[Weekly Compilation of Presidential Documents Volume 37, Number 3 (Monday, January 22, 2001)]
[Pages 195-196]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Statement on United States Policy for the Protection of Sunken Warships

January 19, 2001

    Thousands of United States Government vessels, aircraft, and 
spacecraft (``State craft''), as well as similar State craft of foreign 
nations, lie within, and in waters beyond, the territorial sea and 
contiguous zone. Because of recent advances in science and technology, 
many of these sunken Government vessels, aircraft, and spacecraft have 
become accessible to salvors, treasure hunters, and others. The 
unauthorized disturbance or recovery of these sunken State craft and any 
remains of their crews and passengers is a growing concern both within 
the United States and internationally. In addition to deserving 
treatment as gravesites, these sunken State craft may contain objects of 
a sensitive national security, archeological, or historical nature. They 
often also contain unexploded ordnance that could pose a danger to human 
health and the marine environment if disturbed, or other substances, 
including fuel oil and other hazardous liquids, that likewise pose a 
serious threat to human health and the marine environment if released.
    I believe that United States policy should be clearly stated to meet 
this growing concern.
    Pursuant to the property clause of Article IV of the Constitution, 
the United States retains title indefinitely to its sunken State craft 
unless title has been abandoned or transferred in the manner Congress 
authorized or directed. The United States recognizes the rule of 
international law that title to foreign sunken State craft may be 
transferred or abandoned only in accordance with the law of the foreign 
flag State.
    Further, the United States recognizes that title to a United States 
or foreign sunken

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State craft, wherever located, is not extinguished by passage of time, 
regardless of when such sunken State craft was lost at sea.
    International law encourages nations to preserve objects of maritime 
heritage wherever located for the benefit of the public.
    Those who would engage in unauthorized activities directed at sunken 
State craft are advised that disturbance or recovery of such craft 
should not occur without the express permission of the sovereign and 
should only be conducted in accordance with professional scientific 
standards and with the utmost respect for any human remains.
    The United States will use its authority to protect and preserve 
sunken State craft of the United States and other nations, whether 
located in the waters of the United States, a foreign nation, or in 
international waters.