FINAL BILL REPORT

SSB 6298

                                  C 124 L 88

BYSenate Committee on Governmental Operations (originally sponsored by Senators Zimmerman, Williams and Bluechel; by request of Community Development)

Revising provisions on abandoned property with historical value.

Senate Committee on Governmental Operations

House Committe on Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

Advances in technology are improving the discovery and the economic feasibility of salvaging shipwrecks and other under-water historic artifacts.  As states become more interested in their history, the state needs to protect its interest in this historic property, both as to ownership and regulation.

The Washington State Constitution (Article 17) asserts ownership to all beds and shores of navigable waters, and the Federal Submerged Lands Act grants ownership of bedlands of navigable waters and the natural resources located within three geographic miles of the state's coastline.

Ownership of items abandoned on these bedlands is not specifically declared in statute, nor has the issue been litigated in Washington courts.  Federal Admiralty Court has jurisdiction over salvage actions for treasure and ancient shipwrecks, and the general rule is that the property is awarded to the finder.

The Department of Community Development (DCD) requires a permit for the removal and alteration of archaeological resources from public lands except for artifacts found exposed on the surface of the ground or those found on shorelands below the line of ordinary high-water or within the intertidal zone.

SUMMARY:

Historic shipwrecks and underwater artifacts shall be managed by the Department of Community Development.  The department shall establish rules which will protect the historic value and environmental integrity of the historical shipwrecks and archaeological properties, while allowing for public and private sector recovery of abandoned shipwrecks and submerged archaeological properties.

All treasure troves, artifacts, and objects of historic value that have been abandoned for more than 30 years on submerged state land belong to the State of Washington.  Prior to the removal of any of these items, a permit must be obtained from the department.

The division of proceeds from salvage operations for the recovery of shipwrecks shall be 10 percent to the state and 90 percent to the salvor.  Fees assessed by the Department of Natural Resources shall not be a part of the state's potential 10 percent share.  All of the state's share of the proceeds shall go to historic underwater archaeology.  The state does not claim any proceeds from aircraft.  Title for aircraft can only be released to a museum or nonprofit agency.

VOTES ON FINAL PASSAGE:

      Senate    45     2

      House 95   0 (House amended)

      Senate    40     3 (Senate concurred)

EFFECTIVE:March 18, 1988