§ 2103. — Rights of access.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2103]
TITLE 43--PUBLIC LANDS
CHAPTER 39--ABANDONED SHIPWRECKS
Sec. 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
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 title I of the National Historic
Preservation Act, for the study, interpretation, protection, and
preservation of historic shipwrecks and properties.
(Pub. L. 100-298, Sec. 4, Apr. 28, 1988, 102 Stat. 433.)
References in Text
The National Historic Preservation Act, referred to in subsec. (b),
is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended. Title I of
the Act is classified generally to sections 470a, 470b, and 470c to
470h-3 of Title 16, Conservation. For complete classification of this
Act to the Code, see section 470(a) of Title 16 and Tables.
