PUBLIC LAW 100-298—APR. 28, 1988
102 STAT. 433
SEC. 4. RIGHTS OF ACCESS. (a) ACCESS RIGHTS.—In order to—
Cultural
programs. Historic preservation. Environmental protection. 42 USC 2103.
(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 6 of this Act, it is the declared policy of the Congress that States carry out their responsibilities under this Act 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. 03) PARKS AND PROTECTED AREAS.—In managing the resources subject to the provisions of this Act, 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 Grants. Preservation Fund shall be available, in accordance with the provisions of title I of the National Historic Preservation Act, for the study, interpretation, protection, and preservation of historic shipwrecks and properties. SEC. 5. PREPARATION OF GUIDELINES.
(a) In order to encourage the development of underwater parks and the administrative cooperation necessary for the comprehensive management of underwater resources related to historic shipwrecks, the Secretary of the Interior, acting through the Director of the National Park Service, shall within nine months after the date of enactment of this Act prepare and publish guidelines in the Federal Register which shall seek to: (1) maximize the enhancement of cultural resources; (2) foster a partnership among sport divers, fishermen, archeologists, salvors, and other interests to manage shipwreck resources of the States and the United States; (3) facilitate access and utilization by recreational interests; (4) recognize the interests of individuals and groups engaged in shipwreck discovery and salvage. (b) Such guidelines shall be developed after consultation with appropriate public and private sector interests (including the Secretary of Commerce, the Advisory Council on Historic Preservation, sport divers, State Historic Preservation Officers, professional dive operators, salvors, archeologists, historic preservationists, and fishermen). (c) Such guidelines shall be available to assist States and the appropriate Federal agencies in developing legislation and regulations to carry out their responsibilities under this Act. SEC. 6. RIGHTS OF OWNERSHIP.
(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
43 USC 2104. National parks, monuments, etc. Federal Register, publication.
43 USC 2105.
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