A Means to Streamline Historic and Cultural Resource Consultation and Compliance for Pollution Assessment and Recovery Activities on Shipwrecks

In May 2013, per Congressional direction and to support a better understanding of pollution sources in the U. S. waters, the National Oceanic and Atmospheric Administration (NOAA) provided the U. S. Coast Guard (USCG) a detailed report on the assessment of risks from potentially polluting shipwrecks. The report, Risk Assessment for Potentially Polluting Wrecks in U.S. Waters, was a result of the Remediation of Underwater Legacy Environmental Threats (RULET) project that evaluated 20,000 shipwrecks for their pollution potential as well as issues that could impact operations including whether or not those wrecks could be historically significant properties and/or gravesites. “Historic property” is defined by the National Historic Preservation Act of 1966 (NHPA), to be any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places (NRHP.) The NHPA requires a Federal agency to “take into account” the effects of its undertakings, such as pollution removal from a submerged shipwreck, and afford the Advisory Council on Historic Preservation (ACHP) a reasonable opportunity to comment. Federal agencies meet Section 106 responsibilities through a consultation process with the ACHP and other parties as set out in the ACHP's regulations implementing Section 106 of the NHPA (36 CFR Part 800), or through implementation of the nationwide 1997 Programmatic Agreement for emergency response under the National Oil and Hazardous Substances Pollution Contingency Plan. NOAA evaluated a number of the report's shipwrecks for eligibility under the NRHP criteria to determine if any could be considered historic properties. The majority of RULET sites are associated with World War II casualties in the Battle of the Atlantic. As of 2013, the average age of each wreck is 83 years old, as many were built or retrofitted for service during WWII, meeting one of the criteria, per the National Park Service's regulations at 36 CFR Part 60 for eligibility for nomination to the NRHP. Three potentially eligible shipwrecks were subsequently nominated and accepted to the NRHP. The information contained in the RULET risk assessments and the NRHP nominations, facilitates the efforts of USCG to work through the required consultation processes; more effectively balancing responsibilities to address potential environmental impacts and legal mandates to avoid or mitigate impacts to historic resources.