This page provides information about the process NOAA has instituted to evaluate requests for a NOAA authorization to conduct research, exploration, salvage, or any other activity that would physically alter or disturb the wreck or wreck site of the RMS Titanic.
 
What is NOAA’s authority over the RMS Titanic?
 
Section 113 of the Consolidated Appropriations Act of 2017 (Section 113) provides that “no person shall conduct any research, exploration, salvage, or other activity that would physically alter or disturb the wreck or wreck site of the RMS Titanic unless authorized by the Secretary of Commerce, per the provisions of the Agreement Concerning the Shipwrecked Vessel RMS Titanic (International Agreement). The International Agreement entered into force for the United States and the United Kingdom on November 18, 2019.
 
On August 29, 2018, the Secretary of Commerce delegated to the NOAA Administrator partial authority to authorize activities under Section 113. 84 Fed. Reg. 38012 (Aug. 5, 2019).
 
Who must request a Section 113 authorization?
 
Any person subject to U.S. jurisdiction proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site of the RMS Titanic will need to demonstrate to the NOAA Administrator that the proposed project will comply with Section 113, which incorporates by reference the International Agreement. This information will enable the NOAA Administrator to determine whether the activity may physically alter or disturb the wreck or wreck site of the RMS Titanic such that a Section 113 authorization is required and, if so, whether the NOAA Administrator can issue an authorization. Section 113 does not define the term “person”; however, the Dictionary Act, 1 U.S.C. § 1, provides that in determining the meaning of any act of Congress, unless the context indicates otherwise, “person” includes “corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.”

What should someone proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site submit to NOAA?

At least 120 calendar days prior to the proposed project date, anyone proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site should submit to NOAA information sufficient to demonstrate that the proposed project will comply with the Annex Rules of the International Agreement and obtain any necessary authorization, if applicable  84 Fed. Reg. 38013 (Aug. 5, 2019). NOAA also encourages requestors to review the NOAA Guidelines for Research, Exploration and Salvage of RMS Titanic (66 Fed. Reg. 18905 (April 12, 2001)) as well as the International Maritime Organization Circular MEPC.1/Circ.779 (Pollution Prevention Measures in the Area Surrounding the Wreckage of RMS Titanic) (Jan. 31, 2012).

 What are NOAA’s policies and priorities for safeguarding the Titanic?

In NOAA’s Guidelines for Research, Exploration and Salvage of RMS Titanic (66 Fed. Reg. 18905 (April 12, 2001)), the agency identified policies and priorities for safeguarding the Titanic.  These include:

• The preferred policy for the preservation of RMS Titanic and its artifacts is in-situ preservation. Recovery or excavation aimed at RMS Titanic and/or its artifacts should be granted only when justified by educational, scientific, or cultural interests. All artifacts recovered from RMS Titanic should be conserved and curated consistent with these Guidelines and kept together and intact as project collections.
• Activities should avoid disturbance of human remains. In particular, entry into the hull sections of RMS Titanic should be avoided so that they, other artifacts and any human remains are not disturbed.
• Activities utilizing non-destructive techniques and non-intrusive surveys and sampling should be preferred to those involving recovery or excavation aimed at RMS Titanic and/or its artifacts.
• Activities should have the minimum adverse impact on RMS Titanic and its artifacts.
• Activities should ensure proper recording and dissemination to the public of historical, cultural and archaeological information.

The enactment of Section 113 and entry into force of the International Agreement impose legal obligations on the United States (and NOAA) that make mandatory certain policies identified in NOAA’s 2001 Guidelines.
 
How far in advance should an application for a Section 113 authorization be submitted to NOAA?

NOAA recommends that any person proposing to conduct any research, exploration, salvage, or other activity at the wreck or wreck site of RMS Titanic submit to NOAA, at least 120 calendar days prior to the proposed project date, information sufficient to demonstrate that the proposed project will comply with the Annex Rules of the International Agreement and to obtain any necessary authorization, if applicable.  84 Fed. Reg. 38012 (Aug. 5, 2019).

