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

43 U.S.C. § 2104

Preparation of guidelines

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(a) Purposes of guidelines; publication in Federal RegisterIn order to encourage the development of underwater parks and the administrative cooperation necessary for the comprehensive management of underwater resources related to historic shipwrecks, the Secretary of the Interior, acting through the Director of the National Park Service, shall within nine months after April 28, 1988, prepare and publish guidelines in the Federal Register which shall seek to:(1) maximize the enhancement of cultural resources;(2) foster a partnership among sport divers, fishermen, archeologists, salvors, and other interests to manage shipwreck resources of the States and the United States;(3) facilitate access and utilization by recreational interests;(4) recognize the interests of individuals and groups engaged in shipwreck discovery and salvage.(b) Consultation

Such guidelines shall be developed after consultation with appropriate public and private sector interests (including the Secretary of Commerce, the Advisory Council on Historic Preservation, sport divers, State Historic Preservation Officers, professional dive operators, salvors, archeologists, historic preservationists, and fishermen).

(c) Use of guidelines in developing legislation and regulations

Such guidelines shall be available to assist States and the appropriate Federal agencies in developing legislation and regulations to carry out their responsibilities under this chapter.

(Pub. L. 100–298, § 5, Apr. 28, 1988, 102 Stat. 433.)
Notes of Decisions
Cited in 2 cases, 1995–2011 · 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). “” 43 U.S.C. § 2104 (c). ■ Section 6313's broad assertion of title to all shipwrecks and cargo remaining in State waters for more than fifty years old goes far beyond the authority granted by the ASA.”
Ne. Rsch., LLC v. One Shipwrecked Vessel, 790 F. Supp. 2d 56 (W.D.N.Y. 2011). “Moreover, on December 4, 1990, the Department of the Interior, acting through the National Parks Service under the authority of § 5 of the Abandoned Shipwreck Act, 43 U.S.C. § 2104 (c) issued “final ‘Abandoned Shipwreck Act Guidelines’ .”
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