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43 USC CHAPTER 39 - ABANDONED SHIPWRECKS 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-

CHAPTER 39 - ABANDONED SHIPWRECKS

-MISC1-

Sec.

2101. Findings.

2102. Definitions.

2103. Rights of access.

(a) Access rights.

(b) Parks and protected areas.

2104. Preparation of guidelines.

(a) Purposes of guidelines; publication in Federal

Register.

(b) Consultation.

(c) Use of guidelines in developing legislation and

regulations.

2105. Rights of ownership.

(a) United States title.

(b) Notice of shipwreck location; eligibility

determination for inclusion in National

Register of Historic Places.

(c) Transfer of title to States.

(d) Exception.

(e) Reservation of rights.

2106. Relationship to other laws.

(a) Law of salvage and law of finds.

(b) Laws of United States.

(c) Effective date.

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43 USC Sec. 2101 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-

Sec. 2101. Findings

-STATUTE-

The Congress finds that -

(a) States have the responsibility for management of a broad

range of living and nonliving resources in State waters and

submerged lands; and

(b) included in the range of resources are certain abandoned

shipwrecks, which have been deserted and to which the owner has

relinquished ownership rights with no retention.

-SOURCE-

(Pub. L. 100-298, Sec. 2, Apr. 28, 1988, 102 Stat. 432.)

-MISC1-

SHORT TITLE

Section 1 of Pub. L. 100-298 provided that: "This Act [enacting

this chapter] may be cited as the 'Abandoned Shipwreck Act of

1987'."

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43 USC Sec. 2102 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

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Sec. 2102. Definitions

-STATUTE-

For purposes of this chapter -

(a) the term "embedded" means firmly affixed in the submerged

lands or in coralline formations such that the use of tools of

excavation is required in order to move the bottom sediments to

gain access to the shipwreck, its cargo, and any part thereof;

(b) the term "National Register" means the National Register of

Historic Places maintained by the Secretary of the Interior under

section 470a of title 16;

(c) the terms "public lands", "Indian lands", and "Indian

tribe" have the same meaning given the terms in the

Archaeological Resource (!1) Protection Act of 1979 (16 U.S.C.

470aa-470ll);

(d) the term "shipwreck" means a vessel or wreck, its cargo,

and other contents;

(e) the term "State" means a State of the United States, the

District of Columbia, Puerto Rico, Guam, the Virgin Islands,

American Samoa, and the Northern Mariana Islands; and

(f) the term "submerged lands" means the lands -

(1) that are "lands beneath navigable waters," as defined in

section 1301 of this title;

(2) of Puerto Rico, as described in section 749 of title 48;

(3) of Guam, the Virgin Islands and American Samoa, as

described in section 1705 of title 48; and

(4) of the Commonwealth of the Northern Mariana Islands, as

described in section 801 of Public Law 94-241.(!2)

-SOURCE-

(Pub. L. 100-298, Sec. 3, Apr. 28, 1988, 102 Stat. 432.)

-REFTEXT-

REFERENCES IN TEXT

The Archaeological Resource Protection Act of 1979, referred to

in subsec. (c), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, as

amended, which is classified generally to chapter 1B (Sec. 470aa et

seq.) of Title 16, Conservation. For complete classification of

this Act to the Code, see Short Title note set out under section

470aa of Title 16 and Tables.

Section 801 of Public Law 94-241, referred to in subsec. (f)(4),

probably means section 801 of the Covenant to Establish a

Commonwealth of the Northern Mariana Islands in Political Union

with the United States of America, as contained in section 1 of

Pub. L. 94-241, Mar. 24, 1976, 90 Stat. 263, which is set out as a

note under section 1801 of Title 48, Territories and Insular

Possessions.

-FOOTNOTE-

(!1) So in original. Probably should be "Resources".

(!2) See References in Text note below.

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43 USC Sec. 2103 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

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Sec. 2103. Rights of access

-STATUTE-

(a) Access rights

In order to -

(1) clarify that State waters and shipwrecks offer recreational

and educational opportunities to sport divers and other

interested groups, as well as irreplaceable State resources for

tourism, biological sanctuaries, and historical research; and

(2) provide that reasonable access by the public to such

abandoned shipwrecks be permitted by the State holding title to

such shipwrecks pursuant to section 2105 of this title,

it is the declared policy of the Congress that States carry out

their responsibilities under this chapter to develop appropriate

and consistent policies so as to -

(A) protect natural resources and habitat areas;

(B) guarantee recreational exploration of shipwreck sites; and

(C) allow for appropriate public and private sector recovery of

shipwrecks consistent with the protection of historical values

and environmental integrity of the shipwrecks and the sites.

