare corroding and breaking apart. The Navy contribute4their oce an-going tug Apache, whichlow@red the Navy' IL 1 -ton ROV Deep, Drone to the site., The Deep, Drmw 94, vided ima;es of the Monitor.to video screeri@,- i aboard the Apache, 4,nd-@tobed the armor Z i ng of the vessel With a, device that measures the weak cuerentsof electricitypassing betweenthe: @'5 metal and water immediately'sLiri6utiding it.' These currents indicate the rate at metal N"7 is rusting, The Deep Drone is'ouifittedwith sev-,,I Photo credit., Eastport Intemational, Inc. eral attachments, among thern, instrumen ts d`&,,'@, signed for various kinds of measuremem as well Artist's rendering of the remotely operated vehicle, Sc. Deep Drone, above the wreck of the Civil War Union -ts.1 ier- as martipu lation and recovery of, ol> *c 4- ship, U.S.S. Monitor, lying 230 feet deep off tists can, by learning which parts of the, the coast of Cape Hatteras, NC. tot are deteriorated to the point,of c6ftapse@@,! establish certain preservation priorities.Assisted guidance on its U.S.S. Monitor Pro ect. NOAA by Deep, Drone,,a bank of corripw ers 4,nsta seeks to avoid m i stakes m ade d u ri ng the sa Ivage on the Apache, and acoustical devic6sosituated, of the U.S.S. Cairo, a Civil War Union ironclad, on, the oceanfloor near xthe wreck,4@, xeseaircherso also produced a@ detailed map of,tbe'site- which sank to the bottom of the Yazoo River in Mississippi after striking a Confederate mine in ingdebers that spilledoutaroutid thei', 4;,dtrr;,@,- 1862. The vessel and all contents lay essentially ing sinking. Two visits to the Monitorinvolved, intact beneath the river's mud and silts. What of a 1,270 pound anchor in 1981 started in 1955 as a well-meant grass-roots ven- ture among local enthusiasts, historians, Civil War buffs, and businessmen to raise and display the SOURC9. i4stiorW Oc@-ar* Atraospheric craft caused its near-destruction and the loss of 0 Wl- U , @i, a significant portion of its wood and metal com- ical study, but also conservation, interpretation, ponents as well as its cargo. The operation, and display requirements in the event of exca- flawed by inexpert underwater survey, lack of vation.17 The project is making the U.S.S. Moni- sufficient research, and inadequate analysis of tor the centerpiece of a permanent public inter- technical needs, resulted in the breaking apart pretation and education drive and has selected of the ship during lifting and virtual abandonment a principal museum to curate and display artifacts of salvaged parts in open air storage. Only with and information about the Monitor. the intercession in 1977 of the National Park Serv- NOAA has examined foreign efforts in under- ice was proper rescue, conservation, and display water archaeology and maritime preservation for achieved.18 171n the event raising appears infeasible, NOAA is considering NOAA, unlike land-managing agencies, has not two alternatives for display purposes: 1) a reconstruction of the ship established its own team of archaeologists or cul- within which materials and conserved artifacts would be incorpo- tural resource specialists but has relied during the rated; and 2) replicas, one of which would be presented in an aquarium-like setting, the other as a full-scale replica. These alter- 18H. Thomas McGrath, Jr., "The Preservation of the U.S.S. Cairo," natives were developed by the Harper's Ferry Center of the Na- Underwater Archaeology. The Proceedings of the Eleventh Con- tional Park Service and described in its report to NOAA, "An Assess- ference on Underwater Archaeology, Calvin R. Cummings (ed.), ment of the Interpretive Potential of the U.S.S. Monitor." Special Publication #4 San Marino, CA: Fathom Eight, 1982. 15 past decade on other Federal and State agencies, In support of these activities, the Corps removes universities, private corporations, organizations, nearly 300 million cubic yards of material per year and individuals for interdisciplinary technical ex- from beneath the sands and sediments of sub- pertise. For example, through interagency agree- merged lands, which makes dredging one of the ment, NPS staffs and manages the Channel Is- Corps'greatest threats to archaeological remains. lands and Point Reyes-Farallon Islands National One of the most frequently dredged areas is the Marine Sanctuaries. NPS's Senior Archaeologist, lower Mississippi River between Baton Rouge, a SCRU archaeologist, the Acting Maritime His- Louisiana and the Gulf of Mexico. Every year, the torian, and staff from the NPS Harper's Ferry Cen- Corps dredges over 18 million cubic yards of ma- ter are assisting NOAA in developing general terial from this waterway because of virtually con- management policies for submerged cultural re- stant deposition of sediments.19 The Corps also sources (including the U.S.S. Monitor) and man- confronts the problem of disposal of dredging aging any archaeological materials extracted from products, studying their environmental effects, the Monitor. Likewise, the U.S. Navy Supervisor and seeking ways to put them to beneficial use. of Salvage and Diving is providing NOAA with Many activities regulated by the Corps require planning and operational assistance as well as authorization through three kinds of permits- some of the latest undersea technologies. Also, individual, nationwide, and general .20 The Corps the former Director of Restoration for the Statue has left the issuance of permits for activities affect- of Liberty/Ellis Island Foundation has established ing historic shipwrecks to the discretion of indi- the National Foundation for Maritime Conserva- vidual District Engineers (thirty-six within eleven tion to aid the U.S.S. Monitor Project. Divisions). The U.S. Army Corps of Engineers Two cases demonstrate that this policy has led The Army Corps of Engineers, which was orga- to inconsistent levels of review and differences nized by George Washington in 1776, has be- from District to District as to the suitability of per- come a major command. In addition to provid- mits to projects. In the instance of the Whydah, i ng su pport to the fighti ng Army, it is responsi ble a pirate ship whose remains are being excavated for the planning, design, construction, and main- off the coast of Cape Cod in Massachusetts, the tenance of such facilities as military hospitals, bar- New England District Engineer issued an individ- racks, commissaries, and family housing. Through ual permit to private salvors and entered into a its Civil Works Program, the Corps is also respon- Memorandum of Agreement with the Massachu- sible for regulating construction, expansion, and setts State Historic Preservation Officer (SHPO) alteration along the nation's coastlines and and the Advisory Council on Historic Preserva- navigable inland waterways. It employs a num- tion (ACHP) in fulfillment of requirements under ber of archaeologists who review the many proj- Section 106 of the National Historic Preservation ects carried out or regulated by the Corps to as- sure compliance with historic preservation laws 9Navigation: The Role of the Corps, U.S. Army Corps of Engi- neers, October, 1983. See also U.S. Army Corps of Engineers Per- and regulations. mit Program: A Guide for Applicants, November, 1977, Fifteen Steps to a Civil Works Project, January, 1986, Channel Improvement and The Corps mounts some of the Federal Gov- Stabilization on the Mississippi River, U.S. Army Corps of Engineers, ernment's most expensive and technically com- October 1979, and U.S. Army Corps ofEngineers and the Environ- plex projects to aid flood control and navigation. ment, Department of the Army, Office of the Chief of Engineers, Washington, D.C. Many of these projects are potentially destruc- 20The U.S. Army Corps of Engineers issues permits under the au- tive to shipwrecks and other submerged archaeo- thority of Sec. 10 of the River and Harbors Act of 1899, Sec. 404 logical sites. They include harbor facility devel- of the Clean Water Act (Public Law 92-500), and Section 103 of the Marine Protection, Research, and Sanctuaries Act (Public Law opment, reservoir, dam, bridge, levee, dike, 92-532). These laws, as stated in "Application for a Department seawall, tunnel, island, canal, lock, and hydro- of the Army Permit," require permits authorizing structures and electric plant construction, filling, ocean clump- work in or affecting navigable waters of the United States, the dis- charge of dredged fill material into waters of the United States, and ing, channel improvement, and shoreline stabili- the transportation of dredged material for the purpose of dumping zation. it into ocean waters." 16 Act.21 The Memorandum of Agreement, negoti- Minerals Management Service (MMS) ated as a stipulation of the individual permit, is MMS is an agency of the U.S. Department of designed to ensure that excavation proceeds ac- the interior formed in 1982 and given responsi- cording to accepted archaeological standards. bility for regulating oil, gas, and mineral exploi- By contrast, the Philadelphia District Engineer tation on the Outer Continental Shelf. Prior to authorized recovery at the site of the 18th cen- 1982 such regulatory authority was vested in the tury Dutch-built vessel DeBraak, located off the U.S. Geological Survey and the Bureau of Land coast of Lewes, Delaware under a nationwide Management. These two agencies had, since permit for marine salvage. The Corps did not en- 1974, administered a program for cultural re- ter into a Memorandum of Agreement in obser- sources on the Outer Continental Shelf (OCS) (43 vance of Section 106, nor did it seek comment U.S.C. 1331, ff). by the ACHP. It deferred oversight of the salvage The Outer Continental Shelf Lands Act Amend- to the State which apparently had inadequate ments of 1978 prohibit "the disturbance of any means to assure that properly controlled exca- site, structure, or object of historical or archaeo- vation at the site prevailed. As the hull was raised, logical significance by oil and gas exploration."24 it suffered severe damage and a loss of contents However, this Section applies only to areas con- and interior features as a result of being inade- taining mineral-related activities, not to the en- quately su pported.22 According to an analysis by tire OCS. The Federal Government is obliged to the National Trust for Historic Preservation (NTHP), locate and evaluate the significance of cultural the Corps' Nationwide Permitting Program fails resources before issuing permits for any actions to allow for Army compliance with Section 106 including oil or gas leasing and development on and is ineffectual for the purposes of historic pres- the OCS. According to a November 24, 1980 rul- ervatioh. It now offers the District Engineer the ing of the Interior Department Solicitor, however, option of either requesting ACHP comment or the Federal Government can legally transfer these modifying, suspending, or revoking the permit responsibilities to oil and gas lessees should the altogether. Some effort to correct deficiencies in discovery of sites within a given tract appear Corps permitting of actions affecting historic ship- likely.25 wrecks has begun and involves discussions be- tween NTHP and ACHP with the Corps at the The OCS program requires lessees to under- headquarters level. Locally, the New Orleans Dis- take archaeological surveys (generally 9 square trict is considering a Programmatic Agreement for miles in area) of all blocks leased, to apply re- submerged resources as part of a larger proposed mote sensing technology (sub-bottom profilers, "Nautical Cultural Resource Management Plan."23 side-scan sonar, and proton magnetometers), and to avoid any areas that resu Iti ng data i nd icate may contain wrecks or other sites. During the first 5 years of the OCS cultural resources program, be- fore it established positions for professional ar- 21 "The head of any Federal agency having direct of indirect juris- chaeologiStS,26 many surveys were inadequate diction over a proposed Federal or federally assisted undertaking and hastily executed, but routinely accepted. In in any State and the head of any Federal department or independ- the late 1970s and early 1980s lessees objected ent agency having authority to license any undertaking shall, prior to these requirements as excessive and burden- to the approval of the expenditure of any Federal funds on the un- dertaking or prior to the issuance of any license, as the case may some, Asserting that none of their surveys had re- be, take into account the effect of the undertaking on any district, vealed a site of great archaeological significance. site, building, structure, or object that is included in or eligible for The agency has attempted to address the com- inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation panies' concerns by developing, testing, and established under Title 11 of this Act a reasonable opportunity to comment with regard to such undertaking." 24Sec. 206 (g)(3). 22john M. Fowler, Advisory Council on Historic Preservation, per- 2'Melanie J. Stright, Federal Cultural Resources Management on sonal tommunication, July, 1987. the OCS, Problems and Potential, U.S. Department of the Interior, 23Advisory Council on Historic Preservation, Memorandum of Bureau of Land Management, November 1981. June 12, 1987. 261bid., p.2. 17 refining a predictive model based on a pilot study that would allow them to recognize, from among of the northern Gulf of Mexico Continental Shelf, the countless ferrous objects buried beneath the funded by N PS.27 MMS established predictive world's waterways, those which constitute ship- models of all areas where significant leasing is wrecks or their contents. By isolating such sites, underway or expected. These models cover both archaeologists could devise strategies to protect shipwrecks and other submerged prehistoric sites. certain submerged cultural sites from destructive activities, particularly where avoidance and The number of prehistoric archaeological sites iiground truthing," or testing may not be possi- on the OCS is difficult to estimate as there is lit- ble .30 tle information on human activity during the late Wisconsin glacial period 28 when such sites would have been above water (about 12,000 to State Programs 6,000 years before present). Lately, archaeolo- The State Historic Preservation Offices, as re- gists have turned their attentions to inundated cipients of Federal monips throuizh the Historic prehistoric sites on the continental shelves, be- Preservation Fund, act to some extent as agents lieving in their potential to reveal important in- or extensions of the Federal Government. Yet, formation on prehistoric peoples unavailable as noted earlier, no uniform or comprehensive from terrestrial sites-evidence concerning their Federal legislative framework for protecting his- migrations, their food gathering habits, and how torically significant shipwrecks on submerged they established cultural contacts in North Amer- lands exists to guide the States as they deal with ica during periods of lowered sea levelS.29 often intense competition over the uses of their MMS has sought to red uce the n u m ber of su r- submerged lands. Twenty-seven States have veys required within the more than 400 million- enacted laws asserting coritrol over and/or owner- acre OCS while maintaining an acceptable level ship of cultural sites in their waters. These laws of cultural resource protection through Regional offer differing degrees of protection. A few stipu- Baseline Studies (box D). The baseline studies ' late stringent and detailed operational require- 10 in all, identify areas of the OCS that most likely ments through permits or contracts to control the contain significant archaeological materials. With actions of salvors, sport divers, and archaeol- the exception of the Alaska studies, which focus ogists. on prehistoric sites, all of them discuss both pre- According to a recent st udy,31 the States spend historic and historic sites. approximately I percent of their total historic The agency has also begun an effort to char- preservation budgets on survey, evaluation, and acterize all unidentified magnetic anomalies gen- conservation of historic shipwrecks. In 1983 (the erated by proton magnetometers and recorded latest year for which figures have been compiled), on strip charts during lease block surveys made 16 States spent around $3,379,253. Between over more than a decade. Archaeologists have 1967 and 1983, 21 States reported some attempts been attempting for some time to discern patterns at survey, totaling 296,201 acres. They discov- ered 671 historic shipwrecks, using State or Fed- 27See Sherwood M. Gagliano, Charles E. Pearson, Richard A. eral criteria. Out of 2,883 shipwrecks, 437 have Weinstein, et al. (Coastal Environments, Inc.), Sedimentary Studies been located by States, 2,299 by sport divers, and of Prehistoric Archaeological Sites: Criteria for the Identification of 147 by salvors. Salvors in seven States have Submerged Archaeological Sites of the Northern Gulf of Mexico Continental Shelf, U.S. Department of the Interior, National Park claimed 34 wrecks. A number of coastal States Service, Washington, DC, 1980. See also Coastal Environments, have begun to investigate historical records to de- Inc., Sherwood M. Gagliano, Project Director, Cultural Resources termine if their waters contain more wrecks than Evaluation of the Northern Gulf of Mexico Continental Shelf, U.S. Department of the interior, National Park Service, Washington, DC, 1977. 10Richard Anuskiewicz, Minerals Management Service, personal 28The geological period known as the Wisconsin glacial period communication, June, 1987. extended from about 25,000 to 6,000 before the present. "Anne G. Giesecke, "The Best in State Historic Shipwreck Pro- 19Melanie J. Stright, "Evaluation of Archaeological Site Potential grams," Proceedings of the Sixteenth Conference on Underwater on the Gulf of Mexico Continental Shelf using High-Resolution Seis- Archaeology, Special Publication Series #4, published by The So- mic Data," Geophysics, vol. 51, No. 3, March 1986, p. 605. ciety for Historical Archaeology, Ronald L. Michael (ed.), 1985. 