Many of the misstatements of law that the administration has tried to force on America's salvors through the proposed UNESCO Convention on the Protection of Underwater Cultural Heritage also appeared in former President Clinton's January 19, 2001 Statement on United States Policy for the Protection of Sunken Warships

• This is about much more than Warships. Clinton's Statement creates a new category of "State craft" that includes all government vessels, aircraft, and spacecraft. U.S. and international law recognize two types of sovereign vessels - warships and public vessels. Warships are armed vessels that have a crew subject to regular armed forces discipline. Public vessels are a much broader category of vessels, including scientific research vessels or even privately owned vessels carrying government cargo in non-commercial service. Clinton's new category of "State craft" blends these two categories and then further expands the definition by even including vessels that were engaged in commercial activity.

• U.S. law and international law favor preserving artifacts. Clinton's Statement asserts, "International law encourages nations to preserve objects of maritime heritage wherever located for the benefit of the public." This is simply not true. Centuries of Anglo-American jurisprudence encourage salvors to save objects from marine peril and return them to the stream of commerce. What this means for historic shipwrecks is that artifacts are to be recovered and preserved according to archaeological practices and then can be either displayed, donated to museums or sold to private collectors. Moreover, "for the benefit of the public" refers not to private property rights or commercial incentives for preserving history, but to the discredited notion of "common heritage of mankind."

• All wreck sites are not gravesites. Just because a "State craft" ended up on the bottom of the sea does not mean people died on the vessel or that there would still be human remains. For instance, the Statement's definition would include the recently recovered Gemini capsule that orbited Gus Grissom. But, Gus Grissom survived the flight and was flown away before the capsule sank. Likewise, the LA GALGA, a ship that sunk off the coast of Virginia in 1750 that Spain is currently claiming title to, did not sink with all hands on board, but rather most escaped to the nearby shore. Even when lives are lost, human remains do not often survive the harsh seafloor environment. On the rare occasions that salvors do find human remains, they are treated with the same dignity and solemnity as used by the archeological community.

• Clinton's Statement misstates the law on abandonment. There are two fundamental errors in Clinton's Statement about abandonment. First, U.S. courts have repeatedly held that foreign vessels can be abandoned by time. So, the Clinton Statement's claim that title is not extinguished by passage of time runs contrary to well established law. The Congress possibly could change these admiralty courts' holdings, but executive fiat certainly cannot. Second, the Clinton Statement asserts that anyone that attempts to recover any "State craft" should only do so with the express permission of the sovereign. According to the U.S. Supreme Court, the sovereign must be in actual possession before they can stop salvor's attempts to find, identify, excavate, and preserve artifacts from a wreck.

Thousands of United States Government vessels, aircraft, and spacecraft ("State craft"), as well as similar State craft of foreign nations, lie within, and in waters beyond, the territorial sea and contiguous zone. Because of recent advances in science and technology, many of these sunken Government vessels, aircraft, and spacecraft have become accessible to salvors, treasure hunters and others.  The unauthorized disturbance or recovery of their crews and passengers is a growing concern both within the United States and internationally.  In addition to deserving treatment as gravesites, these sunken State craft may contain objects of a sensitive national security, archaeological, or historical nature.  They often also contain unexploded ordnance that could pose a danger to human health and the marine environment if distrubed, or other substances, including fuel oil and other hazardous liquids, that likewise pose a serious threat to human health and the marine environment if released.     I believe that United States policy should be clearly stated to meet this growing concern.     Pursuant to the property clause of Article IV of the Constitution, the United States retains title indefinitely to its sunken State craft unless title has been abdndoned or transferred in the manner Congress authorized or directed.  The United States recognizes the rule of international law that title to foreign sunken State craft may be transferred or abandoned only in accordance with the law of the foreign flag state.     Further, the United States recognizes that title to a United States or foreign sunken State craft, wherever located, is not extinguished by passage of time, regardless of when such sunken State craft was lost at sea.     International law encourages nations to preserve objects of maritime heritage wherever located for the benefit of the public.     Those who would engage in unauthorized activities directed at sunken State craft are advised that disturbance or recovery of such craft should not occur without the express permission of the sovereign and should only be conducted in accordance with professional scientific standards and with the utmost respect for any human remains.     The United States will use its authority to protect and preserve sunken State craft of the United States and other nations, whether located in the waters of the United States, a foreign nation or in international waters.