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43 U.S.C. § 2102 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470a&num=0&edition=prelim)); 11 See References in Text note below.
**(c)** the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 22 So in original. Probably should be “Resources”. Protection Act of 1979 ([16 U.S.C. 470aa–470](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa–470&num=0&edition=prelim)ll);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim);
(2) of Puerto Rico, as described in [section 749 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim);
(3) of Guam, the Virgin Islands and American Samoa, as described in [section 1705 of title 48](https://uscode.house.gov/view.xhtml?re
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Source file: Laws/federal/codes/united-states-code/title-43/section-2102-definitions--4e01681f3d.md
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Source location: Title 43, Chapter 39, § 2102; chapter-039-abandoned-shipwrecks.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470a&num=0&edition=prelim)); 11 See References in Text note below.
**(c)** the terms “public lands”, “Indian lands”, and “Indian tribe” have the same meaning given the terms in the Archaeological Resource 22 So in original. Probably should be “Resources”. Protection Act of 1979 ([16 U.S.C. 470aa–470](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section470aa–470&num=0&edition=prelim)ll);
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim);
(2) of Puerto Rico, as described in [section 749 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim);
(3) of Guam, the Virgin Islands and American Samoa, as described in [section 1705 of title 48](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim); and
(4) of the Commonwealth of the Northern Mariana Islands, as described in section 801 of Public Law 94–241.1
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Federal law — U.S. Code and appendices · legal_authorities
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved.
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Federal law — U.S. Code and appendices · legal_authorities
The harbor areas and navigable streams and bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the adjacent islands and waters, owned by the United States on March 2, 1917, and not reserved by the United States for public purposes, are placed under the control of the government of Puerto Rico, to be administered in the same manner and subject to the same limitations as the property enumerated in sections 747 and 748 of this title. All laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said island and waters and to its adjacent islands and waters. Nothing in this chapter contained shall be construed so as to affect or impair in any manner the terms or conditions of any authorizations, permits, or other powers lawfully granted or exercised or in respect of said waters and submerged lands in and surrounding said island and its adjacent islands by the Secretary of the Army or other authorized officer or agent of the United States prior to March 2, 1917. Notwithstanding any other provision of law, as used in this section (1) “submerged lands underlying navigable bodies of water” include lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide, all lands underlying the navigable bodies of water in and around the island of Puerto Rico and the adjacent islands, and all artificially made, filled in, or reclaimed lands which formerly were lands beneath navigable bodies of water; (2) “navigable bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the ad
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Federal law — U.S. Code and appendices · legal_authorities
When used in this subchapter and subchapter II—
**(a)** The term “lands beneath navigable waters” means—
(1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction;
(2) all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and
(3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined;
**(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa** Subject to valid existing rights, all right, title, and interest of the United States in lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines of the territories of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters, are hereby conveyed to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the benefit of the people thereof.
**(b) Retention of certain lands and mineral rights by United States** There are excepted from the transfer made by subsection (a) hereof—
(i) all deposits of oil, gas, and other minerals, but the term “minerals” shall not include coral, sand, and gravel;
(ii) all submerged lands adjacent to property owned by the United States above the line of mean high tide;
(iii) all submerged lands adjacent to property above the line of mean high tide acquired by the United States by eminent domain proceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the construction of the Ammunition Pier authorized by the Military Construction Authorization Act, 1971 (84 Stat. 1204), as amended by section 201 of the Military Construction Act, 1973 (86 Stat. 1135
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) archaeological resources on public lands and Indian lands are an accessible and irreplaceable part of the Nation’s heritage;
(2) these resources are increasingly endangered because of their commercial attractiveness;
(3) existing Federal laws do not provide adequate protection to prevent the loss and destruction of these archaeological resources and sites resulting from uncontrolled excavations and pillage; and
(4) there is a wealth of archaeological information which has been legally obtained by private individuals for noncommercial purposes and which could voluntarily be made available to professional archaeologists and institutions.
**(b)** The purpose of this chapter is to secure, for the present and future benefit of the American people, the protection of archaeological resources and sites which are on public lands and Indian lands, and to foster increased cooperation and exchange of information between governmental authorities, the professional archaeological community, and private individuals having collections of archaeological resources and data which were obtained before October 31, 1979.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 89–665, § 1, Oct. 15, 1966, 80 Stat. 915; Pub. L. 96–515, title I, § 101(a), Dec. 12, 1980, 94 Stat. 2987, which provided the short title, findings, and policy of the National Historic Preservation Act, was transferred in part and omitted in part. Subsec. (a), which provided that this subchapter could be cited as the “National Historic Preservation Act”, was transferred and is set out as a Short Title of 1966 Act note under [section 100101 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100101&num=0&edition=prelim), National Park Service and Related Programs. Subsec. (b), which related to findings and declaration of policy, was omitted from the Code following the enactment of Title 54 by Pub. L. 113–287.