74-275 0 - 87 - 2 : QL 3 18 Box D.-Regional Baseline Studies Completed for the Minerals Management Service Bering Land Bridge Cultural Resource Study,Final Report, The University Museum, University of Alaska, i 1976. Cultural Resources Evaluation of the Northern Gulf of Mexico Continental Shelf, Coastal Environments, Inc., 1977. An Archaeological Literature Survey and Sensitivity Zone Mapping of the Southern California Bight, Science Applications, Inc., 1977. Western Gulf of Alaska Cultural Resource Study, Final Report, E.J. Dixon Jr. (ed.), 1977. Beaufort Sea Cultural Resource Study, Final Report, E.J. Dixon, Jr. (ed.), 1978. Lower Cook Inlet Cultural Resource Study, Final Report, E.J.Dixon, Jr. (ed.), 1979. Summary and Analysis of Cultural Resource Information on the Continental Shelf From Cape Hatteras to Key West, Science Applications, Inc.,1981. Alaskan Outer Continental Shelf Cultural Resource Compendium, Final Report, E.J. Dixon, Jr., S. Stoker, and G.,Sharma, 1986. Regional baseline studies are based on the assumption that underwater archaeological sites do not occur randomly on the seafloor.1 Submerged prehistoric sites, therefore, would be located relative to the paleogeography of the OCS. Shipwrecks would probably lie in close proximity to past and present ports, sea routes, weather patterns, and hazards to navigation. However, the efficacy of predictive modelling is the subject of considerable debate within the archaeo- logical community. Some experts have noted that shipwrecks do occur randomly on the seafloor. For ex- ample, acts of war cause shipwrecks wherever opposing forces encounter each other. Likewise, storms have sunk many vessels in the open sea, after blowing them miles from regularly traveled lanes. These experts further assert that predictive models cannot adequately serve as replacements for hard data de- rived from actual onsite survey. Regional baseline studies function as predictive models to identify areas of the Shelf which could be expected to yield significant archaeological resources. As such, they can be used as a controlled approach to locating potential sites. However, such models may miss some highly significant sites that fall outside of the categories covered in the models.2 Predictive modeling for the OCS is demonstrated through the following publications: Cultural Resource Evaluation of the Northern Gulf of Mexico Continental Shelf, Coastal Environments, Inc., Academic Press, New York, 1983. Sedimentary Studies of Prehistoric Archaeological Sites, Coastal Environments, prepared for the U.S. Department of the Interior, National Park Service, Division of State Plans and Grants, 1980. Archaeological Investigations on the Outer Continental Shelf: A Study Within the Sabine River Valley, Coastal Environments, Inc., prepared for the U.S. Department of the Interior, Minerals Management Serv- ice, 1986. See, for example, Sedimentary Studies of Prehistoric ArchaeologicaI Sites, Coastal Environments, Inc., 1980, which refines the predictive model developed by Coastal Environments, Inc, for the Minerals Management Service. The rationale for this model involves a series of geochemical and sedimentological analyses to which core samples from selected onshore prehistoric archaeological sites were subjected. These analyses revealed mate- rial traces characteristic of cultural deposits. 21U.S. Congress, Office of Technology Assessment, Technologies for Prehistoric and Historic Preservation, OTA-E-319 (Washington, DC. U.S. Gov- ernment Printing Office, September 1986),pp. 54-56. SOURCE: Minerals Management Service. 19 are currently known. Virginia, Texas, and Cali- for historic vessels. The Trust, as a participant in fornia have each recorded information on more the U.S. National Marine Sanctuary Program, has than 2,000 shipwrecks off their respective coasts. provided NOAA with advice on public informa- They must now determine what material evi- tion and outreach to generate and maintain fund- dence of those wrecks remains. ing dedicated to protecting the U.S.S. Monitor. Each State has taken its own approach to man- In addition, the Trust has established a Maritime aging its historic shipwrecks. North Carolina em- Advisors Network to deal with critical questions ploys a core staff to study the State's shipwrecks. in the field and has commented on such issues South Carolina enlists the aid of hundreds of sport as the National Register guidelines for nominat- divers and has obtained supplementary grant ing historic ships and shipwrecks and current funding for its underwater archaeological activi- maritime controversies as the salvage of the 18th ties. Vermont works with the Lake Champlain So- century vessel H.M.S. DeBraak off the coast of ciety, a private organization. Virginia funds no Delaware .34 The Trust was also a key advocate underwater archaeology itself, but relies on Fed- 14 See "Treasures Lost in the Finding" The New York Times, Aug. eral and private funds for its efforts. It is currently 28, 1986. Dispute surrounds the most recent stage of excavation focusing on the Yorktown shipwrecks, remnants at the site late in 1986. As noted, a salvage crane hauled up what remained of the ship's hull, losing artifacts it had contained in the of Cornwallis' fleet scuttled in the York River dur- process. The hull may need to be returned to the water if the State ing the Revolutionary War. The State has made cannot acquire funds to treat and conserve it properly. effective use of volunteers, allowing public ac- cess to the site for educational purposes. Michi- Box E.-The National Trust for gan has established underwater preserves for Historic Preservation areas of special natural and cultural interest. It The National1rust for'l-listoric Preservation was the "first Great Lakes state to enact specific whose membership numbers around 190,000 is legislation regulating the salvage of shipwreck ma- I a national, private, non.;profit organization char- terials."32 tered by Congress in 1949 to encourage public 'participation in the preservation of buildings, ob- ites significant in American prehistory Private Programs jects, andsi and' history. Support for the National I rust The National Trust for Historic comes from membership dues, endowment Preservation (NTHP) funds, contributions and graInts, from private j foundations, and the Fed ral Government. Un- 1 The NTHP (box E) has, since 1976, maintained 6.r-,der provisions,of theNational Historic Preser- a Maritime program to publicize underwater ar- vation Act of 1966,' the U.S. Department of the chaeology and maritime preservation issues, to I Interior, thro gh the National Park Service, dis- build and educate new constituencies, to award burses approximately 20 percent of the Trust's grants, communicate more effectively with estab- x,.,annual operating budget, Although it has never lished constituencies, and to provide technical done so, the Trust is empowered to litigate when publications.33 it has also completed a maritime @,shipwreck sitesare inappropriately handled and preservation public service video program. With to advocate the preservation of shipwrecks to the assistance of a private broker and financial governmental and private decisionmakers. service firm, The Trust also sponsors a maritime , The Maritime Department of the National heritage insurance program to assist organizations Trust has formed a series of working committees involved in maritime heritage to obtain insurance to advise them on technical and-policy issues in -the field of maritime preservation. Among other 32 Historic shipwrecks in Michigan waters are nevertheless under things, the Maritime Department is developing considerable stress from salvors and divers. See John R. Halsey and educational material about historic shipwrecks James L. Martindale, "The Sack of the Inland Seas: Shipwreck Plun- for State and,Federal decisionmakers, as a stimu- dering in the Great Lakes," paper presented at the 52nd Annual Meeting of the Society for American Archaeology, Toronto, May Aus to the protection of underwatercultural re- 7, 1987. sources. 33For example, it has published a Directory ofMaritime Heritage Resources (Washington, DC: National Trust for Historic Preserva- 1__ @SOL4ce National Trust for Historic Preservation. tion, 1984). 20 of the Sailing School Vessels Act.'-' The Trust is damage to the piles of piers and wharfs and expanding its Yankee Intern PrograM36for mari- wooden components of sunken vessels not time activities and plans to develop a prototype covered by sediments. The conservation of Antiquities Act for consideration by those States the Wasa over the past 25 years represents still lacking specific legislation to protect historic a pioneering effort both in type and scale. shipwrecks in their waters. It is preparing a man- it established most of the techniques now ual for documentation of historic maritime re- governing the treatment of cultural materi- sources and is also studying the possibility of I n- als excavated from the deep .39 A pro-visional vestment Tax Credits for vessels as well as curation, education, and display facility per- incentives to encourage archaeological ly con- mits public visitation. trolled investigation of submerged sites.37 Although conservation and restoration of the Wasa represents the highest quality ap- International Efforts proach and scientific know-how, recent problems place the health of the vessel in Several countries have focused significant re- jeopardy .40 Rain leaking through the alumi- sources on underwater archaeology and maritime num shed which houses the ship has caused preservation. Preservation professionals in the temperature fluctuations and condensation. United States view the recovery and restoration This condensation has contributed to rapid of the 17th century Swedish warship Wasa and shrinkage of those areas of her wooden hull the Tudor flagship Mary Rose as successful which have apparently not received suffi- models for U.S. efforts. Although they are not cient treatment with the preservative poly- without problems, these operations have dem- ethylene glycol. Conservators ceased apply- onstrated especially meticulous planning, execu- ing the preservative in 1980 when it seemed tion, and significant governmental funding com- that the ship could no longer absorb the sub- mitment. stance. Respraying resumed after 3-inch The Wasa, a warship which sank in Stock- broad cracks appeared in some places. Cu- holm Harbor in 1628, was raised by the rators lament the fact that because of inade- Swedish Government in 1961. It was spec- quate funding a permanent museum which tacularly well-preserved and intact after its could provide the essentials of constant tem- immersion in the Baltic Sea, whose salinity perature and humidity cannot be completed is too low to sustain the survival of the wood- until 1990. This development illustrates the borer Teredo navalis and other shipworm S.38 level of commitment needed for major pres- These marine creatures quickly infest and ervation projects and the continuing re- feed on submerged wood, inflicting heavy search required to anticipate the effects of certain treatments under changing con- 35Lynn Hickerson, National Trust for Historic Preservation, per- ditions. sonal communication, August 1987. The Mary Rose, raised in 1982 by the Brit- 31The Yankee Intern Program is sponsored jointly by NTHP and ish government, was the flagship of Henry Yankee Publishing, Inc. It allows college and university students VI I I's fleet .41 She foundered at the entrance and faculty to participate in maritime-focused activities. Such activ- to Portsmouth Harbor in 1545 while on her ities include working with owners and managers of historic ships and docks to complete measured drawings and restoration, instruct- way to engage the French fleet. The wreck ing high school students in maritime historical research techniques, was located in 1970 after a search using a and raising funds to relocate historic lighthouses threatened by shore erosion, and producing slide and video presentations to educated and garner the financial support of the public, foundations, and other institutions. 39For example, the use of polyethylene glycol as a preservative 37Marcia Myers, Maritime Department, National Trust for Historic for waterlogged wood. Preservation, personal communication, 1986. 4OSee "New Woes Assault Sweden's III-Fated Naval Monument," 38Car[OlofCederlund, TheOld Wrecks of the Baltic Sea: Archaeo- Albuquerque Journal, Jan. 1, 1987, p. DI 5. logical Recordings of the Wrecks of Carvel-Built Ships, pp. 19-20, 41"The Cheesebox," The Monitor National marine Sanctuary BAR International Series, Oxford, England, 1983. See also Anders Activities Report, vol. 4, No. 1, May 1985 published by East Caro- Franzen, Vasa: The Strange Story of a Swedish Warship From 1628 lina University, Department of History, Program in Maritime His- (Stockholm: Bonniers Norstecits, 1963). tory and Underwater Archaeology. 21 side-scan sonar and sub-bottom acoustic administration are subject to the same laws, reg- profiler located an anomalous signal in the ulations, and management policies governing area in which the wreck was thought to lie. sites on dry land. These laws, regulations, and In raising the Mary Rose, British archaeol- policies are intended to shield submerged sites ogists and engineers developed a specially from such destructive activities as mineral explo- engineered recovery apparatus, the cradle ration and dredging, and also limit private access of which was designed to continue support- to them if they lie within national parks and ma- ing the hull in dry dock through the initial rine sanctuaries. However, the status of historic conservation phases. It was the product of shipwrecks situated outside national parks and extensive multi-professional collaboration. marine sanctuaries, is adversely affected by an The Mary Rose project will serve as a test bed additional, highly complex body of law govern- for conservation chemistry and allow chemists ing maritime activities, as well as ancient legal to determine the best methods for conserv- principles, such as property ownership, admiralty ing waterlogged wood .42 law, and the law of finds .44 Further complicating The Mary Rose also represents an impor- matters are the several different marine jurisdic- tant collaboration between sport divers and tions (box F). Other countries such as Australia, professional preservationists. The wreck was Canada, Cyprus, England, Norway, and Sweden discovered by members of the British Sub- have enacted national laws regulating the man- Aqua Club, who worked closely with super- agement of all cultural resources within the vising archaeologists. Without these essen- waters of their outer continental shelves .45 tial volunteers, successful excavation, rais- Maritime salvaging tradition lies at the heart of ing, and subsequent conservation would continuing conflict over the treatment of U.S. have been i Impossible. historic shipwrecks, which has pitted private sal- The relatively successful restorations of both the vors and State preservation officers against each Wasa and the Mary Rose depended on long-term other. This tradition, established to motivate pri- commitments by governments, preservationists, vately conducted rescue of vessels in peril, re- and scientists to engender public interest, and to wards salvors for their attempts, or grants them obtain reliable funding, proper research and in- possession of abandoned vessels and their con- terpretive facilities, and access to technical ex- tents. However, maritime law treats both historic pertise. and modern vessels identically, considering the iSSUE B. The lack of Federal legislation to de- time of abandonment, whether 2 or 200 years termine jurisdiction over and ownership of ago, irrelevant. historic shipwrecks has severely hampered most efforts to protect them for the public. 44Admiralty law of salvage rewards the person or persons who assist in saving a ship in peril and requires payment by its owner Recent legislation '43 and more effective en- of a salvage fee. if no owner is found, the ship and its contents forcement of older preservation laws, have led may be sold to raise the award. The law of finds awards lost or abandoned property to the person or persons finding it. "The law to improved protection of archaeological sites on of finds and the law of salvage are not always clearly distinguished lands controlled by the Federal Government. by admiralty courts." Thompson M. Mayes, "Current Legal Issues Submerged archaeological sites under Federal in the Law of Historic Shipwrecks," A Memorandum for the Of- fice of General Counsel, National Trust for Historic Preservation, October 1986. 41See P.J. O'Keefe, Current Developments Regarding Regulation of Marine Archaeology Outside Territorial Waters, University of Syd- QMargaret Rule, "The Raising of the Mary Rose," The Illustrated ney; cited by Douglas Shallcross and Anne Giesecke, "The Status London News, October 1982. of Federal and State Regulation of Underwater Cultural Resources: 43The Archeological and Historical Preservation Act of 1974 (Pub- Lessons of the Treasure Salvors and Cobb Coin Cases," Underwater lic Law 93-291; 88 Stat. 174) which amended the Reservoir Salvage Archaeology: The Proceedings of the 14th Conference on Under- Act of 1960 (Public Law 86-253; 74 Stat. 220; 16 U.S.C. 469-469c) water Archaeology, 1986. See also George R. Fisher, Legal Con- and The Archeological Resources Protection Act of 1979 (Public siderations in Underwater Archaeology, National Park Service, Law 96-95; 93 Stat. 712, 16 U.S.C. 470) and the 1980 amendments Southeast Archeological Center, Tallahassee, Fl (paper presented to National Historic Preservation Act of 1966 (Public Law 96-515; at the annual meeting of the Society on Underwater Archaeology, Stat. 2997) among others. Philadelphia, PA, January 1976). 22 Box F.