cal acts carrying that intent into effect." In the Zych case as in this case, the state of technology did not permit salvage to occur until recently. In the only reported case in which the federal courts have reached a determination of abandonment under the ASA, the Fairchild International Exploration case, the facts indicated that earlier salvage had been technically possible and there were affirmative indications that the owner was not interested in salvaging the vessel.
If these cases are followed in this case, the conclusion must be that no abandonment has occurred. However, the above cases relied on by the court reflect an application of the law of admiralty which is inconsistent with the intent of Congress in enacting ASA. Miller says that "when the ASA was drafted, it was assumed that the passage of a significant period of time after a ship sank coupled with the lack of any attempt to recover the ship was sufficient to meet the requirements of the law of abandonment." Congress did not insert a specific time limit in ASA, but the intent of Congress is expressed by the House Committee on Interior and Insular Affairs when it said: "the abandonment or relinquishment of ownership rights may be implied or otherwise inferred, as by an owner never asserting any control over or otherwise indicating any claim of possession of the shipwreck." The facts of this case, and in particular the a
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