O.C.G.A. § 12-3-80 (2019)
‘‘Submerged cultural resources’’ defined; title and exclusive right to regulate investigation, survey, and recovery; exceptions
As used in this part, the term ‘‘submerged cultural resources’’ means all prehistoric and historic sites, ruins, artifacts, treasure, treasure-trove, and shipwrecks or vessels and their cargo or tackle which have remained on the bottom for more than 50 years, and similar sites and objects found in the Atlantic Ocean within the three-mile territorial limit of the state or within its navigable waters. Title to, and the exclusive right to regulate the investigating, surveying, and recovery of, all such submerged cultural resources is declared to be in the State of Georgia; provided, however, that the Board of Natural Resources may determine and provide by rule that certain submerged cultural resources are of no cultural or economic value to the State of Georgia such that items or areas so designated are not subject to the provisions of this part, including any permit requirements of Code Section 12-3-82.
History
Code 1981, § 12-3-80, enacted by Ga. L. 1985, p. 906, § 4; Ga. L. 1988, p. 945, § 1.
CONSERVATION & NATURAL RES.
Annotations
JUDICIAL DECISIONS State of Georgia’s mere constructive possession of logs submerged in the state’s rivers was insufficient to claim Eleventh Amendment immunity in salvage company’s in rem admiralty actions to salvage the logs; actual possession was required, and Georgia’s claimed possession by locating the logs using sonar, under O.C.G.A. § 12-3-80 et seq., to confer ownership and control over the logs, owning the land on which the logs were situated, and patrolling the rivers was insufficient to establish actual possession. Aqua Log, Inc. v. Georgia, 594 F.3d 1330 (11th Cir. 2010). Submerged logs not subject to provisions. - When the plaintiff sought to salvage logs which sank after the logs were placed in the river as part of logging operations over a hundred years ago for
transport to lumber mills, the logs were not subject to the plain language of the Submerged Cultural Resources Act, O.C.G.A. § 12-3-80 et seq., because the logs were not capable of having ‘‘cargo or tackle.’’ Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs, 94 F. Supp. 3d 1345 (2015). Pre-cut logs that had been at a river bottom for over 100 years were not subject to the plain language of the Submerged Cultural Resources Act (SCRA), O.C.G.A. § 12-3-80 et seq., because, although the logs were cut at both ends, the logs did not appear to be included within the purview of the SCRA because the logs were not capable of having cargo or tackle. Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Raft of Logs, 103 F. Supp. 3d 1369 (M.D. Ga. 2015).
RESEARCH REFERENCES ALR. - Validity, construction, and application of Abandoned Shipwreck Act of
1987 (43 USCA § 2101 et seq.), 163 A.L.R. Fed. 421.