-The Seven Marine jurisdictions U Marine@ jurisdictions Comprise: 1. internal waters (those inside the coastline); 2. the Territorial Sea (three nautical miles from the mean low tide) in which jurisdiction is the same I as if the area were dry land, under the State governments-, 3. the Contiguous Zone 0 2 nautical miles from State waters) within which the Federal Government controls customs, rights of passage, health regulations, military activitfies, and navigation; 4. the Outer Continental Shelf (the seabed beyond the Territorial Sea to slightly beyond 200 miles) on which the Federal govenmentexercises controls relating to natural resource exploitation; 5. the High Seas, the area beyond the Outer Continental Shelf to which international law applies; 6, the Exclusive Economic Zone (see below); and 7. the fishery Conservation Zone,06 U.S.C. 1811), extending to a distance of 200 nautical miles from I the baseline from which the breadth of the territorial sea is measured. These definitions are, for recognized by other nations. Further definitions cover: 9 Navigable inland waters are those which were navigable by any kind of vessel on the date a State entered the Union. The present accepted legal definition, however, covers those waters which are usable for interstate or foreign commerce. The United States controls operations on and under naviga- ble inland waters, but the adjoining State owns the water and submerged beds. Non-navigable in land waters-thle owner of the shoreline (riparian owner) is the owner of the water and the subsurface land under it to the center of the body of water. The Exclusive Economic Zone, (EEZ) is a zone contiguous to the Territorial Sea, including zones con- tiguous to the territorial seas of the United States,'Puerto Rico, the Commonwealth of the Northern Mari- ana islands (to the extent consistent*th the Covenant and the United States Trusteeship Agreement), and U.S. overseas territories and possessions. The EEZ extends to a distance 200 nautical miles from the baseline from which the breadth@ of the Territorial Sea, is measured. Within the EEZ the United States has, to the extent permitted by international Law- sovereign rightsforthe purpose*16f exploring, exploiting, conserving, and managing natural resources, both living and non-living, of the Seabed and subsoil and the superajacent waters and with regard fo to other activities r 'the ec'on'o'@m'-tc'@,e""xploit'ation and exploration of the zone; such as the produc- tion of energy from the water, currents, and winds; and jurisdiction with regard, to,the, establishment and Use of artificial islands, and the installations and structures having economic purposes, and the protection and preservation of the marine environ- ment, Proclamation Economic Zone of the United States, Mar. 10, 1983, 48 F.R. 10605. SOURCE: Office of TechnoloSy Assessment, Maritime law is in sharp contrast with preser- devices as dredges, blowers, and explosives. They vation law, in which prehistoric and historic sites may ruin such contextual remnants as hulls, fur- and objects found on public land are considered niture, armament, and cargo, leaving sitesunfit to be held in trust by the U.S. Government for for proper scientific investigation, and for pub- all its citizens. As such, according to a substan- lic display and education. Because only an ex- tial set of preservation laws (Table 2), cultural re- tremely small number of wrecks contain such sources on public lands must be managed for the desirable artifacts, their searches "have destroyed public good. the archaeological potential of hundreds of In the oceans surrounding the U.S. coast, pri- historic, but not commercially promising sites."46 vate salvors, particularly treasure hunters, search out gold and silver items, coins, jewels, and highly 46See Carol Weare, "Saving Shipwrecks: An Underwater Im- valued antiquities at wreck sites, employing such broglio," Place, December 1983. 23 'al L@4 Photo credit: National Park Service, Submerged Cultural Resources Unit Submerged Cultural Resources Unit diver examines the bow of America, sunk at Isle Royale, MI, in 1928. Interest Groups clicates, or other business relationships. Salvaging ventures have been stimulated by Historic shipwrecks are the focus of three com- liberal tax shelters for investors in limited peting groups: partnerships. However, the tax reforms 1. Treasure Hunters.-As potential profiteers enacted by the 99th Congress are likely to from the sale of gold, silver, gems, and other render some salvage efforts less attractive be- valuables, and as successful claimants of his- cause they place greater restrictions on the toric wrecks in Florida and Texas, they are losses investors may claim from high risk, the most aggressive seekers of these fragile limited partnerships. resources, even when, as is often the case, 2. Underwater Archaeologists and Maritime their quests result in financial losses .47 Al- Historians. -They are joined by Federal and though only about a dozen treasure hunters State Historic Preservation Officers, general operate full time, their sometimes flamboy- and nautical museum curators, and conser- ant, high-risk activities have captured the vators responsible to governmental agencies public interest. They have, through assidu- and universities for the care of recovered ob- ous lobbying in Congress, been instrumen- jects. This group is interested primarily in tal in the repeated defeats (since 1979) of preserving and conducting research on mar- earlier versions of the Abandoned Shipwreck itime and underwater archaeological sites, Act. One of the most popular means of fi- and interpreting them to the public. Historic nancing treasure hunting explorations in- shipwrecks provide information on such volves investors who form partnerships, syn- subjects of historical and public interest as commerce, naval warfare, exploration, and vessels-their construction, cargo, passen- 47Anne G. Giesecke, Statement on H.R. 3558 before the House gers, and the details of their loss at sea. Subcommittee on Oceanography, Oct. 29, 1985. 3. Sport Divers.-This interest group is by far 24 OUR Credit., National Trust for Historic Ion Preservat US Credit: Norman Brower, National Trust for Historic Preservation M 6;;, Credit: National Trust for Historic Preservation _Z Y K", Credit: Lynn R. Hickerson, National Trust for Historic Preservation Credit: National Trust for Historic Press .rvation Photo 1: Apprentices at the Maine Maritime Museum, Bath, ME work on the planking of a traditional Maine peapod-one of many activities and exhibits available for visitors at the museum's four city-wide and waterfront sites. Photo 2: Bodie Island Light Station. Now part of Cape Hatteras National Seashore, North Carolina. Erected 1872. Photo 3: The Eala. Double hulled voyaging canoe, Walanae, Hl. 1979 Maritle Grant reciplant, National Trust For Historic Preservation. Photo 4: Ronson ship excavation site, New York City. Archaeologists working amidships, removing ceiling planking to expose frames. Photo 5: The Charles W. Morgan, Mystic Seaport, CT. 25 A Credit: National Trust for Historic Preservation Credit: National Trust for Historic Preservation 4@ -4w W,0001-777, Pro 1_0 WIN. Z7 _7 Credit: T. M. Slade, National Trust for Historic Preservation ---------- 10 Credit: Ray A. Williamson g. Credit: National Trust for Historic Pres rvat on Credit: U.S. Navy Photo 6: The Tacoma Fireboat #11. Tacoma, Washington. Entered service, October 1929. Listed on the National Register of Historic Places. Photo 7: Blackstone Canal, Providence RI. Photo 8: Historic Holland // submarine, Paterson Museum, Pater- son, NJ. Photo 9: Drum Point Lighthouse and the William B. Tennison, Calvert Maritime Museum, Solomons Island, MD. Photo 10: The skipjack, Kathryn, Tilghman Island, MD, ready for the oyster season. Photo 11: The Romanian Bark, Mircea, taking part in the bicentennial celebration off the Statue of Liberty by the tall ships, called Operation Sail. 26 the largest. The Conference on Underwater Archaeology and the Society for Historical Archaeology estimate that there are more than 2 million sport divers in the United 2 States, many of whom find diving on wrecks an enjoyable, exciting, and educational pas- time. Along with fishermen, sport divers locate the bulk of all shipwrecks within U.S. coastal and inland waters. They collect ar- 1L tifacts, and also photograph and study the histories of undersea wrecks avocationally. Many volunteer their services to qualified ar- chaeologists. Some, however, also loot and disturb sites. Sport divers strongly advocate their right under protective shipwreck leg- islation to legal access to submerged wrecks. Their principal membership and trade orga- nizations, such as the Diving Equipment Manufacturer's Association, have supported the latest version of the Abandoned Ship- wreck Bill (H.R. 74 and S. 858). Litigation Over Ownership of Historic Shipwrecks As noted earlier, in the absence of Federal leg- islation to safeguard historic shipwrecks, 27 States have passed antiquities statutes to broaden their Photo credit., Mitch Kezar, National Park Service jurisdiction and exert regulatory control over sig- Sport divers begin a dive at Isle Royale National Park nificant wrecks within their territorial waters (box on a shipwreck bouyed by the National Park Service G). Yet several Federal court cases, disputed over for visiting sport divers. more than a decade, have denied the States au- clusive for preservation purposes because of the thority to enforce their statutes. These cases, deal- highly inconsistent and even contradictory rul- ing with competing claims to historic shipwrecks ings emanating from State, admiralty, and appel- between commercial salvors and State preserva- late courts. Treasure Salvors, Inc. v. Unidentified tionists, have also called into question the valid- Wreck andAbandoned Sailing Vessel (cases 1,11, ity not only of State governments, but the Fed- and I 11) concerned efforts by the State of Florida eral Government, in controlling the recovery of and the Federal Government to exercise regula- archaeological materials at significant sites. tory control over commercial salvaging at historic Two major litigations in particular have proved shipwreck sites on the Outer Continental Shelf lengthy, complex 48costly, and ultimately incon- (OCS). Cobb Coin, Inc. v. Unidentified Wreck andAbandoned Sailing vessel was part of efforts 48See also J. Barto Arnold 111, "The Platoro Lawsuit Revisited," by the State of Florida to oversee recovery at Underwater Archaeology. The Proceedings ofthe Fourteenth Con- ference on Underwater Archaeology, Calvin R. Cummings (ed.), historic shipwrecks within its three-mile territorial Special Publication #7 (San Marino, CA: Fathom Eight, 1986) for limit. The Treasure Salvors cases even involved a description of the complex, expensive, and lengthy litigation proc- claims by a rival salvor and Supreme Court inter- ess in which the State of Texas has been engaged to claim, for public benefit, the Espiritu Santo wreck off Padre island. its efforts proved pretation of the merits of their claims. only partially successful. The case deals primarily with State's rights, specifically, permitting authority and the courts requirement that Treasure Salvors, Inc., after searching for the it pay for or buy back one-third of all artifacts recovered. wrecks of the Atocha and the Santa Margarita, 27 i ered nearly $6 million in artifacts and treasure Box G.-State Historic Shipwreck Legislation from the wreck site and having learned of an un- The following States and Trust Territories have, i related Supreme Court decision finding that since 1963, adopted legislation to ena ' Florida had no interest in or authority over the ble man- of historic shipwrecks in their waters waters surrounding the Atocha site, Treasure Sal- agement for public benefit. Most of these laws permit, un- vors, Inc., severed its contract with the State. it der certain conditions, some recovery of archae- then initiated an action in admiralty court to ob- ological materials by private parties. No State has tain title to and possession of the wreck. Treas- forbidden sport diving on historic shipwrecks ure Salvors asserted that in the case of an aban- Alaska .... Alaska Stat. 41.35 (1977) cloned vessel, the finder assumes possession Arizona ...... Ariz. Rev. Stat. 41 @841 1982) according to long-standing principles of maritime Colorado Colo. Rev. Stat 24@80@401-410 (1973) law. The State fought the action and with the in- Florida.. ........ Fla. Stat. Ann. 267 (Supp, 1982) tervention of the Federal Government claimed I Georgia . @ ...... @ Ga. Code Ann, 12.3 (1981) 1 ownership of the wreck. They cited the Outer Guam ....... ..,Chpt. XIII. 13905@-S 1 Hawaii., ...Hawaii Rev, Stat. 6E (1976) Continental Shelf Lands Act (OCSLA) which ap- Indiana I nd. Stat. Ann. 14.3.3.3-4 (Supp@ plies to the area in which the Atocha lay and the 1983) both the Antiquities Act and the Abandoned Louisiana . La. Stat, Ann, RS 41.1601 (Supp. 1982) Property Act, which reflect the concept of Eng- Maine ... Me. Rev. Stat. Ann. 27. 371-378 lish common law on "sovereign prerogative."49 (1982) Massachusetts Mass@ Ceti, Laws Ann, 6. 179-TIJU Jurisdiction of the OCS is controlled by two pieces (1974) of legislation, the Submerged Lands Act (143 Michigan ... Mich. Comp. Laws. Ann. 2 .51-54, U.S.C 1301; Public Law 83-31) and the Outer i (Supp. 1982) Minnesota ........ Minn. Stat. Ann. 138 (1979) ''1 Continental Shelf Lands Act,(43 U.S.C. 1331, ft). Mississippi ........ Code Ann. 39.7 (1972) The Submerged Lands Act relinquishes to the i Montana Code Ann. 22.3.421-442 (1981) 1 New Hampshire., Rev. Star. Ann. 227.C, (Sypp. 1981) States full control over all submerged lands ex- New York Consol. Laws Ann, 14 (McKinney i tending to 3 nautical miles offshore, except for 1982) North Carolina ... . Gen. Stat, 121 @22-28 (T98 1) the gulf coast of Florida and Texas, whose juris- North Dakota .... . century Code 55 @021 @03.1 0 (Supp- clictions extend 10 nautical miles.50 Separate acts 1981) apply to the submerged lands of the'rerritories.51 Oregon ...... .-Rev.Stat.3,58.9050983) The OCSLA reserves the submerged lands on the Rhode island. . Gen. Laws 42.45.1, (1977) South Carolina ...Code of Laws Ann. 54J.40, (S' OCS to the Federal Government and subjects UP 1982) th em to administrative control by the Secretary Texas ............ Code, Ann. 191.01 (1978) Vermont ... Stat Ann. 22.701. (1978) of the Interior. Virginia ... ..Code 10.145, (5upp. 1983) The Submerged Lands Act: Wisconsin _Stat- Ann. 27.012 (1973) Northern Mariana ... confirms and establishes the titles of the States Islands No. 3-39 11 to lands beneath navigable waters within State SOURCE: Anne G. Giesecke, Joumol of Field Archaeology, "Man. agenwnt of H istoric Shipwrecks in the 1980s," 12: 10&112, c] boundaries and to the natural resources within 1985. such lands and waters, provides for the use and discovered in 1971 the first of quantities of gold 49"The Administrator of the General Services Administration is authorized to make such contracts and provisions as he may deem artifacts from the Atocha wreck, submerged 9 for the interest of the Government, for the preservation, sale, or miles. off the coast of Florida in what both the collection of any property or the proceeds thereof, which may have company and the State believed were territorial been wrecked, abandoned, or become derelict. being within the jurisdiction of the United States and which ought to come to the waters. Treasure Salvors, Inc., under the stipula- United States . . ." tions of the Florida Archives and History Act, en- 5043 U.S.C. 1301 (a)(1),(2) Submerged Lands Act. tered into a contractual arrangement with the "Puerto Rico: sec. 8 of the Act of Mar. 2, 1917 (48 U.S.C. 749). State for the sole right to continue search and Sal- Guam, Virgin Islands, and American Samoa: Sec. 1 of the Act of Oct. 5, 1974 (48 U.S.C. 1705). Northern Mariana Islands: Sec. 3 vage of the Atocha. In 1975, after having recov- of the Proclamation No. 4726, Feb. 21, 1980 (48 U.S.C. 1681). 