50094 Federal Register / Vol. 55, No. 233, / Tuesday, December 4, 1990 / Notices

The priority now states that the RIE project exemplary practices in the use of school package are published in this issue of must “Develop and implement a procedure to exiting data in planning State transition the Federal Register. This consolidated validate exemplary programs * * * involving programs. individuals with disabilities and technical application package includes the closing experts in the validation process.” The [FR Doc. 90-28341 Filed 12-3-90; 8:45 am] dates, estimated funding, and Secretary believes that since the purpose of BILLING CODE 4000-01-M application forms necessary to apply for the RIEs is to implement program awards under one of these programs. replications, consumer organizations are Potential applicants should consult the involved as information targets to the extent DEPARTMENT OF EDUCATION statement of the final priorities they are involved in operating or facilitating program replications. The RIEs are not the published in this issue to ascertain the [CFDA Nos.: 84.133A, 84.133B, 84.133D, and substantive requirements for their primary mechanism for dissemination of 84.133E] rehabilitation information to consumer applications. organizations. Office of Special Education and The estimates of funding levels in this C han ges: None. Rehabilitative Services notice do not bind the Department of C om m ent: Several commentera urged that Education to make awards in any of the priority focus on assisted housing for these categories, or to any specific individuals with long-term mental illness was National Institute on Disability and too restrictive, and emphasized the need for Rehabilitation Research; Invitation for number of awards or funding levels, information in other areas. Some commentera Applications for New Awards Under unless otherwise specified in statute. have stressed that appropriate use of State Certain Programs for Fiscal Year 1991 Applicable Regulations data, especially school exiting data, is a key element in planning for transition programs, Note to Applicants The Education Department General and suggested that RIEs focus on this aspect This notice is a complete application Administrative Regulations (EDGAR), 34 of transition programs. package. The notice contains CFR parts 74, 75, 77, 80, 81, 82, 85, and Discussion: Priority areas for RIEs are 86; and the following program selected based on both the needs of service information, application forms, and delivery agencies and the availability of instructions needed to apply for a grant regulations: model projects that potentially could be under these competitions. NIDRR Research and Demonstration Program validated and replicated. Most of the published a consolidated application (CFDA No. 84.133A) 34 CFR parts 350 suggested additional priority areas in long­ package on August 1,1990 at 55 FR and 351. term mental illness are being addressed by 31318 for several programs in which Rehabilitation Research and Training the RRTCs, and the RRTCs have a strong there are no priorities. NIDRR also Centers (CFDA No. 84.133B) 34 CFR mandate to disseminate information. published a closing date notice on parts 350 and 352. However, the Secretary agrees that RIEs could contribute significantly to the August 23,1990 at 56 FR 34085 for State Knowledge Dissemination and resolution of transition problems by Grants for Technology-Related Utilization Program (CFDA No. 84.133D) identifying and disseminating model State Assistance for Individuals with 34 CFR parts 350 and 355. planning efforts. Disabilities under Public Law 100-407. Rehabilitation Engineering Centers C h an ges: The priority includes a specific The final priorities for the programs Program (CFDA No. 84.133E) 34 CFR requirement for the identification of included in this consolidated application parts 350 and 353.

Program Title: Research and Demonstration Appucation Notices for Fiscal Year 1991

Deadline for Estimated Estimated Project CFDA No. Program Title Funding Priority Transmittal of No. of Size of Award Per Period Applications Awards Year (Months)

84.133A. Research and Demonstration. Health Care Policy and Rehabilitation...... March 1, 1991 $175,000 36 National Job Coach Study...... March 1, 1991 175.000 36 Involving People With Psychiatric Disabil­ March 1, 1991 175.000 36 ities as Consumer Advocates in Voca­ tional Rehabilitation. National Study of Transition of Individuals March 1, 1991 175.000 36 with Severe Disabilities Leaving School. Alcohol and Substance Abuse as Barriers March 1, 1991 175.000 36 to Job Re-entry for Persons With Trau­ matic Brain Injury. Case Management in the Vocational Re­ March 1, 1991 175.000 36 habilitation of Persons With Psychiatric Disability.

Purpose: Research and Demonstration rehabilitation of individuals with (1) The proposed activity relates to Projects support research and disabilities. the announced priority; demonstrations in single project areas Selection criteria: The Secretary uses (2) The research is likely to produce on problems encountered by individuals the following selection criteria to new and useful information (research with disabilities in th,eir daily activities. evaluate applications under this activities only); These projects may conduct research on program: (3) The need and target population are rehabilitation techniques and services, (a) Potential impact of outcomes: adequately defined; including analysis of medical, industrial, Importance of Program (Weight 3.0). The (4) The outcomes are likely to benefit vocational, social, psychiatric, Secretary reviews each application to the defined target population; psychological, recreational, economic, determine to what degree— and other factors to improve the (5) The training needs are clearly defined (training activities only); Federal Register / Vol. 55, No. 233, / Tuesday, December 4, 1990 / Notices 58GS5

(6) The training methods and (9) The training content is service setting. developed subject matter are likely to comprehensive and at an appropriate (f) Program/project management; plan meet the defined need (training level (training activities only); of operation (Weight 2.0). The Secretary activities only); and (10) The training methods are likely to reviews each application to determine to (7) The need for information exists be effective (training activities only); what degree— (utilization activities only). (11) The new materials (if developed) (1) There is an effective plan of (b) Potential impact of outcomes: are likely to be of high quality and operation that insures proper and Dissemination/Utilization (Weight 3.0). uniqueness (training activities only); efficient administration of the project(s); The Secretary reviews each application (12) The target populations are linked (2) The applicant’s planned use of its to determine to what degree— to the project (utilization activities only); resources and personnel is likely to and achieve each objective; (1) The research results are likely to (13) The format of the dissemination (3) Collaboration between institutions, become available to others working in medium is the best to achieve the if proposed, is likely to be effective; and the field (research activities only); desired result (utilization activities (4) There is a clear description of how (2) The means to disseminate and only). the applicant will include eligible promote utilization by others are (d) Probability of achieving proposed participants who have been traditionally defined; outcomes: Key Personnel (Weight 4.0). underrepresented, such as— (3) The training methods and content The Secretary reviews each application (i) Members of racial or ethnic are to be packaged for dissemination to determine to what degree— minority groups; and use by others (training activities (1) The principal investigator and (ii) Women; only); and other key staff have adequate training (iii) Handicapped persons; and (4) The utilization approach is likely and/or experience and demonstrate (iv) The elderly. to address the defined need (utilization appropriate potential to conduct the (g) Program/project management: activities only). proposed research, demonstration, adequacy of resources (Weight 1.0). The (c) Probability of achieving proposed training, development, or dissemination Secretary reviews each application to outcomes; program/project design activity; determine to what degree— (Weight 5.0). The Secretary reviews (2) The principal investigator and (1) The facilities planned for use are each application to determine to what other key staff are familiar with adequate; degree— pertinent literature and/ or methods; (2) The equipment and supplies (1) The objectives of the project(s) are (3) All required disciplines are planned for use are adequate; and clearly stated; effectively covered; (3) The commitment of the applicant (2) The hypothesis is sound and based (4) Commitments of staff time are to provide administrative support and adequate for the project; and adequate facilities is evident. on evidence (research and activities (h) Program/project management: only); (5) The applicant is likely, as part of its non-discriminatory employment (budget and cost effectiveness (Weight (3) The project design/methodology is 1.0). The Secretary reviews each likely to achieve the objectives; practices, to encourage applications for employment from persons who are application to determine to what (4) The measurement methodology degree— and analysis is sound (research and members of groups that traditionally have been underrepresented, such as— (1) The budget for the project(s) is development/demonstration activities adequate to support the activities; only); (i) Members of racial or ethnic minority groups; (2) The costs are reasonable in (5) The conceptual model (if used) is (ii) Women; relation to the objectives of the sound (development/demonstration (iii) Handicapped persons; and project(s); and activities only); (iv) The elderly; (3) The budget for subcontracts (if (6) The sample populations are correct (e) Probability of achieving proposed required) is detailed and appropriate. and significant (research and outcomes: evaluation plan (Weight 1.0). development/demonstration activities The Secretary reviews each application Eligible Applicants only); to determine to what degree— Parties eligible to apply for grants (7) The human subjects are (1) There is a mechanism to evaluate under this program are public and sufficiently protected (research and plans, progress and results; private nonprofit and for-profit agencies development/demonstration activities (2) The evaluation methods and and organizations, including institutions only); objectives are likely to produce data of higher education and Indian tribes (8) The device(s) or model system is to that are quantifiable; and and tribal organizations. be developed in an appropriate (3) The evaluation results, where environment; relevant, are likely to be assessed in a Authority: 29 U.S.C. 761a and 762.

Program Title: Rehabilitation Research a n d Training Centers Application Notices for Fiscal Year 1991

Estimated Deadline for Estimated Project CFDA No. Program Title Size of Period Funding Priority Transmittal of No. of Awards Per Applications Awards Year (Months)

84.133B...... Rehabilitation Research and Rehabilitation of Blind and Visually-Im­ February 4, 1991...... 1 $650,000 60 Training Centers. paired Individuals. Rehabilitation of Deaf and Hard-of-Hear- February 4, 1991...... 1 650,000 60 ing Individuals. £3096 Federal Register / Vol. 55, No. 233, / Tuesday, December 4, 1990 / Notices

Purpose: Rehabilitation Research and (vi) The applicant assures that human training and experience in disciplines Training Centers conduct coordinated subjects, animals, and the environment required to conduct the proposed and advanced programs of are adequately protected; and activities; the commitment of staff time rehabilitation research, provide (3) The application discusses the is adequate to conduct all proposed training—including undergraduate, anticipated research results and activities; and the Center, as part of its graduate, and inservice training—to demonstrates how those results would nondiscriminatory employment research and other rehabilitation satisfy the original hypotheses and practices, will ensure that its personnel personnel, and assist individuals to could be used for planning future are selected for employment without more effectively provide rehabilitation research, including generation of new regard to race, color, national origin, services. hypotheses where applicable. gender, age, or handicapping conditions; Selection Criteria: The Secretary uses (c) Quality of the training and the following selection criteria to dissemination program (25 paints). The (2) The budgets for the Center and for evaluate applications under this Secretary reviews each application to each component project are reasonable, program. determine the degree to which— adequate, and cost-effective for the (a) Relevance and importance of the (1) The proposed plan for training and proposed activities; research program (20 points). The dissemination provides evidence that (3] The facilities, equipment, and other Secretary reviews each application to research resulte will be effectively resources are adequate and are determine to what degree— disseminated and utilized based on the appropriately accessible to persons with (1) The proposed activities are identification of appropriate and disabilities; responsive to a priority established by accessible target groups; the proposed (4} The plan of operations is adequate the Secretary and address a significant training materials and methods are to accomplish the Center’s objectives need of a disabled target population and appropriate; the proposed activities are and to ensure proper and efficient rehabilitation service providers; relevant to the regional and national management of the Center; (2) The overall research program of needs of the rehabilitation field; and the (5) The proposed relationships with the Center includes appropriate training materials and dissemination Federal, State; and local rehabilitation interdisciplinary and collaborative packages will be developed in alternate service providers and consumer research activities, is likely to lead to media that are usable by people with organizations are likely to ensure that new and useful knowledge in the various types of disabilities. the Center program is relevant and priority area, and is likely to become a (2} The proposed plan for training and nationally recognized source of dissemination provides for— applicable to the needs of consumers scientific knowledge; and (i) Advanced training in rehabilitation and service providers; (3) -The applicant demonstrates that research;, (6) The past performance and all component activities of the center (ii) Training rehabilitation service accomplishments of the applicant are related to the overall objective of the personnel and other appropriate indicate an ability to complete Center, and will build upon and individuals to improve practitioner skills successfully the proposed scope of complement each other to enhance the based on new knowledge derived from work; likelihood of solving significant research; (7) The application demonstrates rehabilitation problems. (iii) Training packages that make appropriate commitment and support by (b) Quality of the research design (35 research resulta available to. service the host institution and opportunities for points}.. The Secretary reviews each providers;, researchers, educators, interdisciplinary activities and application to determine to what disabled individuals, parents, and collaboration with other institutions; degree— others; and (1) The applicant proposes a (iv) Technical assistance or (8) The plan for evaluation of the comprehensive research program for the consultation that is responsive to the Center provides for an annual entire project period, including at least concerns of service providers and assessment of the outcomes of the three interrelated research projects; consumers; and research, the impact of the training and (2) The research design and (v) Dissemination of research findings dissemination activities on the target methodology of each proposed activity through publication in professional populations, and the extent to which the are meritorious in that— journals, textbooks, and consumer and [i] The literature review is appropriateother publications, and through other overall objectives have been and indicates familiarity with current appropriate media such as audiovisual accomplished. research in the field; materials and telecommunications. Eligible Applicants (ir) The research hypotheses are (d) Qualiity of the organization and important and scientifically relevant; management (20points). The Secretary Institutions of higher education and (iii) The sample populations are reviews each application to determine agencies collaborating with institutions appropriate and significant; the degree to which— of higher education, including Indian (iv) The data collection and (1) The staffing plan for the Center tribes and tribal organizations, are measurement techniques are provides evidence that the project eligible to apply for awards under this appropriate and likely to be effective; director; research director, framing program. iv) The data analysis methods are director, principal investigators, and Authority: 29 U.S.C. 762. appropriate; and other personnel have appropriate Federal Register / Vol. 55, No. 233, / Tuesday, December 4, 1990 / Notices 50097

Program T itle: Know ledge Dissemination and Utilization Application No tices for Fiscal Y ear 1991

Estimated Project Deadline for Estimated Size of Funding Priority Transmittal of No. of Period CFDA No. Program Title Award Per (Months) Applications Awards Year

36 64.133D...... Knowledge Dissemination Regional Information Exchange...... January 18,1991...... 6 $200,000 and Utilization.

Purpose: The Knowledge Selection criteria: To evaluate public and private nonprofit and for- Dissemination and Utilization Program applications under this program, the profit agencies and organizations, is designed to support activities that will Secretary uses the same selection including institutions of higher ensure that rehabilitation knowledge criteria as those published above under education and Indian tribes and tribal generated from projects and centers the Research and Demonstration organizations. funded by the Institute and other Program, 84.133A. Authority: 29 U.S.C. 761(a), 762(a), and sources is fully utilized to improve the Eligible applicants: Parties eligible to 762(b)(5). lives of individuals with disabilities. apply for grants under this program are

Program T itle: Rehabilitation Engineering Cen ter s Application No tices for Fiscal Y ear 1991

Estimated Project Deadline for Estimated Size of CFDA No. Program Title Funding Priority Transmittal of No. of Period Award Per (Months) Applications Awards Year

84 133E...... Rehabilitation Engineering Technology for Older Persons With Dis­ February 4, 1991...... 1 $500,000 60 Centers. abilities.

Purpose: Rehabilitation Engineering of information on technology in the (3) The plan for development, clinical Centers (REC) conduct coordinated priority area; and testing, and evaluation of new devices programs of advanced research of an (3) The applicant demonstrates that and technology is likely to yield engineering or technological nature, in all component activities of the Center significant products; and order to develop and test new are related to the overall objectives of (4) The application discusses the engineering solutions to problems of the Center, and will build upon and anticipated research results and disability, to develop systems for the complement each other to enhance the demonstrates how those results would exchange of technical and engineering likelihood of finding solutions to satisfy the original hypotheses and information and to improve the significant rehabilitation problems. could be used for planning additional distribution of technological devices and (b) Quality of the research design (25 research, including the generation of equipment to individuals with points). The Secretary reviews each new hypotheses where applicable. disabilities. Each REC must be located application to determine to what (c) Quality of the dissemination and in a clinical rehabilitation setting and is degree— utilization program (25 points). The encouraged to collaborate with (1) The applicant proposes a Secretary reviews each application to institutions of higher education. comprehensive program of research for determine the degree to which— Selection criteria: The Secretary uses the total project period, including at (1) The proposed plan for the following selection criteria to least three interrelated research dissemination provides evidence that evaluate applications under this projects; research results will be effectively program. (2) The research design and disseminated and utilized based on the fa) Relevance and importance of the methodology of each proposed activity identification of appropriate and research program (25 points). The are meritorious in that— accessible target groups; the proposed Secretary reviews each application to (i) The literature review is appropriate activities are relevant to the regional determine to what degree— and indicates familiarity with the state- and national needs of the rehabilitation (1) The proposed activities are of-the-art and current research in field; and dissemination packages will responsive to a priority established by rehabilitation technology; be prepared in a form usable by the Secretary and address a significant (ii) The research hypotheses are individuals with all types of disabilities; need of at disabled target population and important and scientifically relevant; (2) The proposed plan for rehabilitation service providers; (iii) The sample populations are dissemination and utilization of the (2) The overall research program of appropriate and significant; research and development provides the Center includes appropriate (iv) The data collection and for— interdisciplinary and collaborative measurement techniques are (i) Orientation programs for research activities, is likely to lead to appropriate and likely to be effective; rehabilitation service personnel to new and useful knowledge in the (v) The data analysis methods are improve the application of rehabilitation priority area and to the development of appropriate; and technology; new technology or new applications of (vi) The applicant assures that human (ii) Programs which specifically existing technology, and is likely to subjects, animals, and the environment demonstrate means for utilizing become a nationally recognized source are adequately protected; rehabilitation technology; 50098 Federal Register / Vol. 55, Na. 235, / Tuesday, December 4, 1990 / Notices

(iii) Technical assistance and outcomes of the discrete and Application Forms and Instructions consultation that are responsive to interrelated research projects, the The appendix to this application is concerns of service providers and impact of the training and dissemination divided into four parts. These parts are consumers; and activities on the target populations, and fiv) Dissemination of research organized in the same manner that the the extent to which the overall submitted application should be findings through publication in objectives have been accomplished. professional journals, textbooks, and organized. These parts are as follows: consumer and other publications, and Eligible Applicants Part I: Application for Federal Assistance through other appropriate media such as Parties eligible to apply for grants (Standard Form 424 (Rev. 4-88)) and audiovisual materials and under this program are public and instructions. telecommunications, in an effort to Part II: Budget Form—Non-Construction private nonprofit and for-profit agencies Programs (Standard Form 424A) and make research results accessible to and organizations, including institutions instructions. manufacturers, rehabilitation service of higher education and Indian tribes Part III: Application Narrative. providers, and researchers, educators, and tribal organizations. Part IV: Public Reporting Burden. Estimate. disabled individuals and their families, Authority: 29 U.S.C. 760, 762(b)(2)* Assurances—Non-Construction Programs and others; and (Standard Form 424B). (3) There is an appropriate plan to Instructions for Transmittal of Certification Regarding Debarment, ensure the distribution and utilization of Applications Suspension, and Other Responsibility new devices and technology. Matters: Primary Covered Transactions (a) If an applicant wants to apply for a (ED Form GCS-008) and instructions. (d) Quality of the organization and grant, the applicant shall— management (25 points). The Secretary Certification Regarding Debarment, (1) Mail the original and two copies of Suspension, Ineligibility and Voluntary reviews each application to determine the application on or before the deadline Exclusion: Lower Tier Covered the degree to which— date to: U.S. Department of Education, Transactions (ED Form GCS-009) and (1) The staffing plan for the Center Application Control Center, Attention: instructions. (NOTE: ED Form GCS-009 is provides evidence that the principal (CFDA # (Applicant must insert intended for the use of primary participants investigator and other personnel have number and letter}}, Washington, DC and should not be transmitted to the appropriate training and experience in 20202-4725, or Department.) disciplines required to conduct the (2) Hand deliver the original and two Certification Regarding Drug-Free Workplace proposed activities; the commitment of copies of the application by 4:30 p.m. Requirements: Grantees Other than time for all staff is adequate to conduct Individuals (ED 80-0004). (Washington, DC time) on the deadline Certificate Regarding Drug-Free Workplace all proposed activities; and the Center, date to: U.S. Department of Education, as part of its nondiscriminatory Requirements: Grantees Who Are Application Control Center, Attention: Individuals (ED 80-0005). employment practices, will ensure that (CFDA # (Applicant must insert its personnel are selected for number and letter)), room # 3633, An applicant may submit information on a photostatic copy of the application employment without regard to race, Regional Office Building #3, 7th and D color, national origin, gender, age, or Streets, SW., Washington, DC. and budget forms, the assurances, and handicapping condition. (b) An applicant must show one of the the certifications. However, the (2) The budgets for the Center and following as proof of mailing; application form, the assurances, and each of the proposed activities are (1) A legibly dated U.S. Postal Service the certifications must each have an reasonable, adequate, and cost-effective postmark. original signature. No gyant may be for the proposed activities; (2) A legible mail receipt with the date awarded unless a completed application (3) The facilities, equipment, and other of mailing stamped by the U.S. Postal form has been received. resources are adequate and are Service. Further Information Contact appropriately accessible to persons with (3) A dated shipping label, invoice, or disabilities; receipt from a commercial carrier. The National Institute on Disability (4) The plan of operations is adequate (4) Any other proof of mailing and Rehabilitation Research, 400 to accomplish the Center’s objectives acceptable to the Secretary. Maryland Avenue, SW., Washington, and to ensure proper and efficient (c) If an application is mailed through DC 20202. Telephone: (202) 732-1141; management of the Center; the U.S. Postal Service, the Secretary deaf and hearing impaired-persons may (5) The proposed relationships with does not accept either of the following call (202) 732-5373 for TDD services. Federal, State, and local rehabilitation as proof of mailing: Authority: 29 U.S.C. 760-762. service providers and consumer . (1) A private metered postmark. Dated: November 28,1990. organizations are likely to ensure that (2) A mail receipt that is not dated by Rohert R. Davila, the Center program is relevant and the U.S. Postal Service. applicable to the needs of consumers Assistant Secretary, Office of Special and service providers; Notes: (1) The U.S. Postal Service does not Education and Rehabilitation Services. uniformly provide a dated postmark. Before (6) The past performance and relying on this method, an applicant should Appendix accomplishments of the applicant check with its local post office. Application Forms and Instructions indicate an ability to complete (2) An applicant wishing to know that its Applicants are advised to reproduce and successfully the proposed scope of application has been received by the complete the application forms in this work; Department must include with the application Section. Applicants are required to submit an (7) The application demonstrates a stamped self-addressed postcard' containing original and two copies of each application appropriate commitment and support by the CFDA number and title of this program. as provided in this Section. the host institution and opportunities for (3) The applicant must indicate on the envelope and—if not provided by the Frequent Questions interdisciplinary activities and Department—in Item 10 of the Application for collaboration with other institutions; Federal Assistance (Standard Form 424) the 1. Can / Get an Extension of the Due Date and CFDA number—and letter, if any—of the Nof On rare occasions the Department of (8) The plan for evaluation of the competition under which the application is Education may extend a dosing date for ail Center will assess annually the being submitted. applicants. If that occurs, a notice of the Federal Register / Vol. 55, No. 233, / Tuesday, December 4, 1990 / Notices 50099 revised due date is published in the Federal same application to as many competitions as 10. How Do I Assure That My Application R egister. However, there are no extensions or you believe appropriate. You may also submit Will Be Referred to the Most Appropriate exceptions to the due date made for more than one application in any given Panel for Review individual applicants. competition. Applicants should be sure that their applications are referred to the correct 2. What Should Be Included in the 5. What is the Allowable Indirect Cost Rate . Application competition by clearly including the The limits on indirect costs vary according competition title and CFDA number, The application should include a project including alphabetical code, on the Standard narrative, vitae of key personnel, and a to the program and the type of application. The statutory limit for indirect charges in Form 424, and including the title of the budget, as well as the Assurances forms priority to which they are responding. included in this package. Vitae of staff or the Rehabilitation Research and Training consultants should include the individual’s Centers program is 15 percent of total project 11. H ow Soon A fte r Subm itting M y title and role in the proposed project, and costs. Application Can I Find out if It Will Be other information that is specifically Applicants in the R&D, D&U, and REC Funded pertinent to this proposed project. The programs should limit indirect charges to the The time from closing date to grant award budgets for both the first year and organization's approved rate. date varies from program to program. subsequent project years should be included. Generally speaking, NIDRR endeavors to If collaboration with another organization 6. Can Profitmaking Businesses Apply for have awards made within five to six months i3 involved in the proposed activity, the Grants of the closing date. Unsuccessful applicants application should include assurances of Yes. However, for-profit organizations will generally will be notified within that time participation by the other parties, including not be able to collect a fee or profit on the frame as weH. For the purpose of estimating a written agreements or assurances of grant, and in some programs will be required project start date, the applicant should cooperation. It is not useful to include general to share in the costs of the project. estimate approximately six months from the letters of support or endorsement in the closing date, but no later than the following application. 7. Can Individuals Apply for Grants September 30. If the applicant proposes to use unique tests or other measurement instruments that No. Only organizations are eligible to apply 12. Can 1 Call NIDRR To Find out i f My are not widely known in the field, it would be for grants under NIDRR programs. Application Is Being Funded helpful to include the instrument in the 8. Is There a Cost-Sharing or Matching No! When NIDRR is able to release application. Requirement information on the status of grant Many applications contain voluminous applications, it will notify applicants by appendices that are not helpful and in many Cost-sharing is required in the Research letter. The results of the peer review cannot cases cannot even be mailed to the and Demonstration Projects program, with be released except through this formal reviewers. It is generally not helpful to certain exceptions noted in the law; and the notification. Knowledge Dissemination and Utilization include such things as brochures, general 13. If My Application Is Successful, Can I program. For the Rehabilitation Engineering capability statements of collaborating Assume I will Get the Requested Budget organizations, maps, copies of publications, Centers, the Secretary has the option to Amount in Subsequent Years? or descriptions of other projects completed require matching. It is generally the practice by the applicant. of the agency to require cost-sharing under No. Those budget projects are necessary this program. and helpful for planning purposes. However, 3. What Format Should Be Used for the a complete budget and budget justification Application There is no set rate for cost-sharing. The must be submitted for each year of the cost-sharing is negotiated at the time an NIDRR generally advises applicants that project and there will be negotiations on the they may organize the application to follow award is made and is not part of the budget each year. evaluation of the application. the selection criteria that will be used. The 14. W ill A ll Approved Applications Be specific review criteria vary according to the 9. Can NIDRR Staff Advise Me Whether M y Funded? specific program, and are contained in this Project Is of Interest To NIDRR or Likely to Consolidated Application Package. No. It often happens that the peer review be Funded panels approve for funding more applications 4. May I Submit Applications to More Than No. NIDRR staff can advise you of the than NIDRR can fund within available One Program Competition in NIDRR or More requirements of the program in which you resources. Applicants who are approved but Than One Application to a Program propose to submit your application. However, not funded are encouraged to consider Yes, you may submit applications to any staff cannot advise you of whether your submitting similar applications in future program for which they are responsive to the subject area or proposed approach is likely to competitions. program requirements. You may submit the receive approval. BILLING CODE 4000-01-M 50100 Federal Register / Voi. 55, No. 233 / Tuesday, December 4, 1990 / Notices

APPLICATION FOR OMB Approval No. 0348-0043 2. OATE SUBMITTED FEDERAL ASSISTANCE Applicant Identifier

1 TYPE OF SUBMISSION: 3. OATE RECEIVED BY STATE State Application Identifier Application Preapplication 0 Construction 0 Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 0 Non-Construction O Non-Construction

S. APPLICANT INFORMATION

Legal Name Organizational Unit

Address (give city. county, state, and u p code). Name and telephone number of the person to be contacted on matters involving this application (give area code)

«. EMPLOYER IDENTIFICATION NUMBER (EIN): T. TYPE OF APPLICANT: {enter appropriate tetter in box) A State H Independent School Dist. B County I State Controlled Institution of Higher Learning C Municipal J Private University S. TYPE OF APPLICATION: D Township K. Indian Tribe □ New Q Continuation Q Revision E. Interstate L. Individual F Intermunicipa! M Profit Organization If Revision, enter appropriate letter(s) in box(es) □ □ Q Special District N. Other (Specify) ______A Increase Award B. Decrease Award C Increase Duration

D Decrease Duration Other (s p e c if y ): t. NAME OF FEDERAL AGENCY:

IB. CATALOG OF FEDERAL OOMESTtC 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: ASSISTANCE NUMBER:

TITLE.

il. AREAS AFFECTED BY PROJECT (cities, counties, states, e tc ):

n . PROPOSED PROJECT: 14. CONGRESSIONAL DISTRICTS OF:

Start Date Ending Oate a Applicant j b Project

IS. ESTIMATED FUN01NQ: 1«. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12371 PROCESS?

a Federal * . 0 0 a YES THIS PREAPPLICATION/APPLICATION W AS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON

b Applicant s . 0 0 DATE

c State • . 0 0 NO Q PROGRAM IS NOT COVERED BY E O 12372

d Local • . 0 0 □ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW

e Other * . 0 0

f Program Income t . 0 0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT?

