Title 43Public LandsRelease 119-73not60

§2105 Rights of Ownership

Title 43 › Chapter 39— ABANDONED SHIPWRECKS › § 2105

Last updated Apr 5, 2026|Official source

Summary

The United States claims ownership of abandoned shipwrecks in three cases: if a wreck is stuck in a State’s submerged lands, if it is stuck in coralline formations those State waters protect, or if it lies in State waters and is listed or eligible for the National Register of Historic Places. The public must be told where any such wreck is. The Secretary of the Interior must, after talking with the State Historic Preservation Officer, put in writing whether a wreck meets the third condition. When the United States claims title under (a), that title is transferred to the State where the wreck sits. An abandoned wreck on U.S. public land belongs to the United States. An abandoned wreck on Indian land belongs to the tribe that owns the land. This law does not change any rights the United States or any State (including rights related to Indian lands) have 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)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)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)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)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)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 43Public Lands

Last Updated

Apr 5, 2026

Release point: 119-73not60