Return to Underwater Archaeology
DEPARTMENT OF THE NAVY -- NAVAL HISTORY & HERITAGE COMMAND
UNDERWATER ARCHAEOLOGY
Return to Underwater Archaeology I. Introduction
A. The submarine H.L. Hunley ("Hunley")
was lost off the coast of Charleston, South Carolina, after successfully
attacking the USS Housatonic on February 17, 1864. This
action was one of the most remarkable events in naval history
as it was the first example of a submarine successfully sinking
a ship in military action and was an accomplishment not achieved
again until World War I, approximately fifty years later.
B. The wreck of the Hunley reportedly has been found off
the coast of South Carolina and, because of its significance,
may be the target of looters. The Hunley is also a submerged
war grave; thus, any human remains with the vessel must be treated
with dignity, respect, and honor.
C. Because of its significance to the history of the State of
South Carolina and the United States, the Hunley has been
listed in the National Register of Historic Places and is under
consideration for designation as a National Historic Landmark.
The State of South Carolina has begun the development of plans
for the (1) archeological investigation and recovery of the vessel
and its artifacts; (2) conservation of the vessel and its artifacts;
(3) respectful and appropriate recovery, identification, and burial
of human remains; (4) exhibition and education with respect to
the vessel and its artifacts; and (5) overall financing of the
Hunley project.
D. The United States Department of the Navy ("Navy"),
represented by the Naval Historical Center, is accountable for
management of the Hunley and its associated artifacts pursuant
to the transfer of accountability for the Hunley from the
United States General Services Administration (GSA) to Navy under
Transfer Order, Excess Personal Property, dated July 13, 1995.
E. Management of the Hunley and its artifacts, including
protection and investigation, may have an effect on the wreck's
historical integrity. Therefore, Navy has consulted, pursuant
to Section 800.13 of the regulations (36 CFR Part 800) implementing
Section 106 of the National Historic Preservation Act (16 U.S.C.
470f), with the Advisory Council on Historic Preservation ("Council"),
the South Carolina State Historic Preservation Officer ("SHPO"),
and the South Carolina Hunley Commission ("Hunley Commission").
F. Navy, GSA, the Council, the Hunley Commission, and the SHPO
agree that the Hunley shall be managed in accordance with
the provisions of this agreement.
II. Purposes of This Agreement
A. Through this agreement, Navy and the Hunley Commission will
ensure that the Hunley, an important part of our Nation's
history, is preserved responsibly and displayed in the State of
South Carolina in perpetuity.
B. This agreement also provides for protection of the Hunley
and its artifacts until this historic vessel is raised and preserved.
C. This agreement satisfies Navy's requirement under Section 106
of the National Historic Preservation Act (16 U.S.C. 470f) to
take into account the effects of any action it undertakes or approves
with regard to the Hunley prior to that undertaking. In
accordance with regulations implementing the National Historic
Preservation Act (36 C.F.R. Part 800), the process set forth in
this agreement requires Navy to consult with the Council, the
Hunley Commission, the SHPO, and other interested parties.
III. Title and Custody
The United States of America shall retain title to the Hunley,
and the State of South Carolina shall have custody of the Hunley
in perpetuity.
IV. Site Protection
A. The United States Coast Guard has established a regulated
navigation area within which the Hunley lies. Navy will
provide additional security measures, as Navy deems appropriate.
Navy's current site security plan is incorporated in this agreement.
B. Navy and the Hunley Commission shall restrict release of the
coordinates of the 's Hunley's location, as appropriate
to protecting the site, but shall not restrict access to the Hunley
by representatives of State law enforcement agencies or other
agents of the State designated by the Hunley Commission.
C. As part of its protection of the site, Navy may, after consultation
with the Hunley Commission, develop an emergency rescue plan,
which will be implemented only in the event of imminent destruction
and loss of the Hunley due to human predation.
D. Navy agrees to coordinate with other United States Government,
State, and local agencies to provide for a site protection and
management plan. Navy and the Hunley Commission consider general
site protection and stabilization as their primary objective until
acceptable plans and funding are in place for an archeological
investigation and/or recovery of the Hunley and any human
remains with it.
E. Navy will reevaluate its plan for security six months from
the date of signing this agreement.
V. Establishment of Hunley Oversight Committee
Navy agrees to establish a Hunley Oversight Committee to provide
guidance in management of the Hunley. United States Government
agencies that will be invited to participate with Navy are the
Department of the Interior, GSA, the National Oceanic and Atmospheric
Administration, the Smithsonian Institution, and the Council.
