Skip to main content

HB104 Alabama 2011 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Randy Davis
Randy Davis
Republican
Session
Regular Session 2011
Title
Underwater Cultural Resources Act, definition of cultural resources amended to specify articles associated with shipwrecks, artifacts defined, recovery of abandoned artifacts not cultural resources in certain locations authorized, Secs. 41-9-291, 41-9-292 am'd. (2011-20030)
Summary

HB104 narrows the Underwater Cultural Resources Act to focus on shipwreck-related items, defines artifacts, and allows recovery of abandoned non-cultural artifacts from submerged lands under navigable rivers.

What This Bill Does

The bill changes the definition of cultural resources to emphasize shipwreck-related items and removes references to articles that may be listed on the Alabama Register of Landmarks and Heritage. It adds a separate definition for artifacts as any man-made object. It makes it lawful to recover abandoned artifacts that are not cultural resources from submerged lands under navigable rivers in Alabama. It preserves regulatory oversight by requiring contracts or permits for cultural resource work through the Alabama Historical Commission, with prior written approval from the Commissioner of Conservation and Natural Resources. It repeals conflicting laws and sets an effective date for the act.

Who It Affects
  • Divers, archaeologists, salvage contractors, and private collectors who work underwater, who may now pursue artifacts and operate under revised definitions and potential new allowances.
  • The Alabama Historical Commission (custodian of state cultural resources) and the Commissioner of Conservation and Natural Resources (approval authority for contracts/permits).
  • Owners or users of submerged lands under navigable rivers in Alabama, who may be affected by recovery activities.
  • People who hold or value artifacts listed on the Alabama Register of Landmarks and Heritage, whose status as cultural resources may change under the new definition.
Key Provisions
  • Defines ARTIFACTS as any man-made object.
  • Amends the definition of CULTURAL RESOURCES to specify items associated with shipwrecks and removes references to items that may be listed on the Alabama Register of Landmarks and Heritage.
  • Provides that it is lawful to recover abandoned artifacts that are not cultural resources from submerged lands under navigable rivers in Alabama.
  • Maintains state oversight: contracts or permits for cultural resource work must be issued by the Alabama Historical Commission and require prior written approval from the Commissioner of Conservation and Natural Resources.
  • Repeals conflicting laws and sets the act to take effect on the first day of the third month after passage and governor approval.
AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Underwater Cultural Resources

Bill Actions

Governmental Affairs first Amendment Offered

Governmental Affairs second Amendment Offered

Pending third reading on day 19 Favorable from Governmental Affairs with 2 amendments

Read for the second time and placed on the calendar 2 amendments

Read for the first time and referred to the Senate committee on Governmental Affairs

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 141

Motion to Adopt adopted Roll Call 140

Agriculture and Forestry Substitute Offered

Third reading on day 5 Favorable from Agriculture and Forestry with 1 substitute

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Agriculture and Forestry

Bill Text

Votes

Motion to Read a Third Time and Pass

March 31, 2011 House Passed
Yes 86
No 3
Abstained 6
Absent 9

Motion to Adopt

March 31, 2011 House Passed
Yes 89
No 1
Abstained 1
Absent 13

Documents

Source: Alabama Legislature