---
kind: "section"
citation: "43 U.S.C. § 2103"
title: "43"
title_heading: "Public Lands"
number: "2103"
heading: "Rights of access"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/2103"
units:
  - "Chapter 39 — Abandoned Shipwrecks"
---

# §2103. Rights of access

- (a) **Access rights—** In order to—
  - (1) clarify that [State](/usc/43/2102.md?p=e) waters and [shipwrecks](/usc/43/2102.md?p=d) offer recreational and educational opportunities to sport divers and other interested groups, as well as irreplaceable [State](/usc/43/2102.md?p=e) resources for tourism, biological sanctuaries, and historical research; and
  - (2) provide that reasonable access by the public to such abandoned [shipwrecks](/usc/43/2102.md?p=d) be permitted by the [State](/usc/43/2102.md?p=e) holding title to such [shipwrecks](/usc/43/2102.md?p=d) pursuant to [section 2105 of this title](/usc/43/2105.md),

  it is the declared policy of the Congress that [States](/usc/43/2102.md?p=e) 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](/usc/43/2102.md?p=d) sites; and
  - (C) allow for appropriate public and private sector recovery of [shipwrecks](/usc/43/2102.md?p=d) consistent with the protection of historical values and environmental integrity of the [shipwrecks](/usc/43/2102.md?p=d) and the sites.
- (b) **Parks and protected areas—** In managing the resources subject to the provisions of this chapter, [States](/usc/43/2102.md?p=e) are encouraged to create underwater parks or areas to provide additional protection for such resources. Funds available to [States](/usc/43/2102.md?p=e) from grants from the Historic Preservation Fund shall be available, in accordance with the provisions of [chapter 3029](/usc/54/chstIII/dA/sd2/ch3029.md) of title 54, for the study, interpretation, protection, and preservation of historic [shipwrecks](/usc/43/2102.md?p=d) and properties.

## Source credit

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

## Notes

### Editorial Notes

### Codification

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.