U.S. Code » Title 43 » Chapter CHAPTER 39— ABANDONED SHIPWRECKS

43 U.S.C. § 2101

Findings

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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.)Statutory Notes and Related SubsidiariesShort Title

Pub. L. 100–298, § 1, Apr. 28, 1988, 102 Stat. 432, provided that: “This Act [enacting this chapter] may be cited as the ‘Abandoned Shipwreck Act of 1987’.”

Notes of Decisions
Cited in 23 cases (2 in the last 5 years), 1990–2021 · leading case: Ne. Rsch., LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2d Cir. 2013).
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Ne. Rsch., LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2d Cir. 2013). · cites it 3× “Claimanb-Appellee the State of New York (“New York”) intervened, asserting title to the wreck under state law and the Abandoned Shipwreck Act (“ASA,” or the “Act”), 43 U.S.C. § 2101 et seq., which vests title to certain abandoned shipwrecks in the state on whose land they rest.”
Fathom Expl., LLC v. the Unidentified Shipwrecked Vessel or Vessels, 352 F. Supp. 2d 1218 (S.D. Ala. 2005). · cites it 2× “Meanwhile, the State asserted in its verified statement that if the Shipwreck lies in Alabama state waters, then it is a cultural resource to which the State has title, pursuant to the Abandoned Shipwreck Act, 43 U.S.C. §§ 2101 et seq., and the Alabama Underwater Cultural…”
People Ex Rel. Illinois Historic Pres. Agency v. Zych, 710 N.E.2d 820 (Ill. 1999). · cites it 2× “Illinois Historic Preservation Agency and Department of Transportation (State), brought this declaratory judgment action seeking a determination that it owned the remains of the shipwrecked Lady Elgin under the Abandoned Shipwreck Act of 1987 (Act) ( 43 U.S.C. § 2101 et seq.…”
Ne. Rsch., LLC v. One Shipwrecked Vessel, 790 F. Supp. 2d 56 (W.D.N.Y. 2011). · cites it 6× “1 The State of New York intervened and filed an answer asserting title to the vessel under the Abandoned Shipwreck Act of 1987, 43 U.S.C. §§ 2101 et seq. (“ASA”), the Submerged Lands Act (“SLA”), 43 U.”
Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995). · cites it 2× “The State asserts that it has title to the Brother Jonathan under the Abandoned Shipwreck Act of 1987 (“ASA” or “Act”), 43 U.S.C. § 2101 , et seq., which gives states title to all abandoned shipwrecks which are embedded in their submerged lands, and all abandoned shipwrecks…”
Zych v. Unidentified, Wrecked & Abandoned Vessel, Believed to Be the SB \Lady Elgin\"", 746 F. Supp. 1334 (N.D. Ill. 1990). · cites it 2× “Plaintiff’s arguments included a challenge to the constitutionality of the Abandoned Shipwreck Act of 1987, 43 U.S.C. §§ 2101 et seq. Accordingly, the United States intervened and submitted briefs defending the Act’s constitutionality.”
Fairport Int'l Expl., Inc. v. The Shipwrecked Vessel Known as the Captain Lawrence, in Rem, the State of Michigan, Intervenor-Appellee, 105 F.3d 1078 (6th Cir. 1997). “” 43 U.S.C. § 2101 (a) & (b). To implement these congressional findings, the statute provides that the “United States asserts title to any abandoned shipwreck that is .”
Sunken Treasure, Inc. v. Unidentified, Wrecked, & Abandoned Vessel, 857 F. Supp. 1129 (D.V.I. 1994). · cites it 3× “Croix, and thus within the territorial waters of the United States Virgin Islands pursuant to 43 U.S.C. § 2101 (e) and (f). The submerged lands upon which the vessel presumably rests belong to the Government of the Virgin Islands as provided by federal statute.”
Fairport Int'l Expl., Inc. v. the Shipwrecked Vessel, 913 F. Supp. 552 (W.D. Mich. 1995). · cites it 2× “The State contends that the Court lacks subject matter jurisdiction to proceed with this matter because the State has a “colorable claim” of ownership to the Captain Lawrence by virtue of the Abandoned Shipwreck Act of 1987 (“ASA”), 43 U.S.C. § 2101 et seq., and that accordingly…”
Fathom Expl., LLC v. Unidentified Shipwrecked Vessel or Vessels, 857 F. Supp. 2d 1269 (S.D. Ala. 2012). · cites it 2× “1 Several entities filed verified statements of right or interest in the subject wreck sites, including the United States (which claims title and ownership to those vessels insofar as any of them are Civil War-era warships), the State of Alabama (which claims title to those…”
Yukon Recovery, l.l.c.,plaintiff-appellant v. Certain Abandoned Prop., in Rem, Ocean Mar, Inc., Claimant-Appellee, 205 F.3d 1189 (9th Cir. 2000). “43 U.S.C. § 2101 , etseq. 12 . 43 U.S.C. § 2105 (a).”
Trueman v. the Historic Steamtug New York, 120 F. Supp. 2d 228 (N.D.N.Y. 2000). “” 43 U.S.C. § 2101 (b). Moreover, the policy underlying the ASA recognizes that divers, archeologists, and salvors place conflicting demands on abandoned shipwrecks that is best avoided by vesting title and management authority on such wrecks with the States.”
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