How does NOAA handle confidential or proprietary information that may be contained in a request for a Section 113 authorization?

NOAA handles requests for agency records under the Freedom of Information Act (FOIA) (5 U.S.C. § 552 et seq. offsite link) and the Privacy Act (5 U.S.C. § 552a et seq. offsite link) in a manner consistent with these laws and the U.S. Department of Commerce regulations on the Disclosure of Government Information.15 C.F.R. Part 4. FOIA Exemption (b)(4) applies to “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential.” 5 U.S.C. § 552(b)(4) offsite link.  If a Section 113 authorization request includes such information, the confidential commercial information should be  clearly labeled  ‘‘Contains Confidential Information.’’ Additionally, the submitter should consider submitting such information as a separate attachment, and request that NOAA treat it as confidential. NOAA will not disclose such information if it qualifies for exemption from disclosure under FOIA, as determined pursuant to applicable regulations. See 15 C.F.R. §4.9.  Additionally, NOAA will seek to protect personally identifiable information affecting an individual's privacy consistent with FOIA Exemption (b)(6). 5 U.S.C. § 552(b)(6) offsite link.
 
What if the United Kingdom opposes an authorization request?

At present, the United Kingdom is the only other party to the International Agreement.  The Secretary of Commerce has reserved authority under Section 113 to make all decisions arising under Article 5 of the International Agreement when another party opposes an authorization request under consideration by the United States. The International Agreement requires the United States to provide copies of, and its preliminary views on, authorization requests to other parties to the Agreement for their comment.  The United States must provide a 90-day comment period to other parties following transmission of the authorization request for comment. International Agreement, Art. 5.

Are the NOAA Guidelines for Research, Exploration and Salvage of RMS Titanic based on any professional standards?

The NOAA’s Guidelines for Research, Exploration and Salvage of RMS Titanic are based on widely accepted international and domestic professional archaeological standards, including the International Council of Monuments and Sites offsite link (ICOMOS) International Charter on the Protection and Management of Underwater Cultural Heritage offsite link, the rules annexed to the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection of the Underwater Cultural Heritage offsite link, the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation, and the National Park Service’s Abandoned Shipwreck Act Guidelines.

Do applicants need any other authorization(s)? What about salvage rights?

Any request for a Section 113 authorization should include documentation of any other necessary authority or permission, if applicable.

The United States District Court for the Eastern District of Virginia (the Court) has constructive in rem jurisdiction over RMS Titanic and has granted exclusive salvage rights to RMS Titanic, Inc. See, RMS Titanic, Inc. v. Wrecked & Abandoned Vessel, 2020 WL 2835826 (E.D. Va. 2020) offsite link. NOAA intends to notify the Court of any project that may require a Section 113 authorization and will encourage any person requesting a Section 113 authorization to coordinate directly with the Court and any salvor-in-possession of RMS Titanic. Any person proposing a project involving the salvage of the Titanic wreck or wreck site, as determined by the Court, must also obtain approval from the Court in addition to any authorization required by Section 113. NOAA also intends to provide the Court with a copy of any authorization the NOAA Administrator issues pursuant to Section 113.

To whom should Section 113 authorization requests be addressed?
 
NOAA Administrator
1305 East-West Highway,
SSMC IV, Suite 6111,
Silver Spring, MD 20910
Attention—Section 113 Authorization

Authorization requests or questions may also be sent via email to Titanic.Authorizations@noaa.gov.

To whom should additional questions about the Section 113 process be addressed?

Mitchell Tartt, Chief, Science & Heritage Division
Office of National Marine Sanctuaries
National Oceanic & Atmospheric Administration

1305 East-West Highway, N/NMS
(240) 533-0689 / Mitchell.Tartt@noaa.gov

 (Updated November 1, 2023)