1998 Year of the Ocean Coastal Tourism and Rec reation 



DOMESTIC LEGAL REGIME 

 Contents 



Abandoned Shipwreck Act (43 U.S.C. §§ 2101 etseq.) 



Antiquities Act of 1906 (16 U.S.C. §§431 etsea.) 



Archaeological Resources Protection Act of 1979 (16 U.S.C. §§ 470aa et seq.) 



Coastal Barrier Resources Act (16 U.S.C. §§ 3501 et seq.) 



Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.) 



Federal Water Pollution Control Act, as amended, also called the Clean Water Act as 



amended (CWA), 33 U.S.C. §§ 1251 et se^. 



National Flood Insurance Reform Act 



National Marine Sanctuaries Act (16 U.S.C. §§1431 etseq.) 



National Park Service Organic Act (16 U.S.C. §§ 1) 



National Wildlife Refuge System (16 U.S.C. § 668dd) 



National Historic Preservation Act (16 U.S.C. §§ 470 (et seq .) 



National Wilderness Preservation System (16 U.S.C. § 1131) 



Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 et seg., inter alia) 



The legal regime covering this topic is based on a collection of important federal statutory 

 authorities. The following is a brief description of some of those authorities relating to recreation 

 and tourism. The list is selective and is designed to illustrate some major recreation and tourism 

 acts. The list is not meant to be comprehensive. 



Abandoned Shipwreck Act (ASA) . 43 U.S.C. §§ 2101 et seq. 



Under the ASA, the United States asserts title to shipwrecks that are embedded in the submerged 

 lands of a state. The federal government transfers title to the state whose submerged lands 

 contain the shipwreck, except when the wreck is located on public or Indian land, or is a U.S. 

 warship that has not been affirmatively abandoned. The public is given notice of the location of 

 any shipwreck when title is asserted under the ASA. 



Pursuant to the ASA, states manage a broad range of living and nonliving resources in their 

 waters and submerged lands. Shipwrecks protected under the ASA offer recreational and 

 educational opportunities for divers, tourists, users of biological sanctuaries, and historical 

 researchers. States are encouraged to provide public access to the shipwrecks through the 

 adoption of guidelines for the creation of underwater parks. 



The Secretary of the Interior, through the National Park Service, publishes guidelines to 

 maximize the enhancement of shipwrecks as cultural resources; foster a partnership among sport 

 divers, salvors, and other interests to manage shipwreck resources; facilitate access and 



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