28 control of said lands and resources, and confirms By contrast, in another recent case, Klein v. the jurisdiction and control of the United States Unidentified Wreck and Abandoned Sailing Ves- over the natural resources of the seabed of the sel, the United States Court for the Southern Dis- Continental Shelf seaward of State boundaries. trict of Florida found for the Federal Government The Act deals largely with purview and mineral on the issue of ownership of excavated shipwreck exploitation but not with the disposition of man- items because they had been embedded in land made or cultural objects-historic shipwrecks and owned by the United States and administered by other submerged archaeological sites. the National Park Service. Federal courts upheld the claims of Treasure In Cobb Coin, Inc., conflict again focused on Salvors, Inc., stating that the United States the State of Florida, whose submerged lands con- through the OCSLA asserted ownership of and tain the remains of an unknown number of Span- jurisdiction over mineral and other natural re- ish treasure galleons from the Plate Fleet, which sources, but not cultural resources. The Aban- sank off the Florida coast in 1715, while bound doned Property Act applied only to property let from the New World to Europe. Cobb Coin, Inc., go or lost during the Civil War, clearly not the formed after the president of Treasure Salvors' correct historic period of the cultural materials dissolved that company, began a search in 1978 under litigation. The courts also concluded that for remains of the fleet. After locating and recov- the English rule of "sovereign prerogative" never ering artifacts thought to be part of a galleon, he "took root" in America, that the "American then initiated an action in Federal admiralty court Rule" has prevailed, which places ownership requesting either a declaration of ownership of with the finder. When Treasure Salvors, Inc., in the shipwreck or compensation for salvage car- a further action tried to compel Florida to release ried out at the site. Because the site lay well 25 percent of the treasure still retained under the within Florida's 3-nautical mile offshore limit, the void salvage contract, the State countered by at- State intervened, asking the court instead to tempting to bar the company's claim under the declare it the owner and order restitution for all 11 th amendment to the Constitution. The 11 th items culled from the wreck. The State justified amendment prohibits citizens from suing States its claims on the basis of its antiquities law, the in Federal courts, but the Fifth Circuit Court re- Florida Archives and History Act and sought jected Florida's action, arguing that Treasure Sal- criminal action against Cobb Coin, Inc. vors, Inc., was not prohibited under the I ith The Federal district admiralty court declined to amendment because its suit was against individ- apply certain parts of Florida's marine archaeol- uals employed by the State, not the State itself. ogy statute, seeing it in conflict on certain points The I ith amendment, however, has been suc- with preemptive Federal admiralty law.15 it cessfully used in Massachusetts to thwart salvors' deemed the State's requirement for a license to maritime clai MS.52 The court held that the State explore State waters in conflict with the maritime had a "colorable claim of title" to the pirate ship principle that potential salvors or finders be free Whydah, which sank off its coast in April 1717.53 to search the open waters for salvable sites. Mar- However, in a recent case testing the State's laws itime law clearly encourages prompt recovery of regarding excavations within its coastal waters, goods; Florida's would accomoclate painstaking a State court ruled against the State's claim. The and time-consuming scientific research. Florida's ruling is expected to be appealed to the State Su- preme judicial Court.54 55Douglas Reid Weimer, Legal Issues Relating to Abandoned Ship- wrecks, Congressional Research Service, 1986 for a discussion of 52See, for example, Maritime Underwater Surveys, Inc. v. Uniden- the legal issues clouding the treatment of historic shipwrecks in U.S. tified, Wrecked and Abandoned Sailing Vessel, 717 F.2d 6; Suba- waters. See also Douglas Shallcross and Anne G. Giesecke, Recent queous Exploration &Archaeology, Ltd. v. Unidentified Wrecked, Developments in Litigation Concerning the Recovery of Historic andAbandoned Vessel, 577 F. Supp. 597 (d. Md. 1983); and Cobb Shipwrecks, Syracuse journal of International Law and Commerce, Coin 1, 525 F. Supp. 186 (S.D. Fla. 1981). 10:371-404. See further, Douglas A. Shallcross and Anne G. 53Douglas Reid Weimer, Legal Issues Relating to Abandoned Ship- Giesecke, "The status of Federal and State Regulation of Under- wrecks, Congressional Research Service, 1986. waterCultural Resources: Lessons oftheTreasure Salvorsand Cobb 54john H. Kennedy, "State Comes Up Empty in Hunt for Treas- Coin Cases," Underwater Archaeology: The Proceedings ofthe 14th ure," Boston Globe, Tuesday, May 19, 1987, pp. 19-22. Conference on Underwater Archaeology, 1986. 29 law permits a licensee the exclusive right to sa.1- ties on the seabed more like historic properties vage an area "regardless of diligence or success." on land and: This allowance is at odds with the maritime prin- assert U.S. ownership and transfers to the ciple that a salvor's right to act on a wreck is valid States title to abandoned shipwrecks that are only as long as the salvor perseveres as quickly embedded in the submerged lands of a State, and efficiently as possible, and is reasonably suc- in coralline formations, or included in or de- cessful in recovering submerged property. Florida termined eligible for inclusion in the National grants salvors fixed percentages of artifacts, chal- Register of Historic PlaceS;59 lenging the maritime concept of reward based declare that the laws of salvage and of finds on "risk and merit." As a result, the court ruled do not apply to these abandoned ship- that historic shipwrecks are subject to the tradi- wrecks; tional admiralty law of salvage. Although the specify that the Act will not affect any suit courts in Cobb Coin did acknowledge the cul- filed before the date of enactment; tural value of historic shipwrecks and the impor- confirm Federal ownership of abandoned tance of their provenance to the public, they still shipwrecks on Federal lands; held that such value and importance do not over- retain any existing Federal admiralty and sal- ride long established and observed principles of vage law for all shipwrecks not covered by maritime law. these bills; and The Abandoned Shipwreck direct the Advisory Council on Historic Pres- Act of 1987 ervation to develop guidelines to assist the States and the Federal Government in car- Since 1979, interested parties have sought pas- rying out their responsibilities and to allow sage of legislation to strengthen the ability of for non-injurious recreational exploration States to locate, evaluate, and protect historic and private sector salvage of shipwreck sites. shipwrecks located within their submerged lands. The bills do not effect admiralty claims for the Without clear Federal legislation establishing pub- ownership of shipwrecks within the Nation's lic interest in government ownership of historic waters between the 3-mile offshore State-con- submerged vessels, these resources remain at risk trolled limit and the 200-nautical-mile limit of the through the activities and claims allowed by treas- Outer Continental Shelf. ure hunters under admiralty law. Abandoned shipwreck legislation56 has been While treasure hunters and others resist legis- reintroduced before the 100th Congress (H.R. 74; lation to limit their exploitation of any shipwrecks S. 858) .57 The bills, which as introduced are for profit or recreation, some preservationists ex- nearly identical,58 seek to treat historic proper- press serious misgivings about the bills because they do not explicitly prohibit salvaging at cul- 16The Abandoned Shipwreck Act of 1985 (H.R. 3558 and S. 2569) turally significant sites. They fear that the differ- failed to pass the 99th Congress. ing approaches to managing submerged cultural 570n August 5, 1987, shortly after this background paper went to press, H.R. 74 was marked up and reported out of the Ocean- resources, legalized in 27 States so far, would ren- ography Subcommittee of the House Committee on Merchantma- der appropriate and consistent policies difficult rine and Fisheries. It must still be considered by the full commit- to implement nationwide. They also point out tee and by the House Committee on Interior and Insular Affairs. The Senate'has not yet acted on S. 858. that they regard as critical the ability of State pro- 18The markup made several important changes in H.R. 74. It now grams to allow for the retention of artifacts. They provides for an Advisory Committee to "prepare and pub- cite the inadequacy of models, such as Florida's, lish ... guidelines for use by the States in developing legislation and regulations to carry out their responsibilities under this Act." which permits treasure hunters to contract with It also provides that if, "within 5 years after the date of the enact- the State, survey and excavate, and retain 75 per- ment of this Act," a State has failed to develop a plan consistent cent of what they find as payment for services. with guidelines established by the Advisory Committee, the title to a State's historic shipwrecks then reverts to the United States. Finally, the markup added a provision that the Secretary ofthe In- terior was responsible for managing "all abandoned shipwrecks "This transfer clearly resolves the issue of legal jurisdiction over to which the United States reasserts title ... in a manner consist- shipwrecks and the authority of the States to regulate salvage in ent with the guidelines . . ." their waters. 30 Texas' model, by contrast, is one of the few which Table 6.-Threats to Underwater Archaeological do not allow the transfer of publicly owned and Maritime ResourceSa historic artifacts to private ownership.60 However, Natural threats: as demonstrated by the cases cited above, legis- 9Corrosion/concretion of metals lative action may be necessary to impart across- eEarthquakes *Erosion-of the coastline, river, and stream banks the-board protection for shipwrecks, which are *Floods important elements of the heritage of the United *Storms States. *Subsidence *Wave action 9Wood-borers ISSUE C. Underwater and maritime cultural re- *Volcanoes sources are vulnerable to a wide variety of Man-made Threats: natural and manmade threats. eAnchoring-particularly of freighters 9Federal projects -dred gi ng, naval base development, Table 6 summarizes the various threats to dam and reservoir construction, channelization, etc. which underwater archaeological and maritime 9Looting cultural resources are subject. Historic coastal set- eLack of maintenance (maritime resources) eNeglect flements are jeopardized by changes in land use; *Non-conservation of materials recovered from historic lighthouses are endangered by land sub- underwater sidence, erosion, and neglect when technologi- eOil/Gas/Mineral extraction *Pipelines cal advances render them obsolete as aids to *Pollution navigation. Historic floating vessels, if not main- *Salvaging/Treasure hunting tained and renewed, are rendered unusable by @Shellfishing *Shore facility expansion -ports, marinas, recreation the rapid spread of rot and rust. "Ships are less areas, airports accomodating than buildings, which can stand oSport diving *Vandalism untouched for generations and survive.1161 In aNot listed in priority order. addition, traditional boatbuilding and navigation SOURCE: Office of Technology Assessment, 1987. skills are being lost as a result of the introduc- tion of modern technology in the practice of these skills. technologies and, in recent years, gained access Prehistoric sites close to shore are damaged by to many significant sites. Table 7 lists a few sig- wave action and by oil and gas exploration when nificant historic shipwrecks that have been ex- ploited for treasure. Shipwrecks are attracting the they lie on the Outer Continental Shelf. As noted interest of increasing numbers of groups and in- earlier, treasure salvors can inflict grave damage dividuals able to invest in underwater explora- to historic shipwrecks and may, in the process tion. One of the most dramatic examples involves of searching out and extracting treasure and other the R.M.S. Titanic, which is located 21/2 miles be- commercially valuable features or contents, com- low the surface in international waters, about 350 pletely destroy them and any significant archaeo- miles southwest of Newfoundland. An American logical information they might convey. oil company executive and a Hollywood broad- Even though many treasure salvors cannot af- casting group, among others, are collaborating ford the kinds of sophisticated and powerful re- with scientists from the Institute for Research and mote sensing locational techniques developed for Exploitation of the Sea, an agency of the French the space program and the oil, gas, and mineral government, to retrieve artifacts and open three industries, a few have acquired other marine safes from the wreck. The project, which will in- volve spending at least $3 million, will consist of 60Daniel J. Lenihan, National Park Service, personal communi- a series of 10 dives by miniature submarine, and cation, March 1987. broadcasts of the event I ive from the seafloor. The 61Statement of Marcia Myers, Vice President for Maritime Pres- project's expedition team has used a three-man ervation, National Trust for Historic Preservation, before the Sub- mini-sub to retrieve a leather, "doctor's-style va- committeeon National Parks and Public Landsofthe HouseCom- mittee on Interior and Insular Affairs, on H.R. 1044, a bill to establish lise" filled with jewels, bank notes and other val- the National Maritime Museum at San Francisco, March 26, 1987. uables, and a safe which is believed to have be- 31 Table 7.- Representative Historic Shipwrecks chaeological research but of little or no commer- Exploited for Treasure cial value.65 � Espiritu Santo: One of the 1554 New Spain fleet Treasure salvors who have become aware of wrecks located off Padre Island, Texas; the importance of historical research, may con- � Nuestra Senora de Atocha: A 16th century Spanish galleon off the Florida Keys; tract for the study of historical documents such � Whydah: An 18th century English pirate ship off the as those found within two particularly rich ar- coast of Massachusetts; � H.M.S. DeBraak: An 18th century Dutch-built English chives-El Archivo General de Indias in Seville, privateer off Lewes, Delaware; Spain, and El Archivo General de [a Nacion in � Nuestra Senora de la Maravilla: a large 16th century Mexico City, Mexico. These archives, which are Spanish galleon 50 miles north of Grand Bahama Island. highly valued for a broad range of historical re- SOURCE: Office of Technology Assessment, 1987. search, contain thousands of records from the 16th through the 19th centuries on all aspects of longed in the ship's assistant pursor's office .62 The exploration, seafaring, and trade sponsored by recovery venture began in the summer of 1987, the Spanish crown in the New World. Much of with completion scheduled for September 10. this documentation provides detailed information on the passengers and cargos carried by the ships Recovery of items from the R.M.S. Titanic is be- that traveled back and forth between Europe and ing protested by many who believe that the site the Americas, as well as on disasters at sea.66 should remain untouched as a memorial to those who perished in the ship's sinking.63 Others ar- ISSUE D: There is a critical need for a Federally gue that items from the Titanic possess histori- sponsored facility for underwater archaeol- cal value precisely because they come from the ogy and maritime preservation. shipwreck and that salvage operations should Most participants in the OTA study urged the continue on the basis that international law pro- formation of a federally funded institution vides for the salvage of vessels lost at sea .64 devoted to providing: Some treasure salvors employ archaeologists * accurate information on current preservation to oversee or carry out tasks that can minimize technologies for the research, location, anal- damage to sites. Many archaeologists, however, ysis, and management of prehistoric and believe that the basic goals and interests of ar- historic structures, objects, and sites; chaeological research and treasure salvaging are 0 information on technologies developed in inherently antithetical, and that when profit is the other fields for possible application to pres- motive for exploitation of shipwrecks, scientific ervation, name ly-tech no logy transfer; research and the shipwrecks themselves must in- e training in preservation technologies; evitably suffer. Particularly when excavation of 9 ongoing research; a wreck requires the application of expensive e conservation laboratories; technology, or the salvor is operating on a spec- e interdisciplinary teams capable of interven- ulative financial shoestring, as many do, it is likely ing on an emergency basis in response to that the recovery of objects having financial value particular technical preservation problems; will take priority over the recovery and conser- e a clearinghouse for preservation project in- vation of material that may be priceless to ar- formation (Federal, State, local, private) to expedite coordination; and * the leading technical preservation database. "Ken Ringle, "Breathtaking Collection of jewels Discovered at Titanic Site," Washington Post, Friday, August 21, 1987. 65Thomas F. King, Advisory Council on Historic Preservation, per- 63"Television Special From Titanic Is Planned," New York Times, sonal communication, 1987. February 1987. 66Stanley Hordes, Historical Consultant, personal communica- 64See, for example, William F. Buckley, Jr., "Let Them Sell the tion, 1986. See also "Translated Documents Capture Ambience and Titanic's 'Treasure,"' Washington Post, August 17, 1987, p. A19, Aroma of the Nina," The New York Times, Oct. 14, 1986. 