George,

The Navy's defensive stance has nothing to do with war graves. Their position is basically "It belonged to us once, therefore it belongs to us forever." As you note, the Eastport was abandoned and scuttled. Legally, the Navy gave up all rights to the boat when they did that. Go try to dig it up and see what happens. Let me know where you end up, and I'll put a hacksaw blade in the cake I send you.