1998 Year of the Ocean Coastal Tourism and Recreation 



utilization of the shipwrecks; and recognize the interests of groups engaged in shipwreck 

 discovery and salvage. 



Antiquities Act of 1906 , 16 U.S.C. §§ 431 et seq. 



The Antiquities Act has two main components: (1) a criminal enforcement component, which 

 provides for the prosecution of persons who appropriate, excavate, injure, or destroy any historic 

 or prehistoric ruin or monument, or any object of antiquity on lands owned or controlled by the 

 United States; and (2) a component that authorizes, through the issuance of a permit, the 

 examination of ruins, the excavation of archeological sites, and the gathering of objects of 

 antiquity on lands owned or controlled by the United States. The Antiquities Act has been 

 applied in the marine environment. Where the United States has ownership or control of the 

 submerged lands in or on which submerged cultural resources are located, the Antiquities Act 

 permitting provision can be used to regulate salvage. It appears, however, that its reach may be 

 limited to regulating salvage only in marine protected areas in which the United States has the 

 authority to protect submerged cultural resources. 



Archaeological Resources Protection Act of 1979 (ARPA) , 16 U.S.C. §§ 470aa et seq. 



The Archaeological Resources Protection Act, is another historic preservation statute that has 

 been applied to the marine environment. ARPA was specifically designed to prevent looting and 

 destruction of archeological resources. Like the Antiquities Act, ARPA has both an enforcement 

 and a permitting component. The enforcement provision provides for the imposition of both 

 criminal and civil penalties against violators of the Act. ARPA's permitting component allows 

 for the recovery of certain artifacts consistent with the standards and requirements of the Federal 

 Archeology Program. While ARPA is applicable to the marine environment, its reach in this 

 context is limited. Pursuant to the express language of the Act itself, ARPA can only be applied 

 to such areas as national parks (with federally-owned submerged lands) and wildlife refuges. 

 Additionally, ARPA specifically states that it does not apply to activities occurring on the outer 

 continental shelf 



Coastal Barrier Resources Act (CBRA) , 16 U.S.C. §§ 3501 et seq. 



The purpose of the CBRA is to promote more appropriate use and conservation of coastal 

 barriers along the Atlantic, Gulf, and Great Lakes coastlines. Coastal barriers are defined as bay 

 barriers, barrier islands, and other geological features composed of sediment that protect 

 landward aquatic habitats from direct wind and waves. They provide essential habitats for 

 wildlife and marine life, natural storm buffer zones, and areas of scientific, recreafional, historic, 

 and archeological significance. The CBRA seeks to minimize the loss of human life, wasteful 

 federal expenditures on shoreline development, and damage to wildlife, marine life, and other 

 natural resources by restricting future federal financial assistance, establishing a coastal barrier 



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