32 1 The facility could be either fully or partially archaeologists have learned of methods adapted funded by the Federal Government, in keeping from other disciplines to enhance their research. with its long-standing role as the Nation's prin- cipal conservation iSt.67 It would include within Research and development are crucial to the its agenda technologies for underwater archaeol- transfer of technologies developed for other sci- ogy and maritime preservation. entific and engineering purposes to the disciplines of underwater archaeology and maritime pres- A center for preservation technology would ervation. The technologies developed for other likely encourage closer interactions among un- fields may need considerable adaptation before derwater archaeologists, maritime preserva- being applied to archaeological research and tionists, dry-land archaeologiStS,611 historians, sci- preservation. Underwater archaeologists would entists, and engineers. It would be the primary benefit by more actively injecting themselves into source to which individuals could look for state- R&D processes. Their record in exploiting tech- of-the-art technical information for all relevant nical advances made in other disciplines has been disciplines in the field. A center could also take spotty, largely because aspects of these advances advantage of the expertise built up within, for ex- are still very expensive. However, there exist mid- ample, the National Park Service's Submerged dle range devices, not quite so sophisticated, that Cultural Resources Unit (SCRU) a valuable source universities or Federal agencies could develop. of technical advice and publications on the pres- ervation of submerged archaeological and mari- Technology Sharing time sites. Perhaps most important, a center could Many archaeologists have not cultivated Fed- strengthen the partnership among Federal, State, eral agencies or private organizations as assidu- and local government and private enterprise ously as they might have to explore the possibil- established by the National Historic Preservation ities of sharing experts and equipment. Yet the Act of 1966 and its amendments of 1980. En- Navy is often very appreciative of archaeologi- hanced communication should stimulate closer cal expertise in such programs as its Submarine coope Iration and greater coordination of research, Development Group. It runs manned and un- project planning, and technology sharing. manned deep-water submersibles and remotely operated vehicles to depths as great as 20,000 Such organizations as the Society for Archaeo- feet. It also operates the U.S.S. Pigeon (ASR-21) logical Sciences and the Association for Preser- which is capable of deploying saturation divers vation Technology were founded specifically to to depths as great as 850 feet. The vessel has sup- promote the development and use of new tech- ported scientists during many deep dives to col- nologies in the research and conservation of pre- lect specimens for biological-oceanographic re- historic and historic cultural resources. These and search. The group's charter obligates it to support other such groups, however, have not directed and aid civilian scientists, such as geologists from much attention toward problems in underwater institutions of oceanography. Some of its person- archaeology and maritime technology. Likewise, nel and equipment were involved surveys of the although the American Association for the Ad- U.S.S. Monitor and R.M.S. Titanic. vancement of Science attracts a broad member- A recent example of technology sharing which ship, including social, as well as natural, scien- benefited underwater archaeology occurred dur- tists, it is not the locus within which underwater ing the summer of 1986 between the National Park Service and the U.S. Navy at Pearl Harbor, 67See Technologies for Prehistoric and Historic Preservation, Ch. Hawaii. Teams from the Park Service and the 7, "Technology and Preservation Policy" for a discussion on sev- Navy Reserve's Mobile Diving and Salvage Unit eral approaches to structuring such a facility. One (MDSU ONE) examined and mapped the 68See Richard A. Gould, Shipwreck Anthropology (Albuquerque, hulks of the battleships U.S.S. Arizona and U.S.S. NM: University of New Mexico Press, 1983) for discussions of the slow acceptance of shipwreck archaeology within archaeology and Utah, which had been destroyed in the Japanese anthropology. attack on the Island of Oahu, December 7,1941. 33 The collaboration assisted both agencies; the Park sity's Institute of Nautical Archaeology, East Caro- Service acquired new information for better long- lina University in North Carolina, and Arizona term maintenance of the wrecks at the Pearl Har- State University could then be linked to the tech- bor National Historic Landmark site and the Navy nology information network operating from it. conducted diver training exercises. This pilot These two programs offer students the opportu- project has led to further cooperation between nity to earn degrees at the masters level. No the two agencies. In May and June of 1987, Na- university offers a degree in maritime preserva- val Reserve divers from MDSU ONE trained at tion .70 the Ship Repair facility in Guam, by working with Oceanographic Institutions (table 8) employ Park Service staff from SCRU to survey World many kinds of research vessels in conducting War I and 11 historic shipwrecks on Navy prop- both publicly and privately supported marine sci- erty. These efforts will also aid the Naval Station entific projects at sea. Much of their work should in fulfilling its historic preservation obligation 5.69 be of interest to archaeologists. Communicating With Universities and The joint Oceanographic Institutions, for ex- Oceanographic Institutions ample, is a consortium of 10 U.S. academic oceanographic institutions and four foreign in- Some experts have expressed the desire for a stitutions (France, Japan, Canada, and Germany) stronger academic base in support of underwater that coordinates and facilitates the work of indi- archaeology and maritime preservation, and have vidual institutions on large oceanographic re- suggested that these subjects be included in the search projects. joint Oceanographic Institutions, various historic preservation programs offered Inc. is the systems manager of the member insti- throughout the country. Enhanced communica- tutions and subcontracts operating activities to tions between the universities offering programs other academic institutions and industrial groups in underwater archaeology and maritime pres- as well as its members. At present, under the ervation and the scientific and engineering de- Ocean Drilling Program the consortium is analyz- partments of other institutions could result from ing core samples to study the structure and his- a center for preservation technology. Such pro- tory of the earth beneath the oceans for evidence grams as those established at Texas A & M Univer- of ancient ocean and climatic conditions, as well as tectonic plate movement. The progress of such projects could be followed by a technical pres- 69J.K. Otto Orzech, University of California, San Diego, Scripps ervation center, and the results disseminated Institution of Oceanography, personal communication, March 1987. among archaeologists. 701-ynn Hickerson, National Trust for Historic Preservation, per- V 11F t sonal communication, August 1987. Table 8.-U.S. Oceanographic Institutions WT Duke University Johns Hopkins University Lamont Doherty Geological Observatory Oregon State University 7-; Scripps Institution of Oceanography Texas A & M University University of Alaska University of Georgia University of Hawaii Photo credit: National Park Service, Submerged Cultural Resources Unit University of Rhode Island University of Southern California U.S. Navy Mobile Diving and Salvage Unit Reservists University of Washington and the National Park Service Submerged Cultural Woods Hole Oceanographic Institution Resources Unit cooperate to map U.S.S. Arizona. SOURCE: Office of Technology Assessment, 1987. 34 There is a great need for more underwater ar- vessels and small craft are listed in the National chaeological and conservation training programs. Register of Historic Places, a compilation of over In current graduate programs, there are neither 45,000 prehistoric and historic structures, objects, sufficient emphasis on the assimilation of a large and sites. The total number of shipwrecks is un- technological component nor opportunities for known; only 41 are listed on the National Regis- retraining professional archaeologists in the latest ter. Listings range from individual wrecks such methods. A preservation technology center could as the CS.S. Florida, a Confederate, British-built help achieve that end by highlighting, in addi- sail-steamer sunk in 1864, to the 15 to 25 Amer- tion to its own activities, those conducted at the ican Revolutionary War ships of the Penobscot Institute of Nautical Archaeology at Texas A&M Expedition sunk off the Maine coast in 1779. The University. Such facilities as the Conservation site of the U.S.S. Monitor is a National Historic Center of the Institute of Fine Arts in New York, Landmark as well as a National Marine Sanctu- Cooperstown Graduate Programs in Conserva- ary. Of only 32 vessels designated as National tion and Artistic Works in New York, and The Historic Landmarks, 22 are of World War 11 vin- Winterthur/University of Delaware Art Conser- tage. Warships outnumber trade vessels listed on vation Program in Delaware provide training in the Register. Shipwrecks illustrating American his- the conservation of bone, ivory, wood, leather, tory from the age of Spanish exploration to World pottery, gold, silver, copper, lead, tin, iron and War 11 are included, but neither prehistoric craft metal alloys. However, they do not concentrate nor common fishing vessels are listed.73 on once-submerged materials, and the special Twenty years have passed since enactment of problems associated with stabilizing and main- the National Historic Preservation Act. Yet, the taining such items as hulls or encrusted iron can- first serious effort to undertake a computer-based non and anchors .71 resource survey did not begin until 1986, with ISSUE E: The lack of National and State inven- the National Maritime Initiative. The Federal Gov- tories has seriously impeded efforts to pro- ernment long ago gave up a valuable opportu- tect underwater archaeological sites and mar- nity to identify, study, document, and record itime historical resources. thousands of ships and other water-going craft "The United States has not undertaken a na- when it disbanded the Historic American Mer- tional inventory of underwater cultural materi- chant Marine Survey (HAMMS) only 18 months als which include submerged terrestrial sites as after its formation during the New Deal in 1937. well as shipwrecks. Although some States have Its sister program, the Historic American Build- made substantial progress in surveying their own ings Survey (HABS) has, in 53 years, documented coasts, lakes, and rivers and locating submerged and recorded thousands of buildings and other cultural resources, no States have comprehen- structures.74 sive data on file.1172 No more than 162 historic The first phase of the National Maritime Initia- tive's survey is a compilation of known lists and 71Lynn Hickerson, National Trust for Historic Preservation, per- inventories from a variety of sources scattered sonal communication, August 1987. among the maritime community. It includes list- 72See U.S. Congress Office of Technology Assessment, Technol- ogies for Prehistoric and Historic Preservation (Washington, DC: ings from the South Street Seaport Museum in Government Printing Office, September 1986). Several participants New York, the International Congress of Mari- in the OTA assessment noted the irony inherent in the States sur- time Museums, the World Ship Trust, the Na- veying their waters for cultural materials. If States do not dedicate the necessary resources toward protecting them after discovery, tional Register of Historic Places, and the National they are in danger of loss. Typically, State law enforcement agen- Trust for Historic Preservation. Thus far, the sur- cies are scarcely aware of archaeological protection statutes, whether Federal of local. inventorying must become part of a com- prehensive program that also includes adequate law enforcement. in identifying shipwrecks in Lake Superior. At their current alloca- The National Conference of State Historic Preservation Officers tion level ($345,332 less 10 percent entitlement to local govern- (NCSHPO) notes that over the past20yearsthe Departmentofthe ments) the SHPO cannot undertake the task. Interior could have advocated more funding for meaningful State 71Anne G. Giesecke, Statement on H.R. 3558 before the House surveys at "realistic levels." The organization cites Minnesota, for Subcommittee on Oceanography, Oct. 29, 1985. example, a State whose historic preservation staff is most interested 74Editor's Column, "Listing Ships," Preservation News, June 1986. 35 vey covers one maritime resource category out Shipwreck Reference File as a possible model. of eight identified, namely, preserved historic The Texas file is based on information culled from vessels over 40 feet long, and over 50 years old both historic and contemporary sources such as (table 8). maps and field reports. It should help determine Certain types of maritime historical resources the locations of unidentified wrecks. The file has are addressed under current HABS/HAER (His- been useful in justifying the employment of non- toric American Engineering Record) standards destructive surveys in the face of potentially de- and guidelines for documenting and recording structive Federal activity, such as dredging or structures and buildings. Prehistoric and historic harbor facility expansion. Since 1972, the Com- shipwrecks and other vessels are not. Neither are mission has listed over 1,000 shipwrecks, of they addressed by standards or guidelines for res- which approximately one-half have proved his- toration, conservation, or maintenance. Such tori C. 75 standards and guidelines are planned under the The State of Maryland has begun a survey of National Maritime Initiative, as well as guide- its maritime resources. As noted earlier, the books on national inventory format to serve Fed- Chesapeake Bay Watercraft Survey, completed eral agencies, State Historic Preservation Offices, in 1982, led to the nomination of the Skipjack historical societies, preservation constituencies, fleet to the National Register. The Patuxent River and others. This level of technical assistance, Project, which was begun in 1978, has gathered along with the publication, National Register physical and documentary information in a sys- Bulletin #20, "Nominating Historic Vessels and tematic survey that has included shipwrecks, Shipwrecks to the National Register of Historic wharfs, ferry landings, and inundated shore areas. Places," is designed to increase National Regis- The project has carried out an oral and visual his- ter listings of maritime resources. torical documentation of the maritime heritage A stated objective under The Maritime Initia- along the river and created an exhibit of artifacts tive relates to closer interaction between the Fed- representing the commercial fishing activities eral Government and the States in correcting defi- throughout the estuary.76 ciencies in cultural resource inventories. Both levels of government have neglected underwater 75]. Barto Arnold, III, "Underwater Cultural Resource Manage- archaeological and maritime resources in their ment: The Computerized Shipwreck Reference File," Underwater inventories. All inventories will be computerized Archaeology: The Proceedings of the Eleventh Conference on Un- derwater Archaeology, Calvin R. Cummings (ed.), (San Marino, CA: eventually. Government agencies now have a Fathom Eight, 1982) pp. 85-95. chance to develop fully compatible databases, 76Ralph E. Eshelman, Calvert Marine Museum, personal commu- and might examine the efforts of the Texas State nication, 1987. Antiquities Commission to computerize their TECHNOLOGY, UNDERWATER ARCHAEOLOGY, AND MARITIME PRESERVATION Although haphazard and unpredictable, a va- which sank around 1200 B.C. in Cape Gelidonya riety of simple techniques and random searches and on several wrecks near Yassi Ada that date have yielded many important underwater ar- from the fourth and seventh centuries A.D.79 chaeological finds through the years, particularly The "high technology" on which underwater in northern Europe, the Mediterranean Sea, and archaeology is most dependent includes a group more recently in the waters off the States of Texas of highly sophisticated, costly,80 locational instru- and Florida. Some of these strategies have in- ments designed primarily for the oil and mineral cluded interrogating local divers and fisherman extraction industries and military missions-side- or operating hand-held coring devices from small scan sonar, sub-bottom profiler, proton magne- boats. As early as 1664, only 30 years after the tometer, and remotely operated vehicles (ROVs). sinking of the Wasa in Stockholm Harbor, Hans These technologies have opened up vast areas Albrekt von Treileben of Sweden and Andreas for exploration previously unavailable to ar- Peckell, a German salvor, employed a primitive chaeologists, particularly in the deepest parts of diving bell to recover artifacts from the wreck. the oceans. Of course, technological applications Struggling in 100 feet of bitterly cold black water, extend beyond the search and identification the pair recovered many items, including 30 phases of any underwater archaeological or mar- bronze cannon, each weighing between I and itime preservation project. They also encompass 2 tons. It was an underwater technical feat that preliminary research, excavation, mapping, re- was not matched until the end of the 19th cen- cording, documentation, restoration and stabiliz- tury.77 ing sites in situ, as well as conserving recovered In the early 1940s, Jacques Yves Cousteau and cultural materials. Although the solutions to sav- Emile Gagnan perfected the aqua-lung with its ing delapiclated historic floating vessels, under at- self-contained underwater breathing apparatus tack from neglect and weather, do not require (SCUBA). It was a revolutionary improvement complicated technology, they are nevertheless over bulky, restrictive hard-hat diving gear, which expensive because they are generally labor in- could not permit genuine archaeological activ- tensive and require special training. ity. Since the end of World War 11, SCUBA, port- able and easy to use, has permitted the kind of Technology Transfer underwater mobility necessary to archaeologists. It has also made more of the world's waterways For the most part, advances in the locational accessible to treasure hunters, and collectors of technologies applied to preservation have been antiquities .78Not until the 1960s was the utility driven by the oil, gas, and minerals industries and of SCUBA in over 30 meters of water tested and the Federal Government, rather than by under- proper excavation and site recording carried out. water archaeologists, whose budgets are mod- A University of Pennsylvania Team led by George est.81 The tailoring of those technologies to ar- Bass demonstrated the effectiveness of SCUBA chaeological requirements has occurred largely and pioneered the development and application through the efforts of professionals in the oil and of technologies for use both underwater and in mineral business, geophysical survey, or the U.S. the conservation lab. They were first employed Navy who possess keen personal interest in solv- in a series of research and excavation projects off the coast of Turkey on a Bronze Age ship 79George F. Bass, Archaeology Beneath the Sea (New York, NY: Walker & Co., 1975). 