43 U.S.C. § 2102

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2102 - Definitions

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 101 of the National Historic Preservation Act ( 16 U.S.C. 470a ); ¹

(c) the terms "public lands", "Indian lands", and "Indian tribe" have the same meaning given the terms in the Archaeological Resource ² 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 94-241.¹

¹ See References in Text note below.

² So in original. Probably should be "Resources".

43 U.S.C. § 2102

Pub. L. 100-298, §3, Apr. 28, 1988, 102 Stat. 432.

EDITORIAL NOTES

REFERENCES IN TEXTSection 101 of the National Historic Preservation Act ( 16 U.S.C. 470a ), referred to in subsec. (b), is section 101 of Pub. L. 89-665 which was repealed and restated as chapters 3021 to 3027 and sections 302902(a), 302903(a), 302904 to 302909, 303902, 303903, and 306101(b) and (c) of Title 54, National Park Service and Related Programs, by Pub. L. 113-287, §§3, Dec. 19, 2014, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.The Archaeological Resource Protection Act of 1979, referred to in subsec. (c), is Pub. L. 96-95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§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.