I I Yes If "Yes,* attach an explanation. □ No g TOTAL 9 . 0 0

B. TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALL DATA IN THIS APPLICATION. PREAPPLICATION ARE TRUE ANO CORRECT. THE DOCUMENT HAS BEEN OULY

AUTHORIZED BY THE GOVERNING BOOT OF THE APPLICANT ANO THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWAROEO

Typed Name of Authorized Representative b Title c Telephone number

d Signature of Authorized Representative e Oate Signed

Previous Editions Not Usable Standard Form 424 iREV 4 88) Prescribed by OMB urtu ia r A -102 Authorized for Local Reproduction Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50101

INSTRUCTIONS FOR THE SF 424

This is a standard form used by applicants as a required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant’s submission. Item: Entry: Item: Entrv: 1 Self-explanatory. 12. List only the largest political entities affected 2. Date application submitted to Federal agency (or (e.g., State, counties, cities). State if applicable) & applicant’s control number 13. Self-explanatory. (if applicable). 3. State use only (if applicable). 14. List the applicant’s Congressional District and 4. If this application is to continue or revise an any District(s) affected by the program or project. existing award, enter present Federal identifier 15. Amount requested or to be contributed during number If for a new project, leave blank. the first funding/budget period by each 5. Legal name of applicant, name of primary contributor. Value of in-kind contributions organizational unit which will undertake the should be included on appropriate lines as assistance activity, complete address of the applicable. If the action will result in a dollar applicant, and name and telephone number of the change to an existing award, indicate only the person to contact on matters related to this amount of the change. For decreases, enclose the application. amounts in parentheses. If both basic and 6 Enter Employer Identification Number (EIN) as supplemental amounts are included, show assigned by the Internal Revenue Service. breakdown on an attached sheet. For multiple program funding, use totals and show breakdown 7. Enter the appropriate letter in the space using same categories as item 15. provided. 8. Check appropriate box and enter appropriate 16. Applicants should contact the State Single Point letter(s) in the space(s) provided: of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is — "New” means a new assistance award. subject to the State intergovernmental review — "Continuation” means an extension for an process. additional funding/budget period for a project with a projected completion date. 17. This question applies to the applicant organi­ — "Revision” means any change in the Federal zation, not the person who signs as the Government’s financial obligation or authorized representative. Categories of debt contingent liability from an existing include delinquent audit disallowances, loans obligation. and taxes. 9. Name of Federal agency from which assistance is being requested with this application. 18. To be signed by the authorized representative of the applicant A copy of the governing body’s 10 Use the Catalog of Federal Domestic Assistance authorization for you to sign this application as number and title of the program under which official representative must be on file in the assistance is requested. applicant’s office. (Certain Federal agencies may 11 Enter a brief descriptive title of the project, if require that this authorization be submitted as more than one program is involved, you should part of the application.) append an explanation on a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project.

SF 424 (REV 4-88) Back 50102 50102

OMB Approval No. 034B-0044 BUDGET INFORMATION — Non-Construction Programs

S E C T IO N A - B U D G E T S U M M A R Y

Grant Program C a ta lo g o f Fede ral Estimated Unobligated Funds New or Revised Budget Functio n D o m e stic A ssistance or Activity N u m b e r Fede ral Non-Federal Fede ral Non-Federal To ta l (a ) (b ) (c) (d> (e ) (f) (g) Federal Register Register Federal $ $ $ $ $ 1.

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4 . DecemberTuesday, 55,233/ Vol.No. /

$ $ S $ s S. T O T A L S

S E C T IO N B - B U D G E T C A TE G O R IE S

GRANT PROGRAM, FUNCTION OR ACTIVITY To ta l 6 Object Class Categories (1) ( 2 ) (3) (4) ______£1______

a. Personnel $ $ $ $ S

b. Fringe Benefits

c. T ra v e l

d. Equipment

e. Supplies

f. Contractual , 4 1990 / Notices 1990 / g . Construction

h . O th e r

i. Total Direct Charges (sum of 6a • 6h)

j. In direct C h a rg e s

k. TOTALS (sum of 6i and 6j) $ $ $ S $

$ $ s s 7. P ro g ra m Incom e s ...... i

Authorized for Local Reproduction Presented by OMB Circular A -102 SECTION C • NON-FEDERAL RESOURCES

(d) Other Sources (a) (a) G rant Program (b) A pplicant (c) S t a t e TOTALS

S $ S s S

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12. TOTALS (sum of lines 8 and 11) S S s $

SECTION 0 - FORECASTED CASH NEEDS

Total for 1st Vaar tat Ouartar 2nd Ouartar 3rd O uartar 4th O uartar 13. Federal s $ s s $ 55, 14. N o nFederal No. No.

IS. TOTAL (sum of lines 13 and 14) s s s s s 233

SECTION E • BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT usa,Dcme , 4 December Tuesday, /

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20. TOTALS (sum of lines 16-19) $ $ S ‘ ______Notices e c i t o N / SECTION F • OTHER BUDGET INFORMATION (Attach additional Sheets if Necessary)

21. Direct Charges: 22. Indirect Charges:

23 Rem arks ______

------1______. . . ______sr 424A (4 88| Pag« 2 Prescribed by O M 8 Circular A 102

Authorized for Local Reproduction 50103 50104 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

INSTRUCTIONS FOR THE SF-424A General Instructions Lines 1-4, Columns (c) through (g.) ( continued) This form is designed so that application can be made For continuing grant program applications, submit for funds from one or more grant programs. In pre­ these forms before the end of each funding period as paring the budget, adhere to any existing Federal required by the grantor agency. Enter in Columns (c) grantor agency guidelines which prescribe how and and (d) the estimated amounts of funds which will whether budgeted amounts should be separately remain unobligated at the end of the grant funding shown for different functions or activities within the period only if the Federal grantor agency instructions program. For some programs, grantor agencies may provide for this. Otherwise, leave these columns require budgets to be separately shown by function or blank. Enter in columns (e) and (0 the amounts of activity. For other programs, grantor agencies may funds needed for the upcoming period. The amount! s:) require a breakdown by function or activity. Sections in Column (g) should be the sum of amounts in A.B.C, and D should include budget estimates for the Columns (e) and (f). whole project except when applying for assistance For supplemental grants and changes to existing which requires Federal authorization in annual or grants, do not use Columns (c) and (d). Enter in other funding period increments. In the latter case, Column (e) the amount of the increase or decrease of Sections A,B, C, and D should provide the budget for Federal funds and enter in Column (f) the amount of the first budget period (usually a year) and Section E the increase or decrease of non-Federal funds. In should present the need for Federal assistance in the Column (g) enter the new total budgeted amount subsequent budget periods. All applications should (Federal and non-Federal) which includes the total contain a breakdown by the object class categories previous authorized budgeted amounts plus or minus, shown in Lines a-k of Section B. as appropriate, the amounts shown in Columns (e) and Section A. Budget Summary (0. The amountis) in Column (g) should not equal the Lines 1-4, Columns (a) and (b) sum of amounts in Columns (e) and (0. For applications pertaining to a single Federal grant Line 5 — Show the totals for all columns used. program (Federal Domestic Assistance Catalog number) and not requiring a functional or activity Section B Budget Categories breakdown, enter on Line 1 under Column (a) the In the column headings (1) through (4), enter the titles catalog program title and the catalog number in of the same^programs, functions, and activities shown Column (b). on Lines 1-4, Column (a), Section A. When additional For applications pertaining to a single program sheets are prepared for Section A, provide similar requiring budget amounts by multiple functions or column headings on each sheet. For each program, activities, enter the name of each activity or function function or activity, fill in the total requirements for on each line in Column (a), and enter the catalog num­ funds (both Federal and non-Federal) by object class ber in Column (b). For applications pertaining to mul­ categories. tiple programs where none of the programs require a breakdown by function or activity, enter the catalog Lines 6a-i— Show the totals of Lines 6a to 6h in each column. program title on each line in C o lu m n (a) and the respective catalog number on each line in Column (b). Line 6j - Show the amount of indirect cost. For applications pertaining to m u ltip le programs where one or more programs require a breakdown by Line 6k - Enter the total of amounts on Lines 6i and function or activity, prepare a separate sheet for each 6j. For all applications for new grants and program requiring the breakdown. Additional sheets continuation grants the total amount in column (5), should be used when one form does not provide Line 6k, should be the same as the total amount shown adequate space for all breakdown of data required. in Section A, Column (g), Line 5. For supplemental However, when more than one sheet is used, the first grants and changes to grants, the total amount of the page should provide the summary totals by programs. increase or decrease as shown in Columns (l)-(4), Line Lines 1-4, Columns (c) through (g.) 6k should be the same as the sum of the amounts in For new applications, leave Columns (c) and (d) blank Section A, Columns (e) and (f) on Line 5. For each line entry in Columns (a) and (b), enter in Columns (e), (D, and (g) the appropriate amounts of funds needed to support the project for the first funding period (usually a year).

SF 424A (4-88) oageJ Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50105

INSTRUCTIONS FOR THE SF-424A (continued)

Line 7 - Enter the estimated amount of income, if any, Line 14 - Enter the amount of cash from all other expected to be generated from this project. Do not add sources needed by quarter during the first year. or subtract this amount from the total project amount. Line 15 - Enter the totals of amounts on Lines 13 and Show under the program narrative statement the 14. nature and source of income. The estimated amount of Section E. Budget Estimates of Federal Funds program income may be considered by the federal Needed for Balance of the Project grantor agency in determining the total amount of the Lines 16-19 - Enter in Column (a) the same grant grant. program titles shown in Column (a), Section A. A Section C. Non-Federal-Resources breakdown by function or activity is not necessary. For new applications and continuation grant applications, Lines 8-11 - Enter amounts of non-Federal resources enter in the proper columns amounts of Federal funds that will be used on the grant. If in-kind contributions which will be needed to complete the program or are included, provide a brief explanation on a separate project over the succeeding funding periods (usually in sheet. years). This section need not be completed for revisions Column (a) - Enter the program titles identical (amendments, changes, or supplements) to funds for to Column (a), Section A. A breakdown by the current year of existing grants. function or activity is not necessary. If more than four lines are needed to list the program Column (b) - Enter the contribution to be made titles, submit additional schedules as necessary. by the applicant. Line 20 - Enter the total for each of the Columns (b)- Column (c) - Enter the amount of the State's (e). When additional schedules are prepared for this cash and in-kind contribution if the applicant is not a State or State agency. Applicants which are Section, annotate accordingly and show the overall a State or State agencies should leave this totals on this line. column blank. Section F. Other Budget Information Column (d) - Enter the amount of cash and in- Line 21 - Use this space to explain amounts for kind contributions to be made from all other individual direct object-class cost categories that may sources. appear to be out of the ordinary or to explain the Column (e) - Enter totals of Columns (b), (c), and details as required by the Federal grantor agency. id). Line 22 - Enter the type of indirect rate (provisional, Line 12 — Enter the total for each of Columns (b)-(e). predetermined, final or fixed) that will be in effect The amount in Column (e) should be equal to the during the funding period, the estimated amount of amount on Line 5, Column (f), Section A. the base to which the rate is applied, and the total Section D. Forecasted Cash Needs indirect expense. Line 13 - Enter the amount of cash needed by quarter Line 23 - Provide any other explanations or comments from the grantor agency during the first year. deemed necessary.

bF 4 2 4 A (4 88) oaq»? 4 50106 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

INSTRUCTIONS FOR COMPLETION OF PART III

NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH

PROJECT NARRATIVE FOR NEW APPLICATIONS

Public reporting burden for these collections of information is estimated to average 30 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviweing the collection of Information. Send comments regarding this burden estimate or any other aspect of these collections of information, including suggestions for reducting this burden, to: U.S. Department of Education, Information Management and Compliance Division, Washington, DC 20202-4651; and to the Office of Management and Budget, Paperwork Reducátion Project 1820- 0027, Washington, DC 20503.

(Information collection approved under OMB control number 1820- 0027. Expiration date: September 30, 1992.)

The successful narrative should include the basic information described below and, exluding resumes of key personnel, should be limited to:

* 100 pages for applications for Rehabilitation Research and Training Centers, Rehabilitation Engineering Centers.

* 40 pages for application under the Research and Demdonstrations Projects, Knowledge Dissemination and Utilization Projects.

The narrative for new application may be organized under the major headings in the regulations governing the specific programs. THe applicant must respond to the selection criteria for each program listed below.

Research and Demonstration Project - 34 CFR 351. Selection criteria for this program can be found in 34 CFR 350.34.

Rehabilitation Research and Training Centers - 34 CFR 352.31.

Rehabilitation Engineering Centers - 34 CFR 353.31.

Knowledge Dissemination and Utilization Programs - 34 CFR 355. Selection criteria for this program can be found in 34 CFR 350.34. Federal Registrar / VoL 55, No. 233 / Tuesday, December 4,1990 / Notices 50107

OMB Approval No. 0348-0640

ASSURANCES — NON-CONSTRUCTION PROGRAMS Notei Certain of these assurances may not be applicable to your project or program, ff you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you wfH be notified. As the duly authorized representative of the applicant I certify that the applicant:______

1. Has the legal authority to apply far Federal (e) the Drug Abuse Office and Treatment Act of assistance, and the institutional, managerial and 1972 (P.L. 92-255), as amended, relating to financial capability (including funds sufficient to nondiscrimination an the basis of drug abuse; (f) pay the non-Federal share of project costs) to the Comprehensive Alcohol Abuse and Alcoholism ensure proper planning, management and com­ Prevention, Treatment and Rehabilitation Act of pletion of the project described in this application. 1970 (P.L. 91-616), as amended, relating to nondiscrimination, on the basis of alcohoL abuse or 2. Will give the awarding agency, the Comptroller alcoholism; (g) §§ 523 and 527 of the Public Health General of the United States, and if appropriate, Service Act of 1912(42 U.&C. 290 dd-3and 290 ee- the State, through any authorized representative, 3), as amended, relating to confidentiality of access to and the right to examine all records, alcohol and drug abuse patient records; (h) Title books, papers, or documents related to the award; VIII of the Civil Rights Act of 1968 (42 U.S.C. § and will establish a proper accounting system in 3601 et seq.), as amended, relating to non- accordance with generally accepted accounting discrimination. in the sale, rental’ or financing of standards or agency directives. housing; (i) any other nondiscrimination 3 Will establish safeguards to prohibit employees provisions in the specific statute(s) under which from using their positions for a purpose that application for Federal assistance is being made: constitutes or presents the appearance of personal and (j) the requirements of any other or organizational conflict of interest, or personal nondiscrimination statute(s) which may apply to gain. the application. 4. Will initiate and complete the work, within the 7. Will comply, or has already complied, with the applicable time frame after receipt of approval of requirements of Titles II and III of the Uniform the awarding agency. Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) 5 Will comply with the Intergovernmental which provide for fair and equitable treatment of Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) persons displaced or whose property is acquired as relating to prescribed standards for merit systems a result of Federal or federally assisted programs. for programs funded under one of the nineteen These requirements apply to all interests in real statutes or regulations specified in Appendix A of property acquired for project purposes regardless OPM’s Standards for a Merit System of Personnel of Federal participation in purchases. Administration (5 C.F.R. 900, Subpart F). 8. Will comply with the provisions of the Hatch Act 6. Will comply with all Federal statutes relating to (5 U.S.C. H 1501-1508 and 73247328) which limit nondiscrimination. These include but are not the political activities of employees whose limited to: (a) Title VI of the Civil Rights Act of principal employment activities are funded in 1964 (P.L. 88-352) which prohibits discrimination whole or in part with Federal funds. on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as 9. Will comply, as applicable, with the provisions of amended (20 U.S.C. §§ 1681-1683, and 1685-1686), the Davis-Bacon Act (40 U.S.C. §§ 276a to 276a- which prohibits discrimination on the basis of sex; 7), the Copeland Act (40 U.S.C. § 276c and 18 (e) Section 504 of the Rehabilitation Act of 1973, as U.S.C. £§, 874), and the Contract Work Hours and amended (29 U.S.C. § 794), which prohibits dis­ Safety Standards Act (40 U.S.C. §§ 327-333), crimination on the basis of handicaps; (d) the Age regarding labor standards for federally assisted Discrimination Act of 1975, as amended (42 construction subagreements. U.S.C.§§ 6101-6107), which prohibits discrim­ ination on the basis of age;

Standard Form 424B (4-88) Prescribed by OMB Circular A-102 Authorized for Local Reproduction 50108 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 /_Notices^

10. Will comply, if applicable, with flood insurance 13. Will assist the awarding agency in assuring purchase requirements of Section 102(a) of the compliance with Section 106 of the National Flood Disaster Protection Act of 1973 (P.L. 93-234) Historic Preservation Act of 1966, as amended (16 which requires recipients in a special flood hazard U.S.C. 470), EO 11593 (identification and area to participate in the program andto purchase protection of historic properties), and the flood insurance if the total cost of insurable Archaeological and Historic Preservation Act of construction and acquisition is $10,000 or more. 1974 (16 U.S.C. 46,9a-1 et seq.). 11. Will comply with environmental standards which 14. Will comply with P.L. 93-348 regarding the may be prescribed pursuant to the following: (a) protection of human subjects involved in research, institution of environmental quality control development, and related activities supported by measures under the National Environmental this award of assistance. Policy Act of 1969 (P.L. 91-190) and Executive 15. Will comply with the Laboratory Animal Welfare Order (EO) 11514; (b) notification of violating Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. facilities pursuant to EO 11738; (c) protection of 2131 et seq.) pertaining to the care, handling, and wetlands pursuant to EO 11990; (d) evaluation of treatment of warm blooded animals held for flood hazards in floodplains in accordance with EO research, teaching, or other activities supported by 11988; (e) assurance of project consistency with this award of assistance. the approved State management program developed under the Coastal Zone Management 16. Will comply with the Lead-Based Paint Poisoning Act of 1972 (16 U.S.C. §§ 1451 et seq); (f) Prevention Act (42 U.S.C. §§ 4801 et seq.) which conformity of Federal actions to State (Clear Air) prohibits the use of lead based paint in Implementation Plans under Section 176(c) of the construction or rehabilitation of residence Clear Air Act of 1955, as amended (42 U.S.C. § structures. 7401 et seq.); (g) protection of underground sources 17. Will cause to be performed the required Financial of drinking water under the Safe Drinking Water and compliance audits in accordance with the Act of 1974, as amended, (P.L. 93-523); and (h) Single Audit Act of 1984. protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 18. Will comply with all applicable requirements of all 93-205). other Federal laws, executive orders, regulations and policies governing this program. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.

C'GNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE

APPLICANT ORGANIZATION DATE SUBMITTED

SF 4248 (4-88) Bac* Federal Register / Vol. 55„ No. 233 / Tuesday, December 4,1990 / Notices 5il£3

CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are requited to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 34 CFR Part 82, "New Restrictions on Lobbyintrand 34 CFR Part 85. Government-wide Debarment and Suspension (Nonprocurement) and Government-wide Requirements tor Drug-Free Workplace (Grants)'The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Education determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING (d) Have not within a three-year period preceding this As required by Section 1352, Tide 31 of the US Code, and application had one or more public transactions (Federal, Slate implemented at 34 CFR Part 82, for persons entering, into a or local) terminated for cause or default; and it or cooperative agreement over $100,000, as defined at 34 S Part 82, Sections 82.105 and 82.110, the applicant certifies B. Where the applicant is unable to certify to any of the that: statements in this certification, he or she shall attach an explanation to this application. (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 3. DRUG-FREE WORKPLACE connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, (GRANTEES OTHER THAN INDIVIDUALS) continuation, renewal, amendment, or modification of any As required by the Drug-Free Workplace Act of 1988, and Federal grant or cooperative agreement; implemented at 34 CFR Part 85, Subpart F, for grantees, as (b) If any funds other than Federal appropriated funds have defined at 34 CFR Part 85, Sections 85.605 and 85.610 — been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a A. The applicant certifies that it will or will continue to Member of Congress, an officer or employee of Congress, or an provide a drug-free workplace by: employee of a Member of Congress in connection with this Feaeral grant or cooperative agreement, the undersigned shall (a) Publishing a statement notifying employees that the complete and submit Standard Form - LLL, "Disclosure Form unlawful manufacture, distribution, dispensing, possession, or to Report Lobbying," in accordance with its instructions; use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against (c) The undersigned shall require that the language of this employees for violation of such prohibition; certification be included in the aWard documents for all subawards at all tiers (including subgrants, contracts under (b) Establishing an on-going drug-free awareness program to grants and cooperative agreements, and subcontracts) and that inform employees about— all subrecipients shall certify and disclose accordingly. (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace. (3) Any available drug counseling, rehabilitation, and 2. DEBARMENT, SUSPENSION, AND OTHER employee assistance programs; and RESPONSIBILITY MATTERS (4) The penalties that may be imposed upon employees for As required by Executive Order 12549, Debarment and drag abuse violations occurring in the workplace; Suspension, and implemented at 34 CFR Part 85, for prospective participants in primary covered transactions, as (c) Making it a requirement that each employee to be engaged defined at 34 CFR Part 85, Sections 85.105 and 85.110 — in the performance of the grant be given a copy of the statement required by paragraph (a); A. The applicant certifies that it and its principals: (d) Notifying the emptoyeeirr the statement required by (a) Are not presently debarred, suspended, proposed for paragraph (a) that, as a condition of employment under the debarment, declared ineligible, or voluntarily excluded from grant, the employee will— covered transactions by any Federal department or agency; (1) Abide by the terms of the statement; and (b) Have not within a three-year period preceding this application been convicted of or nad a civil judgment rendered (2) Notify the employer in writing of his or her conviction for a against them for commission of fraud or a criminal offense in violation of a criminal drug statute occurring in the workplace connertinn with obtaining attempting to obtain,, or performing no later than five calendar days after such conviction; a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust (e) Notifying the agency, in writing, within 10 calendar days statutes or commission of embezzlement, theft, forgery, after receiving notice under subparagraph (dX2) from an bribery, falsification or destruction of records, making false employee or otherwise receiving actual notice of such statements, or receiving stolen property; conviction. Employers of convicted employees must provide notice, including position title, to: Director, Grants and (c) Are not presently indicted for or otherwise criminally or Contracts Service, U.S. Department of Education, 400 civilly charged by a governmental entity (Federal, State, or Maryland Avenue, S.W. (Room 3124, GSA Regional Office local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and . 50110 Federal Register / Vol. 55, No. 233 / Tuesday, December 4, 1990 / Notices

Building No. 3), Washington, DC 20202-4571. Notice shall DRUG-FREE WORKPLACE include the identification numberfs) of each affected grant; (GRANTEES WHO ARE INDIVIDUALS) (0 Taking one of the following actions, within 30 calendar days As required by the Drug-Free Workplace Act of 1988, and of receiving notice under subparagraph (d)(2), with respect to implemented at 34 CFR Part 85, Subpart F, for grantees, as any employee who is so convicted— denned at 34 CFR Part 85, Sections 85.605 and 85.610 — (1) Taking appropriate personnel action against such an A. As a condition of the grant, I certify that I will not engage in employee, up to and including termination, consistent with the the unlawful manufacture, distribution, dispensing, requirements of the Rehabilitation Act of 1973, as amended; or possession, or use of a controlled substance in conducting any (2) Requiring such employee to participate satisfactorily in a activity with the grant; and drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law B. If convicted of a criminal drug offense resulting from a enforcement, or other appropriate agency; violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days (g) Making a good faith effort to continue to maintain a of the conviction, to: Director, Grants and Contracts Service, arug-free workplace through implementation of paragraphs U.S. Department of Education, 400 Maryland Avenue, S.W. (a), (b), (c), (d), (e), and (f). (Room Si 24, GSA Regional Office Building No. 3), Washington, DC 20202-4571. Notice shall include the identification number(s) of each affected grant. B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code)

Check □ if there are workplaces on file that are not identified here.

As the duly authorized representative of the applicant, 1 hereby certify that the applicant will comply with the above certifications.

NAME OF APPLICANT PR/AWARD NUMBER AND/OR PROJECT NAME

PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

SIGNATURE DATE

ED 80-0013 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 501

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions

This certification is required by the Department of Education regulations implementing Executive Order 12549, Debannent ana Suspension, 34 CFR Part 85, for all lower tier transactions meeting the threshold and tier requirements stated at Section 85.110. Instructions for Certification 1. By signing and submitting this proposal, the 6. The prospective lower tier participant further prospective lower tier participant is providing the agrees by submitting thisproposal tnat it will certification set out below. include the clause tiued "Certification Regarding Debarment, Suspension, Ineligibility, ana Voluntary 2. The certification in this clause is a material Exclusion—Lower Tier Covered Transactions," representation of fact upon which reliance was placed without modification, in all lower tier covered wnen this transaction was entered into. If it is later transactions and in all solicitations for lower tier determined that the prospective lower tier participant covered transactions. knowingly rendered an erroneous certification, in addition to other remedies available to the Federal 7. A participant in a covered transaction may rely Government, the department or agency witii which upon a certification of a prospective participant in a this transaction originated may pursue available lower tier covered transaction that it is not remedies, including suspension and/or debarment. debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it 3. The prospective lower tier participant shall provide knows that the certification is erroneous. A immediate written notice to tne person to which this participant may decide the method arid frequency proposal is submitted if at any time the prospective oy which it determines the eligibility of its lower tier participant learns tnat its certification was principals. Each participant may, but is not erroneous when submitted or has become erroneous required to, check the Nonprocurement List. by reason of changed circumstances. 8. Nothing contained in the foregoing shall be 4. The terms "covered transaction," "debarred," construed to require establishment of a system of "suspended," "ineligible," "lower tier covered records in order to render in good faith tne transaction," "participant," "person," "primary covered certification required by this clause. The knowledge transaction," "principal," "proposal," and "voluntarily and information of a participant is not required to excluded," as used in this clause, have the meanings exceed that which is normally possessed by a set out in the Definitions and Coverage sections of prudent person in the ordinary course of business rules implementing Executive Order i2549. You may dealings. contact tne person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in 5. The prospective lower tier participant agrees by a covered transaction knowingly enters into a lower submitting this proposal that, should the proposed tier covered transaction with a person who is covered transaction be enteral into, it shall not suspended, debarred, ineligible, or voluntarily knowingly enter into any lower tier covered excluded from participation in this transaction, in transaction with a person who is debarred, addition to other remedies available to the Federal suspended, declared ineligible, or voluntarily Government, the department or agency with which excluded from participation in this covered this transaction originated may pursue available transaction, unless authorized by the department or remedies, including suspension and/or debannent. agency with which this transaction originated.

Certification (1 ) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ED 80-0014,9/90 (Replaces CCS-009 (REV. 12/88), which is obsolete) 50112 Federal Register J Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

Approved by QMS DISCLOSURE OF LOBBYING ACTIVITIES 0 3 4 6 - 0 0 4 4 Complete this form to disclose lobbying activities pursuant to 31 U-S.C. 1352 (See reverse for public burden disclosure.) Type of Federal Action: 2. Status of Federal Action: Report Type: a. contract I a. bid/offer/appiication a. initial filing b. grant b. initial award □b. material change c. cooperative agreement □ c. post-award For Material Change Only: d. loan year ______quarter e. loan guarantee f. loan insurance date of last report ___ 4. Name and Address of Reporting Entity: 5. tf Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: □ Prime O Sub awardee Tier____ , if known:

Congressional District, tf known: Congressional District, if known: 6. Federal Department/Agency: 7. federal Program Name'Description:

CFOA Number, if applicable:

8. Federal Action Number, if known: 9. Award Amount, if known: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services

(attach •Continuinoti SheeKU Sf-LLL-A, if necessary) 11. Amount of Payment (check all that app/y): IX Type of Payment (check all that apply): $ ______D actual Q planned O a. retainer o b. one-time fee 12. Form of Payment (check all that apply): □ c. commission □ a. cash □ d. contingent fee □ e. deferred □ b. in-kind; specify: nature______□ f. other; specify: value ______14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officers), employee(s), or MemberU) contacted* tot Payment Indicated in Item 11:

(attach Continuation Sheel(s) SF-LLL-A. it necessary) IX Continuation Sheet(s) SF-LLL-A attached: □ Yes □ No

IX Information requested through thM to m it authorized by rid* 11 U-S-C. taction D U . This disclosure of lobbying activities it • m aterial.representation Signature: ot fact upon which tabanco ama placad by tha tiaf above whan tbit transaction was mad* or entered into. Tbit disclosure is m quited pursu ant to Print Name: 11 U-S-C. 1151 This information a d be reported to the Congrats semi, annually and writ be available for pubtac inspection. Any person w ho fads to rule: ____ file the required disclosure than be subject to a civil penalty of not lass than (10.000 and not m ere than glOftOOOfor each luch lailuro- Telephone No.: Date:.