8OSee Technologies for Prehistoric and Historic Preservation for examples of equipment costs, p. 155. 81The relatively high costs of these technologies deter underwater 7'Anders Franzen, Vasa: The Strange Story ofa Swedish Warship archaeology. For an overview of what these costs can be, see U.S. From 1628 (Stockholm: Bonniers-Norstedts, 1963). Congress, Office of Technology Assessment, OTA-E-319, Technol- 78Keith Muckelroy, Maritime Archaeology (Cambridge, MA: Cam- ogies for Prehistoric and Historic Preservation (Washington, DC: bridge University Press, 1978). U.S. Government Printing Office, September, 1986), p. 155. 36 37 ing marine technological problems. They have, able technologies or the development of new at times, donated equipment and services to ones to meet selected needs. Such a progression underwater archaeological projects throughout is rarely followed in archaeology, a highly spe- the world. Some adaptations are also sparked by cialized discipline chronically short of funds to archaeologists who keep abreast of technologi- support systematic R&D efforts. cal trends. In addition, as their field grows in com- Experts contacted by OTA cautioned that the plexity, more archaeologists have realized the latest underwater locational devices cannot, of value of acquainting themselves with the capa- themselves, ensure project success. Some users bilities and limitations of available scientific and often select equipment because it is available, not engineering technologies. Technological devel- because it is appropriate, or they lack the train- opments must generally be subsidized by grants ing and experience to operate it properly. "Run- because underwater archaeology has not proved ning a sonar search with inadequate navigational a strong enough market for generating commer- control ... could lead to failure ... both too cial innovations in technology. As one participant much or too little technology can be a prob- in the OTA study noted, "there is a hit-or-miss lem .1182 aspect to all of the above ... Technology will be transferred if someone is interested or an ar- chaeologist reads the right journal." Ideally, a log- 82Charles Mazel, "Technology for Marine Archaeology," Ocea- ical progression governs the modification of avail- nus, vol. 28, No. 1, spring 1985, pp. 85-89. TECHNOLOGIES FOR SURVEY, IDENTIFICATION, NAVIGATION, EXCAVATION, DOCUMENTATION, RESTORATION, AND CONSERVATION Preliminary research undertaken carefully be- netic tape for post-processing and analysis. The fore any project can save time and money, and signals produce excellent images of the floor's to- also provide a focus for applying technologies in pography, including structures and shipwrecks, the field and a basis for evaluating cultural sig- but cannot detect materials covered by sedi- nificance. Developments in various kinds of ar- ments. The side-scan sonar can cover wide areas chival technology, for example, can make rec- of the ocean bed, enabling the quick and ac- ord searches more efficient and cost-effective, curate mapping of such geological phenomena although they have not yet been brought to bear as drowned river systems. It is portable, battery- on the types of widely scattered information of powered, and can be operated from small boats value to underwater archaeologists and maritime to enable searches in difficult or remote loca- preservationists. tionS.83 As noted under Major Issues, underwater The sub-bottom profiler84 uses low-frequency archaeologists require a substantial array of tech- sound (3.5 to 12 kilohertz) to penetrate ocean nologies to work in often difficult and perilous bottom sediments. It directs acoustical signals conditions. These help them find, record, and re- downward beneath its towing vessel. Where dif- cover components of submerged cultural sites ferent layers of sediment meet, some fraction of and cope with formidable limitations on breath- the incident acoustic energy is reflected to the ing, seeing, moving, and communicating in fre- vessel, while the rest continues downward. The quently'cold, dark, rough, and turbid envi- device generates a cross-sectional view of the ronments. oceanfloor on strip charts, revealing sediment layers and underlying bedrock. Buried hulls7show Identification and Survey up as localized anomalous reflections below the bottom. Resolutions of less than a meter are pos- Surveys made with the first three of the four sible. Sub-bottom profilers, designed originally for following remote sensing methods result in elec- use in deep water can now operate in as little tronic records, patterns of images, or signals in as 3 meters of water. Because they cover only either analog strip charts or digital records. These narrow paths, they must make many closely images indicate both normal and anomalous bot- spaced sweeps per survey tract. tom and sub-bottom phenomena. As in land ar- Magnetometers sense magnetic field anoma- chaeology, the character of sources of anoma- lies created by ferrous materials on the ocean- lous signals can only be determined through floor. Therefore they can only locate shipwrecks examination in situ. It is important for underwater and other historic sites containing such metals. archaeologists to continue building a "catalog" Their ma or shortcoming is that they must remain of representative signals matched with specific i anomalous image sources in order to examine relatively close to their target because its mag- and test new underwater contexts such as estu- netic field attenuates rapidly as the distance aries and deep water more effectively and effi- between them and magnetometric sensors in- ciently. creases. Magnetometers cannot easily trace weak signals or anomalies, such as those detected from The side-scan sonar sends out acoustic fre- under sediments, to their sources. Greater use quency signals from a torpedo-shaped towfish lo- cated beneath a survey ship. Reflected signals re- ceived by the towfish then travel through the tow 81C.J. Ingram, "High-Resolution Side-Scan Sonar/Sub-bottom cable, and are processed on board the survey ves- Profiling to 6,000 Meter Water Depth," paper presented at the Pa- cific Congress on Marine Technology, Hawaii, Mar. 24-28, 1986. sel in a graphic recorder, which produces hard- 84Milton B. Dobrin, Introduction to Geophysical Prospecting (New copy output. They can also be recorded on mag- York, NY: McGraw-Hill, 1976.) 38 39 7,77@,;'711 77 @N@-@ -;Q 114i N 1-M Photo credit., Garry Kozak, Klein Associates Side-scan sonar of the The Atlantic, a wooden side-wheel U.S. steamship sunk in 1852, in the Canadian waters of Lake Erie. The ship rests nearly upright, 160 feet below the surface. Because it lies in cold, freshwater, it is remarkably well-preserved. of airborne magnetometry could lead to faster, needs of the military and oil, gas, and minerals broader, and more accurate coverage within sur- exploration companies, they are replacing human vey perimeters. divers in a great many underwater tasks. They can Remote sensing from aircraft and space, when remain submerged for weeks to survey huge areas of the oceanfloor. For example, the historic it is refined to penetrate more deeply below the discovery of the wreck R.M.S. TitaniC87 in April water's surface, could be applied to underwater 1986 was achieved through an unmanned craft, archaeological site identification and manage- the Argo, tethered to a ship by 13,000 feet of ca- ment, as it has been to hydrography.85 ble. Outfitted with television cameras, high- Remotely operated vehicles have been u nder- powered lights, and sonar scanners, it revealed going rapid change and development, going new information about an environment that had deeper to bring clearer pictures than ever before previously been closed to archaeological re- of the seabed.86 Developed in response to the search. The Titanic was later explored by a manned vehicle, the Alvin, and a remotely oper- ated craft, Jason, Jr. in an attempt to gather visual 85J. Barto Arnold, 111, "Remote Sensing in Archaeology," The In- ternational joumal of Nautical Archaeology and Underwater Ex- ploration, 1981. 86Craig T. Mullen, Eastport International, Inc., personal commu- "RobertD. Ballard, "HowWe Found the Titanic," NationalGeo- nication, 1986. graphic vol. 168, 1985, pp. 696-722. 40 and other data on the wreck's condition.811 The U.S.S. Monitor has been surveyed by the Navy's Deep Drone, a highly sophisticated ROV that was also used in the recovery of the remains of the Challenger space shuttle.119 Information technologies make a substantial contribution to research and management of maritime and underwater cultural resources. Al- though the various technologies for archiving, retrieving, and manipulating the many research and historical records related to underwater ar- chaeology and maritime preservation are not unique to these subjects, they are an integral part of the preservation process. Of particular inter- est to underwater archaeologists and maritime preservationists are automated databases, and the use of optical disks for the storage and retrieval of both visual and textual information. Both tech- nologies require the extensive use of computers to be effective.90 Navigation Archaeologists can acquire a variety of navi- gation tools, depending on the nature of their 1111' search and desired accuracy. In the coastal waters of the United States, the LORAN-C system main- tained by the U.S. Coast Guard enables site relo- Photos copyright National Geographic Society cation within around 10 meters. Microwave posi- (Above) Diver surfaces with SHARPS 30OKhz sound source. (Below) SHARPS image (Copyright, Applied tioning systems allow "repeatable fixes" within Sonics Corp.) of the remains of the Henrietta Bach were 3 meters or less. Space-based navigation systems constructed in less than an hour and were accurate to allow positions to be fixed within several within an inch. meters.91 A new satellite-based navigation and position- Gulf of Mexico, out to around 600 nautical miles. ing system known as Starfix, a joint venture be- Originated for civilian marine use, primarily by tween John E. Chance & Associates and Analyti- the oil exploration industry in drill rig situating, cal Technology Laboratories, is now available. pipeline laying, and geophysical prospecting, This system allows accuracies of better than five Starfix is the first privately developed satellite posi- meters throughout the lower 48 States, includ- tioning system. Starfix offers continuous cover- ing both Atlantic and Pacific coastlines and the age, 365 days per year in all types of weather. Sonic High Accuracy Ranging and "Walter Sullivan, "Manned Sub Descends To View the Titanic," Positioning System (SHARPS) New York Times, July 15, 1986, p. Cl. "Michael D. Lemonick, "Probing the Monitor with a Deep This system is a new, extremely rapid, and Drone," Time, June 22, 1987, p. 77. 10See U.S. Congress, Office of Technology Assessment, OTA-E- highly accurate means of achieving detailed maps 319, Technologies for Prehisto'ric and Historic Preservation (Wash_ of shipwreck sites. It represents a technological ington, DO U.S. Government Printing Office, September 1986), advance over the usual method of charting a Sub- ch. 5, for a discussion of preservation information technologies. "'Charles Maze[, "Technology for Marine Archaeology," Ocea- merged area, in which investigators establish a nus, vol. 28, No. 1, spring 1985, pp. 87. hand-placed grid comprised of plastic lines or 41 --- MEMO NOW- Owl Or Photo credit., Ray A. Williamson Coffer dam around shipwreck site, Yorktown Archaeological Project. tf 7 r v 4 Photo credit., Kevin Crisman, Yorktown Archaeological Project Yorktown Shipwreck Archaeological Project Shipwreck. 42 tubing, stretched from a series of posts, over a even in relatively calm, shallow water. Specially wreck to enable the hand calculation of thou- designed coffer dams such as that developed for sands of reference points. The usual approach the Yorktown Archeological Park in Yorktown, can take months or even years to complete, is Virginia (box H), are improving the ability of labor-intensive, and can be dangerous in deep divers to find their way in heavily silted waters. water because of diver's susceptibility to nitro- In Yorktown, excavation of an 18th century ship- gen narcosis or "the bends." In the deepest wreck is carried out within a steel enclosure filled waters, it can be virtually impossible. with river water that is clarified by commercial SHARPS involves setting up around a site three filtration units. electronic transm itte r- receivers. These transmit- SCUBA Diving ter-receivers detect signals from an electronic gun held by a diver at points the diver wishes to meas- As noted earlier in this background paper, ar- ure. When the diver pulls the trigger, the points chaeologists make extensive use of SCUBA div- are recorded by computer on shipboard. This ing equipment and techniques for exploring and technique allows accuracies to within less than excavating sites in shallow waters. half an inch. The system enables archaeologists to outline vessels and artifacts, create two and Deep Sea Diving three-dimensional maps, and label objects.92 The use of saturation divers and deep-diving systems to collect samples at depths totally un- Excavation and Documentation attainable to conventional divers has been a ma- Individuals exploring the sea bottom have a jor technical innovation. Saturation divers are wide array of technologies at their disposal. Deep- now able to work at extreme depths for pro- water technologies such as tethered and free- longed periods. Bottom times are no longer a roaming ROVs and saturation diving could ex function of depth, as they are with SCUBA div- ert a profound effect on data recovery in under- ing, and each dive can last for many hours in- water archaeology and maritime preservation. stead of minutes. Breathing an atmosphere of mixed helium-oxygen, divers can attain depths Underwater Excavation Technologies of over 1,000 feet, although decompression after- ward may require several days. Habitats, lockout These techniques range from the extremely submersibles, and tethered deep-diving systems simple, such as hand-fanning, to the complex, deploy saturation divers to their destinationS.93 such as controlled blasting, and include the use of blowers, prop wash deflectors, air hammers, Remotely Operated Vehicles (ROVs) and chisels. Excavation required in dark or ROVs also have an important role in gather- "black" water is extremely difficult to carry out, ing data, and can be used to collect samples or to photograph or videotape a wreck site. Scor- 9'Recently, a research team completed several experiments in pio, a particular type of new ROV, 94 is now be- the Chesapeake Bay demonstrating that placing grids and artifacts can be done as much as a thousand times more quickly through ing equipped with remotely controlled manipu- the use of a small shipboard computer and electronic mapping gun. lators. ROVs are now capable of achieving depths Emory Kristoff of the National Geographic and associate, Donald Shommette, with over 1,200 reference points, mapped the remains of an 1883 oyster boat located in the shallow waters near the mouth of St. Leonard's Creek in Calvert County, Maryland, in 1 hour. Pre- vious methods would have required about 6 weeks for the same results. The researchers assert that SHARPS can change the field of underwater archaeology, putting all sites within easier reach. This technology is the product of government and private sector cooperation, and was developed with the participation of the U.S. Navy, NOAA, several Maryland State agencies, and the National "Otto Orzech, Scripps Institution of Oceanography, personal Geographic Society. See The Washington Post, Science Notebook, communication, 1986. "Reading Tales of Shipwrecks," Susan Okie and Philip J. Hilts, Mar. "Jonathan B. Tucker, "Submersibles Reach New Depths," High 23, 1987, p. A3. Technology, February 1986. 43 Box H.