2011 US Code
Title 43 - Public Lands
Chapter 39 - ABANDONED SHIPWRECKS (§§ 2101 - 2106)
Section 2105 - Rights of ownership
View Metadata| Publication Title | United States Code, 2006 Edition, Supplement 5, Title 43 - PUBLIC LANDS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 43 - PUBLIC LANDS CHAPTER 39 - ABANDONED SHIPWRECKS Sec. 2105 - Rights of ownership |
| Contains | section 2105 |
| Date | 2011 |
| Laws in Effect as of Date | January 3, 2012 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 100-298, §6, Apr. 28, 1988, 102 Stat. 433. |
| Statutes at Large Reference | 102 Stat. 433 |
| Public Law Reference | Public Law 100-298 |
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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 PlacesThe 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 StatesThe 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) ExceptionAny 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 rightsThis 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.)
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