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

43 U.S.C. § 2103

Rights of access

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 43 CasesGoogle Scholar
(a) Access rightsIn order to—(1) clarify that State waters and shipwrecks offer recreational and educational opportunities to sport divers and other interested groups, as well as irreplaceable State resources for tourism, biological sanctuaries, and historical research; and(2) provide that reasonable access by the public to such abandoned shipwrecks be permitted by the State holding title to such shipwrecks pursuant to section 2105 of this title,it is the declared policy of the Congress that States carry out their responsibilities under this chapter to develop appropriate and consistent policies so as to—(A) protect natural resources and habitat areas;(B) guarantee recreational exploration of shipwreck sites; and(C) allow for appropriate public and private sector recovery of shipwrecks consistent with the protection of historical values and environmental integrity of the shipwrecks and the sites.(b) Parks and protected areas

In managing the resources subject to the provisions of this chapter, States are encouraged to create underwater parks or areas to provide additional protection for such resources. Funds available to States from grants from the Historic Preservation Fund shall be available, in accordance with the provisions of chapter 3029 of title 54, for the study, interpretation, protection, and preservation of historic shipwrecks and properties.

(Pub. L. 100–298, § 4, Apr. 28, 1988, 102 Stat. 433.)Editorial NotesCodification

In subsec. (b), “chapter 3029 of title 54” substituted for “title I of the National Historic Preservation Act” on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act enacted Title 54, National Park Service and Related Programs.

Notes of Decisions
Cited in 3 cases, 1994–2013 · leading case: Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995).
Sort: Relevance Newest Treatment
Deep Sea Rsch., Inc. v. Brother Jonathan, 883 F. Supp. 1343 (N.D. Cal. 1995). · cites it 2× “See 43 U.S.C. §§ 2103 and 2106(b). If both the ASA and state law are inapplicable, the federal court is not divested *1350 of jurisdiction, and it may properly turn its attention to the merits of the plaintiffs claim in accordance with the laws of admiralty.”
Ne. Rsch., LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2d Cir. 2013). “” 43 U.S.C. § 2103 (a). The Act reflects Congress’s judgment, however, that states are the best guardians of abandoned wrecks of historical significance found in their waters (and of other abandoned shipwrecks embedded in state lands), and that a policy of settling ownership of…”
Sunken Treasure, Inc. v. Unidentified, Wrecked, & Abandoned Vessel, 857 F. Supp. 1129 (D.V.I. 1994). “Furthermore, in order to facilitate "the protection of historical values and environmental integrity" relating to the defendant vessel and others like it, 43 U.S.C. § 2103 (a)(2)(C), the GVI would be well advised to carry out its congressionally-declared responsibility to manage…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.