-Applications of Technology on the Yorktown Shipwreck Archaeological Project The Yorktown Shipwreck Archaeological Project has provided an excellent test site for applications of technology to underwater archaeology. From the intial surveys to the current full-scale excavation, ad- vanced technology has been applied in all phases of the project. During the period 1976-1979 the project team conducted a series of remote-sensing surveys in the York River using a variety of positioning system s-side-sca n n i rig and bottom-penetrating sonars and mag- netometers. These surveys, followed by hands-on inspection by archaeologists, resulted in the location and mapping of nine shipwrecks from the 1871 Battle of Yorktown, including the 44-gun British warship HMS Charon. Throughout the survey period, investigations were hampered by hostile site conditions. Nor- mal visibility in the York River is usually less than 1 foot. Strong currents and stinging jellyfish added to the difficulty of working in the river. In order to offset adverse site conditions and to permit more thorough and accurate documentation, funds were obtained for the construction of a steel enclosure, or cofferdam, around the best-preserved of the Yorktown shipwrecks. The cofferdam allows the enclosed water to be filtered and clarified, utilizing a commercial filtration system, thus improving speed, accuracy, and efficiency, and permitting a photo- graphic record of the site to be made. The filtration process increases the visibility inside the protective coffer dam to more than 20 feet. A pier connecting the cofferdam to the shoreline, just under 500 feet away, permits visitors to observe the work in progress and to learn, from staff interpreters, the importance of maritime preservation and the Yorktown shipwrecks. This is the first such project in the world. As excavation has proceeded, the staff continues to employ additional advanced technology. Meas- urements are made using three tape measures, with the resulting data converted to cartesian coordinates by a micro-computer program. Recently, the cofferdam was the site for the first field test of a new sonic positioning system, called SHAR/PS. This system allows a diver to record hundreds of data points, in three dimensions, accurate to a centimeter, on a single dive. Advanced Marine Enterprises, Inc., a naval ar- chitectural firm, is using their computer-aided design (CAD) system to analyze, record, and plot hull and artifact remains. Efforts are currently underway to mate the two systems, thus allowing site locational data to be fed directly into the CAD system for analysis and plotting. This system should allow field data to be analyzed and plotted on publication-quality drawings within days of initial recording. Although visibility in the cofferdam now reaches as much as 30 feet, many of the techniques being developed there, including the SHAR/PS system, will be even more effective in poor-visiblity conditions. SOURCE: John D. Broadwater, commonwealth of Virginia, Department of Conservation and Historic Resources, 1987. of up to 13,000 feet and are armed with special- versely with the envi,ronment after recovery."96 ized work packages capable of cleaning oil rig Participants in the OTA study agreed that no sub- platforms and recovering a vast array of objects.'15 merged site should be excavated unless archaeol- ogists can guarantee the proper conservation of Conservation the recovered materials. The conservation and protection of underwater cultural resources, like Conservation is "the documentation, analysis, other underwater archaeological procedures, cleaning, and stabilization of an object ... to tend to be expensive, require specialized knowl- protect the artifactual, faunal, and other archaeo- edge and facilities, and are complex and time- logical material and prevent their reacting ad- consuming. Concreted metal, waterlogged wood, "The University of New Hampshire owns possibly the most ad- vanced ROV, EAVE-EAST, autonomous, outfitted %%ith five 96D. L. Hamilton, "Conservation in Nautical Archaeology," Un- microprocessors to sense data on altitude, depth. obstacles. and derivaterArchaeology: The Challenge Before Us, The Proceedings power consumption. Research continues to impart greater dexteritv of the Twelfth Conference on Underwater Archaeology, Gordon of manipulation and better systems for autonomy. P. Watts, Jr., (ed.) (San Marino, CA: Fathom Eight 1981). 44 and other organic materials such as leather or fab- Even thoroughly stabilized materials re- ric begin almost instantaneously to deteriorate main extremely fragile. Polyethylene glycol when exposed to the open air after having been is the commonly used wood consolidant and submerged or buried under sediments. They must is very costly. However, recent successful ex- be immediately reintroduced to water, via hold- periments using sucrose promise to lower ing tanks, or wet-packed for transport to perma- some stabilization costs. Sucrose is very in- nent conservation facilities. expensive and seems highly stable.911 In the United States there is a shortage of con- Combined Conservation and Documenta- servation facilities as well as a dearth of trained, tion.-This approach involves stabilizing all competent conservation personnel to deal with s.mall, portable waterlogged cultural mate- the ever-increasing numbers of cultural materi- rials and documenting large objects such as als being recovered from the deep. Some suc- the hull; it dramatically reduces conservation cessful conservation must rely, in large measure, costs. Though a significant amount of study on the services of volunteers working under su- is still feasible, some technical knowledge is pervision. In addition, many projects are directed lost. However, articles must still be housed by non-research-oriented organizations and in- in properly staffed conservation facilities. For dividuals whose ignorance of appropriate con- example, the State of Maine conserved the servation methods ultimately destroys recovered small artifacts recovered from the Defence" materials. and documented the hull through drawings for only $20,000. The Canadian Government The following approaches represent the range conserved all the small objects from the San of conservation treatments available: Juan, molded sections of the hull, and recorded the remaining sections with draw- Full-Scale Conservation. -This approach calls i ngs. 100 for the stabilization and continuing care of Conservation Through Technology.-This all waterlogged objects, including ship's technique, as yet unadopted, would involve hulls. This is the most complex and expen - recording all small artifacts with holographic sive method, but permits scholars and the techniques and all large artifacts through public to examine thoroughly historic ship- molding and documentation and require building techniques and any culturally sig- only holding areas and seasonal conserva- nificant contents. This approach necessitates tion staffs. The host institution's commitment fully staffed conservation facilities with highly would be minimal because its staff can eas- controlled environments (humidity, temper- ily transport and store all information.-A ature, light, etc.). Conservation processes are drawback to this controversial approach is time-consuming and tedious and demand a that it does not yield any tangible artifacts. long-term commitment on the part of any No Action.-This approach leaves sites su b- agency or institution. that assumes the merged or buried beneath the seafloor. De- responsibility for applying them. terioration of shipwrecks and other objects For example, the Swedish Government is slow and advances in conservation tech- has assurnedresponsibility for the Wasa for th.e past 26 years at a cost of over $20 mil- nologies may significantly improve our ability lion. The Mary Rose Trust is in the early to conserve artifacts taken from a submerged stages of conservation of the Mary Rose. The environment. Currently, this approach post- pones the detailed acquisition of knowledge Mariner's Museum in Newport News, Vir- ginia, has taken on the Ronson Ship bow 18See James M. Parent, "The Conservation of Waterlogged Wood using private fund S.97 Using Sucrose," Proceedings of the 14th Conference on Under- water Archaeology, Calvin Cummings (ed.) (San Marino, CA: Fathom Eight, 1986). "After they completed drawings of the vessel, archaeologists re- buried her in situ, using sandbags to hold her in place. 91Sheli Smith, Mariner's Museum, Newport News, VA, personal 10OSheli Smith, Mariner's Museum, Newport News, VA, personal communication, 1986. communication, 1986. 45 about a site. Future technologies might en- able the analysis and interpretation of cer- tain buried underwater archaeological com- ponents in situ. For example, the Turkish Government has left several shipwrecks at Yassi Ada to be investigated in future years. The State of Maine selected one ship for study after a survey of the entire Revolution- ary War Penobscot fleet. The Commonwealth of Virginia reburied the Revolutionary War period Cornwallis Cave wreck in anticipa- tion of more information on the scuttled Brit- ish fleet. These alternatives represent different emphases in terms of costs, commitment, and conservation facility readiness and capability. Realistic consid- eration of the pros and cons inherent in each of the above conservation methods should be ex- plicitly reflected in project research plans. Other- 'n' "_g wise, archaeological investigations will result in only unsatisfactory data bases and poorly con- served artifacts. Photo credit: National Trust for Historic Preservation Technicial conserving bottle taken from shipwreck, Maine Maritime Museum, Bath, ME. FEDERAL POLICY TOWARD UNDERWATER ARCHAEOLOGY AND MARITIME PRESERVATION The Federal Government is responsible for pro- tation of the Nation's coastal zones has intensi- viding leadership in preserving the Nation's pre- fied and threatens wholesale obliteration of sig- historic and historic structures, objects, land- nificant sites before they are even recorded. scapes, and archaeological sites. This section However, this initiative is limited to objects of outlines several options for improving its efforts maritime interest, for example, commerce, war- to preserve and protect submerged cultural and fare, and navigation. Yet, as noted in the previ- maritime cultural resources. ous section, the resource base requiring atten- tion is far broader. Archaeologists and historians National Park Service would welcome an initiative that would aggres- sively identify, study, and manage non-maritime As the lead agency in providing technical pres- submerged sites. Such sites would include, for ervation assistance, NPS could focus far greater example, historic and prehistoric habitations and attention than it has on the identification, evalu- work areas located within little-studied environ- ation, and protection of submerged cultural and ments such as estuaries. maritime resources. it could, for example, de- velop and articulate a clear national policy to The National Historic Preservation Act guide the preservation of maritime and under- water cultural resources and coordinate NIPS pro- The National Historic Preservation Act contains grams for preserving these elements of the coun- no impediment to the identification and protec- try's history. In recently creating the position of tion of underwater archaeological and maritime Maritime Historian, the Service has highlighted historical sites; neither does it specifically men- the importance and visibility of its maritime pro- tion them. 102However, having no explicit refer- grams and created a means by which such pol- ence to maritime or underwater historical sites icy could be developed and clarified. allows agencies to overlook them in cultural re- In devoting increased attention to the health source planning. Some preservationists have sug- of maritime and submerged cultural resources gested that it may be appropriate to amend the NPS could place greater emphasis on the criti- National Historic Preservation Act to include cal role of technological applications. It could also these specific categories. Likewise, it may be do more to include underwater and maritime is- appropriate to amend Public Law 96-95 (16 sues in its publications series. The National Reg- U.S.C. 470aa et seq.) the "Archaeological Re- ister Bulletin #20, which gives uniform guidelines sources Protection Act of 1979" which outlines for nomination, should result in the listing of more the consequences of damaging, looting, and de- shipwrecks and other types of craft on the Na- stroying archaeological materials within public tional Register of Historic Places. "The National lands. This legislation does not explicitly indicate the underwater context or refer to submerged Register has been under utilized for maritime re- cultural resources, 103 though portions of ship- sources, particularly historic vessels." By 1976, the 10th year of the National Register Program, 102For example, see Sec. 101 (a)(1)(A): "The ISecretary of the In- only 44 vessels and 8 shipwrecks, 4 of which had terior is authorized to expand and maintain a National Register of been fully recovered, had been listed.101 As noted Historic Places composed of districts, sites, buildings, structures, earlier, of 45,000 properties on the Register only and objects significant in American history, architecture, archaeol- ogy, engineering and culture." 162 have been included. 103See Sec. 30): "The term 'archaeological resource' means any material remains of past human life or activities which are of ar- NPS attempts to address underwater archaeo- chaeological interest, as determined under uniform regulations logical and maritime historical matters under the promulgated pursuant to this Act. Such regulations containing such Maritime Initiative are timely. Commercial exploi- determination shall include, but not be limited to: pottery, basketry, bottles, weapons, weapon projectiles, tools, structures or portions 101james P. Delgado, "The National Register of Historic Places of structures, pit houses, rock paintings, rock carvings, intaglios, and Maritime Preservation," APT Bulletin, TheJournal of the Asso- graves, human skeletal materials, or any portion or piece of the ciation for Preservation Technology, vol. IX, No. 1, 1987, P. 35. foregoing items." 46 47 wrecks are mentioned in the final uniform regu- National Trust for Historic Preservation recom- lations [49 FR 1016]. Others have expressed con- mended that protective legislation for historic cern that including explicit reference to maritime shipwrecks be extended to the OCS, in order to or underwater historical sites would subject these bring that vast area under tighter management laws to unnecessary and potentially harmful ex- for the purposes of cultural conservation.' 05 perimentation. Participants in the OTA study suggested that the Congress may wish to address the need for Federal government undertake a review of State greater attention to maritime and underwater cul- programs to ensure that the public's interest tural resources by creating additional legislation would be served. Removal of the threat of ad- that specifically recognizes their importance. Al- miralty court from historic shipwrecks would be ternatively, Congress may wish to use its over- insufficient if States retain "business as usual" sight authority to encourage the inclusion of mari- commercial salvage programs. time and underwater archaeology concerns in the regulations and guidelines issued by Federal The National Maritime Initiative agencies that treat prehistoric and historic pres- ervation. As noted earlier in this background paper, Con- gress funded the National Maritime Initiative in The Abandoned Shipwreck Act its fiscal year 1986 appropriation for the National Park Service. Congress directed that a collabora- Under current law, shipwrecks are treated tive effort be established involving the National according to dual standards and are not afforded Park Service, the National Trust for Historic Pres- the same consideration and protection as are ar- ervation, and the "maritime preservation com- chaeological remains on dry land. If Congress munity" to begin . . . "to conduct a survey of wishes all classes of cultural resources to enjoy historic maritime resources (table 9), including full protection under the law, it could consider those of the Service; recommend standards and passing The Abandoned Shipwreck Act of 1987 priorities for the preservation of those resources; (H.R. 74 and S. 858). This legislation should end and recommend the appropriate Federal and pri- much of the courtroom fighting and maneuver- vate sector roles in addressing those priorities." 106 ing over ownership of and responsibility for historic shipwrecks. It would also relieve the 105Testimony of J. Jackson Walter, President of the National Trust States, desirous of preserving their underwater for Historic Preservation, before the Subcommittee on Oceanog- raphy of the House Committee on Merchant Marine and Fisheries, cultural resources, from having to sacrifice enor- April 21, 1987. mous sums out of decreasing financial resources 106Congressional Record, Oct. 10, 1984. p. 11922. on protracted legal actions.104 Federal historic preservation legislation has clearly been applied to such maritime cultural objects as lighthouses Table g.-Maritime Historic Resource Categories and land installations. It is not being applied to 1. Preserved historic vessels (more than 40 feet long, shipwrecks. As noted in Issue B, because ad- more than 50 years old) miralty law is being invoked in the case of this 2. Hulks (substantially intact vessels neither afloat nor particular resource, the States have been unable completely submerged) 3. Relevant documentation (logs, journals, nautical charts, to assert ownership of an especially vulnerable ship plans, and photographs) cultural asset. The result is that historic ship- 4. Aids to navigation (including life-saving and U.S. Coast wreck sites in the United States are suffering rapid Guard stations) 5. Marine sites and structures (canals, docks, wharves, attrition. Passage of the Act would remove his- ropewalks, waterfront warehouses, sail lofts, etc.) toric shipwrecks from the purview of admiralty 6. Small craft (less than 40 feet long, weighing less than courts and place them expressly under historic 20 tons) 7. Intangible cultural resources (traditional shipwright and preservation law. In hearings during the 99th rigging skills, oral traditions, sea music, folklore, etc.) Congress, the Department of the Interior and the 8. Maritime collections (parts of vessels, tools, artifacts, art, furnishings). 104 See Technologies for Prehistoric and Historic Preservation, for SOURCE: National Maritime Initiative: Phase One, A Report to the Congress of a discussion of historic preservation funding levels. the United States, prepared by the National Park Service, 1986. 48 r7_ d-Lin"" g rocess accurate: Uttes liffihW The, 0 of obtaining "Mea-su rements "of 4 15'6V& shape If ro,m4hic pro, in Lin rahar r4iy set-Op" 01, Wir ence system which musfiie,16i6d;66@sls t meas uremerttsAeyond-t im, "ispe are numerous,and tan ge, =ethods ftap e ar _6 e u Fe Tech" electronic and'p Qtogra _p Jp,,p, miat, -,Oaser distance. -.-rangin f long as.a methodlis@,jeo@meirically,- und',4n4' -U - I m I s acto%Y, sedaccuratelyWithinits'li itationssatif results are achievable., Hand, methods, ba I een., 'Used, most often,bec4iise of Y a-, low' cost. Lines lffting'h4s b6ein pria duced for c'en- turies' by andhobibyi@ts;-,'@-- 'CAL i6f hk -",@@Unes-- Airawingg.