This Committee will review and comment upon proposals for archeological
investigations as provided in Section VIII.
VI. State Management of the Hunley
A. The Hunley Commission, representing the State of South Carolina,
and in consultation with the SHPO, other appropriate state agencies,
and the Hunley Oversight Committee, agrees to assume responsibility
for management of the Hunley subject to the provisions
in this agreement.
B. Navy agrees to assist the Hunley Commission in its management
of the Hunley as provided in this agreement.
VII. Public Participation in Preservation Issues
A. The Hunley Oversight Committee and the Hunley Commission will
be responsible for seeking the advice of professionals in the
field of underwater archeology, such as the Advisory Council on
Underwater Archeology, and of other professional disciplines as
appropriate.
B. Navy, in consultation with the National Park Service and the
Hunley Commission, shall develop a list of organizations at the
national, state, and local levels that have an interest in the
conduct of archeological investigations of the Hunley.
The organizations on this list will be provided an opportunity
to review and comment on proposals for archaeological investigations
as provided in Section VIII.
C. Any party to this Agreement shall advise other parties to this
Agreement of any public comments on the Agreement itself.
VIII. Review of Proposals for Archeological Investigation
A. Navy will publish a notice in the Federal Register concerning
the availability of this Programmatic Agreement and the opportunity
for individuals and organizations to submit proposals regarding
the archeological investigation of the Hunley. This notification
shall include information concerning deadlines for the submission
of proposals that involve early phases of the archeological investigation
of the Hunley. Such deadlines will be established in consultation
with the Hunley Commission.
B. Any party expressing an interest in implementing any of the
following aspects of archeological investigation of the Hunley
will be advised that it must submit a comprehensive proposal to
Navy that includes an overall financial plan:
(1) data recovery at the site;
(2) raising of the vessel;
(3) recovery and treatment of human remains;
(4) conservation and curation;
(5) public participation and education during the archeological
investigation of the Hunley; and
(6) future exhibition and interpretation.
The proposal must also include an abstract suitable for public
distribution and comment.
C. Navy will provide abstracts of all proposals to the organizations
identified pursuant to Section VI of this Programmatic Agreement.
Upon request, Navy will provide these organizations with copies
of entire proposals, excluding site location data.
D. Navy will provide all proposals and public comments received
thereon to the Hunley Oversight Committee, the Hunley Commission,
and the SHPO for a 30-day review period. The Hunley Oversight
Committee, the Hunley Commission, and the SHPO shall consider
the public comments provided by Navy when formulating recommendations
to Navy regarding the suitability of proposals.
E. Navy and the Hunley Commission will consider the views of the
Hunley Oversight Committee and the SHPO when selecting a preferred
proposal and implementation- monitoring plan which will be submitted
to GSA, the Council, and the SHPO for review and approval.
(1) If Navy, GSA, the Council, the Hunley Commission, and the
SHPO agree concerning the appropriateness of the preferred proposal
and monitoring plan, Navy and the Hunley Commission will proceed
to permit implementation of the proposal.
(2) If Navy, GSA, the Council, the Hunley Commission, and the
SHPO cannot reach agreement regarding the appropriateness of the
preferred proposal, the dispute will be resolved in accordance
with Section XI of this agreement.
IX. Standards for Archeological Investigation and Curation
A. Archeological investigations of the Hunley shall be
conducted in accordance with the Secretary of the Interior's Standards
and Guidelines for Archaeology and Historic Preservation, 48 Fed.
Reg. 44716 (Sep. 29, 1983). All archeological work, including
marine survey and underwater data recovery, will be conducted
under the direct field supervision of a person or persons meeting,
at a minimum, the following qualifications:
(1) Certification by the Society of Professional Archaeologists
(SOPA) for the execution of work in underwater archeology and/or
historical archeology;
(2) Demonstrated familiarity with the techniques of marine survey,
including operation of remote sensing devices; standard diving
operation practices relevant to underwater archeological investigations;
techniques of underwater archeological excavation and recording;
and interim conservation practices with artifacts from marine
environments.
B. Conservation and curation of the Hunley and its associated
artifacts shall be in accordance with Curation of Federally Owned
and Administered Archeological Collections (36 C.F.R. Part 79),
including the execution of a Memorandum of Understanding between
Navy and the repository for the collection.
X. Location for Curation and Display
A. The most appropriate location for the stabilization, conservation,
curation, and exhibition of the Hunley and its artifacts
is in the State of South Carolina. The Hunley Commission, after
consultation with Navy, the Council and the SHPO, will recommend
a location for the stabilization, conservation, curation, and
exhibition of the Hunley to the South Carolina General
Assembly for determination. During consultation with Navy on this
matter, Navy will determine whether the proposed curation facility
meets the standards for long term curatorial services required
by 36 C.F.R. Section 79.9 and any other applicable regulations.
