43 U.S.C. § 2102: Definitions

Summary

Defines key words used in this chapter. Embedded means stuck in the seabed or coral so you need excavation tools to reach the wreck or its cargo. National Register means the National Register of Historic Places (Secretary of the Interior). Public lands, Indian lands, and Indian tribe use the meanings from the Archaeological Resource Protection Act of 1979. Shipwreck means a vessel or wreck and its cargo and contents. State includes States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands. Submerged lands means lands under navigable waters (sec. 1301) and the offshore lands of Puerto Rico (sec. 749, title 48), Guam, the Virgin Islands and American Samoa (sec. 1705, title 48), and the Northern Mariana Islands (sec. 801, Pub. L. 94–241).

Title 43, §2102

Public Lands, Source: USLM XML via OLRC

For purposes of this chapter—

(a)the term “embedded” means firmly affixed in the submerged lands or in coralline formations such that the use of tools of excavation is required in order to move the bottom sediments to gain access to the shipwreck, its cargo, and any part thereof;

(b)the term “National Register” means the National Register of Historic Places maintained by the Secretary of the Interior under section 101 of the National Historic Preservation Act (16 U.S.C. 470a);

(c)the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource Protection Act of 1979 (16 U.S.C. 470aa–470ll);

(d)the term “shipwreck” means a vessel or wreck, its cargo, and other contents;

(e)the term “State” means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands; and

(f)the term “submerged lands” means the lands—

(1)that are “lands beneath navigable waters,” as defined in section 1301 of this title;

(2)of Puerto Rico, as described in section 749 of title 48;

(3)of Guam, the Virgin Islands and American Samoa, as described in section 1705 of title 48; and

(4)of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94–241.1

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 101 of the National Historic Preservation Act (16 U.S.C. 470a), referred to in subsec. (b), is section 101 of Pub. L. 89–665, which was repealed and restated as chapters 3021 to 3027 and section 302902(a), 302903(a), 302904 to 302909, 303902, 303903, and 306101(b) and (c) of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128 Stat. 3094, 3272. The Archaeological Resource Protection Act of 1979, referred to in subsec. (c), is Pub. L. 96–95, Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

Short Title

note set out under section 470aa of Title 16 and Tables. section 801 of Public Law 94–241, referred to in subsec. (f)(4), probably means section 801 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as contained in section 1 of Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, which is set out as a note under section 1801 of Title 48, Territories and Insular Possessions.

§2102 Definitions