RELEVANT DOCUMENTS
FROM ADMIRALTY COURT
ABOUT THE MAPLE LEAF

By James F. Moseley

STIPULATION FOR
COMPROMISE SETTLEMENT

    IT IS HEREBY STIPULATED by and between defendant UNITED STATES OF AMERICA and plaintiff ST. JOHNS ARCHAEOLOGICAL EXPEDITIONS, INC., by and through their respective counsel, as follows:

    WHEREAS, plaintiff desires to undertake salvage operations on and under navigable waters of the United States, within the St. Johns River off Mandarin Point, Duval County, Florida, within a 600-foot radius of a point at coordinates 30 degrees, 9.50 minutes North Latitude and 81 degrees, 41.02 minutes West Longitude, said location believed to be the site of the sunken sidewheel steamer MAPLE LEAF, which is believed to have been sunk during an act of war on or about April 1, 1864; and

    WHEREAS, plaintiff has brought this action in admiralty, claiming that the United States has abandoned any and all interest in the said vessel, asserting its own right, title and interest therein, an seeking injunctive and declaratory relief against the United States; and

    WHEREAS, the United States has appeared in the action and asserted its continuing title to the wreck of the MAPLE LEAF and denying the existence of any interest on the part of the plaintiff; and

    WHEREAS, the parties desire to avoid further litigation, to protect their respective interests for the cultural and historical value of the wreck and its contents, in the interest of both plaintiff and the people of the United States;

    IT IS HEREBY STIPULATED as follows:

    1. That the United States, without prejudice to its claim of title, hereby grants to plaintiff exclusive rights to dive on, explore, and retrieve artifacts from the wreck of the MAPLE LEAF, in exchange for the consideration herein.

    2. That said rights shall continue as long as the plaintiff continues to diligently work said salvage site and to abide by the remaining provisions of this stipulation. Diligently, with respect to this stipulation, means: A fair, proper and reasonable degree of salvage activity, measured with reference to the particular circumstances surrounding the salvaging of a submerged shipwreck to include but not be limited to weather, water conditions, time of day, day of week, subject to paragraph 13 herein.

    3. That plaintiff, in the exercise of his salvage activities, shall comply with all Federal, State and local laws, Executive orders, rules and regulations applicable to the area of operations involved herein.

    4. That the plaintiff shall be responsible for the care, preservation and security of all property found and recovered pursuant to this stipulation, prior to the distribution thereof, as described herein, and shall use reasonable care and caution to prevent loss or damage to said property. It is agreed and understood that plaintiff may make reasonable arrangements with outside entities and agencies, including the State of Florida, Department of State, for such services.

    5. That plaintiff shall not transfer or assign its salvage rights to any other person or entity without the approval of the Court. Plaintiff may enter into contract agreements for certain services in connection with the salvage operation, as long as plaintiff remains in overall control and remains responsible for compliance with the provisions herein. Plaintiff shall secure written agreements from all contractors and subcontractors insuring compliance with the provisions, copies of which agreements shall be furnished to the United States prior to the contractor's or subcontractor's beginning work.

    6. That the plaintiff shall extend all reasonable cooperation to the United States and its representatives, including but not limited to allowing the placement of a representative on a salvage vessel, and permitting reasonable access and inspection of all salvaged objects, data, logs, records and materials relating to the salvage operations. Insuring compliance with the covenants and conditions of this stipulation shall not be interpreted as interference with the salvage operation.

    7. That the United States, as sovereign, retains all rights and responsibilities to enforce all Federal laws and regulations pertaining to the protection of the navigable waters of the United States and the safety of the boating public, and reserves the right to temporarily suspend salvage operations if, in its judgment, said operations are being conducted contrary to law or regulation or interfere with its ability to enforce said laws or regulations.

    8. That the plaintiff shall cause to be conveyed at least annually at Jacksonville or Tallahassee, Florida, to the United States a cross-sectional representation of all salvaged artifacts recovered from the salvage site. It is the understanding of all parties that a cross-sectional representation shall comprise 20 percent of the artifacts salvaged, which shall become the property of the United States. The remaining 80 percent of all artifacts shall be the property of plaintiff.

    9. That the parties shall cooperate to the maximum extent possible to avoid controversies concerning the conduct of the salvage operation and the distribution of artifacts. It is recognized, however, that the precise contents of the wreck are not presently known and distribution rights will have to be determined by mutual consultation and consent once the artifacts are retrieved and identified. If the parties are unable to agree on the distribution, any party may apply to the Court, who may refer this matter to non-binding arbitration to determine said distribution in accordance with the stipulation.

    10. That to determine the cross-sectional representation of the artifacts salvaged, all artifacts shall be inventoried and listed by type and/or category. The artifacts to be conveyed to the United States shall comprise 20 percent of each type or category. In any event, the United States shall be entitled to receive at least one item of each type or category. Because the interest of the United States may extend to certain types of artifacts and not others, the United States may assert an interest in unique artifacts in which it has a special interest. Said unique artifacts shall be substituted for artifacts representing equal value from the already selected share. Nothing in this stipulation shall require the United States to keep its full share of salvaged items if it does not desire them, nor to prevent the United States from acquiring additional items by mutual agreement.

