Title 43, Public LandsRelease 119-110

§2105 Rights of Ownership

Title 43 › CHAPTER 39 — ABANDONED SHIPWRECKS › § 2105

Last updated Sep 22, 2026|Official source

Summary

The U.S. government claims ownership of abandoned shipwrecks when they are stuck in a State’s underwater lands, stuck in coralline (reef) formations protected by a State on those submerged lands, or lie on a State’s submerged lands and are on or eligible for the National Register of Historic Places. The public must be told where such wrecks are. The Secretary of the Interior, after talking with the State historic preservation officer, must make a written decision if a wreck meets the National Register rules. Ownership is then transferred to the State where the wreck is located. Abandoned wrecks on U.S. public lands belong to the U.S. Government, and wrecks on Indian lands belong to the tribe that owns those lands. This summary does not change any rights held by the United States or any State under sections 1311, 1313, or 1314 of this title, or sections 414 or 415 of title 33.

Full Legal Text

Title 43, §2105

Public Lands, Source: USLM XML via OLRC

(a)United States title
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.
(b)Notice of shipwreck location; eligibility determination for inclusion in National Register of Historic Places
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).
(c)Transfer of title to States
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.
(d)Exception
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.
(e)Reservation of rights
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—
(1)section 1311, 1313, or 1314 of this title; or
(2)section 414 or 415 of title 33.

Reference

Citations & Metadata

Citation

43 U.S.C. § 2105

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110