Authorized for Local Reproduction Federal LHe Ct%: Standard Forni - LU. Federal Register / Vol. 55, No. 233 / Tuesday, December 4, 1990 / Notices auiij

INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

Station 2 J i! ied ,by S* reporting entity, whether subawardee or prime Federal recipient, at the ^Federalact,on, or a material change to a previous filing, pursuant to title 31 U .S .C fnflSeidn* or.i ^r'* requ,redeach paymf nt <* agreement to make payment to any lobbying entity for emplovee^of Conor«»« nr an I!I?U|CnCe a? °[^cer. or eIT^?°yec of any agency, a Member of Congress, an officer or Sf SJ a Contfeul^n 0,|* ? emb5r of Congress in connection with a covered Federal action. Use the aooivVot''"formation if the space on the form is inadequate. Complete all items that Re,W *» * * ,mP*ementirT8 guidance published by .he Office of

1' oirtcome^of aTovered^Fec^a^action.*011011 *“ ^ ,°bb,','ng " and/or ha‘ *"«" s« ured >° the

2. Identify the status of the covered Federal action.

3‘ InfnrmatiAn „ S S * dasj l',i,catio.n °.( 'his “ P »"- '* « * * a followup report caused by a material change to the o m S ? n f h S S ? P2 'Ied.V^n ' ,he year in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4’ k £ ^ thCh^rL ?h !Tf^rldr^Sf' *??' ? at5 and. 3Uj> code of foe reporting entity. Include Congressional District, if ,hi reP°?"g en«'y «hit designates if it is. or expects to be. a prime Subawards inrltirie hn* dentl^ lhc b«r of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5' ri^ id ? if rninrimi"? 5* r, ' p 0 r t i" '!*!" t i * i k s "Subawardee“, then enter the full name, address, Q 'ty . state and np code of the pnme Federal recipient. Include Congressional District, if known.

l^»|rb»lowaiaM rv agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example. Department of Transportation, United States Coast Guard.

7' S o i * n f *r.rii.Vr?S am ?am? °r descnPhon for the covered Federal action (item 1). If known, enter the full commitments^^3 ° C Ass,s,anc' numb« f°' grants, cooperauve agreements, loans, and loan

fcourJrt*fm0f2 ,S ? I? < «K F' dtrl1 id««iM ng number available for the Federal action identified in item t (e g.. ^ e st for froposa! (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contra*. prefixede!g!T"RFF-DEritO^JI*"^1* aPP,,cation/pr°posal control number assigned by the Federal agency). Include

* •***—the

1°' ^M em ified^tem c^to^iw nceriw covered^^Eralartion.1^* i<,bbyin8 ' nga8ed by ,h* rep0r,i" g en,i'y

Enrer I « . ' h' i" d5 'X fii,s> “ twees, and include full address if different from 10 (a), enter Last Name, First Name, and Middle initial (M l). 11. lobtaindenriN til,™ t n ^ T S 1“? " f if S * r' asonablV «¡pected to be paid by the reporting entity (item 4) to the Si IboiTesthit^nnh. » L ! al* ,he p*'™«"' has been made (actual) or will be made (planned). Check to be made PP V‘ " “ a "'»««"»• change report, enter the cumulative amount of payment made or planned

spiSfy the naturrfand*valuedoVtl^irhkind * Paym'"' «* " ad' throuSh a" contribution.

13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature.

14' ‘¿ Pd^hêCdamrsdÆ !.'d deSCn'pli0'> S' £ f ?* ™ "‘ >hat the lobbyist has perfomted. or will be expected to « t u T ï ^ m a c t w i î h ^ F ^ l ^ X « * T eL ,e,Î Î ere2- ,lï lï de ,a" Prapsratory and related activity, not just time spent in »npto)^sb«'!v^^bol)?^^res$ta?were^c»SSd.0*flCi,*<** “ 'mP‘°y" Ih' *>“ 15. Check whether or not a SF-Lll-A Continuation Sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name, tide, and telephone number.

"eJunlll“^ ' “ “0" 01 t M mUet “ *«" •* “ * * « « • P « respome. including Ume for rev«w,ng information* Send comment* ■"* mamta,n,n* the d4U needed, and completing and reviewing the collection of «or re d u c in g dTbuΣT£ ^ estimate or any other aspect of this collection of information, including suggestion, 8 »to die Office of Management and Budget, Paperwork Reduction Protect (0346-0046), Washington, D C. 20503 50114 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

DISCLOSURE OF LOBBYING ACTIVITIES /if prow d by O M t 0 4 (4 0 4 « CONTINUATION SHEET

iM tH riiai lor local tryroductioo tla odopd f o u r - u n [FR Doc. 90-28340 Filed 12-3-90; 8:45 am] BILLING CODE 4000-01-C Tuesday December 4, 1990

Part Ht

Department of the Interior

National Park Service

Abandoned Shipwreck Act; Final Guidelines; Notice 50116 Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices

DEPARTMENT OF THE INTERIOR carry out their responsibilities under the All questionnaire responses, Act. transcribed verbal statements, and National Park Service The Act says that the guidelines written suggestions were fully “shall seek to: (1) Maximize the considered by the National Park Service Abandoned Shipwreck Act Guidelines enhancement of cultural resources; (2) prior to developing the proposed a g e n c y : National Park Service, foster a partnership among sport divers, “Abandoned Shipwreck Act Department of the Interior. fishermen, archeologists, salvors, and Guidelines.” In fact, many of the other interests to manage shipwreck a c t i o n : Final guidelines. suggestions provided by the States, resources of the States and the United public meeting attendees and other s u m m a r y : These final advisory States; (3) facilitate access and members of the public contributed guidelines are to assist the States and utilization by recreational interests; and substantially to the preparation of the the appropriate Federal agencies in (4) recognize the interests of individuals guidelines. developing legislation and regulations to and groups engaged in shipwreck As required by the Act, the proposed carry out their responsibilities under the discovery and salvage.” The Act also guidelines were published in the Federal Abandoned Shipwreck Act of 1987. The requires that the guidelines be Register (54 FR 13642; April 4,1989). guidelines provide advice on developed after consulting with However, knowing that sport divers, establishing State and Federal agency appropriate public and private sector professional dive operators, salvors, shipwreck management programs; interests (including the Secretary of fishermen, archeologists, and historic funding shipwreck programs and Commerce, the Advisory Council on preservationists do not routinely have projects; surveying, identifying, Historic Preservation, sport divers, State access to or read the Federal Register, documenting, and evaluating Historic Preservation Officers, the National Park Service sent press shipwrecks; providing for public and professional dive operators, salvors, releases to the editors of numerous private sector recovery of shipwrecks; archeologists, historic preservationists, national and regional sport diving, providing public access to shipwrecks; and fishermen). maritime, archeological, and historic interpreting shipwreck sites; Preparation of the Guidelines preservation newsletters, magazines establishing volunteer programs; and and journals. In addition, over 3,500 creating and operating underwater The Abandoned Shipwreck Act was copies of the proposed guidelines were parks or preserves. Issuance of these signed into law on April 28,1988, by the distributed to the various interest groups President of the United States. By mid- final guidelines fulfills the National Park and persons. Finally, in order to provide Service’s obligation under the Act to July 1988, the National Park Service had developed and sent to each State a the public with a sufficient amount of issue such guidelines. time to obtain, read, digest, discuss, and EFFECTIVE DATE: These advisory questionnaire that requested information on existing and pending prepare written comments on the guidelines take effect on December 4, proposed guidelines, the National Park 1990. State legislation and regulations about the management of shipwrecks in State Service elected to issue the proposed ADDRESSES: Requests for copies of the waters. The questionnaire also asked for guidelines for a six month comment final “Abandoned Shipwreck Act information on the State’s activities period instead of the more usual one to Guidelines” should be addressed to related to the preservation of three months. Douglas H. Scovili, Acting Departmental shipwrecks, the facilitation of Written comments were received from Consulting Archeologist, National Park recreational access to shipwrecks, the 66 sources, including 30 from Service, U.S. Department of the Interior, development and dissemination of individuals, 16 from State agencies, 14 P.O. Box 37127, Washington, DC 20013- interpretive information about from organizations, and six from Federal 7127. Single copies of the final guidelines shipwrecks, and the regulation of agencies. The individuals who provided will be sent to persons, organizations, commercial fishing and salvage comments were primarily sport divers. and State and Federal agencies that activities affecting shipwrecks. Forty- The organizations that provided have previously requested copies or seven (or 84 percent) of the 56 States comments included sport diving have provided comments on the and territories polled provided associations, maritime societies and development or subsequent revision of responses to the questionnaire. museums, avocational research the guidelines. Those persons, During September and October 1988, organizations, and charter boat organizations and agencies do not need the National Park Service held public associations. to request copies of the final guidelines; meetings in Washington, DC; San Comments were addressed to all copies will be distributed when Francisco, CA; Seattle, WA; Austin, TX; sections of the proposed guidelines. available. Beaufort, NC; Colchester, VT; Lyndhurst, However, a preponderance of comments FOR FURTHER INFORMATION CONTACT: NJ; Madison, WI; Tampa, FL; New were concerned with four specific Michele C. Aubry (Departmental Orleans, LA; and Charleston, SC. The issues: (1) The definitions for the terms Consulting Archeologist’s office) at 202- meetings were designed to provide the “historic” and “non-historic” 343-1879 or FTS 343-1879. various public and private sector shipwrecks, (2) the assurance of SUPPLEMENTARY INFORMATION: interests with an opportunity to provide recreational access by the public to suggestions to the National Park Service shipwrecks, and (3) the withholding and Background on the development of the guidelines. the disclosure of locational information These final “Abandoned Shipwreck Approximately 500 people attended about shipwrecks, and (4) the regulation Act Guidelines” are being issued under the meetings and over 120 people voiced of commercial salvage and souvenir the authority of the Abandoned their opinions (or that of their collecting activities at shipwrecks. Shipwreck Act (Pub. L. 100-298; 43 organizations) in verbal statements that All comments were fully considered U.S.C. 2101-2106). Section 5 of the Act were recorded in 769 pages of by the National Park Service when directs the National Park Service to transcripts. In addition, about 130 people revising the guidelines for issuance as issue guidelines to assist the States and sent letters to the National Park Service final guidelines. Valid concerns were the appropriate Federal agencies in to express their opinions or that of the addressed to the extent of the National developing legislation and regulations to organization they represent. Park Service’s legal authorities. Some Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices 50117 suggestion» were not included because embedded shipwrecks should not be for funding shipwreck programs and they either were heyond the scope of the treated as historic shipwrecks unless projects. Subpart D presents guidelines guidelines or. were inconsistent with the they have been evaluated and for surveying and identifying Abandoned Shipwreck Act. Many of the determined to be historic. The shipwrecks. Subpart E presents suggestions were, incorporated and commenters recommended that guidelines, for documenting and contributed positively toward improving “historic” shipwrecks he defined evaluating shipwrecks. Guidelines to and clarifying the guidelines. according to their historical qualities assist the States in providing for public Major Changes in Response to Public only, without regard to whether they are and private sector recovery of Comments embedded. The. definition has been shipwrecks are in subpart F. Subpart G revised accordingly. presents guidelines for providing public Introduction In the proposed guidelines, the access to shipwrecks. Subpart H. The introduction to the final definition for the term “submerged presents guidelines for interpreting “Abandoned Shipwreck Act Guidelines” lands” included a reference to. the term shipwreck sites. Subpart I presents remains basically the same as it "lands beneath navigable waters.” guidelines for establishing volunteer appeared in the proposed guidelines. Several commenters asked for programs. Guidelines to assist States in Several- commenters raised concerns clarification on what “lands heneath creating and operating underwater that the National Park Service may navigable waters” means. The Act parks or preserves are in subpart J. make the guidelines a requirement for defines “lands beneath navigable Subpart A. The guidelines in subpart waters” fey citing the definition for that State historic preservation programs A have been expanded and rearranged. term contained' in section Z of the Final guideline no. 3 has been revised to even though the guidelines are supposed Submerged Lands Act. The Submerged to be advisory and, therefore, non­ say the States should assign binding To allay the commenters' Lands Act provides a clear description responsibility for State-owned of what “lands beneath navigable concerns, language has been added to shipwrecks to appropriate agencies. The waters” means. Radier than merely guideline notes that while it would be emphasize that the guidelines are referencing it in the guidelines, it has advisory and non-binding, and are not desirable to assign responsibility to a been added to the definition for the term single agency, it often is not practical to being used to review State historic “submerged landsr.” Examples also have preservation programs for compliance do so for several reasons. The guideline been added. identifies several agencies having with the National Historic Preservation The definition for the term Act and the terms: and conditions of different expertise that should be “conservation” has been deleted; assigned various responsibilities for Historic Preservation Fund grant instead; the decision was made to rely awards. Unless statutorily required, no on dictionary definitions. shipwrecks (e.g., an agency experienced changes will be made to State historic Several commenters recommended' in historic preservation matters should preservation program requirements that the term “non-historic” shipwreck have jurisdiction over historic without prior consultation with the be defined. Such a definition has been shipwrecks—but not over non-historic States. added. shipwrecks—while an. agency experienced in recreational resource Part I. Definitions Finally, definitions for six terms that are defined- in the Act have been added management and historic site Part I contains the definitions for key to the guidelines. The terms are management should be responsible for terms, used in the Act and in the final “embedded;”' “Indian lande,” “Indian the day to day management and “Abandoned Shipwreck Act tribe,” “National Register,” “public protection of shipwrecks located in Guidelines.” Three definitions have lands,” and “State.” The definitions are State underwater parks or preserves); been revised, one has been deleted, and the same as those contained in the Act. A new guideline no. 4 says the State seven have been added. However, in regard to the term should establish regulations, policies or The definition for the term “embedded,” several commenters asked procedures for the long-term “abandoned” shipwreck has been for clarification on what is meant by management of State-owned expanded to provide examples of tools of excavation. Tools of excavation shipwrecks. A new guideline no. 8 says vessels entitled to sovereign immunity. are tools used to remove or displace the States should use the National In addition; it notes that when the owner bottom sediments or coralline Register of Historic Places criteria to of a sunken vessel is paid the full value formations to gain access to embedded' determine the historical significance of of the vessel (such as receiving payment shipwrecks. Examples have been shipwrecks. A new guideline no. 11 says from an insurance underwriter), title to provided; they clearly indicate that the States should provide legal recourse the wrecked* vesseL is passed to the diving equipment normally worn by for persons affected by the* State’s party who paid: the owner. The recreational divers while exploring or shipwreck management program, and definition also notes that under the viewing shipwreck sites are not identifies particular situations where an Rivers and Harbors Act, owners; of considered to be tools of excavation. affected person should be provided with sunken vessels are required either to an opportunity to appeal decisions made mark and subsequently remove the Part II. Guidelines by the State. wrecked, vessel and its cargo or to Part II contains ten sets of guidelines Proposed-guideline no, 7 (on accepting provide legal notice-of abandonment to for use by the States and the appropriate donations) has been moved to subpart the U,S. Coast Guard and the U.S. Army Federal agencies in developing C, while proposed guideline no. 8 (on Corps of Engineers. In the absence of legislation and regulations to carry out confirming the abandonment of such action by the owner, a shipwreck their responsibilities under the Act. shipwrecks) and proposed guideline no. ordinarily is treated as abandoned after Guidelines to assist the States in 9 (on treating human remains in the expiration of 30 days from the establishing shipwreck management shipwrecks) have been moved to sinking. programs are in subpart A. Guidelines to subpart D, A number of Gommenters felt that the assist Federal agencies in establishing Subpart B. The guidelines in subpart B definition for the term "historic” shipwreck management programs are in are a consolidation of two sets of shipwreck was too broad and that subpart B. Subpart G presents guidelines guidelines that appeared in the proposed 50118 Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices guidelines; that is, the proposed “Abandoned Shipwreck Act shipwrecks. Those two sets of proposed guidelines for considering and mitigating Guidelines.” guidelines received more public effects of Federal activities on historic One commenter suggested that the comments than any other set of shipwrecks and the proposed guidelines requirement in the Act to provide proposed guidelines. The majority of for managing shipwrecks under Federal adequate public notice of the location of commenters felt that the guidelines jurisdiction. The former set of proposed shipwrecks to which U.S. title is should apply to both historic and non- guidelines have been consolidated into a asserted applies only to those historic shipwrecks. Commenters also single new guideline no. 4, which says shipwrecks that are included in or felt that the guidelines were inconsistent Federal agencies should consider the determined eligible for inclusion in the with the Act in that they did not provide effects of proposed undertakings on National Register. That interpretation of for appropriate private sector recovery historic shipwrecks in accordance with Act is not correct; the requirement of State-owned historic shipwrecks. As section 106 of the National Historic applies to all three categories of a result, these guidelines have been Preservation Act. The latter set of abandoned shipwrecks to which U.S. revised substantially. proposed guidelines have been title is asserted under section 6 of the Final guideline no. 1 says the States rearranged but remain basically the Act. should establish policies, criteria and same as they appeared in the proposed Subpart E. The guidelines in subpart E procedures for appropriate public and guidelines, except as follows. Proposed are a consolidation of two sets of private sector recovery of State-owned guideline no. 4 (on treating human guidelines that appeared in the proposed shipwrecks. The guideline provides remains in shipwrecks) and proposed guidelines; that is, the proposed advice on the content of such policies, guideline no. 5 (on confirming the guidelines for evaluation and the criteria and procedures. abandonment of shipwrecks) have been proposed guidelines for documentation. Final guideline no. 2 says the States moved to subpart D. A new guideline no. In regard to the former set of guidelines, should authorize only those public and 5 says Federal agencies should conduct proposed guideline no. 2 (on using non­ private sector recovery activities at activities affecting shipwrecks, located destructive methods) has been State-owned shipwrecks that are in the in the coastal zone in accordance with incorporated into final guideline no. 6 in public interest. The guideline provides section 307 of the Coastal Zone subpart D. Final guideline no. 5 (on advice on how to determine whether a Management Act. preparing a shipwreck inventory) was proposed recovery activity is in the best Subpart C. The guidelines in subpart moved to this subpart from subpart D. interests of the public. C have been rearranged but remain One commenter asked why the States Final guideline no. 3 says the States basically the same as they appeared in and Federal agencies should nominate should protect particular State-owned the proposed guidelines, except as historically significant shipwrecks for shipwrecks from commercial salvage, follows. Final guidelines nos. 8 and 10 listing in the National Register of treasure hunting, and private collecting were moved to this subpart from other Historic Places or for designation as activities. The guideline sets forth sections of the proposed guidelines. A National Historic Landmarks. The criteria for the States to use to new guideline no. 11 says commercial primary reason why the States and determine whether a particular salvors should be required to post Federal agencies should do this is to shipwreck should be protected. performance bonds so sufficient funds fulfill their responsibilities under the Final guideline no. 4 says the States would be available to complete the National Historic Preservation Act to should require that any recovery at salvage activity according to the terms nominate historic properties under their State-owned historic shipwrecks be of the contract if the salvor is unable to ownership or control to the National done in a professional manner. The do so. Register. Listing a historic property in guideline sets forth terms and conditions Subpart D. The guidelines in subpart the National Register makes it eligible to for the States to attach to any permit, D remain basically the same as they receive Historic Preservation Fund license or contract authorizing the appeared in the proposed guidelines, grants for preservation purposes. Being scientific excavation, commercial except as follows. Proposed guideline listed (or being eligible for listing) also salvage or treasure hunting of State- no. 7 (on preparing a shipwreck provides a measure of protection, under owned historic shipwrecks. inventory) has been moved to subpart E. section 106 of the National Historic Final guideline no. 5 says the States Final guidelines nos. 7 and 8 were Preservation Act, from the potential should allow public and private sector moved to this subpart from other adverse effects of proposed Federal recovery activities at State-owned non- sections of the proposed guidelines. projects and programs. Designation as a historic shipwrecks without A new guideline no. 9 says that Act National Historic Landmark provides archeological conditions. requires that the public be given additional protection, under section Final guideline no. 6 says the States adequate notice of the location of any 110(f) of the National Historic should, as appropriate, transfer title to shipwreck to which U.S. title is asserted Preservation Act, from the potential artifacts and other materials recovered under the Act. The guideline sets forth adverse effects of proposed Federal from State-owned shipwrecks by the what information, at a minimum, should undertakings. National Historic private sector to private parties. The be provided. The guideline notes that Landmarks threatened with demolition guideline provides advice on steps the under certain circumstances, the exact or impairment also are eligible to States should take before transferring location of a shipwreck may be receive direct grants for preservation title to any artifacts to private parties. withheld—this is not a violation of the purposes from the Secretary of the Final guideline no. 7 says the States Freedom of Information Act (5 U.S.G. Interior. should disseminate information on 552) as some commenters suggested— Subpart F. The guidelines in subpart F public and private sector recovery but, in such cases, locational are a consolidation of two sets of activities to the public and the scientific information of a more general nature guidelines that appeared in the proposed community, and identifies numerous should be given. The guideline notes guidelines; that is, the proposed methods for doing so. that withholding locational information guidelines for treatment of non-historic Final guideline no. 8 says the States of a general nature would be shipwrecks and the proposed guidelines should discourage the recovery and inconsistent with the Act and the final for archeological recovery of historic display of intact shipwrecks because of Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices 50119 the prohibitive expense and the U.S. Government under the Act, and the National Park Service from the perpetual costs associated with doing asserting U.S. title to sunken aircraft, National Conference of State Historic so. trains and automobiles). A few others Preservation Officers) also contributed Subpart G. The guidelines in subpart suggested that the Act be repealed. It is material that was incorporated ir*o the G have been rearranged but remain beyond the authority of the National guidelines. basically the same as they appeared in Park Service to enact amendments to or Dated: October 5,1990. the proposed guidelines. Final guideline repeal any Federal statute. Such no. 5 has been expanded to address legislative actions are reserved for the Herbert S. Cables, Jr., regulating public access at shipwrecks U.S. Congress. Thus, the suggestions Acting Director, National Park Service. entitled to sovereign immunity. The have not been adopted. Contents guideline says that, in the absence of Other commenters suggested that the Introduction specific instructions from the applicable guidelines be changed in ways that sovereign nation regarding access to its would have been inconsistent with the Part I Definitions shipwrecks, under customary Act (such as withholding from the public Part II Guidelines international law, access by any U.S. A. Establishing State Shipwreck the locations of abandoned shipwrecks Management Programs national is prohibited. The guideline claimed by the U.S. Government under B. Establishing Federal Shipwreck notes the conditions under which the Act, auditing State shipwreck Management Programs sovereigns generally grant permission. management programs, and penalizing C. Funding Shipwreck Programs and Subpart H. The guidelines in subpart States that do not implement the Act’s Projects H have been consolidated and provisions). Such changes have not been D. Surveying and Identifying Shipwrecks rearranged. In addition, two new incorporated into the guidelines. E. Documenting and Evaluating Shipwrecks guidelines have been added. New It is important that the States, the F. Providing for Public and Private Sector guideline no. 1 says interpretive efforts appropriate Federal agencies, and other Recovery of Shipwrecks should present information on the interested parties be fully cognizant of G. Providing Public Access to Shipwrecks vessel’s history and the shipwreck’s the purpose and content of the Act. H. Interpreting Shipwreck Sites various values and uses. New guideline I. Establishing Volunteer Programs Thus, the Act has been reprinted, in its J. Creating and Operating Underwater no. 6 says permittees, licensees and entirety, in a new Part III to the final Parks or Preserves contractors should be required to “Abandoned Shipwreck Act Part III Abandoned Shipwreck Act disseminate information about recovery Guidelines.” Part IV Shipwrecks in the National Register activities at historic shipwrecks. Part IV. Shipwrecks in the National of Historic Places. Subpart I. The guidelines in subpart I Authority: 43 U.S.C. 2101-2106. are a consolidation of two sets of Register o f Historic Places guidelines that appeared in the proposed A new Part IV has been added to the Introduction guidelines; that is, the proposed final “Abandoned Shipwreck Act The Abandoned Shipwreck Act (Pub. guidelines for education and the Guidelines.” It provides information on L. 100-298; 43 U.S.C. 2101-2106) was proposed guidelines for volunteer shipwrecks (and hulks) listed in or signed into law by the President of the programs. The guidelines have been determined eligible for listing in the rearranged but remain basically the United States on April 28,1988. Under National Register of Historic Places as the Act, the U.S. Government asserted same as they appeared in the proposed of December 4,1990. Where known, guidelines. However, proposed guideline information is presented on the title to three categories of abandoned no. 5 (on encouraging scientific and shipwreck’s popular name and the shipwrecks: abandoned shipwrecks educational organizations to participate vessel’s name, if different; type and date embedded in a State’s submerged lands; in shipwreck projects) has been moved of construction; wreck date and abandoned shipwrecks embedded in to subpart C. location; owner and manager, if coralline formations protected by a Subpart J. The guidelines in subpart J different; and level of historical State on its submerged lands; and remain basically as they appeared in the significance. abandoned shipwrecks located on a proposed guidelines. However, at the Publication of this information State’s submerged lands and included in suggestion of several commenters, constitutes notice to the public that, or determined eligible for inclusion in proposed guideline no. 8 (on adding new under the Act, the U.S. Government has the National Register of Historic Places. dive sites to parks and preserves) has asserted title to the abandoned Upon asserting title, the U.S. been deleted. The commenters felt that shipwrecks on the list and has Government transferred its title to the parks should be designated to protect transferred its title to the respective majority of those shipwrecks to the existing historic shipwrecks and other States in or on whose submerged lands respective States to manage. The United submerged resources, not resources that the shipwrecks are located, except for States retained its title to shipwrecks are contrived. In addition, they felt that shipwrecks in or on public lands and located in or on public lands while the State’s limited monetary resources Indian lands. The U.S. Government Indian tribes hold title to shipwrecks should be devoted to protecting existing retains its title to shipwrecks in or on located in or on Indian lands. historic shipwrecks rather than to public lands while Indian tribes hold The Act directs the National Park stripping and sinking non-historic title to those in or on Indian lands. Service to prepare the guidelines being vessels, which is very costly. We agree; issued herewith to assist the States and accordingly, the guideline has been Authorship Federal agencies in developing deleted. Michele C. Aubry (archeologist and legislation and regulations to carry out Part III. Abandoned Shipwreck Act program analyst in the National Park their responsibilities under the Act. In Service) is the author of the final accordance with the Act, the guidelines A few commenters suggested that “Abandoned Shipwreck Act are intended to maximize the certain provisions of the Act be Guidelines.” James P. Delgado (maritime enhancement of cultural resources; amended (such as retaining the law of historian and diver in the National Park foster a partnership among sport divers, finds and the law of salvage for Service) and Patricia C. Knoll fishermen, archeologists, salvors, and abandoned shipwrecks claimed by the (archeologist and diver on contract to other interests to manage shipwreck 50120 Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices

resources of the States and the United (d) Identify recreational and other Act Guidelines” are advisory and, States; facilitate access and utilization values that a shipwreck may possess therefore, non-binding.1 States and by recreational interests; and recognize and the shipwreck’s current and Federal agencies are encouraged to use the interests of individuals and groups potential uses; the “Abandoned Shipwreck Act engaged in shipwreck discovery and (e) Provide for the Long-term Guidelines” and other applicable salvage. protection of historic shipwrecks; standards and guidelines to establish, The “Abandoned Shipwreck Act (f) Protect the rights of owners of non- review, revise, and implement programs Guidelines” and the philosophy upon abandoned shipwrecks; to manage shipwrecks wider their which they are based are the result of (g) Consult and maintain a ownership or control. States and Federal three decades of shipwreck management cooperative relationship with the agencies are free to adopt the experience within units of the national various shipwreck interest groups; “Abandoned Shipwreck Act Guideimes” park system. That experience includes (h) Cooperate with State and Federal in their entirety, make changes to using an interdisciplinary team agencies and sovereign nations having accommodate the diverse and approach to survey, identify, evaluate, an interest in shipwreck management; sometimes unique needs of each State or document, interpret, and protect (i) Provide sport divers with Federal agency, refect parts as hundreds of shipwrecks located in 59 reasonable access to explore inapplicable, or use alternative national park units. It also includes shipwrecks; approaches. experience conserving* storing* and (j) Provide for public appreciation, maintaining artifact and archival understanding, and enjoyment of However, it is clear from the collections relating to shipwrecks and shipwrecks and maritime history; legislative history that the U.S. Confess other maritime resources. Many of these (k) Conduct archaeological research intends for State shipwre-ck activities are carried out with the on shipwrecks where research will yield management programs to be consistent assistance of sport diver and non-diver information important to understanding with the Abandoned Shipwreck Act and volunteers and U.S. Department of the the past; these “Guidelines” and for Federal Navy dive teams. Some activities are (l) Provide for private sector shipwreck management programs to be carried out m cooperation with State participation in shipwreck research consistent with the "Guidelines” to the and foreign governments. This breadth projects; and extent consistent with other applicable of experience in shipwreck management (m) Provide for commercial salvage Federal law (U.S. House of is reflected in the final "Abandoned and other private sector recovery of Representatives Report No. 100-514, Pt. Shipwreck Act Guidelines.” shipwrecks when such activities are in % p. 3, and Pt. 2, p. 7J. The “Guidelines” also reflect many of the public interest. Part L Definitions the comments and suggestions provided The “Guidelines" provide advice an by the public, States, Federal agencies, how to accomplish the basic As used feu purposes of these and various interest groups during the components of shipwreck management. guidelines: course of their development Sixty-six However, it is expected that the level of Abandoned shipwreck means any individuals and organizations provided activity under each component (mid the shipwreck to which title voluntarily has written comments on the proposed specific methods used to accomplish been given up by the owner with the “Abandoned Shipwreck Act Guidelines” each component) will vary from State to intent of never claiming a right or (54 FR 13642, April 4,1989). Over 120 State and from Federal agency to interest in the future and without vesting people presented statements at 11 public Federal agency. Primary factors ownership in any other person. By not meetings held during September and influencing how activities under each taking any action after a wreck incident October 1988; about 130 people sent component are undertaken would either to mark and subsequently remove letters to express their opinions or that include, but not be limited to, the the wrecked vessel and its cargo or to of the organizations or government number and nature of shipwrecks under provide legal notice of abandonment to agencies they represented. In addition, the State or Federal agency’s ownership the U.S. Coast Guard and the U.S. Army 47 States and territories provided or control, the type and amount of Corps of Engineers, as is required under information on their respective current and potential future uses (like provisions in the Rivers and Harbors shipwreck management programs in recreational, commercial, and scholarly Act (33 U.S.C. 409), an owner shows effect in mid-1988. All of these uses), the type and amount of current intent to give up tide. Such shipwrecks comments and suggestions were and potential future impacts, the ordinarily are treated as being carefully considered by the National availability of monetary and staffing abandoned after the expiration of 30 Park Service and, to the extent resources, and the applicability of other days from the sinking. permissible by law, incorporated into related statutes and regulations. (a) When the owner of a sunken the final “Abandoned Shipwreck Act The “Abandoned Shipwreck Act vessel is paid the full value of die vessel Guidelines.” Guidelines” are divided into four parts. (such as receiving payment from an The “Abandoned Shipwreck Act Part I contains definitions of key terms insurance underwriter! die shipwreck is Guidelines” provide advice to the States used in the Act and the “Guidelines.” and Federal agencies cm how to Part II contains guidelines for the effectively manage shipwrecks in waters 1 Since States may establish shipwreck management of shipwrecks under State management programs in offices other than the under their ownership or control. The and Federal agency ownership or State“» historic preservation office, the “Abandoned basic components of a shipwreck control. Part III contains the Abandoned Shipwreck Act Guidelines” are not being management program are to: Shipwreck Act as passed by the U.S. incorporated into National Park Service Geidetine (a) Locate and identify shipwrecks; No. 49, “National Register Programs Guideline,” Congress and signed by the President which is used to review State historic preservation (b) Determine which shipwrecks are Part IV lists the shipwrecks that programs for compliance with the National Historic abandoned and meet the criteria for currently are listed in or are determined Preservation Act flOU.S.C. 470 e t seq.} and the assuming title under the Abandoned eligible for listing in the National terms and conditions of Historic Preservation Fund Shipwreck Act; grant awards. Unless statutorily required, no Register of Historic Places. changes will be made to State historic preservation (c) Determine which shipwrecks are States and Federal agencies should program requirements without prior consultation historic; note that the “Abandoned Shipwreck with die States. Federal Register / Vol. 55, No. 233 / Tuesday December 3, 1990 / Notices ______50121 not considered to b’e abandoned. In such against alienation imposed by the hull, apparel, armaments, cargo, and cases, title to the wrecked vessel is United States, except for any subsurface other contents. Isolated artifacts and passed to the party who paid the owner. interests in lands not owned or materials not in association with a (b) Although a sunken warship or controlled by an Indian tribe or an wrecked vessel, whether intact or other vessel entitled to sovereign Indian individual. broken and scattered or embedded, do immunity often appears to have been Indian tribe as defined in the Act has not fit the definition of a shipwreck. abandoned by the flag nation, regardless the same meaning given the term in the State as defined in the Act means a of its location, it remains the property of Archaeological Resources Protection State of the United States, the District of the nation to which it belonged at the Act (16 U.S.C. 47055), meaning any Columbia, Puerto Rico, Guam, the Virgin time of sinking unless that nation has Indian tribe, band, nation, or other Islands, American Samoa, and the taken formal action to abandon it or to organized group or community, including Northern Mariana Islands. transfer title to another party. Any cargo any Alaska Native village or regional or Submerged lands as defined in the aboard a vessel entitled to sovereign village corporation as defined in, or Act means the lands that are "lands immunity also generally remains the established pursuant to, the Alaska beneath navigable waters,” as defined property of the flag nation unless the Native Claims Settlement Act (85 Stat. in section 2 of the Submerged Lands Act cargo had earlier been unlawfully 688). (43 U.S.C. 1301); lands of Puerto Rico, as captured by that nation. In such a National Register as defined in the described in section 8 of the Act of situation, title to the cargo remains in Act means the National Register of March 2,1917, as amended (48 U.S.C. the nation from which it had been Historic Places maintained by the 749); lands of Guam, the Virgin Islands captured. Shipwrecks entitled to Secretary of the Interior under section and American Samoa, as described in sovereign immunity are wrecks of 101 of the National Historic Preservation section 1 of Public Law 93-435 (48 U.S.C. warships and other vessels (such as Act (16 U.S.C. 470a). 1705); and lands of the Commonwealth privately owned vessels chartered or Non-bistoric shipwreck means a of the Northern Mariana Islands, as otherwise appropriated by a sovereign shipwreck that is not historic. When a described in section 801 of Public Law nation for military purposes) used only question exists as to the historical 94-241 (48 U.S.C. 1681). on government non-commercial service significance of a shipwreck that is not (a) Under the Submerged Lands Act, at the time of sinking. Examples of listed in or determined eligible for the "lands beneath navigable waters” vessels entitled to sovereign immunity National Register of Historic Places, any means: would include, but not be limited to, U.S. person may make a request to, the (1) Lands covered by nontidal waters battleships and German U-boats from Secretary of the Interior for a written that were navigable at the time the State World War II, Confederate gunboats determination of the shipwreck’s either became a member of the Union or and Union ironclads from the Civil War, eligibility for inclusion in the National acquired sovereignty over the lands and and British frigates and Colonial Register.8 waters; privateers from the Revolutionary War. Public lands as defined in the Act has (2) Lands permanently or periodically A ct means the Abandoned Shipwreck the same meaning given the term in the covered by tidal waters from the mean Act (43 U.S.C. 2101-2106). Archaeological Resource Protection Act high tide line seaward to a line three Embedded as defined in the Act (16 U.S.C. 47055), meaning: geographical miles from the coastline means firmly affixed in the submerged (a) Lands that are owned and (except for the Gulf of Mexico where it lands or in coralline formations such administered by the United States as extends three marine leagues); and that the use of tools of excavation is part of the national park system, the (3) Filled in, made, or reclaimed lands required in order to move the bottom national wildlife refuge system, or the that formerly were defined as lands sediments to gain access to the national forest system; and beneath navigable waters. shipwreck, its cargo, and any part (b) All other lands the fee title to (b) Notwithstanding the special rights thereof. Tools of excavation would which is held by the United States, of Texas, Florida, and Puerto Rico in include, but not be limited to, hydraulic, except lands on the outer continental regard to submerged lands seaward to a pneumatic, or mechanical dredges; shelf, lands under the jurisdiction of the line three marine leagues from the explosives; propeller wash deflectors; Smithsonian Institution, and Indian coastline, under the Abandoned air lifts; blowtorches; induction lands. Shipwreck Act, the United States equipment; chemicals; and mechanical Shipwreck as defined in the Act asserts sovereignty and title only to tools used to remove or displace bottom means a vessel or wreck, its cargo, and qualifying abandoned shipwrecks sediments or coralline formations to other contents. The vessel or wreck may located within, but not beyond, three gain access to shipwrecks. be intact or broken into pieces scattered geographical miles from the coastline. Historic shipwreck means a on or embedded in the submerged lands The Committee on Merchant Marine and shipwreck that is listed in or eligible for or in coralline formations. A vessel or Fisheries has stated that Texas, Florida, listing in the National Register of wreck includes, but is not limited to, its and Puerto Rico are to exercise Historic Places.2 jurisdiction over abandoned shipwrecks Indian lands as defined in the Act has 3 Procedures for requesting determinations of beyond three geographical miles, but the same meaning given the term in the eligibility are contained in regulations at 36 CFR within three marine leagues, from the Archaeological Resources Protection part 63. Criteria for evaluation are found in regulations at 36 CFR part 60. National Register coastline in a manner consistent with Act (16 U.S.C. 47055), meaning lands of Bulletin No. 16, entitled “Guidelines for Completing international law principles (U.S. House Indian tribes, or Indian individuals, National Register of Historic Places Forms," and of Representatives Report No. 100-514, which are either held in trust by the National Register Bulletin No. 20, entitled Pt. 2, p. 5). United States or subject to a restriction "Nominating Historic Vessels and Shipwrecks to the National Register of Historic Places," provide (c) Examples of submerged lands to advice on preparing National Register forms. Copies which the Abandoned Shipwreck Act 2 Under the Abandoned Shipwreck Act, in order of the regulations and bulletins may be obtained by applies would include, but not be limited for the United States to assert title to any writing to the National Register of Historic Places, abandoned shipwreck, the shipwreck must be listed National Park Service, U.S. Department of the to, the bottomlands of navigable inland in or determined eligible by the Secretary of the Interior, P.O. Box 37127, Washington, DC 20013- waters (such as rivers and lakes), tidal Interior for listing in the National Register. 7127. and offshore marine waters (such as 50122 Federal Register / Voi. 55, No. 233 / Tuesday December 3, 1990 / Notices iW n W lUfTlWWPT«— sounds, bays, and gulfs) seaward to a instructors, dive boat operators, dive (f) Reviewing and making line three geographical miles from the shops, commercial and recreational recommendations on applications for coastline, and lands that formerly were fishermen, marina operators, proposed public and private sector navigable but have since been filled in, underwater archeologists, maritime recovery projects; made or reclaimed (such as former river historians, nautical conservators, (g) Making recommendations on the beds where courses have meandered or maritime museums, historic creation of underwater paries or been filled in and former harbor areas preservationists, commercial salvors, preserves that provide additional that have been reclaimed to create non- and marine biologists. In addition, State protection for State-owned shipwrecks; submerged land). However, abandoned and Federal agencies that have related and shipwrecks embedded in formerly or overlapping program responsibilities (h) Periodically reviewing, evaluating, submerged lands would, under common or interests should be involyed. Such law, belong to the owner of the land. and making recommendations for agencies would include, but not be improvement of State shipwreck Part II. Guidelines limited to, those responsible for parks, management program operations. preserves, sanctuaries, wetlands, A. Establishing State Shipwreck refuges, marine life, coastal zone Guideline 3: Assign responsibility for Management Programs management, navigation, harbors, ports, State-owned shipwrecks to appropriate recreation, tourism, museums, agencies. It would be desirable to assign Almost every State, including responsibility for-State-owned landlocked ones with navigable rivers submerged lands, natural resources, cultural resources, historic preservation, shipwrecks to a single agency. However, and lakes, contains shipwrecks in or on it often is not practical to do so since its submerged lands. Under the Act the fishing, and law enforcement. Guideline 2: Establish a shipwreck States have well established respective States now clearly hold title organizational structures where to and are responsible for managing a advisory board. A state shipwreck advisory board should be established to different State agencies have large number of previously abandoned responsibilities for submerged lands and shipwrecks located in state waters. The promote and foster a direct and ongoing cooperative partnership among the resources, the coastal zone, historic Act encourages the States to carry out sites, parks, museums, and historic their responsibilities under the Act in a various interest groups to manage State- owned shipwrecks. As appropriate to preservation matters. In addition, a manner that protects natural resources single agency is unlikely to have and habitat areas, guarantees the needs of each State, the shipwreck advisory board should consist of private available to it the full range of expertise recreational exploration of shipwreck that would be necessary to manage sites, and allows for appropriate public citizens who represent the major fields of interest and government officials who State-owned shipwrecks as multiple-use and private sector recovery of resources. Thus, it is recommended that: shipwrecks consistent with the represent applicable State and Federal protection of the site’s historical values agencies. The major fields of interest (a) An agency experienced in the and environmental integrity. would include, but not be limited to, management of submerged lands and Many States have not yet established sport diving and instruction; dive boat resources of the coastal zone should be programs to cany out the and marina operations; commercial and responsible for the general management responsibilities they acquired under the recreational fishing; commercial salvage of an oversight over State-owned Act. The following guidelines are offered of shipwrecks; underwater archeology, shipwrecks; to assist those States in developing maritime history, historic preservation, (b) An agency experienced in legislation and promulgating regulations curation, and nautical conservation; and recreational resource management and that authorize the establishment of marine biology. Duties of the State historic site management (such as the programs to manage State-owned shipwreck advisory board should State’s park authority) should be shipwrecks. Many other States have include, but not be limited to, the responsible for the day to day established shipwreck management following: management and protection of programs, some of which have been in (a) Making recommendations on shipwrecks located in State underwater operation since the 1970’s. The following enactment or amendment of State law parks or preserves; and guidelines are offered to assist those that authorizes the establishment of (c) An agency experienced in historic States in reviewing and making any programs to manage State-owned preservation matters (such as the State’s necessary amendments to their shipwrecks; historic preservation office or respective program’s authorizing (b) Making recommendations on underwater archeology office) should legislation or implementing regulations promulgation or amendment of State have jurisdiction over State-owned to assure that the responsibilities they shipwreck management program historic shipwrecks. That agency should acquired under the Act are fully regulations, policies, and procedures; have review and approval authority accommodated. fc) Providing advice on the protection over all applications to disturb or Guideline 1: Involve interest groups in of natural resources and habitat areas remove artifacts or materials from shipwreck program development and near State-owned shipwrecks; historic shipwreck sites. In addition, that management activities. States should (d) Providing advice on what agency should be responsible for the cooperate with, meet with, consult, seek constitutes reasonable public access to development and implementation of a comments from, request assistance from, State-owned shipwrecks and how the long-term plan to survey, identify, and otherwise involve in an ongoing State should guarantee recreational document, evaluate, study, interpret, basis interested persons and groups in exploration of its shipwrecks; protect, and preserve State-owned the establishment, review, revision, and (e) Providing advice on what historic shipwrecks located in State implementation of legislation, constitutes appropriate public and waters. regulations, policies, and procedures on private sector recovery of State-owned Guideline 4: Establish regulations, the management of State-owned shipwrecks consistent with the policies, or procedures for the long-term shipwrecks. Interested persons and protection of historical values and management of State-owned groups would include, but not be limited environmental integrity of the shipwrecks. Consistent with the Act and to, sport divers, dive clubs, diving shipwrecks and the sites; the “Abandoned Shipwreck Act Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50123

Guidelines,” regulations, policies, or recovered from shipwreck sites? Does {3) Award of Historic Preservation procedures should be established that* the State use its own staff curators, Fund grants for toe study, interpretation, (a) Provide for the survey, nautical conservators, researchers, and protection, and preservation of historic identification, ducumen taikm. and exhibit specialists, and use its own shipwrecks and properties; evaluation of State-owned shipwrecks; equipment, conservation laboratory, and (b) State’s museum about toe storage, (b) Provide for the study, repository? Does the State award maintenance, conservation, exhibition, interpretation, protection, and contracts or issue permits to private interpretation, and study of artifacts and preservation of State-owned historic parties? Does toe State loan or give other materials recovered from State- shipwrecks; items to sport diver collectors, owned shipwrecks; (c) Provide additional protection to commercial salvors, researchers, (c) State's park authority about the: State-owned shipwrecks through the universities, local museums, or other (1) Creation and operation of State creation of underwater parks or parties? Does the State plan to change underwater parks or preserves; preserves; the way it carries out these activities? (2) Facilitation of sport diver access to (d) Protect natural resources and (d) What kinds of interpretive, State-owned shipwreck sites; and habitat areas near State-owned publication, ami general public (3) Development of interpretive, shipwrecks; awareness programs (toes the State recreational, and public awareness (e) Guarantee sport divers currently have? What kinds are programs about the State’s maritime recreational exploration of State-owned planned? heritage and shipwreck sites; shipwrecks and provide reasonable (e) What is the amount of sport diving (d) State’s submerged lands, natural public access to State-owned activity at shipwreck sites in State shipwrecks; and resources, wetlands, and marine waters? Does toe State Currently fisheries agencies about the protection (f) Allow for appropriate public and facilitate recreational sport diving private sector recovery of State-owned of natural resources and habitat areas activities? Does the State intend to near shipwreck sites, particularly shipwrecks consistent with the promote such activities? protection of historical values and coralline formations protected by the (f) How many underwater parks or State on its submerged lands; environmental integrity of the sites. preserves currently exist? Are they Guideline 5: Provide adequate staff, (e) State’s coastal zone management operated by the State or by Federal office about the: facilities, and equipment. The agencies agencies under agreements with the responsible for the management of State? How many underwater parks or (1) Incorporation of enforceable State-owned shipwrecks should have (or preserves are planned? Will the State shipwreck management regulations, have access to) adequate professional manage them? What recreational and policies and procedures into the State’s staff, office and laboratory facilities, interpretive facilities currently are federally approved coastal zone vessels, and diving and underwater available? Does the State intend to management program; survey equipment to carry out assigned develop any such facilities? (2) Inventory and designation of responsibilities. The number ami (g) What is the amount of scholarly geographic areas of particular concern occupations of staff and kinds of research activity at shipwreck rites in that contain historic shipwrecks, such facilities, vessels, and equipment State waters? Does toe State currently areas being designated in accordance deemed to be adequate will vary regulate such activity? If not, does toe with the State’s federally approved according to the needs and goals of each State intend to regulate scholarly coastal zone management program and State. To help determine appropriate research activities? section 306 of the Coastal Zone staffing and funding levels, States may (fa) What is the amount of commercial Management Act (16 U.S.C. 1455); want to ask themselves the following salvage activity at shipwreck rites in (3) Coordination of any necessary questions: State waters? Does toe State currently Federal consistency determinations (a) How many historic and non­ regulate such activity? If nob does the required in accordance with toe State’s histone shipwrecks axe known to be State intend to regulate commercial federally approved coastal zone present in State waters? How many are salvage activities? management program and section 307 of estimated to exist? Guideline 6: Cooperate and consult toe Coastal Zone Management Act (16 (b) How does toe State conduct with State and Federal agencies. For a U.S.C. 1456); and surveys or excavations to identify, Stele shipwreck management program (4) Award of Coastal Zone evaluate, document, or recover to be effective, toe agencies assigned Management grants under sections 306, shipwreck sites? Does the State use its management responsibility for State- 306A, and 309 of the Coastal Zone own staff underwater archeologists, owned shipwrecks should cooperate Management Act (16 U.S.C. 1455,1455o, maritime historians, and marine and consult, on a routine basis, with and 1456b) for Stole shipwreck surveyors, and use its own vessels, other State and Federal agencies that management program development, equipment, and facilities? Does the State have related or overlapping implementation, and related activities; award contracts or issue permits to responsibilities. State and Federal (f) State’s law enforcement agency private parties? Does the State agencies that should be consulted, mid attorney general’s office about toe coordinate, oversee, and work with the primary purposes for the contract, protection of State-owned shipwrecks volunteers? Does the Stele rely on sport would include, but not be ihnited to, toe: and the prosecution of persons who divers, commercial salvors, commercial (a) State’s historic preservation office willfully damage or vandalize State- fishermen, marine surveyors, and underwater archeology office (or owned shipwrecks or otherwise willfully researchers, and other parties to report archeology office, in the absence of an violate toe State’s shipwreck finds that then are examined by the underwater archeology office) about toe: management program; State’s professional staff? Does the State (1) Identification, documentation, (g) U.S. Army Corps of Engineers and plan to change the way it conducts evaluation, protection, and preservation the US. Coast Guard about: surveys or excavations? of State-owned historic shipwrecks; (1) Legal notice of abandonment of (c) How does the State store, (2) Nomination of historically wrecked vessels that may have been maintain, conserve, study, exhibit, and significant shipwrecks to toe National provided pursuant to the Rivers and interpret artifacts and materials Register; and Harbors Act (33 U.SC. 409); 50124 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

