Page:United States Statutes at Large Volume 102 Part 1.djvu/472

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 434

Public information. Historic preservation.

Gifts and property. Indians.

43 USC 2106.

PUBLIC LAW 100-298—APR. 28, 1988

(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) 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 3, 5, or 6 of the Submerged Lands Act (43 U.S.C. 1311, 1313, and 1314); or (2) section 19 or 20 of the Act of March 3, 1899 (33 U.S.C. 414 and 415). SEC. 7. RELATIONSHIP TO OTHER LAWS. (a) LAW OF SALVAGE AND THE LAW OF FINDS.—The law of salvage

and the law of finds shall not apply to abandoned shipwrecks to which section 6 of this Act applies. (b) LAWS OF THE UNITED STATES.—This Act shall not change the laws of the United States relating to shipwrecks, other than those to which this Act applies. (c) EFFECTIVE DATE.—This Act shall not affect any legal proceeding brought prior to the date of enactment of this Act. Approved April 28, 1988.

LEGISLATIVE HISTORY—S. 858: HOUSE REPORTS: No. 100-514, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Merchant Marine and Fisheries). SENATE REPORTS: No. 100-241 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 133 (1987): Dec. 19, considered and passed Senate. Vol. 134 (1988): Mar. 28, 29, Apr. 13, considered and passed House.