--k- ries, A4 pographic, maps,' oi@cpntours describing e COMP90-nd'@ ....... mIt' vprewcatt U he esjaw-l axes. Lines, n4y @hull.,Sha peari igivea"littleO-n! -th atthey, show- o no.indication of materials, fittings-,'-pr kai'.IOfdinadli@@'&nly 'he of-Ia vessel is show sipcesymmet g @,p I., j,,@ pp, _01 hand) side, 77, SOURCE: Rithard K. Anderson, Jr., Survey-Historic'Arrierican :f'nJgJn_eeriOg-Re@&fd- IHASP Photo credit: Richard K. Anderson, Jr., Historic American Buildings R 9' HAER),Natioh'atN-kS&Vice,',Oe,),3ona@,commontc roav,fl 1'987. SurveylHistoric American Engineering Record H W Lines lifting. Triangulations in process near the bow , I _`11 I of schooner Wawona, Seattle, WA. Phase I accomplishments to date include the fol- lowing: - drawings of the archaeological ly recov- undertaking an exhaustive literature search ered engine from the 1848 steamer Indi- in preparation for inventorying the nation's ana, the earliest extant marine steam en- maritime resources, including shipwrecks; gine in North America, which is listed in drafting guidelines for the documentation of the National Register of Historic Places; vessels as a resu It of projects completed by drafting guidelines to stimulate the nomina- the Historic American Buildings Survey/His- tion of maritime resources to the National toric American Engineering Record: Register of Historic Places for inclusion in - a 1985 lines lifting (box 1) of the 1897 National Bulletin #20. "How To Nominate schooner Wawona in Seattle, Washington, Historic Vessels and Shipwrecks." 107 For the listed in the National Register of Historic first time, maritime resources will be evalu- Places. A private interest group, North- ated according to uniform criteria; west Seaport, Inc., participated; completion of a computerized inventory of - a 1986 documentation of small sailing 250 preserved historic vessels over 50 years craft at Mystic, Connecticut with the Mys- old and more than 40 feet long. tic Seaport Museum, and the Calvert Ma- rine Museum at Solomons island, Maryland; 'O'National Park Service. 49 Among Phase 11 goals for fiscal year 1988 are National Survey of Maritime the following: Historic Resources �to continue the "maritime inventory"; If Congress wishes the national survey of �to conduct National Historic Landmark historic maritime resources to continue, it should Theme Studies for aids to navigation, Pacific continue to fund the National Maritime Initiative coast maritime history, Great Lakes maritime (table 10). As indicated previously, the first phase, history, etc.; and which focused on preserved vessels more than �to continue HABS/HAER documentation of 40 feet long and at least 50 years old, is complete. a major steamship and engine. However, seven other categories of maritime re- Center for Preservation Technology sources exist (table 9) and are poorly inventoried. Of possible interest to those engaged in devel- A federally supported center for preservation oping and institutionalizing a national survey of technology could make a major contribution to maritime historic resources is the International the development of technologies for the study Survey of Underwater Cultural Heritage being and preservation of underwater and maritime cul- sponsored by the United Nations Educational, tural resources. NPS could take the lead in exam- Scientific, and Cultural Organization, and man- ining which cost-effective technologies for the aged by the Scientific Committee of the World special requirements of underwater archaeology Confederation of Underwter Activities. The scope and maritime preservation such a center should of the project is worldwide and will include focus on. Candidate technology areas include sunken vessels, artifacts (table 11), and habita- survey, location, navigation, recording, and ma- tion sites from every period. It will also include terials conservation. NPS could assess, among all types of marine and inland underwater re- other things, the potential utility of a central tech- sources and review mechanisms for their protec- nical facility, or coordinated set of regional facil- tion, discuss the findings of recent investigations, ities, as the primary focus for the development and recommend areas for further research.109 of preservation technology and for intergovern- mental technology sharing. 109J.A. Gifford, M. Redknap, and N.C. Fleming, "The UNESCO International Survey of Underwater Cultural Heritage," WorldAr- Incentives for the Restoration and chaeology, vol. 16, No. 3, Sept. 1985, pp. 1-4. Rehabilitation of Floating and Dry-Berthed Vessels Since 1976, tax incentives have been available to owners of qualified, income-producing pri- vately-owned structures. These incentives have resulted in the preservation of many historic struc- Table 10.- Institutions and Agencies Participating tures all over the country, and have increased lo- in National Maritime Initiative Activities cal property values dramatically. It may be appro- priate to make similar tax incentives available for Association for Preservation Technology privately owned, income-producing floating and Calvert Marine Museum, Maryland Council of American Maritime Museums dry-berthed historic vessels. Such tax incentives Historic Naval Ships Association of North America would likely promote the protection of such his- National Maritime Museum Association, Inc. toric resources.108 Congress might also consider National Oceanic and Atmospheric Administration National Park Service providing incentives for encouraging salvors to National Trust for Historic Preservation follow established archaeological procedures in Northwest Seaport, Inc. excavating shipwrecks. Tri-Coastal Marine, Inc. .U.S. Navy U.S.S. Arizona Memorial Foundation, Inc. SOURCE: National Maritime Initiative: Phase One, A Report to the Congress of 108Editor's Column, "Listing Ships," Preservation News, June 1986. the United States, prepared by the National Park Service, 19136. 50 Table 11.-Artifacts Representative of Maritime Other Federal agencies could improve their at- Historical Collections tention to underwater archaeology and maritime Paintings preservation. For example, the National Oceanic Drawingstillustrations and Atmospheric Administration could develop Sculpture its own program-wide maritime archaeological Scrimshaw program, particularly if it intends to designate Large vessels Small craft more nationally significant cultural resources as Ship models National Maritime Sanctuaries. Federal agencies Canal-related objects could also give attention to developing a set of Maritime construction-related implemerrits Hunting/trappingifishing implements comprehensive data bases for underwater ar- Rigging/outfitting chaeology and maritime preservation. Ship equipment Forecastle artifacts/personal items Figureheads Needlework Macramaelrope work/knot work Sea shantiesifoc'sle songs River, lake, and canal-related music Dioramas Account books Builders' models Films Maps/charts Lighthouse lenses Tales/legends/stories Musical instruments Logs Diaries Manuscripts Letters Ships orders Records Recipes Prints Shipwrecks/hulls/remains Whaling artifacts Plans/blueprints Lifesaving equipment Oral histories Photographs Tape recordings SOURCE: National Trust for Historic Preservation. BIBLIOGRAPHY Albright, Alan B., "Shipwreck Legislation in South Cederlund, Carl Olof, The Old Wrecks of the Bal- Carolina: Blueprint for Pillage or Protection," tic Sea, Archaeological Recording of the Underwater Archaeology: The Proceedings of Wrecks of Carvel-Built Ships, vol. 186 (Oxford, the Fourteenth Conference on Underwater Ar- England: British Archaeology Reports, Interna- chaeology, Calvin R. Cummings (ed.) (San tional Series, 1983). Marino, CA: Fathom Eight, 1986). Cockrell, W.A., "Archaeology, Sports Diving, and APT Bulletin, The Journal of the Association for Shipwrecks," Underwater Archaeology: The Preservation Technology, vol. IX, No. 1, 1987, Proceedings of the Eleventh Conference on Marylee MacDonald (ed). (Note: entire issue Underwater Archaeology, Calvin R. Cummings is devoted to underwater archaeological and (ed.) (San Marino, CA: Fathom Eight Special maritime preservation issues.) Publication, 1982). Archaeological Artefacts Conservation Guidelines Cockrell, W.A., "Some Moral, Ethical, and Le- No. 1, Excavated Artefacts for Publication: UK gal Considerations in Underwater Archaeol- Sites, Archaeology Section, United Kingdom ogy," In the Realms of Gold: The Proceedings (London: Institute for Conservation, 1982). of the Tenth Conference on Underwater Ar- Arnold, J. Barto, III, "Remote Sensing in Ar- chaeology, Wilburn A. Cockrell (ed.) (San Mar- chaeology," The InternationalJournal of Nau- ino, CA: Fathom Eight, 1981). tical Archaeology and Underwater Exploration Delgado, James P., and A National Park Service (New York, NY: Academic Press, Inc., 1981). Task Force, Nominating Historic Vessels and Arnold, J. Barto, III, "An Airborne Magnetome- Shipwrecks to the National Register of Historic ter Survey for Shipwrecks and Associated Un- Places, National Register Bulletin #20 (Wash- derwater Test Excavations," In the Realms of ington, DC: National Park Service, 1987). Gold: The Proceedings of the Tenth Confer- Fisher, George R., Legal Considerations in Un- ence on Underwater Archaeology, Wilburn A. derwater Archaeology, National Park Service, Cockrell (ed.) (San Marino, CA: Fathom Eight, Southeast Archeological Center, Tallahassee, 1981). FL (paper presented at the annual meeting of Arnold, J. Barto, 111, "Underwater Cultural Re- the Society on Underweater Archaeology, Phil- source Management: The Computerized Ship- adelphia, PA, January 1976). wreck Reference File," Underwater Archae- Foster, Nancy, "National Marine Sanctuaries- ology: The Proceedings of the Eleventh Saving Offshore Ecosystems," Sea Technology, Conference on Underwater Arechaeology, Cal- November 1986. vin R. Cummings (ed.) (San Marino, CA: Franzen, Anders, The Vasa: The Strange Story of Fathom Eight, 1982). a Swedish Warship From 1628 (Stockholm, Arnold, J. Barto, 111, "The Platoro Lawsuit Revis- Sweden: Bonniers Norstedts, 1962). ited," Underwater Archaeology. The Proceed- Gagliano, Sherwood M., Project Director, Coastal ings of the Fourteenth Conference on the Pro- Environments, Inc., Cultural Resources Evalu- ceedings on Underwa ter A rchaeology, Ca I v i n ation of the Northern Cuff of Mexico Continen- R. Cummings (ed.) (San Marino, CA: Fathom tal Shelf (Washington, DC: U.S. Department Eight, 1986). of the Interior, National Park Service, 1977). Bass, George F., Archaeology Under Water (New Gagliano, Sherwood M., Pearson, Charles E., York, NY: Praeger, 1966). Weinstein 'Richard A., Wiseman, Diane E., and Bass, George F., Archaeology Beneath the Sea McClendon, Christopher M. (Coastal Environ- (New York, NY: Walker & Co., 1975). ments, Inc.), Sedimentary Studies of Prehistoric Bourque, Bruce J., Brooks, Stephen W., Kley, Archaeological Sites: Criteria for the identifi- Ronald, Morris, Kenneth, "Conservation in Ar- cation of Submerged Archaeological Sites of chaeology: Moving Toward Closer Coopera- the Northern Gulf of Mexico Continental Shelf, tion, Reports, -Society for American Archaeol- U.S. Department of the Interior, National Park ogy, 1980. Service, Washington, DC, 1980. 51 52 Geismar, Joan H., "Digging Into a Seaport's (Tucson, AZ: U.S. Department of the Interior, Past," Archaeology, January/February 1987. National Park Service, Southwest Cultural Re- Giesecke, Anne G., "The Best in State Historic sources Center, 1981). Shipwreck Programs," Proceedings of the Six- Lenihan, D.J., and Murphy, Larry, "Considera- teenth Conference on Underwater Archaeol- tions for Research Designs in Shipwreck Ar- ogy, Special Publication Series No. 4, The So- chaeology," Underwater Archaeology: The ciety for Historical Archaeology, Ronald L. Challenge Before Us, The Proceedings of the Michael (ed.), 1985. Twelfth Conference on Underwater Archaeol- Gifford, J.A., Reclknap, M., and Fleming, N.C. ogy, Gordon P. Watts, Jr. (ed.) (San Marino, "The UNESCO International Survey of Under- CA: Fathom Eight, 1981). water Cultural Heritage," World Archaeology, "Maritime Initiative," Forum Newsletter, Na- vol. 16, No. 3, September 1985. tional Trust for Historic Preservation, vol. 1, Gould, Richard A., Shipwreck Anthropology No. 1, August 1987. (Albuquerque, NM: University of New Mexico Mayes, Thompson M., "Current Legal Issues in Press, 1983). the Law of Historic Shipwrecks," A Memoran- Halsey, John R., "The Sack of the Inland Seas: dum for the Office of General Counsel (Wash- Shipwreck Plundering in the Great Lakes," pa- ington, DC: National Trust for Historic Preser- per presented at the 52nd Annual Meeting of vation, October 1986). the Society for American Archaeology, To- Mazel, Charles, "Technology for Marine Ar- ronto, May 17, 1987. chaeology," Oceanus, vol. 28, No. 1, spring Hamilton, Donald L., "Conservation in Nautical 1985. Archaeology," Underwater Archaeology: The McGrath, H. Thomas, Jr., "The Preservation of Challenge Before Us, The Proceedings of the the U.S.S. Cairo, Underwater Archaeology: Twelfth Conference on Underwater Archaeol- The Proceedings of the Eleventh Conference ogy, Gordon P. Watts, Jr. (ed.) (San Marino, on Underwater Archaeology, Calvin R. Cum- CA: Fathom Eight Special Publication, 1981). mings (ed.) (San Marino, CA: Fathom Eight, Hanson, Dennis, "The Tide is Turning for Old 1982). Beacons Adrift at Land's End," Smithsonian, Monarch '7890-1906, "Isle Royale National Park, vol. 18, No. 5, August 1987. Lake Superior, Michigan, Wreck Site Sketch Hickerson, Lynn, "Maritime Preservation a Pri- Map, Phase ll," National Park Service, 1986. ority Matter, But What Are the Priorities?" Muckelroy, Keith, Maritime Archaeology (Cam- Soundings, September 1985. bridge, England: Cambridge University Press, Historic Preservation, vol. 37, No. 2, April 1985. 1978). Klein, Martin, "New Capabilities for Side Scan Murphy, Larry, "Shipwrecks as Data Base for Hu- Sonar," Underwater Archaeology: The Pro- man Behavioral Studies," Shipwreck Anthro- ceedings of the Eleventh Conference on Under- pology, Richard A. Gould (ed.) (Albuquerque, water Archaeology, Calvin R. Cummings (ed.) NM: University of New Mexico Press, 1983). (San Marino, CA: Fathom Eight Special Publica- National Park Service, The National Maritime Ini- tion, 1982). tiative: Phase One: A Report to the Congress Lawson, Eric, "in Between: The Care of Artifacts of the United States (Washington, DC: U.S. De- From the Seabed to the Conservation Labora- partment of the Interior, 1986). tory and Some Reasons Why It Is Necessary," National Trust for Historic Preservation, Direc- Beneath the Waters of Time: The Proceedings tory of Maritime Heritage Resources (Washing- of the Ninth Conference on Underwater Ar- ton, DC: National Trust for Historic Preserva- chaeology, Texas Antiquities Publication No. tion, 1984). 6, J. Barto Arnold III (ed.) (Austin, TX: Texas National Trust for Historic Preservation, Preserved Antiquities Committee, 1978). Historic Vessels: A Categorized List by Context Lenihan, D.J., Carrell, T.L., Fosberg, S., Murphy, of Significance (Washington, DC: June 24, L., Rayl, S.L., and Ware, J.A., The Final Report 1986). of the National Reservoir Inundation Study 53 National Trust for Historic Preservation, Report Ryan, Paul R., "The Titanic Revisited," Oceanus, of the Committee on the Survey and Inventory vol. 29, No. 3, fall 1986. of Maritime Resources (Washington, DC: Jan- Shallcross, Douglas, and Giesecke, Anne, "The uary 1987). Status of Federal and State Regulation of National Trust for Historic Preservation, Stand- Underwater Cultural Resources: Lessons of the ards and Guidelines for Maritime Preservation: Treasure Salvors and Cobb Coin Cases," Un- A Review, May 1985. derwaterArchaeology. The Proceedings of the National Trust for Historic Preservation, Sug- Fourteenth Conference on Underwater Ar- gested Standards for the Management of Large chaeology, Calvin R. Cummings (ed.) (San Ma- Historic Vessels (Washington, DC: September rino,, CA: Fathom Eight, 1986). 1985). Shomette, Donald G., and Eshelman, Ralph E., National Trust for Historic Preservation, Task "A Developmental Model for Survey and In- Force Report on the Preservation of America's ventory of Submerged Archaeological Re- Maritime Heritage 1985-1990 (Washington, sources in a Riverine System: The Patuxent DC: December 1984). River, Maryland," Underwater Archaeology: O'Keefe, P.J., "Current Developments Regard- The Challenge Before Us, The Proceedings of ing Regulation of Marine Archaeology Outside the Twelfth Conference on Underwater Ar- Territorial Waters," Underwater Archaeology. chaeology, Gordon P. Watts, Jr. (ed.) (San Ma- The Challenge Before Us, The Proceedings of rino, CA: Fathom Eight, 1981). the Twelfth Conference on Underwater Ar- Stright, Melanie J., "The Future of Federal Cul- chaeology, Gordon P. Watts, Jr. (ed.) (San Ma- tural Resources Management on the OCS,- rino, CA: Fathom Eight, 1981). Underwater Archaeology. The Proceedings of Parent, James M., "The Conservation of Water- the Eleventh Conference on Underwater Ar- logged Wood Using Sucrose," UnderwaterAr- chaeology, Calvin R. Cummings (ed.) (San Ma- chaeology. The Proceedings of the Fourteenth rino, CA: Fathom Eight, 1982). Conference on Underwater Archaeology, Cal- Stright, Melanie, J., Federal Cultural Resources vin R. Cummings (ed.) (San Marino, CA: Management on the OCS; Problems and Po- Fathom Eight, 1986). tential (Washington, DC: U.S. Department of Pendleton, Edith, and Cox, Rachel, "Trouble the Interior, Bureau of Land Management, No- Down Below-Whose Treasure Is It?" Historic vember 1981). Preservation, vol. 37, No. 2, April 1985. U.S. Congress, Office of Technology Assessment, Preservation News, "Special Issue Saluting Our Technologies for Prehistoric and Historic Pres- Maritime Heritage," National Trust for Historic ervation, OTA-E-319 (Washington, DC: U.S. Preservation, June 1986. Government Printing Office, September 1986). Ruppe, Reynold, "Underwater Site Detection By Weimer, Douglas Reid, Legal Issues Relating to Use of a Coring Instrument" Beneath the Abandoned Shipwrecks, Congressional Re- Waters of Time: The Proceedings of the Ninth search Service, 1986. Conference on Underwater Archaeology, J. Barto Arnold III (ed.), Texas Antiquities Pub- lication No. 6 (Austin, TX: Texas Antiquities Committee, 1978). Depository Libraries ... Your Source 0 Government r Information from the Federal Government -. on subjects ranging from agriculture to zoology- is available at more than 1,380 Depository Libraries throughout the United States. 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