253.421. Abandoned materials belong to the state--definitions--rulemaking.
Abandoned materials belong to the state--definitions--rulemaking.
253.421. 1. As used in section 253.420 and this section, thefollowing words and phrases mean:
(1) "Department", the department of natural resources, state historicpreservation office;
(2) "Historic shipwreck", artifacts and remains of historic shipwrecksites which are over fifty years in age, including but not limited to aship's structure and rigging, machinery, hardware, tools, utensils, cargo,personal items of crew passengers, and monetary or treasure trove;
(3) "Lands beneath navigable waters":
(a) All lands within the boundaries of this state which are coveredby nontidal waters that are now navigable, or were navigable under the lawsof the United States at the time this state became a member of the Union oracquired sovereignty over such lands and waters thereafter, up to theordinary high water mark as heretofore or hereafter modified by accretion,erosion, river channel shifts, and reliction;
(b) All filled in, made, or reclaimed lands which formerly were landsbeneath navigable waters;
(4) "Shipwreck", a vessel or wreck, its cargo, and other contents,reasonably believed to have wrecked or been abandoned at least fifty yearsprior to any permit application.
2. Under the Abandoned Shipwreck Act of 1987, 43 U.S.C. Sections2101-2106, all historic shipwreck materials and such objects havingintrinsic or historical and archaeological value which have been abandonedon lands beneath navigable waters shall belong to the state withjurisdiction thereto vested in the department for the purposes ofadministration and protection. The department shall have the authority topromulgate rules and regulations for the acceptable visitation, study, andsalvage of such historic shipwreck materials.
3. Any plan of regulated activities submitted by an applicant undersubsection 2 of section 253.420 shall include authorized written permissionfrom any affected landowner allowing access both to and from sites on theproperty and permitting any ground-disturbing activities on such property.
(L. 2007 S.B. 198)