(b) Parks and protected areas

In managing the resources subject to the provisions of this

chapter, States are encouraged to create underwater parks or areas

to provide additional protection for such resources. Funds

available to States from grants from the Historic Preservation Fund

shall be available, in accordance with the provisions of title I of

the National Historic Preservation Act, for the study,

interpretation, protection, and preservation of historic shipwrecks

and properties.

-SOURCE-

(Pub. L. 100-298, Sec. 4, Apr. 28, 1988, 102 Stat. 433.)

-REFTEXT-

REFERENCES IN TEXT

The National Historic Preservation Act, referred to in subsec.

(b), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended.

Title I of the Act is classified generally to sections 470a, 470b,

and 470c to 470h-3 of Title 16, Conservation. For complete

classification of this Act to the Code, see section 470(a) of Title

16 and Tables.

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43 USC Sec. 2104 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-

Sec. 2104. Preparation of guidelines

-STATUTE-

(a) Purposes of guidelines; publication in Federal Register

In order to encourage the development of underwater parks and the

administrative cooperation necessary for the comprehensive

management of underwater resources related to historic shipwrecks,

the Secretary of the Interior, acting through the Director of the

National Park Service, shall within nine months after April 28,

1988, prepare and publish guidelines in the Federal Register which

shall seek to:

(1) maximize the enhancement of cultural resources;

(2) foster a partnership among sport divers, fishermen,

archeologists, salvors, and other interests to manage shipwreck

resources of the States and the United States;

(3) facilitate access and utilization by recreational

interests;

(4) recognize the interests of individuals and groups engaged

in shipwreck discovery and salvage.

(b) Consultation

Such guidelines shall be developed after consultation with

appropriate public and private sector interests (including the

Secretary of Commerce, the Advisory Council on Historic

Preservation, sport divers, State Historic Preservation Officers,

professional dive operators, salvors, archeologists, historic

preservationists, and fishermen).

(c) Use of guidelines in developing legislation and regulations

Such guidelines shall be available to assist States and the

appropriate Federal agencies in developing legislation and

regulations to carry out their responsibilities under this chapter.

-SOURCE-

(Pub. L. 100-298, Sec. 5, Apr. 28, 1988, 102 Stat. 433.)

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43 USC Sec. 2105 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-

Sec. 2105. Rights of ownership

-STATUTE-

(a) United States title

The United States asserts title to any abandoned shipwreck that

is -

(1) embedded in submerged lands of a State;

(2) embedded in coralline formations protected by a State on

submerged lands of a State; or

(3) on submerged lands of a State and is included in or

determined eligible for inclusion in the National Register.

(b) Notice of shipwreck location; eligibility determination for

inclusion in National Register of Historic Places

The public shall be given adequate notice of the location of any

shipwreck to which title is asserted under this section. The

Secretary of the Interior, after consultation with the appropriate

State Historic Preservation Officer, shall make a written

determination that an abandoned shipwreck meets the criteria for

eligibility for inclusion in the National Register of Historic

Places under clause (a)(3) of this section.

(c) Transfer of title to States

The title of the United States to any abandoned shipwreck

asserted under subsection (a) of this section is transferred to the

State in or on whose submerged lands the shipwreck is located.

(d) Exception

Any abandoned shipwreck in or on the public lands of the United

States is the property of the United States Government. Any

abandoned shipwreck in or on any Indian lands is the property of

the Indian tribe owning such lands.

(e) Reservation of rights

This section does not affect any right reserved by the United

States or by any State (including any right reserved with respect

to Indian lands) under -

(1) section 1311, 1313, or 1314 of this title; or

(2) section 414 or 415 of title 33.

-SOURCE-

(Pub. L. 100-298, Sec. 6, Apr. 28, 1988, 102 Stat. 433.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2103, 2106 of this title.

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43 USC Sec. 2106 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 39 - ABANDONED SHIPWRECKS

-HEAD-

Sec. 2106. Relationship to other laws

-STATUTE-

(a) Law of salvage and law of finds

The law of salvage and the law of finds shall not apply to

abandoned shipwrecks to which section 2105 of this title applies.

(b) Laws of United States

This chapter shall not change the laws of the United States

relating to shipwrecks, other than those to which this chapter

applies.

(c) Effective date

This chapter shall not affect any legal proceeding brought prior

to April 28, 1988.

-SOURCE-

(Pub. L. 100-298, Sec. 7, Apr. 28, 1988, 102 Stat. 434.)

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