(2) Evidence of prior dredging, filling, shipwreck and to afford the State private sector recovery of shipwrecks, and channel modification that may have agencies assigned management providing public access to shipwrecks, damaged or destroyed shipwrecks; responsibility for State-owned interpreting shipwreck sites, (3) Measures to ensure that survey, shipwrecks a reasonable opportunity to establishing volunteer programs, and inventory, documentation, recovery, and comment on the proposed activity. creating and operating underwater protection activities at State-owned (a) When the State’s shipwreck parks or preserves; shipwrecks do not pose a hazard to management program has been (b) The “Secretary of the Interior’s navigation; and incorporated into the State’s historic Standards and Guidelines for (4) Prompt removal, by the responsible preservation program, the consultations Archeology and Historic Preservation” party or Federal agency, of modem conducted under sections 106 and 110(f) (48 FR 44716; Sept. 29,1983), which sunken vessels that pose a hazard to of the National Historic Preservation provide advice on planning, survey, navigation; Act (16 U.S.C. 470/and 470/1-2) should evaluation, registration, preservation, (h) Advisory Council on Historic be used to comment on proposed and documentation of historic Preservation and appropriate Federal Federal activities that may affect State- properties; agencies about coordination of any owned historic shipwrecks. (c) The National Park Service’s necessary compliance with sections 106 (b) When the State’s shipwreck “Guidelines for Recording Historic or 110(f) of the National Historic management program has been Ships” (September 1988), which provide Preservation Act (16 U.S.C. 470/and incorporated into the State’s federally advice on preparing measured drawings 470A-2) related to a Federal, federally approved coastal zone management and photographs of historic ships as assisted, or federally licensed program, the Federal consistency well as of substantially intact hulks for undertaking in State waters that may reviews conducted under section 307 of which Contemporary documentary have an effect on historic shipwrecks or the Coastal Zone Management Act (16 sources are available; and on shipwrecks that are National Historic U.S.C. 1456) should be used to comment Landmarks; (d) The Secretary of the Interior’s on proposed Federal activities that may “Standards for Historic Vessel (i) National Oceanic and Atmospheric affect State-owned shipwrecks located Administration, U.S. Department of Preservation Projects, with Guidelines within the coastal zone. for Applying the Standards” (May 1990), Commerce, about the designation of (c) When State-owned shipwrecks which provide advice on the treatment, national marine sanctuaries in State that may be affected are historic, the waters and about the management of acquisition, protection, stabilization, comments of the State’s historic preservation, rehabilitation, and historic and non-historic shipwrecks, preservation office and the underwater other historic properties, natural archeology office (or archeology office, restoration of historic vessels. resources, and habitat areas in or on a in the absence of an underwater Copies of the above cited documents State’s submerged lands located within archeology office) should be obtained. may be obtained by writing to the national marine sanctuaries; Guideline 8: Use the National Register National Park Service, U.S. Department (j) National Park Service, U.S. of Historic Places criteria. Section of the Interior, P.O. Box 37127, Department of the Interior, about the 6(a)(3) of the Act requires that any Washington, DC 20013-7127. creation of national park units in State abandoned shipwreck located on— Guideline 10: Prosecute persons who waters and about the management of rather than embedded in—a State’s willfully violate the State’s shipwreck historic and non-historic shipwrecks, submerged lands must be listed in or management program. Persons who other historic properties, natural determined eligible for listing in the willfully damage or vandalize State- resources, and habitat areas in or on a National Register of Historic Places in owned shipwrecks or otherwise willfully State’s submerged lands located within order for the United States to assert title violate the State’s shipwreck units of the national park system; to it. 1116 Act does not require that any managément program should be (k) Office of the Judge Advocate abandoned shipwreck embedded either prosecuted in accordance with State General, U.S. Department of the Navy, in the seabed or in coralline formations laws and regulations governing State- and the General Services protected by a State be so listed or owned property, and where the Administration about the ownership and determined eligible in order for the shipwreck in question is historic, protection of sunken U.S. and United States to assert title to it. historic property laws and regulations. Confederate warships and other vessels Nevertheless, it is recommended that, in (a) Affected interest groups should be entitled to U.S. sovereignty located in or the management of State-owned provided with information on the State’s on a State’s submerged lands; and shipwrecks, the historical significance of shipwreck management program; the (l) Bureau of Oceans and International all shipwrecks be determined using the importance of protecting State-owned Environmental and Scientific Affairs, National Register’s eligibility criteria, shipwrecks; any restrictions, fines, and U.S. Department of State, about the which appear in regulations at 36 CFR penalties for willfully violating the ownership and protection of sunken part 60. program; and an office to contact for foreign flag warships and other foreign Guideline 9: Use applicable standards further information. At a minimum, flag vessels entitled to sovereign and guidelines. Applicable standards information should be distributed to immunity located in or on a State’s and guidelines should be used in the local dive clubs and dive boat operators, submerged lands. operation of the State’s shipwreck posted at marinas and docking facilities, Guideline 7: Establish a consultation management program. As appropriate, and posted on or near shipwreck sites. procedure to comment on State and these would include, but not be limited (b) Criminal fines and civil penalties Federal activities that may adversely to: for persons convicted of willfully affect State-owned shipwrecks. State (a) The National Park Service’s violating provisions of the State’s and Federal agencies whose activities “Abandoned Shipwreck Act Guidelines” management shipwreck program should may disturb, alter, damage, or destroy being issued herewith, which provide be commensurate with the nature of the State-owned shipwrecks should be advice on funding shipwreck programs violation, increase with subsequent required, prior to approving the activity, and projects, surveying and identifying convictions, and include community to take into account the effect of the shipwrecks, documenting and evaluating service in the management of proposed activity on any State-owned shipwrecks, providing for public and shipwrecks. Third and subsequent Federal Register / Vol. 55, No. 233 / Tuesday, December 4 , 1990 / Notices 50125 convictions should include confiscation 4JQaa-mm) and expanded upon in 1980 may be affected by their programs and and forfeiture of all equipment and when the National Historic Preservation projects. The following guidelines are vessels used In the commission of the Act [16 U.S.G. 470 et seq.) was amended. offered to assist Federal agencies in violation. Abandoned shipwrecks located on reviewing and making any necessary (c) Artifacts and other materials public lands generally have been treated changes to these programs to ensure recovered illegally from State-owned as Federal property and have been that shipwrecks under their ownership shipwrecks after enactment of the managed according to applicable or control are properly managed and State’s shipwreck statute should be Federal property, land management, and protected and to ensure that the effects confiscated. When possible, artifacts historic preservation statutes. The of their projects and programs on and materials of historical significance Abandoned Shipwreck Act (43 U.S.C. historic shipwrecks are taken into should be conserved and maintained. 2101-2108) reaffirms this assertion of account prior to project or program (d) Any fines or penalties collected U.S. title and management responsibility approval should be used to repair or stabilize for abandoned shipwrecks located on Guideline 1: Manage historic damaged shipwreck sites, restore the public lands. However, the Antiquities shipwrecks in accordance with section environment surrounding the sites, Act, the Archaeological Resources 110 of the National Historic conserve and maintain confiscated Protection Act, and other historic Preservation A c t In accordance with historically significant artifacts and preservation statutes establish more section 110 of the National Historic other materials, further die efforts of stringent requirements than does file Preservation Act (16 U.S.C. 470A-2), shipwreck research and protection, and Abandoned Shipwreck Act for managing when a Federal agency owns or controls enhance the public’s appreciation of the and protecting federally-owned or submerged lands, the agency must: State’s maritime heritage. controlled historic shipwrecks. Because (a) Assume responsibility for the Guideline 11: Provide legal recourse of these differences, fire Committee on preservation of historic shipwrecks sites for persons affected by the State's Merchant Marine and Fisheries said that located on federally-owned or shipwreck management program. Any “Federal agencies * * * should manage controlled submerged lands; affected person or party who believes a their historic shipwrecks consistent with (b) To the maximum extent feasible, State's shipwreck management program the (Abandoned Shipwreck Act) is not consistent with the intent of the use historic shipwreck sites under its guidelines to the extent consistent with ownership or control for agency Act and die "Abandoned Shipwreck Act other applicable federal law” (U.S. Guidelines” should be provided with purposes (such as studying and House of Representatives Report No. interpreting the sites for the public); legal recourse under State law. In 100-514, Pt. 2, p.7). particular, any affected person should Under the National Historic (c) In accordance with appropriate be provided with an opportunity to Preservation Act, Federal agencies also professional standards, take steps to appeal decisions by the State to: are responsible for taking into account preserve historic shipwreck sites under (a) Withhold public notice of the the effects of their programs and its ownership or control (such as locations of shipwrecks to which, under projects on historic properties. Some stabilizing and preserving historic the Act, the State holds title; activities that are undertaken, funded, shipwrecks in place, or recording and (b) Deny a person's request for non­ licensed, or permitted by Federal recovering sites when preservation in destructive recreational exploration of agencies have the potential to affect place is not feasible); or public access to State-owned historic shipwrecks. Examples of such (d) In cooperation with the State’s shipwrecks; activities would include, but not be historic preservation office, establish (c) Deny a person’s request for die limited to, dredging in rivers and programs to locate, inventory, and recovery of State-owned shipwrecks harbors, discharging material into a nominate historic shipwrecks under its when the person believes the proposed waterway, constructing bridges and ownership or control for inclusion in the recovery is consistent with the historical harbor facilities, exploring for and National Register of Historic Places. The values and environmental integrity of developing mineral resources, removing State’s underwater archeology office (or the shipwreck and the site; and shipwrecks and drift, commercially archeology office, in the absence of an (d) Assess a civil penalty against a salvaging shipwrecks, making wildlife underwater archeology office) also person who is convicted of willfully habitat improvements, and making should be consulted about the survey, violating the State's shipwreck shoreline or channel improvements. identification, documentation, and management program. These kinds of activities are subject to evaluation of historic shipwrecks; Any affected person may appeal a the provisions of sections 108 and 110 of (e) Exercise caution to ensure that State’s evaluation of the historical the National Historic Preservation Act historic shipwreck sites under its significance of a shipwreck by (16 U.&C. 470/ and 47QÀ-2). ownership or control are not requesting from the Secretary of the In addition, some activities that ane inadvertently transferred, sold, Interior a written deteraninafion of the directly undertaken, funded, licensed or destroyed, substantially altered, or shipwreck’s eligibility for listing in the permitted by Federal agencies have the allowed to deteriorate significantly; National Register of Historic Places. potential to affect shipwrecks located in (I) When a Federal or federally assisted undertaking will destroy or B. Establishing Federal Shipwreck the coastal zone. When these activities Management Programs occur in the coastal zone of a State with substantially alter an historic shipwreck a federally approved coastal zone site, ensure that appropriate records are Federal agencies have been management program, they may be made of the site and deposited in the responsible for managing and protecting subject to section 307 to the Coastal Library of Congress or other institution historic properties {including historic Zone Management Act (16 U.S.C. 1456). designated by the Secretary of the shipwrecks) located on public lands To fulfill these various statutory Interior. The level of recordation should since passage of the Antiquities Act {18 requirements, Federal agencies have be agreed upon by the Federal agency, U.S.C. 431-433) in 1908. This established programs to survey, identify, the State’s historic preservation office, responsibility was reaffirmed in 1979 document, evaluate, protect, and and the Advisory Council on Historic with enactment of the Archaeological preserve historic properties that are Preservation as a part of fire Resources Protection Act (18 U.S.C. under their ownership or control or that consultation process under section 106 50126 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices of the National Historic Preservation (c) For an activity proposed on public under the Archaeological Resources Act (18 U.S.C. 470/); and lands, the artifacts and material remains Protection Act (16 U.S.C. 47066); (g) When a Federal undertaking will that are recovered from the shipwreck (e) The contract is in compliance with directly and adversely affect an historic site will remain the property of the sections 106 and 110 of the National shipwreck designated as a National United States, and the artifacts, material Historic Preservation Act (16 U.S.C. 470/ Historic Landmark, to the maximum remains and copies of associated and 4706-2), the Antiquities Act (16 extent feasible, take steps to minimize records will be preserved in a suitable U.S.C. 431-433), the Archaeological harm to the landmark and afford the repository in accordance with Resources Protection Act (16 U.S.C. Advisory Council on Historic regulations found at 36 CFR part 79; 470aa-mm), the Archeological and Preservation an opportunity to comment (d) For an activity proposed on Indian Historic Preservation Act (16 U.S.C. 469- on the undertaking. The Advisory lands, the Indian landowner and Indian 469c), and any other Federal statutes Council on Historic Preservation’s tribe having jurisdiction have consented governing the management of the area to regulations (36 CFR part 800) set forth to the proposed activity and, unless the be searched; procedures for Federal agencies to fulfill Indian owner retains custody of the (f) The Federal land manager agrees this requirement. artifacts and material remains, the to provide security and protective Guideline 2: Issue archeological artifacts, material remains and copies of custody for any property recovered; permits for the recovery of historic associated records will be preserved in (g) The U.S. Government retains any a suitable repository in accordance with shipwrecks in accordance with the artifacts or other items recovered that it regulations found at 36 CFR part 79; Archaeological Resources Protection determines are an archeological A c t Requests for the archeological (e) The proposed activity is fully resource; recovery of historic shipwrecks located consistent with any management plan on public and Indian lands must be applicable to the submerged lands under (h) The gross value of any property reviewed and approved or denied by the agency’s jurisdiction; and recovered, exclusive of any portion that Federal land managers in accordance (f) For an activity proposed on public is determined to be an archeological with the permitting requirements set lands at a site that may be of Indian resource, is shared on a 59-50 basis forth in the Archaeological Resources tribal religious or cultural importance, between the U.S. Government and the Protection Act (16 U.S.C. 470aa-mm), its the Federal land manager has notified parties to the contract, but only after the implementing regulations (43 CFR part 7; the appropriate Indian tribe. U.S. Government determines the 36 CFR part 296; 18 CFR part 1312; 32 Guideline 3: Issue contracts for the property’s nature, value, and any rights CFR part 229), and any other agency preservation, sale, or collection of of third parties; and specific statutes and regulations. wrecked, abandoned, or derelict (i) Any other requirements that the Federal land managers generally issue shipwrecks in accordance with Federal General Services Administration or the permits for the excavation or removal of property statutes. Requests to search for Federal land manager may deem to be archeological resources (including and preserve, sell, or collect any in the best interests of the Federal historic shipwrecks) when the following shipwreck that may have been wrecked, Government. conditions are met: abandoned, or become derelict on public Persons interested in searching for (a) The permit applicant is qualified to lands must be reviewed and approved shipwrecks that may have been carry out die activity, meaning that the or denied in accordance with section 310 wrecked, abandoned, or become derelict person has: of title 40 of the U.S. Code and on public lands should contact the (1) A graduate degree in anthropology implementing procedures established by Property Management Division of the or archeology, or equivalent training and the General Services Administration. Federal Supply Service in the General experience; The General Services Administration Services Administration, Washington, (2) Demonstrated the ability to plan, generally issues contracts for the DC 29406 and the applicable Federal equip, staff, organize, and supervise the preservation, sale, or collection of land manager for further information. type and scope of the proposed activity; property (or related proceeds) that may Guideline 4: Consider the effects of (3) Demonstrated the ability to carry have been wrecked, abandoned, or proposed undertakings on historic research to completion, as evidenced by become derelict on public lands when shipwrecks in accordance with section timely completion of theses, research the following conditions are met: 106 o f the National H istoric reports, or similar documents; (a) The applicant pays a Preservation Act. In accordance with (4) Completed at least 16 months of nonrefundable service charge of $500 to section 106 of the National Historic professional experience and/or cover the U.S. Government’s Preservation Act (16 U.S.C. 470/), specialized training in archeological administrative costs for processing the Federal agencies must take into account field, laboratory, or library research, contract; the effect of any proposed Federal, administration, or management, (b) The contract will result in no cost federally assisted, or federally licensed including at least 4 months experience or expense to the U.S. Government, undertaking on any shipwreck that is and/or specialized training in the kind meaning that the contractor agrees to included in or eligible for inclusion in of activity being proposed; and reimburse the U.S. Government for all the National Register of Historic Places. (5) Completed at least 12 months of expenses it may incur in connection In addition, agencies must afford the experience in research concerning with the search and posts a bond to Advisory Council on Historic archeological resources of the pertinent cover any-costs that the Federal land Preservation a reasonable opportunity prehistoric or historic period, meaning manager may incur related to the to comment on the proposed that applicants proposing to study search; undertaking. Agencies must take these historic shipwrecks should have one (c) Die Federal land manager gives actions prior to approving the year of experience in historic shipwreck permission; expenditure of any Federal funds or research; (d) The Federal land manager prior to issuing any license, as the case (b) The proposed activity is for the determines that the property that is the may be. The Advisory Council on purpose of furthering archeological object of the search is not of Historic Preservation’s regulations (36 knowledge in the public interest; “archeological interest,’’ as defined CFR part 800) set forth procedures for Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 59127

Federal agencies to fulfill their section (4) Archeological, historical, and the National Historic Preservation Act” 106 responsibilities. maritime societies, museums, and other (53 FR 4727; Feb. 17,1988), which are (a) When historic shipwrecks entitled organizations that are interested in designed to assist Federal agencies in to U.S. sovereignty may be affected, the historic shipwrecks in the area of complying with their responsibilities applicable U.S. Government agency potential impact. under section 110 of that Act; owner (generally the U.S. Department of Guideline 5: Conduct a ctivities (d) The National Park Service’s the Navy for U.S. vessels and the affecting shipwrecks located in the “Guidelines for Recording Historic General Services Administration for coastal zone in accordance with section Ships” (Sept. 1988), which provide Confederate vessels) should be afforded 307 of the Coastal Zone Management advice on preparing measured drawings the opportunity to be a consulting party Act. Direct Federal and federally and photographs of historic ships as during the section 106 consultation funded, licensed and permitted activities process. affecting shipwrecks located in the well as of substantially intact hulks for (b) When other historic shipwrecks coastal zone may be subject to Federal which contemporary documentary entitled to sovereign immunity may be consistency reviews conducted in sources are available; and affected, the Bureau of Oceans and accordance with section 307 of the (e) The Secretary of the Interior’s International Environmental and Coastal Zone Management Act (16 “Standards for Historic Vessel Scientific Affairs, U.S. Department of U.S.C. 1456) and its implementing Preservation Projects, with Guidelines State, should be contacted to secure regulations (15 CFR part 930). Federal for Applying the Standards” (May 1990), comments from the applicable flag agencies whose activities may affect which provide advice on the treatment, nation. shipwrecks located in the coastal zone acquisition, protection, stabilization, (c) When other federally-owned should consult and cooperate with the preservation, rehabilitation, and historic shipwrecks or State-owned State’s coastal zone management office restoration of historic vessels. historic shipwrecks may be affected, the about any necessary compliance with Guideline 7: Protect shipwrecks in or applicable Federal or State agency this requirement prior to approving the on a State’s submerged lands located in owner (and manager, if different from expenditure of any Federal funds or units of the national park system and the owner) should be afforded the prior to issuing any license or permit, as other federally managed areas. Units of opportunity to be a consulting party the case may be. Federally funded, the national park system, the national during the section 106 consultation licensed and permitted activities subject wildlife refuge system, the national process. to this requirement must be in forest system, and the national marine (d) When other non-abandoned compliance with the State’s federally historic shipwrecks may be affected, the approved coastal zone management sanctuaries system generally are created person or party who holds title to the program, including any enforceable either to protect significant cultural, shipwrecks should be afforded the shipwreck management laws, biological, or natural resources or to opportunity to be a consulting party regulations, policies, and procedures provide recreational and educational during the section 106 process. that have been incorporated into that opportunities for the public. While the (e) During the section 106 consultation program. Direct Federal activities must Federal Government holds fee simple process, Federal agencies should contact be conducted, to the maximum extent title to most of these areas, some lands “interested persons” who, as defined in practicable, in a manner consistent with are owned by the States. paragraph 800.2(h) of the Advisory the State’s federally approved coastal Notwithstanding who holds title to the Council on Historic Preservation’s zone management program. lands, national parks, national wildlife regulations (36 CFR part 800), are Guideline 6: Use applicable Federal refuges, national forests, and national organizations and individuals concerned standards and guidelines. Applicable marine sanctuaries should be managed with the effects of an undertaking on Federal standards and guidelines should in such a manner that the resources they historic properties. “Interested persons” be used by Federal agencies in the contain (including publicly-owned may have information about the management of shipwrecks under their shipwrecks) are protected and presence of historic shipwrecks within ownership or control. As appropriate, maintained for long-term public use and the area of potential impact of the these would include, but not be limited enjoyment. Where the U.S. Government proposed undertaking, information to: manages submerged lands of a State about other non-historical values and (a) The National Park Service’s located within units of the national park current uses of those shipwrecks, and “Abandoned Shipwreck Act Guidelines” system, the national wildlife refuge information about possible effects that being issued herewith, particularly the proposed undertaking may have on system, the national forest system, and sections that provide advice on funding the national marine sanctuaries system, the sites. “Interested persons” would shipwreck programs and projects, include, but not be limited to: surveying and identifying shipwrecks, the respective Federal land managers (1) Federal, State, regional, and local documenting and evaluating shipwrecks, and the State should enter into written governmental agencies, Indian tribes, providing public access to shipwrecks, agreements (or amend existing and private landowners who control or interpreting shipwreck sites, and agreements) for the purpose of have jurisdiction over the submerged establishing volunteer programs; specifying how State-owned shipwrecks lands or adjacent lands to be affected; (b) The “Secretary of the Interior’s are to be managed. Agreements should (2) Sport divers, dive boat operators, Standards and Guidelines for stipulate that the State-owned commercial and recreational fishermen, Archeology and Historic Preservation” shipwrecks shall be managed and and commercial salvors who are (48 FR 44716; Sept. 29,1983), which protected in a manner consistent with interested in shipwrecks in the area of provide advice on planning, surveying, how federally-owned shipwrecks are potential impact; evaluation, registration, preservation, managed and protected. In addition, (3) Underwater archeologists, and documentation of historic agreements should specify that souvenir maritime historians, maritime curators, properties; collecting, commercial salvage, treasure and nautical conservators who are (c) The National Park Service’s hunting, and other damaging activities interested in historic shipwrecks in the “Guidelines for Federal Agency shall be prohibited at historic area of potential impact; and Responsibilities Under Section 110 of shipwrecks. 50128 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

C. Funding Shipwreck Programs and approved by a State legislature or the National Oceanic and Atmospheric Projects U.S. Congress, sufficient monies should Administration’s Office of Ocean and Adequate funding is the key to the be made available not only for the initial Coastal Resource Management in the successful operation of programs for the excavation, but also for the subsequent U.S. Department of Commerce has management of publicly-owned laboratory analysis, conservation identified sections 308, 306A, and 309 of shipwrecks. Without sufficient funding, treatments, storage and maintenance in the Coastal Zone Management Act (16 a State or Federal agency would have an appropriate repository, report U.S.C. 1455,1455o, and 1456b) as difficulty carrying out its responsibilities preparation, and public interpretation. potential funding authorities to assist under the Act and other applicable State Because studies of shipwreck sites States in developing and implementing and Federal property, land management, ordinarily are completed over the course State shipwreck management programs and historic preservation statutes and of several years, multiyear budget and related activities. Coastal Zone regulations as they relate to shipwrecks. estimates should be prepared and Management (CZM) grants would be These responsibilities include the submitted as part of the initial available only to those States that have survey, identification, documentation, appropriation request for each project. federally approved coastal zone evaluation, and protection of Guideline 2: Collaborate with other management programs. Subject to shipwrecks. In addition, it includes the State and Federal agencies to reduce annual appropriation by the U.S. study and preservation of historic costs. Where State and Federal agencies Congress, without restrictions to the shipwrecks and the storage, own or control contiguous submerged contrary, CZM grants may be made maintenance, conservation, study, lands, they should enter into written available through a State’s coastal zone interpretation, and exhibition of agreements to coordinate their management office as follows: artifacts and other materials recovered shipwreck management program (a) Section 306 CZM grants may be from historic shipwrecks. It also activities. Jointly conducting archival used to assist in the development of includes providing public access to research and field surveys that are State shipwreck management programs. shipwrecks for recreational purposes regional in scope and encompass the To be eligible for implementation grants and regulating public and private sector submerged lands of all of the respective under sections 306, 3Q6A, and 309, recovery of shipwrecks. agencies would reduce overall costs, shipwreck management programs must Expenses associated with the require fewer staff, eliminate be incorporated into the State’s management of publicly-owned historic duplication of effort, and result in a federally approved coastal zone shipwrecks can be exorbitant, more complete and extensive management program. particularly costs to conduct scientific assessment of known and potential (b) Section 306A CZM grants may be research underwater and to maintain shipwrecks in the areas studied. Jointly used for low cost construction, and conserve artifacts and materials establishing, operating, and using acquisition or education activities recovered from an underwater conservation laboratories and associated with the management of environment. But, the results of repositories would reduce overall costs shipwrecks in the coastal zone. To be research, conservation, interpretation, associated with storing, maintaining, eligible, projects must meet one of the and exhibition efforts also can generate and conserving artifacts and other following objectives: substantial revenues, sometimes in materials removed from shipwreck sites. (1) Preservation or restoration of excess of the costs, primarily through Guideline 3: Fund projects from the specific areas that are designated under increased tourism.4 H istoric Preservation Fund. Section 4(b) the State’s coastal zone management The following guidelines are offered to of the Act says that funds available to program because of their conservation, assist the States and Federal agencies in States from historic Preservation (HPF) recreational, ecological or esthetic securing and allocating funds and in grants shall be available, in accordance values, or because of their national generating revenues to carry out with Title I of the National Historic significance; responsibilities to manage publicly- Preservation Act (16 U.S.C. 470), for the (2) Redevelopment of deteriorating owned shipwrecks under their study, interpretation, protection, and and underutilized urban waterfronts and respective control. preservation of historic shipwrecks and ports that are designated under the Guideline 1: Fund shipwreck properties. HPF grants to the States are State’s coastal zone management management programs and projects available only after appropriation by the program as “areas of particular from annual appropriations. State and U.S. Congress and thus may or may not concern;” or Federal agency shipwreck management be available. When HPF grants are (3) Provide for increased access to programs should be funded from annual made to the States without restrictions public beaches, coastal waters and appropriations. Separate appropriation to the contrary, State historic other coastal areas. requests should be made to conduct preservation offices should include (c) Section 309 CZM grants may be studies at a particular shipwreck site or activities relating to historic shipwrecks used for projects that address interstate to study an area for possible designation within the scope of their program of or regional shipwreck management as an underwater park or preserve. eligible activities. In particular, historic problems and solutions. Special studies should be undertaken shipwrecks should be included in the CZM grants could be of tremendous only when a commitment is made to State’s inventory of historic properties value to States as sources of funding for fund the study to completion. This and the State’s comprehensive historic managing State-owned shipwrecks. means that when a special request to preservation plan. This would enable Specific activities that a State may excavate a historic shipwreck is the State to more effectively identify undertake using CZM grants would management needs, set priorities, include, but not be limited to, 4 The best example is in Sweden, where sufficient undertake archival research, survey, designating areas within an underwater public and private funds were made available to identify, document, evaluate, interpret, park in the coastal zone as "areas of document raise, maintain, conserve, interpret, and protect, and preserve historic particular concern” because they exhibit the intact 17th century Swedish warship shipwrecks located in State waters. contain nationally significant historic Vasa. Revenues generated annually into the Swedish economy by tourists visiting the Vasa are Guideline 4: Fund projects using shipwrecks, rehabilitating piers and said to be $275 million. Coastal Zone Management grants. The replacing pilings to increase public Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50129

access to and recreational use of State- corporations, and businesses may have vessels, supplies, and equipment may be owned shipwrecks, installing bulkheads grant monies available for shipwreck used under certain Federal grant to increase public safety when accessing projects; private sector grants often are programs as a match for Federal funds. shipwrecks, and developing educational contingent upon the grantor receiving Guideline 10: Encourage scientific and and interpretive materials about exclusive media or advertising rights educational organizations to participate shipwreck sites in the coastal zone. connected with the project. in shipwreck projects. Universities, Guideline 5: Use other appropriate Guideline 7: Encourage other States, colleges, and other scientific and Federal funding authorities. The Federal agencies, and nations to co­ National Historic Preservation Act (16 educational organizations that offer sponsor shipwreck projects. Another avocational or professional underwater U.S.C. 470 e t seq.) and the Archeological State, Federal agency, or sovereign and Historic Preservation Act (16 U.S.C. nation may be interested in co­ archeology courses should be 469-469c) identify several methods for sponsoring or otherwise participating in encouraged to participate in shipwreck Federal agencies to ensure that projects at shipwrecks to which they research projects; such organizations sufficient monies are available to have an historical connection. When often are willing to participate and use identify, evaluate, document, and there is reason to believe that another projects as field schools to train recover data from historic shipwreck party may be interested, they should be students. In addition, universities and sites that may be affected by a Federal contacted and encouraged to colleges that offer professional undertaking or a federally assisted, participate. In addition, prior to underwater archeology degree programs licensed or permitted project or conducting any studies of vessels should be encouraged to participate in program. Those methods include, but are entitled to sovereign immunity, the shipwreck projects; students in degree not limited to, the following: applicable U.S. Government agency or programs often are willing to participate (a) For Federal undertakings, Federal sovereign nation holding title must be and use projects as research sites for agencies may use appropriated project contacted for permission. (Any contact masters theses and doctoral funds to conduct underwater surveys with foreign sovereigns must be via the dissertations. and recover historic shipwrecks that Bureau of Oceans and International Guideline 11: Require commercial will be impacted by the proposed Environmental and Scientific Affairs in salvors to post performance bonds. Any undertaking. When estimating a the U.S. Department of State.) contracts awarded to commercial project’s costs, costs for surveys and Guideline 8: Authorize the acceptance salvors for the salvage of shipwrecks shipwreck identification and evaluation of donations and the ability to enter into should require the salvor to post a efforts should be included in the cooperative agreements. In order to performance bond in an amount that project’s planning budget while costs for enable non-government parties to assist would cover costs associated with the documentation and excavation of sites in locating, documenting, evaluating, activity. The posting of a performance and costs for conservation and studying, interpreting, and protecting bond should ensure that sufficient funds preservation of recovered artifacts, publicly-owned shipwrecks, States and would be available to complete the materials, and associated records Federal agencies should ensure that they salvage activity according to the terms should be included in the project’s have the authority to: of the contract, shbuld the salvor be mitigation budget; (a) Accept donations of funds, unable to do so. The posting of a (b) For Federal projects and programs personal property and services from performance bond would be particularly carried out by a State agency on behalf other parties; and important where a contract is awarded of the Federal agency, Federal agencies (b) Enter into cooperative agreements may use appropriated funds to by a State for the salvage of an historic with scientific and educational shipwreck since the costs associated reimburse the State agency for costs institutions. incurred conducting preservation with conserving, maintaining, and Guideline 9: Encourage volunteers to storing artifacts and materials recovered activities; participate in shipwreck projects. Dive (c) For federally assisted projects, clubs, sport divers, and non-divers from an underwater environment can be high. Federal agencies may use appropriated should be encouraged to volunteer their funds to reimburse grantees for costs skills in shipwreck projects. Project D. Surveying and Identifying incurred conducting preservation activities often of interest to volunteers Shipwrecks activities as a part of the grant project; are assisting in the conduct of archival and research, participating in surveys to Section 6(b) of the Act requires that (d) For federally licensed or permitted locate shipwrecks, verifying remote adequate notice be given to the public of projects, Federal agencies may charge sensing data that indicates the presence the location of any shipwreck to which reasonable costs for preservation of shipwreck sites and anomalies, title is asserted under the Act. The activities to Federal licensees and participating in test excavations, purpose of providing public notice is to permittees as a condition to the issuance mapping and photographing shipwreck ensure that sport divers, dive boat of the license or permit. sites, helping evaluate a shipwreck’s operators, commercial and recreational Guideline 6: A pply for other public multiple values and uses, helping fishermen, operators of trawlers and and private sector grants. Subject to prepare nominations for the National dredgers, and others know which annual appropriations by the U.S. Register, and assisting in the shipwrecks are historically significant. Congress for such purposes, other public conservation of recovered artifacts. In To comply with this requirement, the sector grant monies may be available addition, dive shops, dive boat States and Federal agencies should for shipwreck projects. Federal granting operators, and other maritime and non- actively work to develop a detailed agencies that may have funds available maritime corporations and businesses understanding of the number, nature, for shipwreck projects would include, should be encouraged to donate the use location, and historical significance of but not be limited to, the National of vessels, supplies, and equipment in shipwrecks in or on their submerged Science Foundation, the National shipwreck projects. Where shipwreck lands. Such an understanding is possible Endowment for the Humanities, and the projects are funded in part by Federal only through a systematic survey of National Trust for Historic Preservation. grants, the monetary value of the submerged lands and identification of In addition, private foundations, volunteered and donated services, shipwrecks. 50130 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

