43 U.S.C. § 2103: Rights of access

Summary

Congress requires States to set clear, consistent rules for shipwrecks in their waters. States must protect natural areas and habitats, let people explore wrecks for fun and learning, and allow careful recovery by public or private groups so that the wrecks’ historic value and the environment stay safe. States are encouraged to make underwater parks or protected zones to help preserve wrecks. Money from the Historic Preservation Fund can be used, under its rules, to study, explain, protect, and preserve historic shipwrecks and related sites.

Title 43, §2103

Public Lands, Source: USLM XML via OLRC

(a)Access rights

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.

(b)Parks and protected areas

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.

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.

§2103 Rights of Access

Summary

Title 43, §2103

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata