§2102. Definitions — Inbound Citations
43 U.S.C. § 2102
Cited by 40 provisions in release 119-102.
Citations to §2102(a)
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(1) embedded in submerged lands of a State;
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(2) embedded in coralline formations protected by a State on submerged lands of a State; or
Citations to §2102(b)
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(3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register.
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(b) 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).
Citations to §2102(c)
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(d) 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.
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(e) This 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—(2) section 414 or 415 of title 33.
Citations to §2102(d)
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(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.
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(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
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(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,
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(B) guarantee recreational exploration of shipwreck sites; and
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(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.
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(b) 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.
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(a) In 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.
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(4) recognize the interests of individuals and groups engaged in shipwreck discovery and salvage.
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(a) The 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.
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(b) 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).
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(c) 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.
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(d) 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.
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(a) The law of salvage and the law of finds shall not apply to abandoned shipwrecks to which section 2105 of this title applies.
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(b) This chapter shall not change the laws of the United States relating to shipwrecks, other than those to which this chapter applies.
Citations to §2102(e)
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(a) States have the responsibility for management of a broad range of living and nonliving resources in State waters and submerged lands; and
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(a) In 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.
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(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
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(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,
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(b) 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.
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(b) 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).
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(c) 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.
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(1) embedded in submerged lands of a State;
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(2) embedded in coralline formations protected by a State on submerged lands of a State; or
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(3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register.
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(b) 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).
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(c) 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.
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(e) This 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—(2) section 414 or 415 of title 33.
Citations to §2102(f)
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(a) States have the responsibility for management of a broad range of living and nonliving resources in State waters and submerged lands; and
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(1) embedded in submerged lands of a State;
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(2) embedded in coralline formations protected by a State on submerged lands of a State; or
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(3) on submerged lands of a State and is included in or determined eligible for inclusion in the National Register.
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(c) 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.