The following guidelines are offered to focused in areas known to have been Mercator grid, Loran C, latitude and assist the States and Federal agencies in used during periods of exploration and longitude, or compass bearings). surveying for and identifying shipwrecks colonization, but where there is little Guideline 6: Ground-truth shipwrecks located in or on submerged lands under historical documentation about and anomalies using non-destructive their ownership or control. shipwrecks. When the archeological methods. All shipwrecks and unverified Guideline 1: Prepare an archeological assessment indicates that no shipwrecks located during a remote sensing survey assessment for the survey area. Prior to are known or expected to have occurred should be ground-truthed through sea- conducting the field survey, underwater in a given area, die area should be bottom inspection—either by remotely archeologists and maritime historians assigned a low priority for survey until operated vehicle or by divers. should assess the potential for and new information indicates otherwise. Shipwrecks should be examined to predict the locations of shipwrecks that Guideline 3: Coordinate archival determine the nature, extent and may be present in the area to be research and field survey efforts with integrity of the wrecked vessel, surveyed. other State and Federal agencies. To the surviving cargo, and associated (a) Assessments should be based on extent possible, archival research and scattered wreckage, and to locate any available primary and secondary field surveys should be coordinated and visible human remains. Shipwrecks sources about shipwrecks as well as conducted jointly with those being should be examined in as non­ wrecked vessels that were salvaged or undertaken or authorized by other State destructive and non-disturbing a manner refloated. Information about the and Federal agencies that have as possible. Determinations of a presence of shipwrecks should be responsibilities for contiguous shipwreck’s type, age, condition and, solicited from sport divers, dive clubs, submerged lands. At a minimum, the when possible, specific identity should charter boat operators, commercial result» of archival research and field be made without test excavations or salvors, fishermen, marine surveyors, surveys should be shared with those removal of artifacts or other materials. local residents, and other State and Federal agencies. In addition, When test excavations are necessary or knowledgeable individuals. Records of archival research and field surveys artifacts or other materials must be the U.S. Coast Guard and the U.S. Army should be coordinated with and the removed (such as when the shipwreck is Corps of Engineers should be examined results provided to the State’s historic embedded or encrusted), the amount to for evidence of abandoned shipwrecks. preservation office and underwater be excavated or removed should be as Annual reports and records of the U.S. archeology office (or archeology office, limited as possible to make evaluations, Army Corps of Engineers on ports, in the absence of an underwater and be done using archeological harbors, and waterways should be archeology office) so that information on methods. This is particularly important examined for evidence of prior dredging, historic shipwrecks may be included in in cases where historical value is filling and channel modification that the State’s inventory of historic suspected. Any artifacts or other may have damaged or destroyed properties and the State’s materials recovered from historic shipwrecks. Reports (prepared for the comprehensive historic preservation shipwrecks should be conserved by a Minerals Management Service, U.S. plan. nautical conservator. Department of die Interior) about the Guideline 4: Use scientific methods Guideline 7: Provide for the treatment potential for shipwrecks and other and techniques to conduct field surveys. of human remains in shipwrecks. To the historic properties on the outer Field surveys to locate shipwreck sites extent possible, human remains in continental shelf also should be should employ scientific methods and shipwreck should be left in place as examined. techniques. Magnetometers, side-scan burials at sea. However, when remains (b) Assessments should identify sonar, subbottom profilers, and remotely (whether of known or unknown persons navigational hazards (such as operated vehicles often can provide cost and whether intact or decomposed) are submerged outcrops), climatological effective coverage for deep water sites. being disturbed by unavoidable or factors (such as hurricanes] and Surveys should be conducted uncontrollable human activity, they historical events (such as naval systematically, with sufficiently close engagements) that may have caused lane spacing to provide accurate, should be removed and appropriately vessels to founder or wreck. Where detailed coverage of an area. Surveys disposed of. Where the remains are of individual shipwreck sites are known or should be conducted by a team that known individuals, a reasonable effort suspected, the assessment should includes, at a minimum, persons trained should be made to contact relatives of summarize the vessel’s structural in the conduct of marine surveys, the the deceased to discuss the removal and features, the wreck incident, any use of remote sensing equipment, and disposition of the remains. Until human salvage operations, and any prior the examination and analysis of remote remains are removed, activities that archeological surveys or excavations. sensing readings for the purpose of would disturb them should be The approximate or known, verified identifying shipwrecks. All tapes, prohibited. location of the shipwreck should be equipment readings, field notebooks, Guideline 8: Confirm the plotted on nautical charts to determine and logs generated during surveys abandonment of shipwrecks. When areas that should be surveyed. should be collated and archivally saved there is reason to believe that a Guideline 2: Prioritize surveys. for future study. Reports should be shipwreck may not be abandoned, prior Initially, surveys should be focused prepared and published that describe to assuming title or taking any action primarily in areas where shipwrecks are the areas surveyed, survey methods that would affect the shipwreck, steps known or expected to be found. In used and the results. should be taken to confirm that the addition, priority should be given to Guideline 5: Record shipwreck shipwreck is abandoned. areas subject to high visitor use, locations. Areas surveyed should be (a) Vessels grounded or sunk in dredging, dumping, trawling, recorded using accurate positioning navigable waters of the United States development, natural degradation, systems to determine wreck locations. are subject to provisions in the Rivers siltation, and other activities that may The location of each shipwreck located and Harbors Act of 1899 (33 U.S.C. 409). damage shipwrecks or make them during the survey should be recorded on When a shipwreck is thought to have inaccessible. Once these areas are a map by using a standard coordinate wrecked after enactment of this statute, surveyed, future survey work should be system (such as Universal Transverse the U.S. Coast Guard and the U.S. Army Federal Register / VoL 55» No» 233 / Tuesday, December 4,1990 / Notices 50131

Corps of Engineers should be contacted E. Documenting and Evaluating Guideline I: Make a photographic to determine if the owner of the wrecked Shipwrecks record of shipwrecks. Where possible, vessel provided legal notice of shipwrecks should be photographed abandonment in accordance with that Documenting a shipwreck (whether it is historic or non-historic) provides using black and white photographic fibn Act. and color slide film. Photographs of nan- (b) When a shipwreck is thought to be important baseline information for long­ term management of the site. Once a embedded shipwrecks should include a U.S. or Confederate warship or other shots of the wrecked vessel, artifacts, vessel entitled to US. sovereignty, the shipwreck has heen documented, it is then possible to assess changes to it and and important features. Embedded Office of the fudge Advocate General, shipwrecks should be photographed U.S. Department of the Navy, the the surrounding area over time. These changes may result from siltation, water without removing bottom sediments or General Services Administration should encrustations. All photographs should be contacted for assistance in currents, water pollution, dredging, trawling, anchor damage, vandalism, or be clearly labeled and, where possible, determining proper ownership. contain scales and compass points. (c) When a shipwreck is thought to be intensive diver use. Over time, where comparing a shipwreck’s current Where possible, a video survey should a foreign flag warship or other foreign be made, particularly of historic flag vessel entitled to sovereign condition to the original documentation shows significant deleterious change or shipwrecks. Video surveys should be immunity, the Bureau of Oceans and oriented to a map of the site that shows International Environmental and damage and it is determined that the shipwreck should be preserved, then the passes over and through the Scientific Affairs, U.S. Department of shipwreck. Several passes should be State, should be contacted for steps can be taken to protect the shipwreck from further damage. made to provide as comprehensive a assistance in determining proper video tour of the shipwreck as possible. ownership. (Under customary Documenting shipwrecks also aids in Detailed video footage should be made international law, any contact with evaluation and interpretation efforts. Shipwrecks generally have multiple of noteworthy, fragile or dangerous other nations about their sunken features. Where possible, video footage warships or other vessels is through the values and uses that must be taken into consideration for management purposes. should include a scale and an annotated UÜ. Department of State.) time reference. When the identity of a (d) When a shipwreck is not The various values and uses shipwrecks abandoned, the title holder should be may have include, but are not limited to: shipwreck is known, photographs of the wrecked vessel when afloat and of the contacted concerning the management (a) Historical values associated with and disposition of the wrecked vessel» actual wreck event should be obtained, shipwrecks that are eligible for listing in where they exist. its cargo, and other contents. the National Register of Historic Places, Guideline ft* Provide adequate public like being associated with a significant Guideline 2r Collect and evaluate notice of the locations of shipwreck historical event or personage, information about each shipwreck's sites. The Act requires that the public be possessing distinctive characteristics of history, rabies, and uses. When the given adequate notice of the location of a particular vessel type, or containing identity of a shipwreck is known, any shipwreck to which little is asserted information important in the nation’s archival information should be collected under section 6 of the Act. At a history; about her construction and use history. minimum, the public should he provided Information about a shipwreck’s (b) Recreational and educational recreational and educational values and with the names and locations of values associated with public use and shipwrecks identified during field uses should be collected from enjoyment of shipwrecks through such underwater archeologists, maritime surveys as well as information on activities as scuba diving, snorkeling, historians, maritime museums, maritime whether the shipwrecks are historic or spearfishing, underwater photography, non-historic. Appropriate methods of visiting maritime museums, and historical societies, and historic giving public notice would include, but participating in shipwreck research preservation officials. Information about not be limited to, publishing notices in projects; a shipwreck’s recreational and local newspapers, diver publications, educational values and uses should be (c) Tourism and other monetary sought from dive clubs, sport divers, and the Federal Register; posting notices values associated with public and at marinas and dive shops; marking dive boat operators, recreational nautical charts; and placing signs at private profit making through such fishermen, maritime museums, maritime shipwreck sites. When there is reason to activities as operating a dive boat historical societies, and tourism believe that disclosure of the exact company, salvaging shipwrecks or officials. Information on a shipwreck’s location (such as Loran coordinates) of a valuable cargoes, being a commercial tourism and other monetary values particular historic shipwreck wouldtead fisherman, making movies, and should be sought from tourism officials, to vandalism, pilferage, or other damage publishing popular books; commerciai salvors, commercial to the site, locational information of a (d) Biological values associated with fishermen, dive boat operators, dive more general nature should be given for habitat areas and coralline formations shops, and marina operators. that site. However, under the Act, some that develop in and around shipwreck Information on a shipwreck site’s locational information must be given, fe sites; and biological values should be collected such situations, die level of specificity of (e) Memorial values attached to from marine biologists and fisheries the information given should be warships whose wreck events are officials. Information about a wrecked determined on a case by case basis and associated with the deaths of service warship’s memorial values should be should reduce the likelihood of the personnel, even if human remains are no sought from the US. Department of the anticipated damage to the particular longer present or visible. Navy and the General Services historic shipwreck. To withhold from the The following guidelines are offered to Administration (for U.S. and public even general locational assist the States and Federal agencies in Confederate warships) and the U.S. information on shipwrecks would be documenting and evaluating Department of State (for warships inconsistent with the Act and the shipwrecks—as they are discovered— belonging to a foreign flag nation). “Abandoned Shipwreck Act that are located in or on submerged Evaluations of a shipwreck’s history, Guidelines»“ lands under their ownership or control. values and uses should be made 50132 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices available for public review and prepared and maintained. The interpretive and educational purposes. comment by interested professional, shipwreck inventory should contain, but Shipwreck documentation (particularly avocational and other interest groups, not be limited to, the following maps and drawings) and information appropriate State and Federal agencies, information: about dangers associated with specific and any shipwreck advisory boards. (a) Popular name and, when known, sites should be published. However, Guideline 3: Nominate historically the vessel name, if different; prior to releasing maps and associated significant shipwrecks to historic (b) Vessel size, type, and age; documentation that contain the exact registers. When a shipwreck appears to (c) When known, the wreck date and location of historic shipwrecks, States be historically significant, sufficient function at the time of the wreck and Federal agencies should assess the information should be gathered to incident; risk of theft, vandalism, or other damage nominate it to the National Register of (d) Location, including whether it is in to the sites. Documents that contain Historic Places 8 and any State historic an underwater park or preserve; precise locational information for registers. Shipwrecks that possess (e) Whether it is intact or broken into historic shipwrecks should be exceptional value as commemorating or scattered pieces; considered confidential only when there illustrating the history of the United (f) Whether it is buried or encrusted in is reason to believe that their disclosure States should be nominated for coralline formations; would lead to vandalism, pilferage, or designation as National Historic (g) Whether it is listed in or other damage to a particular shipwreck Landmarks.8 Nominations should be determined eligible for the National site. In such cases, the precise locational subject to professional and public Register, or is potentially eligible for information should be replaced with review by the various interest groups listing; information of a more general nature so prior to submission to the State’s (h) Whether it is listed in a State that the documents may be made historic preservation office or to the registry of historic properties; and available to the public. (i) Owner and manager, if different. National Register. F. Providing for Public and Private Guideline 4: Prepare site maps, State and Federal agencies are Sector Recovery of Shipwrecks drawings, and reports of historic encouraged to use the National Park shipwrecks. Archeological site maps Service’s National Maritime Initiative Section 4(a) of the Act says that the should be prepared for historic Inventory format as a model.8 U.S. Congress intends for the States to shipwrecks. Drawings should be made Information on historic shipwrecks also allow for appropriate public and private of unique, representative or significant should be provided to the State’s sector recovery of shipwrecks consistent features of historic shipwrecks. When historic preservation office and with the protection of historical values measured drawings are made of underwater archeology office (or and environmental integrity of the substantially intact historic shipwrecks archeology office, in the absence of an shipwrecks and the sites. Public sector and hulks, they should conform, when underwater archeology office) so that it recovery activities would include, but possible, to the National Park Service’s may be incorporated into the State’s not be limited to, studies and “Guidelines for Recording Historic inventory of historic properties and the excavations of shipwrecks by the States Ships’’ (Sept. 1988). Reports should be State’s comprehensive historic and Federal agencies for management, prepared about historic shipwrecks. preservation plan. scientific or mitigation purposes. Private Reports should contain information Guideline 6: Maintain documentation sector recovery activities would include, gathered during archival research, field on shipwreck sites. Documents such as but not be limited to, the collection of surveys, any archeological excavations, field notes, historical information, artifacts and other materials from and any other studies. Reports also photographs, site maps, drawings, shipwrecks by sport divers who desire should contain recommendations about inventory forms, and reports relating to personal souvenirs, the salvage of conducting future studies and about each vessel listed in the shipwreck shipwrecks by commercial salvors and managing the historic shipwreck site. inventory should be maintained. treasure hunters for profit-making State and Federal agencies are Documentation for each shipwreck site purposes, and the study and excavation encouraged to use the National Park should remain together and be of shipwrecks by scientific and Service’s Submerged Cultural Resources deposited, when possible, in a central educational institutions for scientific Study series as a model for report repository that houses similar purposes. preparation.7 Publications in this series documentation on other shipwrecks Clearly, public and private sector also contain examples of archeological under the State or Federal agency’s recovery of shipwrecks may affect site maps and line drawings that ownership or control. However, for historical values of shipwrecks and the resulted from diving surveys at historic safety reasons, duplicate copies of environmental integrity of shipwreck shipwrecks in units of the national park documents should be made and retained sites. Recovering an historic shipwreck system. in separate locations. Maintaining in an unscientific manner certainly Quideline 5: Prepare a shipwreck copies of documentation in multiple would destroy the site and the historical inventory. An inventory of all known, locations also results in greater information it contains. Recovery it surveyed shipwreck sites should be accessibility to the information by using explosives, dredges or propeller researchers and other interested parties. wash deflectors also would destroy the * Criteria for evaluation and procedures for Guideline 7: Make documentation environment surrounding the site. nominating historic properties to the National accessible to interested parties. Recovering it scientifically and Register are found in regulations at 36 CFR part 60. Shipwreck documentation should be conserving and maintaining the 6 Criteria for national significance and procedures made accessible to the public for recovered artifacts, other materials, and for designating National Historic Landmarks are contained in regulations at 36 CFR part 65. associated records would mitigate the 7 Information on the Submerged Cultural * Information on the format of the National loss of the site and would preserve the Resources Study series may be obtained by writing Maritime Initiative Inventory may be obtained by historical information. to the Submerged Cultural Resources U nit writing to the National Maritime Initiative, History Values other than historic and Southwest Cultural Resources Center, National Park Division, National Park Service, U.S. Department of Service, U.S. Department of the Interior, P.O. Box the Interior, P.O. Box 37127, Washington, DC 20013- environmental ones also may be 728, Santa Fe, NM 87504-0728. 7127. affected by public and private sector Federal Register / Vol. 55, No. 233 / Tuesday, December 4 ,1990 > / Notices 50133 recovery activities. For example, (1} The State’s historic preservation federally-owned, privately-owned, or stripping a shipwreck valued primarily office and underwater archaeology entitled to sovereign immunity, even for recreational purposes of its artifacts office (or archeology office, in the though such shipwrecks may lie in State and other materials would reduce, if not absence of an underwater archeology waters.} eliminate, those values. A substantial office} should review and approve (b) What are the shipwreck's current redaction in sport diver activity at the applications for permits, licenses and and potential future values and uses? Is site could, in turn, have an adverse contracts to recovery any State-owned the proposed recovery consistent with effect on tourism and coal business (Kke shipwreck that is (or may be} historic; those values and uses? Will the dive boat operators and marina and proposed recovery enhance any of those operators}. Destroying a shipwreck site (2) The issuance of any permit, license values and uses? Will it irrevocably valued for surrounding habitat areas or or contract should be conditioned with damage or destroy any of those values coralline formations would have an appropriate terms and conditions to and uses? adverse effect on biological values ensure that the authorized recovery (c) Is the shipwreck listed in or associated with the shipwrecks. This activity is in the public interest; determined eligible for inclusion in the could, in turn, have an adverse effect on (d} Procedures for the State to National Register of Historic Places? Is commercial and recreational fishing. periodically monitor (both on and off­ it a National Historic Landmark? Under the Act, the States are site) permitted, licenses and contracted (d} Where the shipwreck may be entrusted to manage State-owned recovery work to ensure that it is in historic, will be the proposed recovery shipwrecks for the benefit of the public. compliance with any attached terms and result in a nomination to the Secretary Since any recovery activity {whether it conditions; of the Interior to list the shipwreck in is public or private} at shipwreck sites (1) State officials who monitor the National Register of Historic Places? has the potential to damage and destroy permitted, licensed and contracted work Will it result in a recommendation to the the site, its various values and uses, and should be given the authority to Secretary of the Interior to designate the the surrounding environment, it is the immediately suspend any permit, license shipwreck as a National Historic responsibility of the States to ensure or contract that appears not be in Landmark? that any public and private sector compliance with die terms and (e) Where the shipwreck is (or may recovery of State-owned shipwrecks is conditions of the permit, license or be) historic: in the best interests of the public. The contract; (1J Have the State’s historic following guidelines are offered to assist (2) Once work is suspended, work preservation office and underwater the States in ensuring that public and should not resume until the State has archeology office (or archeology office, private sector recovery activities are in conducted a thorough review and in the absence of an underwater the public interest.* notified the permittee, licensee or archeology office) been provided with Guideline It Establish policies, contractor of its findings; and an opportunity to comment cm the criteria and procedures for appropriate (3) Costs incurred by the State to proposed recovery? Do they approve of public and private sector recovery of monitor permitted, licensed and the proposal? Have they attached any State-owned shipwrecks. Interested contracted work should be paid with terms and conditions to ensure that persons and groups, appropriate State State monies and not be reimbursed by preservation of the shipwreck’s and Federal agencies, and any State the permittee, licensee or contractor; historical information? shipwreck advisory board should be and (21 Is the proposed recovery consulted about the establishment of (el Procedures and criteria that consistent with the State's policies, criteria and procedures that provide, as appropriate, for the transfer comprehensive historic preservation would allow for appropriate public and plan? private sector recovery of State-owned of title to artifacts and other materials recovered from State-owned shipwrecks (3) Will the proposed recovery result shipwrecks. At a minimum, the State in the acquisition of new historical should establish: by the private sector to private parties. (a) Policies that set forth the Guideline 2r Authorize only those information or verify historical circumstances under which the various recovery activities at State-owned documentation? kinds of public and private sector shipwrecks that are in the public (41 Will the proposed recovery be recovery activities at State-owned interest. Decisions to allow for the conducted in a professional manner to shipwrecks would and would not be in recovery of State^owned shipwrecks preserve the shipwreck's historical the public interest; should be reached on a case by case information? (See Guideline No. 4 in this (b) Procedures for die public and basis by weighing and balancing the subpart for a discussion on conducting private sector to apply for permits, values and uses a particular shipwreck recovery activities in a professional licenses dr contracts to recover State- may have, the potential benefits to be manner.} owned shipwrecks; derived from the proposed recovery (5) Will the proposed recovery result (c) Criteria and procedures for the activity, and the potential adverse in the private ownership or sale of any State to evaluate applications for and effects to be caused by the proposed of the artifacts and other materials issue or deny permits, licenses and recovery activity. Only those public and recovered? If so, will those items be contracts to recover State-owned private sector recovery activities that properly conserved and studied and be shipwrecks; are in the best interests of die public made available for public exhibition and should be authorized. To help determine interpretation? whether a proposed public or private (f} Is the shipwreck located in a State 9 Federal agencies must follow the requirements set forth in the Archaeological Resources Protection sector recovery activity is in the best underwater park or preserve? If so, is Act fl8 U.S.C. 470 aa-mm), section 31Q o f title 40 of interests of die public, the State should the proposed recovery consistent with the U.S. Code, and other applicable statutes and consider the following: the unit's management plans? regulations governing public and private recovery of (a) Is the subject shipwreck, in fact, (g) Is the shipwreck located in or on a federally-owned and controlled archeological resources and other property (see applicable State-owned? (The States cannot State’s submerged lands located within guidelines contained in subpart B of part n of these authorize public or private sector a unit of the national park system, die ‘‘GmdeKnee’7. recovery at any shipwreck that is national wildlife refuge system, the 50134 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices national forest system, or the national national forest system, or the national scientific findings, and marine sanctuary system? If so, is the marine sanctuary system; or recommendations for any future work; proposed recovery consistent with the (d) Shipwrecks located in other areas (g) Copies of all field notes, site maps, unit’s management plans, the written (like habitat areas or coralline measured drawings, photographs, agreement between the State and the formations) protected under Federal or videos, final reports, and other data and Federal land manager, and applicable State statute, order or regulation. records derived from the recovery and Federal statutes, regulations, policies, Guideline 4: Require any recovery at analysis are deposited, stored and and standards? State-owned historic shipwrecks to be maintained in the repository named in (h) Is the shipwreck located in any done in a professional manner. The the permit, license or contract; other area (like habitat areas or study and recovery of historic (h) Copies of final reports, site maps coralline formations) protected under shipwrecks enables underwater and other appropriate records are Federal or State statute, order or archeologists and maritime historians to provided to the State’s historic regulation? If so, is the proposed collect new data or confirm archival preservation office and the underwater recovery consistent with the area’s documentation regarding a specific archeology office (or archeology office, management plans and applicable vessel, a type or method of construction, in the absence of an underwater statutes, orders and regulations? an historical event or period, or a archeology office); (i) Is the shipwreck currently being culture. When it is determined to be in (i) When the State is maintaining damaged or destroyed by natural the public interest to authorize the ownership to any artifacts or other processes (such as erosion), by an recovery of artifacts or materials from materials recovered from the site, those approved State or Federal undertaking historic shipwrecks, the recovery items are deposited, stored and (such as dredging or development) or by operation (whether it is public or maintained in the repository named in other human activity (such as anchor private) should be done in a manner the permit, license or contract; damage)? Is it threatened with imminent consistent with the ‘‘Secretary of the (j) When the State is transferring and unavoidable damage or destruction Interior’s Standards and Guidelines for ownership to any artifacts or other by such processes, undertakings or Archeology and Historic Preservation” materials recovered from the site to a activities? (48 FR 44716; Sept. 29,1983) and other commercial salvor or treasure hunter: (j) Where the proposed recovery will applicable historic preservation (1) The transfer is made only after damage or destroy the environment standards and guidelines. At a field operations and laboratory analysis surrounding the shipwreck, will the area minimum, any permit, license or are completed, the recovered items are be restored to its original condition? contract authorizing the scientific conserved, and the final report is (k) Will the proposed recovery impede excavation, commercial salvage or approved by the State; and navigation in existing Federal treasure hunting of State-owned historic (2) To the extent possible, the items navigation channels? shipwrecks should contain the following transferred are preserved and terms and conditions: maintained as an intact collection and (l) Has the applicant obtained other (a) The permittee, licensee or necessary State or Federal permits (such contractor has secured any other are made available for future study, as permits to disturb the bottomlands)? necessary State or Federal permits; public interpretation and exhibition; Guideline 3: Protect particular State- (b) A professional underwater (k) When a commercial salvor or owned shipwrecks from commercial archeologist is in charge of planning, treasure hunter is undertaking the salvage, treasure hunting and private conducting and supervising the field recovery, the salvor or treasure hunter collecting activities. Commercial operations, laboratory analysis, and posts a performance bond to cover costs salvage, treasure hunting and personal report preparation; associated with the recovery (this is to collecting activities, no matter how they (c) A conservation laboratory is in ensure that sufficient funds would be are conditioned and monitored by the place prior to commencement of field available to the State if the salvor or State, are conducted for the personal operations and a professional nautical treasure hunter is unable to complete gain of individuals. Shipwrecks that are conservator is in charge of planning, the recovery according to the terms and particularly significant historically or conducting and supervising the conditions of the permit, license or are in protected areas set aside by some conservation of any artifacts and other contract); and formal mechanism should be preserved materials recovered from the site; (l) Information on the recovery for the public and generally not be (d) Field operations, laboratory activity and the archeological findings available for commercial salvage, analyses, and conservation treatments are disseminated to the scientific treasure hunting or personal collecting. use appropriate scientific methods and community and to the public. It is recommended that, at a minimum, techniques and are as non-destructive Guideline 5: Allow public and private any State-owned shipwreck that meets and non-disturbing as possible to the recovery activities at non-historic any of the following criteria should not site, the surrounding environment, and shipwrecks without archeological be available for commercial salvage, any artifacts and other materials conditions. When it is determined to be treasure hunting or personal collecting: recovered from the site; in the public interest to authorize the (a) Shipwrecks designated as National (e) The shipwreck site is fully recovery of artifacts and other materials Historic Landmarks or, pending a documented (i.e., an archeological site from State-owned non-historic written determination by the Secretary map is prepared, measured drawings are shipwrecks, the recovery activity should of the Interior, shipwrecks under made of significant features, and a not be conditioned with archeological consideration for designation as photographic record is made of the requirements. National Historic Landmarks; wrecked vessel, significant features, and Guideline 6: As appropriate, transfer (b) Shipwrecks located in State artifacts); title to artifacts and other materials underwater parks or preserves; (f) A professional final report is recovered from State-owned shipwrecks (c) Shipwrecks located in or on a prepared (and approved by the State) by the private sector to parties. State’s submerged lands located within that describes the field operations, Artifacts and other materials recovered units of the national park system, the excavation methods, laboratory from State-owned shipwrecks are State national wildlife refuge system, the analyses, conservation treatments, property and would be subject to State Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50135 statutes and regulations governing the in the absence of an underwater maritime historians. The lists should management and disposition of State archeology office), and appropriate note the shipwreck’s location (including property. Items recovered from Federal historic preservation offices so a chart description and coordinates), shipwrecks designated as State historic that the data may be incorporated into depth and general bottom conditions, a sites also would be subject to State Federal and State historic preservation general description (including any statutes and regulations governing the plans. dangers and the shipwreck’s condition management of historic sites. When it is Guideline 8: Discourage the recovery and historical significance), and indicate determined to be in the public interest to and display of intact shipwrecks. The whether a license or permit is needed to authorize private parties (like sport costs to properly raise, conserve, collect artifacts or other materials. divers or commercial salvors) to recover maintain, and exhibit intact shipwrecks Guideline 3: Facilitate public access and keep artifacts or other materials are prohibitively expensive and to shipwrecks. Sport diver access to from State-owned shipwrecks, title to perpetual. Thus, recovering intact publicly-owned shipwrecks having those items should be transferred in shipwrecks should be discouraged recreational value should be facilitated accordance with the applicable State unless they are historic and in danger of through the placement of marker buoys property and historic site statutes and imminent and unavoidable destruction, and anchor moorings and through the regulations. In general, the States and it is determined to be in the best distribution of information at dive shops should: interests of the public. However, no such and marinas. Underwater parks or (a) Not transfer title to any items to shipwreck should be recovered unless sufficient public and/or private funds preserves should be created in areas another party until the authorized containing shipwrecks that are well recovery activity is completed, the items are made available to document and preserved and valuable for recreational are properly conserved and analyzed, recover it archeologically and to and any required final report is properly conserve, maintain, exhibit, purposes. Public facilities on and off the completed and approved by the State; and interpret it for the public. shore to support diver access and visitor enjoyment and appreciation should be (bl) Determine any archeological and G. Providing Public A ccess to commercial values of recovered artifacts provided, as appropriate, in underwater and other materials; Shipwrecks parks and preserves. (c) Determine what would constitute Section 4(a) of the Act says that the Guideline 4: Consult with interest fair compensation to the private party U.S. Congress intends for the States to groups prior to imposing any (for his or her recovery efforts) in terms provide reasonable access by the public restrictions on access. Prior to imposing of a share of items recovered, a to State-owned shipwrecks and to any restrictions on public access to percentage (in cash) of the fair market guarantee recreational exploration of shipwrecks, comments should be sought value of tiie items, or a combination shipwreck sites. Access to publicly- from the various interest groups, the thereof; and owned shipwrecks (whether federally- State’s historic preservation office and (d) Retain title to items that are owned or State-owned) by the public is underwater archeology office (or unique, exceptionally valuable beneficial for tourism, public enjoyment archeology office, in the absence of an historically or representative of the and appreciation, and preservation, as underwater archeology office), and items recovered, or are recovered well as for recreation. However, appropriate State and Federal agencies illegally after enactment of the State’s increased public access also may cause about the values and uses of individual shipwreck management statute. inadvertent damage to shipwrecks. shipwrecks (or classes of shipwrecks) Guideline 7: Disseminate information The following guidelines are offered to and the need to regulate access. When on public and private sector recovery assist the States and Federal agencies in shipwrecks entitled to U.S. sovereignty activities to the public and to the determining what constitutes reasonable are involved, the applicable U.S. scientific community. Information on public access to shipwrecks under their Government agency should be contacted public and private sector recovery ownership or control while, at the same for instructions on regulating public activities and any archeological findings time, protecting shipwrecks from access to the federally-owned should be disseminated to the public inadvertent damage. shipwrecks. When other shipwrecks and the scientific community. Guideline 1: Guarantee recreational entitled to sovereign immunity are Appropriate methods to disseminate exploration of publicly-owned involved, the Bureau of Oceans and information to the public would include, shipwreck sites. At a minimum, any International Environmental and but not be limited to, publishing non­ person should be able to freely and Scientific Affairs in the U.S. Department technical pamphlets, books, and articles without a license or permit dive on, of State should be contacted to secure in popular national, regional and inspect, study, explore, photograph, instructions from the applicable flag specialty magazines; presenting lectures, measure, record, fish at, or otherwise nation on regulating public access to the video tapes and slide shows at local use and enjoy publicly-owned foreign-owned shipwrecks. historical society and dive club shipwrecks (including historic meetings; developing underwater trails shipwrecks and shipwrecks whose Guideline 5: Regulate access at few, if at shipwreck sites; and exhibiting historical significance has not yet been any, shipwrecks. Decisions to limit, artifacts and other materials in local evaluated) when the use or activity does monitor or prohibit public access to museums. Appropriate methods to not involve disturbing or removing parts shipwrecks should be made on a case disseminate information to the scientific or portions of the shipwreck or its by case basis, be practical, and be fairly community would include, but not be immediate environment. administered. In general, public access limited to, preparing a final report (this Guideline 2: Establish lists of to shipwrecks in State waters should be always should be done), publishing shipwrecks having recreational value. regulated only when: articles in scientific journals, and Lists of publicly-owned shipwrecks (a) A shipwreck site presents an presenting papers at professional having recreational value should be unacceptable risk to human safety and meetings. Copies of final reports always prepared in cooperation with sport the visitor does not assume full should be provided to the State’s divers, dive clubs, dive boat operators, responsibility for his or her safety; historic preservation office, underwater recreational fishermen, recreational (b) A shipwreck is extremely fragile archeology office (for archeology office, planners, underwater archeologists, and and in danger of collapsing; 59136 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

