Collapse to view only § 2104. Preparation of guidelines
- § 2101. Findings
- § 2102. Definitions
- § 2103. Rights of access
- § 2104. Preparation of guidelines
- § 2105. Rights of ownership
- § 2106. Relationship to other laws
§ 2101. Findings
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.
(Pub. L. 100–298, § 2, Apr. 28, 1988, 102 Stat. 432.)
§ 2102. DefinitionsFor 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
1 See References in Text note below.
(c) the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 2
2 So in original. Probably should be “Resources”.
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
(Pub. L. 100–298, § 3, Apr. 28, 1988, 102 Stat. 432.)
§ 2103. 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 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
(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)
§ 2104. Preparation of guidelines
(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
(c) Use of guidelines in developing legislation and regulations
(Pub. L. 100–298, § 5, Apr. 28, 1988, 102 Stat. 433.)
§ 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
(c) Transfer of title to States
(d) Exception
(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.
(Pub. L. 100–298, § 6, Apr. 28, 1988, 102 Stat. 433.)
§ 2106. Relationship to other laws
(a) Law of salvage and law of finds
(b) Laws of United States
(c) Effective date
(Pub. L. 100–298, § 7, Apr. 28, 1988, 102 Stat. 434.)