43 U.S.C. § 2105

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

Section 2105 - Rights of ownership

(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).

(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.

43 U.S.C. § 2105

Pub. L. 100-298, §6, Apr. 28, 1988, 102 Stat. 433.

National Register

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

State

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

embedded

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;

shipwreck

the term "shipwreck" means a vessel or wreck, its cargo, and other contents;

submerged lands

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 94-241.11 See References in Text note below.2 So in original. Probably should be "Resources".