(c) A shipwreck is suffering extensive shipwrecks under their ownership or enough to fit into a buoyancy deterioration or attrition due to prior control. compensator pocket) should be prepared unregulated access; Guideline 1: Present information on for individual shipwreck sites. (d) A permittee, licensee or contractor the vessel’s history and the shipwreck’s Pamphlets, booklets, books, and exhibits who is recovering a shipwreck under a various values and uses. Interpretive should be prepared for divers and non- valid permit, license or contract requests efforts should strive to present to the divers of all ages. that access be regulated during the term public information about a vessel’s Guideline 5: Encourage public and of the permit, license or contract; or construction, type, characteristics, age, private interest groups to disseminate (e) A shipwreck is entitled to use history, significance in history (such information on shipwreck activities. sovereign immunity and the applicable as participation in historical events or Public and private museums Federal Government agency (for U.S. associations with significant (particularly maritime museums) and flag vessels) or foreign nation (for individuals—like a designer, a builder or visitor centers should be encouraged to foreign flag vessels) provides a commanding officer), and whether it is provide lectures, slide shows, videos, instructions on regulating public access unique or representative of a vessel and exhibits on shipwrecks, maritime to the shipwreck. In the absence of type. In addition, information on a history, underwater archeology, specific instruction from the applicable shipwreck’s various current and underwater photography, diving, and the sovereign, under customary potential future values and uses should marine environment surrounding international law, access by any U.S. be presented. shipwreck sites, When a State’s national to shipwrecks entitled to Guideline 2: Dissem inate information shipwreck management program permits sovereign immunity is prohibited. When on shipwreck projects through sport divers and others to collect and a sovereign grants permission, it publications, lectures, exhibits, and keep artifacts or other materials from generally limits access to named professional papers. The results of State-owned shipwrecks, those persons individual for specified purposes. As a shipwreck projects should be presented should be encouraged to make items matter of policy, permission generally is in professional reports and journals as legally recovered available for museum not given to access (or salvage) sunken well as in non-technical, popular exhibits. warships that contain the remains of publications (such as diver and non­ Guideline 6: Require permittees, deceased service personnel or explosive diver magazine articles, adult and licensees, and contractors to material. children’s books, booklets, and disseminate information about recovery Guideline 6: Provide adequate public pamphlets). Lectures, videos, slide activities at historic shipwrecks. When notice of restrictions. Once a decision shows, and exhibits on shipwreck a permit, license or contract is issued for projects, maritime history, underwater has been made to limit, monitor or the scientific excavation, commercial prohibit access to a particular archeology, and opportunities for sport salvage or treasure hunting of an divers to participate in projects should shipwreck, the public should be historic shipwreck, the permittee, be made available to dive clubs, dive licensee or contractor should be provided adequate notice of the shops, boat and dive shows, marinas, restrictions. Appropriate methods to required, as a condition to the issuance historical societies, elementary and of the permit, license or contract, to: give public notice would include, but not secondary schools, community colleges, be limited to, marking restrictions on maritime museums, libraries, and other (a) Make presentations on the results nautical charts; posting notices on the appropriate outlets. Papers on the of the recovery activity and the shipwreck and at marinas and dive results of shipwreck projects should be archeological findings at professional shops; notifying dive boat operators; given at professional archeological, meetings and in public forums; and publishing restrictions in “Notice to historical, and maritime conferences. (b) Prepare scientific and non­ Mariners,” diver publications and local Guideline 3: Build models of vessels. technical, popular publications; and newspapers. A standard method of Models of intact shipwrecks should be (c) To the extent possible, make giving public notice should be adopted. made and exhibited to provide detailed, artifacts and other materials recovered H. Interpreting Shipwreck Sites small-scale orientation and from the shipwreck available for future interpretation for divers and non-divers. study, public interpretation and Section 4(b) of the Act says that funds Models would be particularly useful exhibition. available to the States from HPF grants when diving is prohibited (such as at the I. Establishing Volunteer Programs shall be available for a variety of U.S.S. Arizona in Hawaii), is difficult activities, including interpretation of (such as the Isabella—in dark water Using sport diver and non-diver historic shipwrecks and properties. with a fast current—near Astoria, volunteers in shipwreck management Whether using HPF grants, other Oregon), or when sufficient public activities can be an effective, efficient, monies, or working in partnership with interest in the shipwreck exists (such as and economical means to discover, the various interest groups, providing for at the U.S.S. M onitor offshore of North document, study, recover, and protect the interpretation of publicly-owned Carolina). The process of building publicly-owned shipwrecks. shipwrecks helps increase the public’s models also can be a popular and Establishing organized volunteer knowledge and understanding of our successful interpretive activity. programs that include sport divers and nation's maritime history and Guidelines 4: Include interpretive other interested parties in shipwreck appreciation for shipwrecks and their materials in underwater parks and management activities also can enhance preservation. Interpreting sites also is preserves. The creation of underwater and nurture existing partnerships among the only means to impart to the public trails at shipwreck sites in underwater sport divers, underwater archeologists, the historic information and parks or preserves can be used to maritime historians, States, and Federal archeological discoveries that result effectively interpret sites for divers. agencies. from public and private sector Sites and noteworthy features should be The following guidelines are offered to shipwreck projects. marked with permanent signs. Signs assist the States and Federal agencies in The following guidelines are offered to also should be placed on mooring buoys establishing volunteer programs. assist the States and Federal agencies in along trails. In addition, a site map and Guideline 1: Use volunteers in providing for the interpretation of pamphlet (enclosed in mylar and small shipwreck projects. Dive clubs, dive Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50137 shops, dive boat operators, and qualified professionals appropriate to and persons who find and report the individual sport divers frequently are the nature of the work being (performed discovery of previously unknown willing to volunteer their diving skills or (e.g., underwater archeologists should shipwrecks, who volunteer their skills, donate the use of their vessels or supervise volunteers who are or who donate the use of their vessels, equipment to help State and Federal participating in mapping and excavation supplies or equipment in shipwreck agencies locate; identify, evaluate, map, projects*,' nautical conservators should projects should be recognized for their photograph, excavate, and protect supervise volunteers who are assisting contributions to shipwreck discovery, shipwrecks. Non-divers who have an in the conservation of recovered research and preservation. Forms of interest in maritime history and artifacts). recognition should include, but not be shipwrecks also often are willing to Guideline 5: Cooperate with the limited to: volunteer their skills to help State and private sector in designing and teaching (a) Naming shipwreck sites after the Federal agencies conduct archival archeological methods specialty courses person who discovers it; research and conserve artifacts and for sport divers. Underwater (b) Issuing certificates or plaques to other materials recovered from archeologists, maritime historians, and organizations and persons who find and shipwrecks. States and Federal agencies education professionals should report the discovery of previously should use such volunteers in carrying cooperate with professional diving unknown shipwreck sites; who out shipwreck projects. organizations (such as the Professional volunteer their skills on shipwreck Guideline 2: Maintain lists of Association of Diving Instructors and projects; or who donate the use of their volunteers. Lists of persons (diver and the National Association of Underwater vessels, supplies or equipment on non-diver), dive clubs, and other Instructors) and other educational and shipwreck projects; associations and organizations that scientific organizations in designing and (c) Naming discoverers, volunteers have indicated an interest in teaching standardized diver specialty and donors in museum exhibits, volunteering their services and certificate courses in underwater newspaper and magazine coverage, and equipment in shipwreck survey, archeological methods. Such courses publications; and mapping, and research projects should should provide basic training in how to (d) When a State’s shipwreck be assembled and maintained. The lists research, locate, record, and report management program provides for the should indicate areas of interest (such shipwrecks. Introductory courses should release of artifacts and other materials as archival research, mapping or provide background in archival removed from State-owned shipwrecks, photography) and skill, noting whether research, survey methods, site mapping, giving appropriate artifacts or materials those persons who are sport divers are illustration, photography, diagnostic to discoverers, volunteers and donors. measurement skills, and standard vessel certified in SCUBA, have any previous J. Creating and Operating Underwater architecture. In addition, they should shipwreck project experience, or have Parks or Preserves completed any standardized diver teach divers non-destructive, specialty certification courses (such as preservation oriented behavior and Section 4(b) of the Act encourages the advanced SCUBA, wreck diving, describe responsibilities under State States to create underwater parks or research diving, search and recovery, and Federal laws and international law areas to provide additional protection underwater photography, and basic principles and treaties. Advanced for shipwreck sites. The creation of underwater archeological methods). courses should provide training in underwater parks or preserves provides When evaluating a volunteer’s skills, excavation techniques, artifact many other positive benefits as well, avocational experience and training identification and conservation, and such as increasing the public’s courses completed out-of-State should preparation of nominations of awareness of and appreciation for the be recognized. historically significant shipwrecks to the nation’s maritime heritage, providing Guideline 3: Distribute information on National Register of Historic Places. additional recreational opportunities for shipwreck projects to interested parties. Guideline 6: R ely on private sector sport divers and fishermen, generating Information on proposed shipwreck SCUBA and diver specialty training tourism revenues, and providing projects routinely should be distributed programs. In lieu of developing additional protection for natural to sport divers, dive clubs, dive shops, government operated SCUBA and diver resources and habitat areas located dive boat operators, maritime historical specialty training programs, professional within the boundaries of the park or societies, and other businesses, diving, educational and scientific area. In addition, underwater parks or organizations and persons who may be organizations that teach and certify preserves could be linked with existing interested in volunteering their services divers in SCUBA, wreck diving, research maritime museums, floating historic or donating the use of their vessels or diving, underwater photography, and vessels, lighthouses, and lifesaving equipment for shipwreck projects. basic underwater archeological methods stations to provide the public with a Interested parties should be encouraged should be relied upon to train sport broader interpretation of the nation’s to participate. divers in such techniques. Where such maritime history. Guideline 4: Ensure that volunteers courses currently are not available, The following guidelines are offered to are properly trained and supervised. At those organizations should be assist the States in creating and a minimum, sport divers who volunteer encouraged to provide certified operating underwater parks or to work on shipwreck projects should be instructors to offer such courses. preserves. certified in SCUBA. Sport diver Organizations also should be Guideline 1: Consult with the various volunteers should be encouraged to encouraged to produce manuals, for use interest groups. Public meetings should complete standardized diver specialty by sport divers, that contain information be held prior to the creation of any certification courses (like the ones listed from the specialty courses. underwater park or preserve. above in Guideline 2). However, Guideline 7: Recognize private sector Suggestions for creating and operating completing such course work should not contributions to shipwreck discovery, underwater parks or preserves should be necessary to participate in shipwreck research and preservation. Dive clubs, be sought from local and regional projects. Diver and non-diver volunteers local historical and maritime societies, interest groups, businesses and should be properly supervised by sport divers, and other organizations government agencies (e.g., sport divers, 50138 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices dive clubs, dive boat operators, dive Guideline 5: Develop a resource damage or destroy shipwreck sites shops, recreational fishermen, management plan. A resource located within parks and preserves underwater archeologists, marine management plan should be prepared should be prohibited or restricted so biologists, chambers of commerce, for each underwater park or preserve. A that the multiple values and uses of the recreation and tourism organizations, resource management plan should sites are maintained. For example, and applicable State and Federal discuss the significance and condition of souvenir collecting, commercial salvage, agencies). Once an underwater park or known natural and cultural resources; and treasure hunting at shipwrecks preserve is created, an association or assess the potential presence of as yet (whether historic or non-historic) should board of local citizens who represent the unknown resources; identify survey, be prohibited in underwater parks and various interest groups should be identification, documentation, preserves. In addition, dredging and established and consulted periodically evaluation, interpretation, protection, trawling activities should be limited to on the operation of the park or preserve. and long-term preservation needs, those areas of the park or preserve that Guideline 2: Prepare an priorities, and cost estimates; and do not contain shipwreck sites, natural environmental and economic impact discuss impacts to the natural and resources and habitat areas. Also, assessment. Prior to creating an cultural resources from natural causes, archeological research should be underwater park or preserve, an visitor use, park development, and other regulated through a permit system. assessment of the environmental and activities. 1116 plan should be revised Part III. Abandoned Shipwreck Act economic impacts that would result periodically to reflect scientific data should be prepared. Assessments should collected during archival research, field On April 28,1988, the Abandoned include descriptions of known historic surveys and preservation treatments; Shipwreck Act (Pub. L. 100-298; 102 Stat. and non-historic shipwrecks, other changing environmental conditions; 432; 43 U.S.C. 2101-2106) was signed into cultural resources, natural resources, effects from visitor use and law by the President of the United and habitat areas located within the development; and changing park States. The Act is reprinted, below, in its proposed boundaries of the park or priorities. The resource management entirety. plan should be the basis upon which preserve; current uses and potential A n Act impacts to the shipwrecks, other multiyear programming and action schedules are prepared for each To establish the title of States in certain resources and areas; potential abandoned shipwrecks, and for other recreational, educational, preservation underwater park or preserve. purposes. and tourism benefits; potential impacts Guideline 6: Interpret and facilitate Be it enacted b y the Senate and House o f to businesses (such as commercial public access to shipwreck sites in Representatives of the United States of fishing); and budget estimates of costs underwater parks and preserves. America in Congress assembled, for initial development and subsequent Shipwreck sites in parks and preserves Section 1. Short Title annual operation of the proposed park should be marked with buoys and This Act may be cited as the “Abandoned or preserve. Draft assessments should appear on nautical charts to encourage Shipwreck Act of 1987.” be made available to the State’s and promote non-disturbing recreational shipwreck advisory board, if one exists, exploration. Known hazards should be Section 2. Findings and the various interest groups for reduced or removed. Information about The Congress finds that— public review and comment. dangers should be posted in prominent (a) States have the responsibility for Guideline 3: Specify the unit’s places and included in park brochures. management of a broad range of living and Recognizing that shipwreck sites are of nonliving resources in State waters and purpose, significance, boundaries, and submerged lands; and any special conditions and constraints. interest to non-divers as well as divers, (b) Included in the range of resources are Legislation or regulations that authorize interpretive materials should be certain abandoned shipwrecks, which have the creation of an underwater park or developed for both interest groups. For been deserted and to which the owner has preserve should establish the unit’s example, permanent signs could be relinquished ownership rights with no purpose and significance, specify its placed in and around the shipwreck as retention. boundaries, and identify any special part of an underwater trail. In addition, Section 3. Definitions conditions and constraints. When the pamphlets and other publications For Purposes of this Act— unit is to be managed by a Federal describing the unit’s shipwrecks and the (a) The term “embedded” means firmly agency on behalf of a State, the enabling area’s maritime history could be made affixed in the submerged lands or in coralline legislation or written management available. Dock side exhibit areas and a formations such that die use of tools of agreement should specify how the unit, maritime museum could be established excavation is required in order to move the its resources and habitat areas are to be in the unit or interpretive materials bottom sediments to gain access to the managed (see Guideline No. 7 in subpart could be made available to die local shipwreck, its cargo, and any part thereof; community’s museum or historical (b) The term “National Register” means the B, Part II, of these “Guidelines” for a National Register of Historic Places discussion on the Federal management society. Video tapes of shipwreck sites maintained by the Secretary of the Interior of State-owned resources). also could be shown in an exhibit nrea under section 101 of the National Historic Guideline 4: Develop a general or museum and made available for Preservation Act (16 U.S.C. 470a); management plan. A general purchase. (fc) The terms “public lands," “Indian management plan should be prepared to Guideline 7: Protect shipwreck sites lands,” and “Indian tribe” have the same guide future planning and actions for located within underwater parks and meaning given the terms in the each underwater paric or preserve. A preserves. Moorings should be placed at Archaeological Resource Protection Act of general management plan should shipwreck sites located within parks 1979 (16 U.S.C. 470aa-47011); (d) The term "shipwreck" means a vessel discuss the unit’s legislated purpose and and preserves to protect the sites and or wreck, its cargo, and other contents; significance; identify major issues surrounding natural resources and (e) The term “State” means a State of the affecting management and use of the habitat areas from inadvertent anchor United States, the District of Columbia, unit and its resources; and identify damage. Alternatively, dive boats Puerto Rico, Guam, the Virgin Islands, management objectives, planning needs, should be required to anchor off the site. American Samoa, and die Northern Mariana and priorities. In addition, activities that would Islands; and Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50139

(f) The term “submerged lands” means the private sector interests (including the Where known, the popular name; vessel lands— Secretary of Commerce, the Advisory Council name, if different from the popular (1) That are “lands beneath navigable on Historic Preservation, sport divers, State name; type of vessel; date of waters,” as defined in section 2 of the Historic Preservation Officers, professional construction; wreck date and location; Submerged Lands Act (43 U.S.C. 1301); dive operators, salvors, archeologists, historic (2) Of Puerto Rico, as described in section 8 preservationists, and fishermen). owner; manager, if different from the of the Act of March 2,1917, as amended (48 (c) Such guidelines shall be available to owner, and level of historical U.S.C. 749); assist States and the appropriate Federal significance of these shipwrecks are (3) Of Guam, the Virgin Islands and agencies in developing legislation and listed below. As required by section 6(b) American Samoa, as described in section 1 of regulations to carry out their responsibilities of the Act, the public is hereby given Public Law 93-435 (48 U.S.C. 1705); and under this Act. notice that, under the Act, the U.S. (4) Of the Commonwealth of the Northern Mariana Islands, as described in section 801 Section 6. Rights of Ownership Government has asserted title to the of Public Law 94-241 (48 U.S.C. 1681). (a) United States Title. The United States abandoned shipwrecks listed below and asserts title to any abandoned shipwreck that transferred its title to the respective Section 4. Rights of Access 18— States in or on whose submerged lands (a) Access Rights. In order to— (1) Embedded in submerged lands of a the shipwrecks are located, except for (1) Clarify that State waters and State; shipwrecks offer recreational and shipwrecks in or on public and Indian (2) Embedded in coralline formations lands. The U.S. Government retains its educational opportunities to sport divers and protected by a State on submerged lands of a other interested groups, as well as State; or title to shipwrecks in or on the public irreplaceable State resources for tourism, (3) On submerged lands of a State and is lands of the United States while Indian biological sanctuaries, and historical included in or determined eligible for tribes hold title to those in or on Indian research; and inclusion in the National Register. lands. (2) Provide that reasonable access by the (b) H ie public shall be given adequate public to such abandoned shipwrecks be notice of the location o f any shipwreck to A laska permitted by the State holding title to such which title is asserted under this section. The shipwrecks pursuant to section 6 of this Act, Lieut. C. V. Donaldson. The hulk of Secretary of the Interior, after consultation this wooden hulled steamer lies on the it is the declared policy of the Congress that w ith the appropriate State Historic States carry out their responsibilities under Preservation Officer, shall make a written shoreline at Belmont Point near Nome. this Act to develop appropriate and determination that an abandoned shipwreck Built in 1907, she was laid up in 1955. consistent policies so as to— meets the criteria for eligibility for inclusion Privately owned. Listed in the National (A) Protect natural resources and habitat in the National Register of Historic Places Register as nationally significant. areas; under clause (a)(3). (B) Guarantee recreational exploration of (c) Transfer of Title to States. The title of Alabama shipwreck sites; and the United States to any abandoned U.S.S. Tecumseh. This iron hulled (C) Allow for appropriate public and shipwreck asserted under subsection (a) of private sector recovery of shipwrecks Union monitor, built in 1863 and sunk in consistent with the protection of historical this section is transferred to the State in or on 1864, is entitled to sovereign immunity. values and environmental integrity of the whose submerged lands the shipwreck is located. The intact wreck is buried in 29 feet of shipwrecks and the sites. (d) Exception. Any abandoned shipwreck water in Mobile Bay near Mobile. (b) Parks and Protected Areas. In managing Owned by the U.S. Government, the resources subject to the provisions of this in or on the public lands of the United States Act, States are encouraged to create is the property of the United States General Services Administration. Listed underwater parks or areas to provide Government. Any abandoned shipwreck in or in the National Register as nationally additional protection for such resources. on any Indian lands is the property of the significant. Funds available to States from grants from Indian tribe owning such lands. the Historic Preservation Fund shall be (e) Reservation of Rights. T h is section does Arizona available, in accordance with the provisions not affect any right reserved by the United States or by any State (including any right Charles H. Spencer. This wooden of title I of the National Historic Preservation hulled stem-wheel steamer, built in Act, for the study, interpretation, protection, reserved w ith respect to Indian lands) and preservation of historic shipwrecks and under— 1911, lies in 20 feet of water near the properties. (1) Section 3, 5, or 6 of the Submerged shoreline of the Colorado River near Lands Act (43 U.S.C. 1311,1313, and 1314); or Section 5. Preparation of Guidelines Lees Ferry, within Glen Canyon (2) Section 19 or 20 of the Act of March 3, National Recreation Area. Owned by (a) In order to encourage the development 1899 (33 U.S.C. 414 and 415). the U.S. Government, National Park of underwater parks and the administrative Section 7. Relation ship to Other Laws cooperation necessary for the comprehensive Service. Listed in the National Register management of underwater resources related ' (a) Law of Salvage and the Law of Finds. as regionally significant to historic shipwrecks, the Secretary of the The law of salvage and the law of finds shall California Interior, acting through the Director of the not apply to abandoned shipwrecks to which National Park Service, shall within nine section 6 of this Act applies. City of Rio de Janeiro. This iron hulled months after the date of enactment of this (b) Laws of the United States. T h is Act steamer, built in 1878, was wrecked in Act prepare and publish guidelines in the shall not change the laws of the United States 1901 off Point Diablo near San Federal Register which shall seek to; relating to shipwrecks, other than those to (1) Maximize the enhancement of cultural which this Act applies. Francisco. The intact wreck lies in 320 resources; (c) Effective Date. T h is Act shall not affect feet of water just off the Golden Gate. (2) Foster a partnership among sport divers, any legal proceeding brought prior to the date Owned by the State of California, State fishermen, archeologists, salvors, and other of enactment of this Act. Lands Commission. Listed in the interests to manage shipwreck resources of Approved April 28,1988 National Register as nationally the States and the United States; significant (3) Facilitate access and utilization by Part TV. Shipwrecks in the National King Philip. The remains of this recreational interests; Register of Historic Places (4) Recognize the interests of individuals wooden hulled clipper, built in 1856, is and groups engaged in shipwreck discovery As of December 4,1990, there were buried on Ocean Beach in San and salvage. 142 shipwrecks (and hulks) listed in or Francisco, within Golden Gate National (b) Such guidelines shall be developed after determined eligible for listing in the Recreation Area. Owned by the U.S. consultation with appropriate public and National Register of Historic Places. Government, National Park Service. 50140 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices