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Federal law — U.S. Code and appendices · legal_authorities
Page 898
TITLE 16—CONSERVATION
§ 469m
appropriations. See section 308304 of Title 54, National
Park Service and Related Programs.
§ 469m. Repealed or Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 111–11, title VII, § 7111, Mar. 30, 2009,
123 Stat. 1199, which related to Women’s Rights Na-
tional Historical Park, was repealed in part and omit-
ted in part. Subsec. (a), which enacted section 410ll–1 of
this title, was omitted from the Code. Subsecs. (b) and
(c) were repealed and restated in sections 308501 and
308502 of Title 54, National Park Service and Related
Programs, by Pub. L. 113–287, §§ 3, 7, Dec. 19, 2014, 128
Stat. 3094, 3272, which act enacted Title 54.
§ 469n. Preserve America Program
(a) Purpose
The purpose of this section is to authorize the
Preserve America Program, including—
(1) the Preserve America grant program
within the Department of the Interior;
(2) the recognition programs administered
by the Advisory Council on Historic Preserva-
tion; and
(3) the related efforts of Federal agencies,
working in partnership with State, tribal, and
local governments and the private sector, to
support and promote the preservation of his-
toric resources.
(b) to (f) Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
(Pub. L. 111–11, title VII, § 7302, Mar. 30, 2009, 123
Stat. 1214; Pub. L. 113–287, § 7, Dec. 19, 2014, 128
Stat. 3272.)
Editorial Notes
AMENDMENTS
2014—Subsecs. (b) to (f). Pub. L. 113–287 struck out
subsecs. (b) to (f), which related to definitions, estab-
lishment of Preserve America Program, designation of
Preserve America Communities, regulations, and au-
thorization of appropriations. See sections 311101 to
311105 of Title 54, National Park Service and Related
Programs.
§ 469o. Repealed. Pub. L. 11
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Federal law — U.S. Code and appendices · legal_authorities
Page 901
TITLE 16—CONSERVATION
§ 470aa
§ 470w–2. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 303, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to donations and bequests of money, personal
property and less than fee interests in historic prop-
erty. See section 307107 of Title 54, National Park Serv-
ice and Related Programs.
§ 470w–3. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 304, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002;
amended Pub. L. 102–575, title XL, § 4020, Oct. 30, 1992,
106 Stat. 4765, related to access to information. See sec-
tion 307103 of Title 54, National Park Service and Re-
lated Programs.
§ 470w–4. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 305, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to attorneys’ fees and costs to prevailing parties
in civil actions. See section 307105 of Title 54, National
Park Service and Related Programs.
§ 470w–5. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 306, as added Pub.
L. 96–515, title V, § 501, Dec. 12, 1980, 94 Stat. 3002, re-
lated to National Museum for the Building Arts. Sub-
secs. (a) to (c), (e), and (f) were repealed and restated in
sections 305501 to 305505 of Title 54, National Park Serv-
ice and Related Programs. Subsec. (d), which provided
for renovation of the site of the Museum, was repealed
as obsolete.
§ 470w–6. Repealed. Pub. L. 113–287, § 7, Dec. 19,
2014, 128 Stat. 3272
Section, Pub. L. 89–665, title III, § 307, as added Pub.
L. 96–515, title V, § 501, De
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Federal law — U.S. Code and appendices · legal_authorities
Page 617
TITLE 43—PUBLIC LANDS
§ 2103
1 See References in Text note below.
2 So in original. Probably should be ‘‘Resources’’.
Editorial Notes
REFERENCES IN TEXT
The date this chapter becomes effective, referred to
in subsec. (c), means the date of enactment of title V
of Pub. L. 95–617, which was approved Nov. 9, 1978.
AMENDMENTS
1984—Subsec. (c). Pub. L. 98–620 struck out provision
that any such proceeding had to be assigned for hearing
at the earliest possible date and had to be expedited by
the court.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–620 not applicable to cases
pending on Nov. 8, 1984, see section 403 of Pub. L. 98–620,
set out as a note under section 1657 of Title 28, Judici-
ary and Judicial Procedure.
DEFINITIONS
The definition of ‘‘State’’ in section 2602 of Title 16,
Conservation, applies to this section.
§ 2012. Authorization for appropriation
There are authorized to be appropriated to the
Secretary of the Interior to carry out his re-
sponsibilities under this chapter not to exceed
$500,000 for the fiscal year ending on September
30, 1978, and not to exceed $1,000,000 for the fiscal
year ending on September 30, 1979.
(Pub. L. 95–617, title V, § 512, Nov. 9, 1978, 92 Stat.
3164.)
CHAPTER 39—ABANDONED SHIPWRECKS
Sec.
2101.
Findings.
2102.
Definitions.
2103.
Rights of access.
2104.
Preparation of guidelines.
2105.
Rights of ownership.
2106.
Relationship to other laws.
§ 2101. Findings
The Congress finds that—
(a) States have the responsibility for man-
agement of a broad range of living and non-
living resources in State waters and sub-
merged lands; and
(b) included in the range of resources are
certain abandoned shipwrecks, which have
been deserted and
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