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43 U.S.C. § 2105 — Rights of ownership

submitted 38 years ago by Pub. L. 100-298 to r/title-43-PUBLIC-LANDS · 263 words · no verdicts yet

in plain englishAI-generated · not legal advice

The United States asserts title to certain abandoned shipwrecks and transfers that title to the State where the shipwreck is located. The section makes exceptions for shipwrecks on United States public lands and Indian lands and reserves specified rights.

(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 is 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, must 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 those 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 for Indian lands) under— (1) section 1311, 1313, or 1314 of this title; or (2) section 414 or 415 of title 33.

the actual law source: uscode.house.gov ↗public domain
(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).

(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.

Source credit: (Pub. L. 100–298, § 6, Apr. 28, 1988, 102 Stat. 433.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-298 · 102 Stat. 433

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-298 on 1988-04-28.

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