43 U.S.C. § 2102

Definitions

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For purposes of this chapter—(a) the term “embedded” means firmly affixed in the submerged lands or in coralline formations such that the use of tools of excavation is required in order to move the bottom sediments to gain access to the shipwreck, its cargo, and any part thereof;(b) the term “National Register” means the National Register of Historic Places maintained by the Secretary of the Interior under section 101 of the National Historic Preservation Act (16 U.S.C. 470a); 11 See References in Text note below.(c) the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 22 So in original. Probably should be “Resources”. Protection Act of 1979 (16 U.S.C. 470aa–470ll);(d) the term “shipwreck” means a vessel or wreck, its cargo, and other contents;(e) the term “State” means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands; and(f) the term “submerged lands” means the lands—(1) that are “lands beneath navigable waters,” as defined in section 1301 of this title;(2) of Puerto Rico, as described in section 749 of title 48;(3) of Guam, the Virgin Islands and American Samoa, as described in section 1705 of title 48; and(4) of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94–241.¹(Pub. L. 100–298, § 3, Apr. 28, 1988, 102 Stat. 432.)Editorial NotesReferences in Text

Section 101 of the National Historic Preservation Act (16 U.S.C. 470a), referred to in subsec. (b), is section 101 of Pub. L. 89–665, which was repealed and restated as chapters 3021 to 3027 and sections 302902(a), 302903(a), 302904 to 302909, 303902, 303903, and 306101(b) and (c) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272.

The Archaeological Resource Protection Act of 1979, referred to in subsec. (c), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 470aa of Title 16 and Tables.

Section 801 of Public Law 94–241, referred to in subsec. (f)(4), probably means section 801 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as contained in section 1 of Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, which is set out as a note under section 1801 of Title 48, Territories and Insular Possessions.

Notes of Decisions

Cited in 11 cases, 1990–2015 · leading case: Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995).

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Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995). · cites it 2× “] 43 U.S.C. § 2102 (a). According to the regulations promulgated under the ASA: Tools of excavation would include, but would not be limited to, hydraulic, pneumatic, or mechanical dredges; explosives; propeller wash deflectors; air lifts; blowtorches; induction equipment; and…”

Fathom Expl., LLC v. the Unidentified Shipwrecked Vessel or Vessels, 352 F. Supp. 2d 1218 (S.D. Ala. 2005). “" 43 U.S.C. § 2102 (a). The Complaint divulges no information from which the State could derive even a preliminary assessment as to the "embedded” status of the Shipwreck.”

Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F. Supp. 953 (M.D. Fla. 1993). “The Abandoned Shipwreck Act of 1987, (codified at 43 U.S.C. §§ 2102 (a), 2105(a)(1)), does not apply.”

Zych v. Unidentified, Wrecked & Abandoned Vessel, Believed to Be the SB \Lady Elgin\"", 746 F. Supp. 1334 (N.D. Ill. 1990). “It requires too broad a reading of the uniformity doctrine. A review of the cases described above reveals that by “uniformity,” courts refer to the need for a consistent national law on maritime matters.”

Fairport Int'l Expl., Inc. v. the Shipwrecked Vessel, 913 F. Supp. 552 (W.D. Mich. 1995). “” 43 U.S.C. § 2102 (a). The cultural materials observed were in large part embedded within the bottom sediments.”

Sunken Treasure, Inc. v. Unidentified, Wrecked, & Abandoned Vessel, 857 F. Supp. 1129 (D.V.I. 1994). “" 43 U.S.C. § 2102 (d). 3 For purposes of the ASA, "embedded" is defined as .”

Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs, 101 F. Supp. 3d 1345 (M.D. Ga. 2015). “” 43 U.S.C. § 2102 (a). This definition is in line with other cases that analyzed embeddedness under the law of finds.”

Paul L. Ehorn v. Sunken Vessel Known as the \Rosinco, 294 F.3d 856 (Wash. Ct. App. 2002). “States own two categories of vessels: those that have become “embedded” (a defined term, see 43 U.S.C. § 2102 (a)) and those “included in or determined eligible for inclusion in the National Register” of Historic Places.”

Ehorn, Paul L. v. Abandoned Shipwreck (7th Cir. 2002). “States own two catego- ries of vessels: those that have become “embedded” (a de- fined term, see 43 U.S.C. §2102 (a)) and those “included in or determined eligible for inclusion in the National Reg- ister” of Historic Places.”

Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs, 94 F. Supp. 3d 1345 (M.D. Ga. 2015). “” 43 U.S.C. § 2102 (a). This definition is in line with other cases that analyzed embeddedness under the law of finds.”

Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs, 103 F. Supp. 3d 1369 (M.D. Ga. 2015). “” 43 U.S.C. § 2102 (a). This definition is in line with other cases that analyzed embeddedness under the law of finds.”

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