§ 2105. — Rights of ownership.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2105]
TITLE 43--PUBLIC LANDS
CHAPTER 39--ABANDONED SHIPWRECKS
Sec. 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) of this
section.
(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.
(Pub. L. 100-298, Sec. 6, Apr. 28, 1988, 102 Stat. 433.)
Section Referred to in Other Sections
This section is referred to in sections 2103, 2106 of this title.
