The way I see it, at least some of the loot can be returned to the public domain, so that future generations can judge for themselves. I would rather it that way, than to end up in private hands, disappearing forever.
There can be a deeply irrational view of what 'public domain' actually achieves, as far as this stuff goes.
significant historical artifacts, yes. Most salvage law has matured to the point where states have priority rights to claim historical artifacts. The hang-up is that law then becomes a perverted pretext for asserting rights over everything- every coin, every bar of metal- not because its credibly historically relevant, but just good old fashioned human greed.
I think a very fair standard to apply is: if this artifact were given to the Field Museum in Chicago today, right now, would be it put on display or put in the basement? (for a bit of perspective, the stuff in the basement at the Field Museum would be the first-string collection anywhere else)
No?
OK, how about a state museum? Would the artifact be given floor/display space in a state museum, or would it wind up in the basement?
Chatter has it that if the Florida state treasure archive were ever audited, there would probably be subpoenas, investigations and prosecutions due to all the missing coins, but that's an aside...
No? State museum really doesn't need any more coins for flatware? How about a University collection? It the artifact somehow relevant to research, or in need to be preserved for posterity due to it providing unique insight into the past?
No?
Well, what now?
This is the point where idealogues squeal abstractions about "history" and "...making it available for everyone!!" but the thing is, with a lot of this stuff, the answer is, it just isn't as historically relevant as you think. While to the layperson it may appear impressive and god knows archaeologists justify their jobs by insisting that every discarded hairpin is akin to uncovering King Tuts tomb, another coin, another bar of silver, another rusting anchor or bottle or pewter fork isn't always archivally meaningful, but it can be of interest to private persons who collect stuff. Allowing that economic engine to exist is precisely what has driven the recovery of so much very credible history that DOES wind up in museums, for everyone. It's not academics, not government bureaus. Enterprising men.
As usual, academia is big on theories, big on 'ideas' and there is no problem for which they can't present an elaborate theory on a blackboard that solves everything but in practice, they're utterly worthless when it comes to actually pulling history from the muck.
Economically disincentiveize historic salvage, then we all lose since the clock is ticking on a lot this stuff and governments just aren't in the business of doing this work. Year by year, decade by decade, century by century, it's eroding away. What we have left may not be there 50 years from now and unfortunately, the theories of college professors won't do anything to raise it from the bottom.