    11. That the United States shall appoint, within 30 days of the date of this stipulation, a representative to speak for it and to receive notices in regard to all matters related to the salvage. Said representative shall be timely informed of all significant developments in the progress of the salvage, including but not limited to: projected dates of salvage activity; salvage activity already conducted; inventories of items recovered; any unusual or unexpected discoveries or developments. In any event, a written report of salvage activity shall be provided to said representatives at least quarterly. Said representatives shall also be notified when the plaintiff has ceased all activity and does not intend to resume same.

    12. That upon the cessation of salvage activities, the United States shall retain its claim of title in the remaining wreck and contents. The cessation of salvage activities shall be deemed to take place (1) upon notification by plaintiff to defendant's representative of said cessation or (2) one year after any active diving at the salvage site, or (3) two years after any active diving at the salvage site, regardless of the plaintiff's intentions (subject to paragraph 13 herein), or (4) upon dissolution of the plaintiff.

    13. The plaintiff reserves the right to temporarily suspend excavation operations should it determine that archaeological features or artifacts discovered or uncovered during recovery operations are of sufficient scientific or historical importance to the public to warrant special handling or protection. Suspension of recovery operations may remain in effect until such time as the plaintiff determines proper techniques and secures the ability to institute said operational procedures. During such suspension, the plaintiff shall continue to make the quarterly reports required in paragraph II. If plaintiff deems it necessary to extend the two-year restriction of paragraph 12 for purposes described in this paragraph, it shall so advise the United States at least 30 days prior to the expiration of the two-year period, with an explanation of the reasons therefore and the estimated time to resolve the problem, and the period shall then be extended. If the United States is dissatisfied with plaintiff's reasons or activities, it may apply to the Court at any time after the two-year period for a determination that plaintiff has ceased salvage activities within the meaning of paragraph 12.

    14. That the plaintiff agrees to indemnify and hold harmless the United States from any liability, claims, and costs of whatever kind arising out of the performance of this salvage operation, and the United States will not be responsible for any condition of the wreck or contents that might contribute to any such loss, it being understood that plaintiff is solely responsible for the conduct of the salvage operation, the determination of the methods, equipment, and personnel to be utilized, and assumes all risks thereof.

    15. That upon the cessation of activities, plaintiff shall ensure that the site is restored so as to ensure that no new hazard to navigation is created. Plaintiff shall at all times during the salvage activity keep the U.S. Coast Guard informed of any changed conditions at the salvage site which might affect navigational safety and shall comply with any Coast Guard directives concerning marking or other pre cautions to be taken.

    16. That all costs and expenses of salvage, retrieval, preservation and transportation of salvaged materials shall be assumed by the plaintiff prior to such time as a distribution occurs, at which time the receiving party shall assume all subsequent costs and expenses relating to the items received. The United States shall assume all costs of attendance of its personnel at the salvage site or at another location for the purpose of carrying out the provisions of this stipulation.

    17. That it is understood by both parties that plaintiff may enter into an agreement with the State of Florida, Department of State, Division of Archives, History and Records Management, by which the Division will provide technical assistance in the salvage, retrieval, preservation and transportation of salvaged material, in exchange for distribution to the State of 10 percent of the salvaged items. The United States agrees to the provision of such assistance and expertise provided it will be of no cost to the United States and that if such agreement is reached, its share as set forth in paragraph 8 shall be reduced to 10 percent. The plaintiff shall furnish the United States with a copy of any such agreement with the State of Florida.

    18. It is understood and agreed that plaintiff shall have the right to reprint, publish, televise, or otherwise use in any media, photographs, reproductions, copies of or descriptive works of any artifacts whatsoever found in or removed from the wreck, and exploit all intangible rights of the plaintiff's efforts, without further compensation to the United States; except that plaintiff shall provide the United States, without cost, one copy of each of such photographs or representations so used.

    19. That the Court shall retain jurisdiction over this matter to enforce the provisions of this stipulation, but that the case may be re moved from the active docket, pending application by either party for a ruling under these provisions. It is contemplated by both parties, however, that the provisions of this stipulation will be carried out in an atmosphere of mutual cooperation and goodwill, and that resort to the Court will be undertaken only in the most extreme and unusual circumstances.

Executed, this 15th day of September, 1986.
    ATTORNEY FOR PLAINTIFF

    TAYLOR, MOSELEY & JOYNER

    By /signed/ Robert B. Parrish
    James F. Moseley, Esquire
    Robert B. Parrish, Esquire
    501 West Bay Street
    Jacksonville, Florida 32202
    (904) 356-1306

    ATTORNEYS FOR DEFENDANT

    RICHARD K. WILLARD
    Assistant Attorney General

    ROBERT W. MERKLE
    United States Attorney

    By /signed/ John E. Lawlor, III
    JOHN E. LAWLOR, III
    Asst. United States Attorney
    Jacksonville, Florida

    By /signed/ Damon C. Miller
    DAMON C. MILLER, Trial Attorney
    Torts Branch, Civil Division,
    U.S. Department of Justice
    Post Office Box 14271
    Washington, D.C. 20044-4271
    (202) 272-6854


        SO ORDERED:

        /signed/ John H. Moore II
        U.S. DISTRICT JUDGE

        September 16, 1986.

CW 3/01/05