Title 43Public LandsRelease 119-73

§2103 Rights of access

Title 43 › Chapter CHAPTER 39— - ABANDONED SHIPWRECKS › § 2103

Last updated Apr 6, 2026|Official source

Summary

Require States that own abandoned shipwrecks under section 2105 to allow reasonable public access for sport divers, education, tourism, biological study, and historical research. That access must protect natural resources and habitat, support recreational exploring, and let public or private groups recover wrecks only when the recovery keeps the sites’ historical and environmental value. States are encouraged to create underwater parks for extra protection. States may use grants from the Historic Preservation Fund under chapter 3029 of title 54 to study, explain, protect, and preserve historic shipwrecks.

Full Legal Text

Title 43, §2103

Public Lands — Source: USLM XML via OLRC

(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,
(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)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.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2103

Title 43Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73