43 U.S.C. § 2105

Rights of ownership

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(a) United States titleThe 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).

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

Notes of Decisions

Cited in 34 cases (2 in the last 5 years), 1988–2026 · 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 8× “§ 2106 (a), and the question of title is settled by 43 U.S.C. § 2105 (a) and (c). If a State alleges that it has a “colorable claim” to a shipwreck under state law, the State must demonstrate whether, and to what extent, its law regarding shipwrecks co-exists with, or is…”

Allen v. Cooper, 140 S. Ct. 994 (2020). “433 , 43 U.S.C. § 2105 (c) ; N.C. Gen. Stat. Ann.”

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). · cites it 3× “43 U.S.C. § 2105 . A shipwreck meets the requirements of the ASA if it is (1) abandoned; (2) located on the state’s submerged lands; and (3) either embedded in the sea floor or eligible for listing in the National Register of Historic Places.”

Fathom Expl., LLC v. the Unidentified Shipwrecked Vessel or Vessels, 352 F. Supp. 2d 1218 (S.D. Ala. 2005). · cites it 2× “43 U.S.C. § 2105 (a). By operation of the ASA, the United States transfers its title to all such abandoned shipwrecks “to the State in or on whose submerged lands the shipwreck is located.”

People Ex Rel. Illinois Historic Pres. Agency v. Zych, 710 N.E.2d 820 (Ill. 1999). · cites it 2× “See 43 U.S.C. § 2105 (c) (1994). At the ensuing bench trial, the State attempted to prove that (1) Aetna had never obtained title to the shipwreck in the first instance, because it had refused to accept “abandonment,” or ownership of, the wreck; and (2) even if Aetna had taken…”

Sunken Treasure, Inc. v. Unidentified, Wrecked, & Abandoned Vessel, 857 F. Supp. 1129 (D.V.I. 1994). · cites it 5× “Both intervenors seek to be declared owners of the defendant vessel pursuant to the Abandoned Shipwreck Act of 1987, 43 U.S.C. § 2105 et seq. (hereinafter the "ASA"), and seek an order restraining STI from conducting salvage operations in Salt River.”

Ne. Rsch., LLC v. One Shipwrecked Vessel, 790 F. Supp. 2d 56 (W.D.N.Y. 2011). · cites it 5× “43 U.S.C. § 2105 (a). Title is then automatically transferred to the State in which the abandoned ship is located.”

Ne. Rsch., LLC v. One Shipwrecked Vessel, 729 F.3d 197 (2d Cir. 2013). “43 U.S.C. § 2105 (a). If a shipwreck qualifies as property of the United States under § 2105(a), the ASA automatically transfers title to the state “in or on whose submerged lands the shipwreck is located.”

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). · cites it 2× “43 U.S.C. § 2105 (a). 13 . 43 U.S.C. § 2105 (d).”

Trueman v. the Historic Steamtug New York, 120 F. Supp. 2d 228 (N.D.N.Y. 2000). · cites it 3× “43 U.S.C. § 2105 (a). Title is then automatically transferred to the State in which the abandoned ship is located.”

Great Lakes Expl. Grp., LLC v. Unidentified Wrecked & (For Salvage-Right Purposes) Abandoned Sailing Vessel, 522 F.3d 682 (6th Cir. 2008). “43 U.S.C. § 2105 (a)(1) & (c). The ASA is significant because the 1987 statute overrides the old maritime laws of salvage and find and provides a method for states to assert claims of title to abandoned shipwrecks.”

Int'l Aircraft Recovery, L.L.C. v. Unidentified, Wrecked & Abandoned Aircraft, 218 F.3d 1255 (11th Cir. 2000). “” 43 U.S.C. § 2105 (2000). Neither party has argued that the Act applies in this case, perhaps because the in rem defendant is not a shipwreck and is not "embedded in the submerged lands of a State.”

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— 43 U.S.C. § 2105(a) — 1 case

People Ex Rel. Illinois Historic Pres. Agency v. Zych, 710 N.E.2d 820 (Ill. 1999). “See 43 U.S.C. § 2105 (c) (1994). At the ensuing bench trial, the State attempted to prove that (1) Aetna had never obtained title to the shipwreck in the first instance, because it had refused to accept “abandonment,” or ownership of, the wreck; and (2) even if Aetna had taken…”

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