Listed in the National Register as National Register as nationally U.S. Government, National Park Service. nationally significant. significant. Listed in the National Register as part of King Street Ship. This wooden hulled Priscilla Dailey. The intact remains of an archeological district, this wreck is whaler named Lydia, built in 1840, was this wooden Champlain Canal barge, nationally significant. laid by in 1907. Remains of this built in 1929, lie in 20 feet of water in Pillar Dollar Wreck. Scattered shipwreck are buried at the foot of King Bridgeport Harbor. Privately owned. remains of this wooden vessel are Street in San Francisco. Owned by the Listed in the National Register as buried in 20 feet of water in Biscayne city and county of San Francisco. Listed nationally significant. National Park near Homestead. Owned in the National Register as nationally Delaware by the U.S. Government, National Park significant. Service. Listed in the National Register Reporter. The scattered remains of State of Pennsylvania. This steel as part of an archeological district, this this wooden hulled schooner, built in hulled passenger steamship was built in wreck is nationally significant. 1876, are intermingled with the remains 1923. Her intact hulk lies in 5 feet of of King Philip and are buried in 5 feet of water on the shore of the Christina River Georgia water on Ocean Beach in San Francisco, near Wilmington. Privately owned. C.S.S. Chattahoochee. The scattered within Golden Gate National Recreation Listed in the National Register as locally remains of this Confederate States Navy Area. Owned by the U.S. Government, significant. wooden gunboat, built and sunk in 1863, National Park Service. Listed in the Florida are buried in 15 feet of water in an area National Register as nationally encompassed by the Confederate Navy significant. Barge Site. Remains of this wooden barge are buried in Biscayne National Museum in Columbus; the excavated Stamboul. The remains of this wooden stem is deposited in the museum. This hulled whaler, built in 1843, are buried Park. Owned by the U.S. Government, National Park Service. Listed in the wreck is entitled to sovereign immunity. in 6 feet of water at the foot of 12th Owned jointly by the U.S. Government, Street in Benicia, within Matthew National Register as part of an archeological district, level of historical General Services Administration (which Turner Shipyard Park. Owned by the owns the unexcavated remains), and the city of Benicia. Listed in the National significance of this wreck is undetermined. city of Columbus (which owns the Register as nationally significant. excavated stem). Managed by the city Tennessee. The scattered remains of Boiler Site. This wooden vessel, this wooden hulled side-wheel steamer, named St. Lucie, was built in 1888 and of Columbus. Listed in the National built in 1848 and wrecked in 1853, are wrecked in 1906. Remains of this Register as nationally significant. buried in 10 feet of water in the shipwreck are scattered on the C.S.S. Georgia. The scattered remains Tennessee Cove near Marin City, within bottomlands of Biscayne National Park. of this Confederate States Navy ironclad Golden Gate National Recreation Area. Owned by the U.S. Government, battery are buried in 28 feet of water in Owned jointly by the U.S. Government, National Park Service. Listed in the the Savannah River near Savannah. National Park Service, and the State of National Register as part of an Built in 1862 and sunk in 1864, this California, State Lands Commission. archeological district, level of historical wreck is entitled to sovereign immunity. Listed in the National Register as significance of this wreck is Owned by the U.S. Government, nationally significant. undetermined. General Services Administration. William Gray. This wooden hulled Hubbard. Scattered remains of this Managed by the U.S. Government, Army packet ship, built in 1827, was sunk in wooden Colonial merchant vessel, Corps of Engineers. Listed in the 1852 for use as a wharf. The hulk is wrecked in 1772, lie in 20 feet of water in National Register as nationally * buried beneath Battery and Greenwich Elliot Key in Biscayne National Park. significant. Streets in San Francisco. Privately Owned by the U.S. Government, C.S.S. Jackson. This Confederate owned. Listed in the National Register National Park Service. Listed in the States Navy ironclad gunboat (ex- as nationally significant. National Register as part of an Muscogee), built in 1863 and sunk in Winfield Scott. The scattered remains archeological district, this wreck is 1865, has been completely excavated; of this wooden hulled side-wheel nationally significant. the excavated remains are deposited in steamer, built in 1850 and wrecked off Jordan’s B allast Showing Site. the Confederate Naval Museum in Anacapa Island, are buried in 25 feet of Remains of this wooden vessel are Columbus. Owned by the city of water in Channel Islands National Park buried in Biscayne National Park. Columbus. Listed in the National and National Marine Sanctuary. Owned Owned by the U.S. Government, Register as nationally significant. by the State of California, State Lands National Park Service. Listed in the Guam Commission. Managed jointly by the National Register as part of an U.S. Government, National Park Service archeological district, level of historical Aratama Maru. The scattered remains and National Oceanic and Atmospheric significance of this wreck is of this steel hulled freighter lie in 50 feet Administration. Listed in the National undetermined. of water in Talofofo Bay. Built in 1938, Register as nationally significant. Keel Showing Site. Remains of this this vessel was being used by the wooden vessel are buried in Biscayne Japanese Navy as a transport when it Connecticut National Park. Owned by the U.S. sank in 1944, giving it sovereign Berkshire No. 7. The intact remains of Government, National Park Service. immunity. Owned by the Japanese this steel and wooden canal barge, built Listed in the National Register as part of Government. Listed in the National in 1935, lie in 20 feet of water in an archeological district, level of Register as nationally significant. Bridgeport Harbor, Privately owned. historical significance of this wreck is S.M.S. Cormoran. This intact steel Listed in the National Register as undetermined. hulled steamer [ex-Rajasan] lies in 120 nationally significant. Legare Anchorage Shipwreck. This feet of water in outer Apra Harbor near Elmer S. Dailey. The intact remains of wooden British merchant vessel, named Piti, within the waters of the U.S. naval this wooden Erie Canal barge, built in H.M.S. Fowey, wrecked in 1748. Her station. Built in 1909, this ship was being 1915, lie in 20 feet of water in Bridgeport scattered remains are buried in used as a German commerce raider Harbor. Privately owned. Listed in the Biscayne National Park. Owned by the when it was scuttled by its crew in 1917 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50141 to avoid capture, giving it sovereign as part of an archeological district, this 1893 and wrecked in 1924. Owned by the immunity. Owned by the German wreck is nationally significant. U.S. Government, National Park Service. Government. Listed in the National Luther Little. The intact hulk of this Listed in the National Register as Register as regionally significant. wooden hulled freight schooner lies in 8 nationally significant. TokaiMaru. This intact steel hulled feet of water off the waterfront of Water Henry Chisholm. The scattered passenger and cargo ship lies in 120 feet Street in Wiscasset. She was built in remains of this wooden hulled freighter of water in outer Apra Harbor near Piti, 1917 and laid up in 1936. Privately lie in 50 feet of water near Isle Royale in within the waters of the U.S. naval owned. Listed in the National Register Lake Superior, within Isle Royale station. Built in 1930, this ship was being as part of an archeological district, this National Park. Built in 1880 and wrecked used by the Japanese Navy when it sank wreck is nationally significant. in 1898. Owned by the U.S. Government, in 1943, giving it sovereign immunity. Michigan National Park Service. Listed in the Owned by the Japanese Government. National Register as nationally Listed in the National Register as Algoma. The scattered remains of this significant. nationally significant. steel hulled freighter lie in 50 feet of Indiana. This intact, wooden hulled water near Isle Royale in Lake Superior, Hawaii freighter lies in 125 feet of water near within Isle Royale National Park. She Paradise in Lake Superior, within U.S.S. Arizona. This U.S. battleship, was built in 1883 and wrecked in 1885. Thunder Bay Bottomland Preserve. She which is entitled to sovereign immunity, Owned by the U.S. Government, was built in 1848 and wrecked in 1858. was sunk on December 7,1941, in Pearl National Park Service. Listed in the Owned by the State of Michigan, Harbor. The intact vessel lies in the National Register as nationally Department of Natural Resources. U.S.S. Arizona Memorial in 38 feet of significant. Determined eligible for the National water. Owned by the U.S. Government, America. This intact steel hulled Register as nationally significant. freighter lies in 50 feet of water near Isle Department of the Navy. Managed by Kamloops. This intact, steel hulled the U.S. Government, National Park Royale in Lake Superior, within Isle Royale National Park. She was built in freighter lies in 180 to 260 feet of water Service. Listed in the National Register near Isle Royale in Lake Superior, within as a National Historic Landmark. 1898 and wrecked in 1928. Owned by the U.S.S. Utah. This U.S. battleship, U.S. Government, National Park Service. Isle Royale National Park. She was built which is entitled to sovereign immunity, Listed in the National Register as in 1924 and wrecked in 1927. Owned by was sunk on December 7,1941, in Pearl nationally significant. the U.S. Government, National Park Harbor. The intact vessel is in 25 to 50 Chester A. Congdon. This intact steel Service. Listed in the National Register feet of water near Honolulu. Owned by hulled freighter lies in 50 feet of water as nationally significant. the U.S. Government, Department of the near Isle Royale in Lake Superior, within Monarch. The scattered remains of Navy. Listed in the National Register as Isle Royale National Park. The vessel this wooden hulled freighter lie in 20 to a National Historic Landmark. [ex-Salt Lake C ity} was built in 1907 and 70 feet of water near Isle Royale in Lake wrecked in 1918. Owned by the U.S. Superior, within Isle Royale National Indiana Government, National Park Service. Park. She was built in 1890 and wrecked Muskegon. The remains of this Listed in the National Register as in 1906. Owned by the U.S. Government, wooden hulled side-wheel steamer (ex- nationally significant. National Park Service. Listed in the Peerless) lie in 30 feet of water in Lake Cumberland. The scattered remains of National Register as nationally Michigan near Michigan City. She was this wooden hulled side-wheel freighter significant. built in 1872 and wrecked in 1911. lie in 20 to 150 feet of water near Isle Mississippi Owned by the State of Indiana. Listed in Royale in Lake Superior, within Isle the National Register as regional Royale National Park. She was built in Star of the West. This wooden hulled significant. 1871 and wrecked in 1877. Owned by the side-wheel steamer, built in 1852, was U.S. Government, National Park Service. used by the Confederate States Navy. Maine Listed in the National Register as Renamed the C.S.S. Philip, the vessel Cora F. Cressy. The intact hulk of this nationally significant. was sunk in the Tallahatchie River near wooden hulled schooner lies on the Emperor. This intact, steel hulled Greenwood in 1862 to create an obstacle shoreline of Keene Narrows near freighter lies in 50 to 170 feet of water to navigation against the Union. This Bremen. Built in 1902, she was sunk as a near Isle Royale in Lake Superior, within shipwreck, which is entitled to breakwater. Privately owned. Listed in Isle Royale National Park. She was built sovereign immunity, is owned by the the National Register as nationally in 1910 and wrecked in 1947. Owned by U.S. Government, General Services significant. the U.S. Government, National Park Administration. Listed in the National Defence. The remains of this wooden Service. Listed in the National Register Register as nationally significant. hulled Revolutionary War.period as nationally significant. North Carolina brigantine lie buried in 23 feet of water George M. Cox. The scattered remains in Stockton Springs Harbor. Built in 1778 of this steel hulled freighter [ex-Puritan) A.P. Hurt. The intact remains of this and sunk in 1779 while privateering, this lie in 90 feet of water near Isle Royale in iron hulled stem-wheel riverboat lie in wreck is entitled to sovereign immunity. Lake Superior, within Isle Royale 15 feet of water in the Cape Fear River Owned by the U.S. Government, National Park. She was built in 1901 and near Wilmington. She was built in 1860 Department of the Navy. Listed in the wrecked in 1933. Owned by the U.S. and wrecked in 1924. Owned by the National Register as nationally Government, National Park Service. State of North Carolina. Listed in the significant. Listed in the National Register as National Register as part of an Hesper. At high tide, the intact hulk of nationally significant. archeological district, this wreck is this wooden hulled schooner lies in 8 Glenlyon. The scattered remains of nationally significant. feet of water off the waterfront of Water this steel hulled freighter [ex-W illiam H. Arabian. The intact remains of this Street in Wiscasset. She was built in Gratwick) lie in 60 feet of water near wooden hulled side-wheel steamer are 1918 and laid up in 1936. Privately Isle Royale in Lake Superior, within Isle buried in 20 feet of water off Fort Fisher owned. Listed in the National Register Royale National Park. She was built in at Kure Beach. Built in 1851, she 50142 Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices wrecked in 1863 while being used as a Wilmington, serving as a bulkhead. North Carolina. Listed in the National blockade runner. Owned by the State of Owned by the State of North Carolina. Register as part of an archeological North Carolina. Listed in the National Listed in the National Register as part of district, this wreck is nationally Register as part of an archeological an archeological district, this wreck is significant. district, this wreck is nationally nationally significant. Eagles Island Other Skiff. The intact significant. Carolina Beach Inlet Recent. The remains of this wooden hulled skiff are Argonauta. Built in 1876, this iron remains of this iron hulled side-wheel buried on the shore of the Cape Fear hulled tugboat is laid up on the shore of blockade runner are buried in 10 feet of River near Wilmington. Owned by the the Cape Fear River near Wilmington. water in the Atlantic Ocean near State of North Carolina. Listed in the Owned by the State of North Carolina. Carolina Beach. Owned by the State of National Register as part of an Listed in the National Register as part of North Carolina. Listed in the National archeological district, this wreck is an archeological district, this wreck is Register as part of an archeological nationally signficiant. nationally significant. district, this wreck is nationally Eagles Island Side-wheel Steamer. Argonauta Barge. The remains of this significant. The remains of this wooden hulled side- wooden barge are buried on the shore of Carolina Beach Inlet South Site. The wheel steamer, named Sylvan Grove, the Cape Fear River near Wilmington. remains of this iron hulled side-wheel are buried on the shore of Eagles Island Owned by the State of North Carolina. blockade runner are buried in 15 feet of in the Cape Fear River near Wilmington. Listed in the National Register as part of water in the Atlantic Ocean near She was built in 1858 and wrecked in an archeological district, this wreck is Carolina Beach. Owned by the State of 1891. Owned by the State of North nationally significant. North Carolina. Listed in the National Carolina. Listed in the National Register Barge #1. The remains of this wooden Register as part of an archeological as part of an archeological district, this barge are on the shore of the Cape Fear district, this wreck is nationally wreck is nationally significant. River near Wilmington. Owned by the significant. Eagles Island Skiff No. 1. The remains State of North Carolina. Listed in the Cherokee. The remains of the wooden of this wooden hulled skiff are on the National Register as part of an hulled launch are buried on the shore of shore of the Cape Fear River near archeological district, this wreck is the Cape Fear River near Wilmington. Wilmington. Owned by the State of nationally significant. Owned by the State of North Carolina. North Carolina. Listed in the National Barge #2. The intact remains of this Listed in the National Register as part of Register as part of an archeological wooden barge are on the shore of the an archeological district, this wreck is district, this wreck is nationally Cape Fear River near Wilmington. nationally significant. significant. Owned by the State of North Carolina. Condor. The remains of this iron Listed in the National Register as part of hulled side-wheel blockade runner are Elizabeth. The scattered remains of an archeological district, this wreck is buried in 15 feet of water off Fort Fisher this wooden hulled side-wheel steamer nationally significant. at Kure Beach. She was built and sunk [ex-Atlantic] are buried on the shore of Barge #3. The intact remains of this in 1864. Owned by the State of North Lockwood’s Folly Inlet near Wilmington. wooden hopper barge are on the shore Carolina. Listed in the National Register Built in 1852, she sank in 1863 while of the Cape Fear River near Wilmington, as part of an archeological district, this blockade running. Owned by the State having been sunk to serve as a wreck is nationally significant. of North Carolina. Listed in the National bulkhead. Owned by the State of North C.S.S. Raleigh. The scattered remains Register as part of an archeological Carolina. Listed in the National Register of this Confederate States Navy ironclad district, this wreck is nationally as part of an archeological district, this gunboat are buried in 20 feet of water significant. wreck is nationally significant. off Fort Fisher at Kure Beach. She was Ella. The remains of this iron hulled Barge # 4. The scattered remains of built and sunk in 1864. This vessel is side-wheel blockade runner, built and this wooden barge are on the shore of entitled to sovereign immunity. Owned sunk in 1864, are buried in 15 feet of the Cape Fear River near Wilmington. by the U.S. Government, General water at the mouth of the Cape Fear Owned by the State of North Carolina. Services Administration. Listed in the River near Bald Head Island. Owned by Listed in the National Register as part of National Register as part of an the State of North Carolina. Listed in the an archeological district, this wreck is archeological district, this wreck is National Register as part of an nationally significant. nationally significant. archeological district, this wreck is Bendigo. The remains of this iron Dolphin. The intact remains of this nationally significant. hulled side-wheel blockade runner (ex- wooden hulled tugboat, built in 1896, are General Beauregard. The remains of M illie] are buried on the shore of on the shore of the Cape Fear River near this iron hulled side-wheel blockade Lockwood’s Folly Inlet near Wilmington. Wilmington. Owned by the State of runner [ex-Havelock] are buried in 15 She was built in 1863 and wrecked in North Carolina. Listed in the National feet of water in thé Atlantic Ocean near 1864. Owned by the State of North Register as part of an archeological Carolina Beach. Built in 1858 and sunk Carolina. Listed in the National Register district, this wreck is nationally in 1863. Owned by the State of North as part of an archeological district, this significant. Carolina. Listed in the National Register wreck is nationally significant. Duoro. The remains of this iron hulled as part of an archeological district, this Bulkhead Barge. The remains of this blockade runner, sunk in 1863, are wreck is nationally significant. wooden hulled barge lie submerged near buried in 10 feet of water in the Atlantic Government Barge. The remains of the shore of the Cape Fear River near Ocean near Carolina Beach. Owned by this wooden barge are buried on the Wilmington. Owned by the State of the State of North Carolina. Listed in the shore of the Cape Fear River near North Carolina. Listed in the National National Register as part of an Wilmington. Owned by the State of Register as part of an archeological archeological district, this wreck is North Carolina. Listed in the National district, this wreck is nationally nationally significant. Register as part of an archeological significant. Eagles Island Launch. The remains of district, this wreck is nationally Bulkhead Tugboat. The remains of this wooden hulled launch are buried on significant. this wooden hulled vessel are on the the shore of the Cape Fear River near H.G. Wright. The remains of this shore of the Cape Fear River near Wilmington. Owned by the State of wooden hulled stem-wheel boat, built in Federal Register / Vol. 55, No. 233 / Tuesday, December 4,1990 / Notices 50143

1882, are buried on the shore of the Cape Phantom. The remains of this steel North Carolina. Listed in the National Fear River near Wilmington. Owned by hulled blockade runner, built and sunk Register as part of an archeological the State of North Carolina. Listed in the in 1863, are buried in 15 feet of water in district, this wreck is nationally National Register as part of an Topsail Inlet near Topsail Island. significant. archeological district, this wreck is Owned by the State of North Carolina. Stone #5. The intact remains of this nationally significant. Listed in the National Register as part of wooden tugboat [ex-Sadie E. Culver), Hebe. The remains of this iron hulled an archeological district, this wreck is built in 1896, are on the shore of the blockade runner, built and sunk in 1863, nationally significant. Cape Fear River near Wilmington. are buried in 22 feet of water in the Ranger Site. The remains of this iron Owned by the State of North Carolina. Atlantic Ocean near Carolina Beach. hulled side-wheel blockade runner, Listed in the National Register as part of Owned by the State of North Carolina. named Ranger, are buried in an archeological district, this wreck is Listed in the National Register as part of Lockwood’s Folly Inlet near Wilmington. nationally significant. an archeological district, this wreck is Built in 1863 and sunk in 1864. Owned by the State of North Carolina. Listed in Stone #6. The intact remains of this nationally significant. wooden tugboat [ex-Atlantic City), built Iron Rudder Wreck. The remains of the National Register as part of an archeological district, this wreck is in 1890, are on the shore of the Cape this wooden vessel are buried on the Fear River near Wilmington. Owned by shore of the Cape Fear River near nationally significant. Rich Inlet Wreck. The remains of this the U.S. Government, Department of the Wilmington. Owned by the State of Navy. Listed in the National Register as North Carolina. Listed in the National iron hulled side-wheel blockade runner, named Wild Dayrell, are buried in 10 part of an archeological district, this Register as part of an archeological wreck is nationally significant. district, this wreck is nationally feet of water in Rich Inlet near Figure 8 significant. Island. Built in 1863 and sunk in 1864. Stormy Petrel. The remains of this iron hulled side-wheel blockade runner, John Knox. The remains of this Owned by the State of North Carolina. Listed in the National Register as part of built and sunk in 1864, are buried in 20 wooden riverboat, built in 1919, lie in 10 feet of water off Fort Fisher at Kure feet of water in the Cape Fear River an archeological district, this wreck is nationally significant. Beach. Owned by the State of North near Wilmington. Owned by the State of Carolina. Listed in the National Register North Carolina. Listed in the National Sanded Barge. The remains of this wooden vessel are buried on the shore as part of an archeological district, this Register as part of an archeological wreck is nationally significant. district, this wreck is nationally of the Cape Fear River near Wilmington. significant. Owned by the State of North Carolina. The Little Barge. The remains of this Last One Wreck. The remains of this Listed in the National Register as part of wooden barge are buried on the shore of wooden vessel lie in 2 feet of water near an archeological district, this wreck is the Cape Fear River near Wilmington. nationally significant. the shoreline of the Cape Fear River Owned by the State of North Carolina. Skinner’s Dock Wreck. The remains Listed in the National Register as part of near Wilmington. Owned by the State of of this wooden vessel are buried in 25 North Carolina. Listed in the National an archeological district, this wreck is feet of water in the Cape Fear River nationally significant. Register as part of an archeological near Wilmington. Owned by the State of district, this wreck is nationally U.S.S. Aster. The remains of this North Carolina. Listed in the National wooden tugboat, sunk in 1864 while in significant. Register as part of an archeological Minnesota. The hulk of this wooden use by the Union Navy as a gunboat, are district, this wreck is nationally buried in 20 feet of water off Fort Fisher tugboat, built in 1910, is on the shore of significant. the Cape Fear River near Wilmington. at Kure Beach. This vessel is entitled to Splayed Wreck. The scattered sovereign immunity. Owned by the U.S. Owned by the State of North Carolina. remains of this wooden vessel are Listed in the National Register as part of Government, Department of the Navy. buried on the shore of the Cape Fear Listed in the National Register as part of an archeological district, this wreck is River near Wilmington. Owned by the nationally significant. State of North Carolina. Listed in the an archeological district, this wreck is Modem Greece. The remains of this National Register as part of an nationally significant. iron hulled blockade runner are buried archeological district, this wreck is U.S.S. Iron Age. The remains of this in 15 feet of water off Fort Fisher at Kure nationally significant. wooden side-wheel gunboat are buried Beach. Built in 1859 and sunk in 1862. Steam Crane Barge #1. The intact in 12 feet of water in Lockwood’s Folly Owned by the State of North Carolina. remains of this wooden crane barge lie Inlet near Wilmington. Built in 1862, she Listed in the National Register as part of on the shore of the Cape Fear River near sank in 1864 while in use as a Union an archeoleogical district, this wreck is Wilmington. Owned by the State of Navy gunboat. This vessel is entitled to nationally significant. North Carolina. Listed in the National sovereign immunity. Owned by the U.S. Moorefield Site. The remains of this Register as part of an archeological Government, Department of the Navy. iron hulled vessel are buried in 20 feet of district, this wreck is nationally Listed in the National Register as part of water off Fort Fisher at Kure Beach. significant. an archeological district, this wreck is Owned by the State of North Carolina. Stone #3. The hulk of this wooden nationally significant. Listed in the National Register as part of tugboat [ex-Isabella), built in 1905, is on U.S.S. Louisiana. The remains of this an archeological district, this wreck is the shore of the Cape Fear River near iron hulled steamer are buried in 20 feet nationally significant Wilmington. Owned by the State of of water off Fort Fisher at Kure Beach. Orange Street Wreck. The remains of North Carolina. Listed in the National Built in 1860, she sank in 1864 while in this steel hulled yacht are buried in 15 Register as part of an archeological use as a Union Navy powder vessel. feet of water in the Cape Fear River district, this wreck is nationally This vessel is entitled to sovereign near Wilmington. Owned by the State of significant. immunity. Owned by the U.S. North Carolina. Listed in the National Stone #4. The remains of this wooden Government, Department of the Navy. Register as part of an archeological tugboat, built in 1915, are buried on the Listed in the National Register as part of district, this wreck is nationally «hore of the Cape River near an archeological district, this wreck is significant. Wilmington. Owned by the State of nationally significant. 50144 Federal Register / VoL 55, No. 233 / Tuesday, December 4 ,1990 / Notices

U.S.S. Monitor: The intact remains of Determined eligible for the National Vessel 43. The hulk of this wooden, this ironclad turret monitor He in 230 Register as nationally significant covered barge lies on the shore of feet of water on the outer continental H.M.S. Culloden. The intact remains Shooter’s Island in New York Harbor. shelf, in the U.S.S. Monitor National of this wooden British man-of-war lie on Owned by the State of New York. Marine Sanctuary. She was built in 1861 the bottomlands of Fort Pond Bay. Built Determined eligible for the National and sunk in 1862. Owned by the U.S. in 1776 and sunk in 1781, this vessel is Register as nationally significant. Government, General Services entitled to sovereign immunity. Owned V essel 48. The hulk of this wooden Administration. Managed by the U.S. by the British Government. Listed in the tugboat lies on the shore of Shooter’s Government, National Oceanic and National Register, level of historical Island in New York Harbor. Owned by Atmospheric Administration, listed in significance is undetermined. the State of New York. Determined the National Register as a National Hoffmans. The hulk of this wooden eligible for the National Register as Historic Landmark. covered barge, built in 1907, Hes on the nationally significant U.S.S. Peterhoff. The remains of this shore of Shooter’s Island in New York V essel 53. The hulk of this wooden, iron hulled side-wheel steamer are Harbor. Owned by the State of New side-wheel steamer lies on the shore of buried in 30 feet of water off Fort Fisher York. Determined eHgiblefor the Shooter’s Island in New York Harbor. at Kure Beach. She sank in 1864 while in National Register as nationally Owned by the State of New York. use as a Union Navy gunboat, giving her significant. Determined eligible for the National sovereign immunity. Owned by the U.S. Jacob A. Decker. The hulk of thiis Register as nationally significant. wooden barge, built in 1930, lies on the Government, Department of the Navy. V essel 54. The hulk of this wooden Listed in the National Register as shore of Shooter’s Island in New York Harbor. Owned by the State of New package freighter lies in 10 feet of water nationally significant. near the shore of Shooter’s Island in Wright Barge. The intact remains of York. Determined eligible for the National Register as nationally New York Harbor. Owned by the State this wooden barge are on the shore of of New York. Determined eligible for the the Cape Fear River near Wilmington. significant. Keating. The hulk of this wooden National Register as nationally Owned by the State of North Carolina. significant. Listed in the National Register as part of barge, built in 1912, lies on the shore of Shooter’s Island in New York Harbor. Vessel 59. The hulk of this wooden an archeological district, this wreck is schooner lies on the shore of Shooter’s nationally significant. Owned by the State of New York. Determined eligible for the National Island in New York Harbor. Owned by Nebraska Register as nationally significant. the State of New York. Determined Minerva. The hulk of this wooden, eligible for the National Register as Bertrand. The remains of this wooden side-wheel steamer [ex-Jane M oseley] nationally significant. stem-wheel steamboat lie in 15 feet of lies in 10 feet of water near the shore of V essel 84. The hulk of this wooden water at De Soto Bend in the Missouri Shooter’s Island in New York Harbor. sailing lighter lies on the shore of River, near Blair, in the De Soto Wildlife Built in 1873, this vessel was laid up and Shooter’s Island in New York Harbor. Refuge. She was built in 1864 and sunk dismantled in 1932. Owned by the State Owned by the State of New York. in 1865. Owned by the U.S. Government, of New York. Determined eligible for the Determined eligible For the National Fish and WtldHfe Service. National Register as nationally Register as nationally significant. N ew Jersey significant Oregon V essel 28. The hulk of this wooden Alexander Hamilton. The hulk of this tugboat lies on the shore of Shooter’s Isabella. The remains of this wooden steel hulled side-wheel steamer lies in Island in New York Harbor. Owned by brig are buried in 40 feet of water off 10 feet of water in New York Harbor the State of New York. Determined Cape Disappointment at the mouth of near Earle. Built in 1924, she was laid up eligible for the National Register as the Columbia River, near Astoria. Built m 1977 in the Hudson River. Owned by nationally significant. in 1825, this vessel wrecked in 1830 the State of New Jersey. Listed in the V essel 30. The hulk of this wooden while in use as a Hudson Bay Company National Register as nationally tugboat lies on the shore of Shooter’s supply ship. Owned by the State of significant. Island in New York Harbor. Owned by Oregon, Division of State Lands. Listed the State of New York. Determined in the National Register as part of an Archeological Site #1. The remains erf eligible for the National Register as this wooden hulled vessel are buried in archeological district of national nationally significant. significance. 5 feet of water in Barges Creek near V essel 34. The hulk of this wooden Hamilton Township. Owned by the tugboat lies on the shore of Shooter’s Rhode Island State of New Jersey. Listed in the Island in New York Harbor. Owned by H.M.S. Orpheus. The remains of this National Register as nationally the State of New York. Determined significant. wooden British frigate are buried in eligible for the National Register as Narragansett Bay near Middletown. Bead Wreck. The scattered remains of nationally significant. Built in 1773 for the Royal Navy, this this wooden vessel are buried in 12 feet V essel 37. The hulk of this wooden, vessel was scuttled in 1778. This vessel of water in the Mullica River near covered barge Hes on the shore of is entitled to sovereign immunity. Chestnut Neck. Owned by the State of Shooter’s Island in New York Harbor. Owned by the British Government. New Jersey. Listed in the National Owned by the State of New York. Listed in the National Register as Register as nationally significant Determined eligible for the National nationally significant. N ew York Register as nationally significant. V essel 41. The hulk of this wooden, South Carolina Bessie M. Dustin. The remains of this covered barge lies on the shore of Brown’s Ferry Wreck. The remains of wooden schooner are on the shore of Shooter’s Island in New York Harbor. this wooden saiHng vessel are buried on Shooter's Island in New York Harbor. Owned by the State of New York. the share of the Black River near Built in 1918, this vessel was laid up in Determined eligible for die National Georgetown. This vessel wrecked in 1936. Owned by the State of New York. Register as nationally significant. 1740 while in use as a cargo vessel. Federal Register / Vol 55, No. 233 / Tuesday, December 4,1990 / Notices 50145

Owned by the State of South Carolina, Yorktown. This vessel, which was Government. Listed in the National Institute of Archaeology and scuttled in 1781, is entitled to sovereign Register as part of an archeological Anthropology. Listed in the National immunity. Owned by the British district of national significance. Register as nationally significant. Government. Listed in the National Yorktown Fleet #4. The remains of Texas Register as part of an archeological this wooden Royal Navy transport are district of regional significance. buried in 30 feet of water in the York Mansfield Cut Wrecks. The scattered C.S.S. Florida. The remains of this River near Yorktown. Scuttled in 1781, remains of this wooden vessel, named wooden Confederate States Navy this vessel is entitled to sovereign San Esteban, are buried off Padre Island cruiser are buried in 63 feet of water in immunity. Owned by the British near Port Mansfield. This vessel, which the James River near Newport News. Government. Listed in the National wrecked in 1554 when part of a treasure Built in 1863, this vessel was in the Register as part