Title 43 — Public Lands
Chapter 39 — Abandoned Shipwrecks
§ 2105. Rights of ownership
Statutory text
United States title
The United States asserts title to any abandoned shipwreck that is—
embedded in submerged lands of a State;
embedded in coralline formations protected by a State on submerged lands of a State; or
on submerged lands of a State and is included in or determined eligible for inclusion in the National Register.
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).
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.
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.
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—
section 1311, 1313, or 1314 of this title; or
section 414 or 415 of title 33.
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 § 6 · 102 Stat. 432
Enacted · 43 U.S.C. § 2105
(Pub. L. 100–298, § 6, Apr. 28, 1988, 102 Stat. 433.)
Source evidence
Code source credit
(Pub. L. 100–298, § 6, Apr. 28, 1988, 102 Stat. 433.)Enacted provision · exact public law section
SEC. 6. 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) 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 3, 5, or 6 of the Submerged Lands Act (43 U.S.C. 1311, 1313, and 1314); or (2) section 19 or 20 of the Act of March 3, 1899 (33 U.S.C. 414 and 415).
1 of 1 references resolved to an enrolled provision