B. The Hunley and its artifacts shall be lent in perpetuity to
the proposed curation facility/repository upon its execution of
a GSA-approved, curation agreement with the Navy pursuant to 36
C.F.R. Part 79.
C. If the curation facility/repository fails to abide by the terms
of its curation agreement, Navy shall notify the State of South
Carolina and offer the State an opportunity to select another
facility within the State as a curation facility/repository upon
GSA approval and the execution of a curation agreement with the
Navy pursuant to 36 C.F.R. Part 79.
XI. Resolving Objections
A. If any party to this Programmatic Agreement objects to any
action proposed, attempted, or carried out with respect to data
recovery at the site, conservation techniques, the raising and
restoration of the vessel, or the curation of the vessel and its
artifacts, Navy shall consult with the objecting party to resolve
the objection. If, after initiating such consultation, Navy determines
that the objection cannot be resolved through consultation, Navy
will forward all documentation relevant to the objection to the
Council. Within 30 days of such request, the Council shall either:
(1) provide Navy with recommendations, which Navy will take into
account in reaching a final decision regarding the issue; or
(2) notify Navy that the Council will comment pursuant to 36 C.F.R.
Section 800.6 (b) and proceed to comment. In accordance with 36
C.F.R. Section 800.6 (c) (2) and Section 110 (1) of the National
Historic Preservation Act, Navy shall take the comments of the
Advisory Council and the other parties into account in rendering
a final decision on the issue.
B. Any recommendation or comment provided by the Council will
be understood to pertain only to the subject of the objection.
The provisions of this agreement that are not the subject of the
objection will remain unchanged.
C. Notwithstanding the provisions of Section XI (A), if any party
to this agreement objects to any action proposed, attempted, or
carried out with respect to the treatment of human remains from
the Hunley, public participation and education during recovery
of the Hunley, or exhibition and presentation of the Hunley,
the Hunley Commission shall consult with the objecting party to
resolve the objection. If the objection cannot be resolved through
consultation, the Hunley Commission will take the views of the
other parties into account in rendering a final decision on the
issue.
XII. Financial Management of the Hunley
A. The State of South Carolina will receive all receipts, royalties,
and all other revenue generated by the exhibition, display, curation,
and all other activities related to the Hunley unless otherwise
regulated or prohibited by the laws of the United States.
B. This agreement does not obligate Navy to commit funds to management
of the Hunley except as required for administrative duties
under the agreement to the extent that appropriated funds are
available for this purpose and except as provided in Section XII
(C).
C. If either Navy or the State of South Carolina incurs costs
related to the Hunley without the express prior consent
of the other party, the party incurring the costs shall be solely
liable for them.
XIII. Amendment and Termination
A. Any party to this agreement may request that it be amended,
subject to the limitations provided in Subsection D of this Section,
whereupon the parties will consult in accordance with 36 C.F.R.
Section 800.13 to consider the proposed amendment.
B. Navy, GSA, the Council, the Hunley Commission, or the SHPO
may terminate this agreement, subject to the limitations provided
in Subsection D of this Section, by providing 30 days notice to
the other signatories, provided that the signatories will consult
during the period prior to termination to seek agreement or amendments
or other actions that would avoid termination. In the event of
termination, Navy will comply with 36 C.F.R. Sections 800.4 through
800.6, with respect to individual undertakings covered by this
agreement
C. Execution and implementation of this agreement evidences that
Navy has afforded the Council a reasonable opportunity to comment
on Navy's management of the Hunley, and that Navy has taken
into account the effects of its management on this historic property.
D. The provisions of Sections III, X, and XI are not subject to
amendment or termination without the consent of all parties to
this agreement.
XIV. Effective Date
This agreement shall become effective upon the date of the final
signature.
The Department of the Navy
By: ___________________________ Date: _____________
William S. Dudley
Director of Naval History
The General Services Administration
By: ___________________________ Date: _____________
G. Martin Wagner
Associate Administrator for the
Office of Policy, Planning, and
Evaluation
The Advisory Council on Historic Preservation
By: ___________________________
Robert D. Bush Date: _____________
Executive Director
The South Carolina Hunley Commission
By: ___________________________ Date: ______________
Glenn F. McConnell
Chairman
The South Carolina State Historic Preservation Officer
By: ___________________________ Date: _______________
George Vogt
Director, South Carolina Department of
Archives and History