Title 43 — Public Lands
Chapter 39 — Abandoned Shipwrecks
§ 2103. Rights of access
Statutory text
Access rights
In order to—
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
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—
protect natural resources and habitat areas;
guarantee recreational exploration of shipwreck sites; and
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.
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 chapter 3029 of title 54, for the study, interpretation, protection, and preservation of historic shipwrecks and properties.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Abandoned Shipwreck Act of 1987
Pub. L. 100–298 § 4 · 102 Stat. 432
Enacted · 43 U.S.C. § 2103
(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)
Source evidence
Code source credit
(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)Enacted provision · exact public law section
SEC. 4. RIGHTS OF ACCESS. (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 6 of this Act, it is the declared policy of the Congress that States carry out their responsibilities under this Act 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 Act, 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 Grants. 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.
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
In subsec. (b), “chapter 3029 of title 54” substituted for “title I of the National Historic Preservation Act” on authority of Pub. L. 113–287, § 6(e), , 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.