1. U.S. Code
  2. title 48
  3. chapter 15
  4. § 1705

Collapse to view only § 1705. Tidelands, submerged lands, or filled lands

§§ 1701 to 1703. Repealed. Pub. L. 93–435, § 5, Oct. 5, 1974, 88 Stat. 1212

CITE AS: 48 USC 1701 to 1703

§ 1704. Concurrent jurisdiction; exceptions for national defense purposes
(a) Except as otherwise provided by law, the governments of the Virgin Islands, Guam, and American Samoa, shall have concurrent civil and criminal jurisdiction with the United States with regard to property owned, reserved, or controlled by the United States in the Virgin Islands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts.
(b) Notwithstanding the provisions of subsection (a) of this section, the President may from time to time exclude from the concurrent jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense.
(Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339; Pub. L. 99–396, § 3, Aug. 27, 1986, 100 Stat. 839.)

CITE AS: 48 USC 1704

§ 1705. Tidelands, submerged lands, or filled lands
(a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa
(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);
(iv) all submerged lands filled in, built up, or otherwise reclaimed by the United States, before the date of enactment of this Act, for its own use;
(v) all tracts or parcels of submerged land containing on any part thereof any structures or improvements constructed by the United States;
(vi) all submerged lands that have heretofore been determined by the President or the Congress to be of such scientific, scenic, or historic character as to warrant preservation and administration under the provisions of the Act entitled “An Act to establish a National Park Service, and for other purposes”, approved August 25, 1916 (16 U.S.C. 1 et seq.); 1
1 See References in Text note below.
(vii) all submerged lands designated by the President within one hundred and twenty days after the date of enactment of this Act;
(viii) all submerged lands that are within the administrative responsibility of any agency or department of the United States other than the Department of the Interior;
(ix) all submerged lands lawfully acquired by persons other than the United States through purchase, gift, exchange, or otherwise;
(x) all submerged lands within the Virgin Islands National Park established by sections 398 to 398b of title 16, including the lands described in sections 398c and 398d of title 16; and
(xi) all submerged lands within the Buck Island Reef National Monument as described in Presidential Proclamation 3448 dated December 28, 1961.
Upon request of the Governor of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, the Secretary of the Interior may, with or without reimbursement, and subject to the procedure specified in subsection (c) of this section convey all right, title, and interest of the United States in any of the lands described in clauses (ii), (iii), (iv), (v), (vi), (vii), or (viii) of this subsection to the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, as the case may be, with the concurrence of the agency having custody thereof.
(c) Submittal to Congressional committees of proposals for conveyance of retained lands or rights
(d) Oil, gas, and other mineral deposits in submerged lands conveyed to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa; conveyance by United States; existing leases, permits, etc.
(1) The Secretary of the Interior shall, not later than sixty days after the date of enactment of this subsection, convey to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, all right, title, and interest of the United States in deposits of oil, gas, and other minerals in the submerged lands conveyed to the government of such territory by subsection (a) of this section.
(2) The conveyance of mineral deposits under paragraph (1) of this subsection shall be subject to any existing lease, permit, or other interest granted by the United States prior to the date of such conveyance. All rentals, royalties, or fees which accrue after such date of conveyance in connection with any such lease, permit, or other interest shall be payable to the government of the territory to which such mineral deposits are conveyed.
(Pub. L. 93–435, § 1, Oct. 5, 1974, 88 Stat. 1210; Pub. L. 96–205, title VI, § 607, Mar. 12, 1980, 94 Stat. 91; Pub. L. 103–437, § 17(b), Nov. 2, 1994, 108 Stat. 4595; Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.)

CITE AS: 48 USC 1705

§ 1706. Reserved rights
(a) Establishment of naval defense sea areas and airspace reservations
(b) Navigation; flood control; power production
(c)
(d) Status of lands beyond the three-mile limit
(Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211; Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.)

CITE AS: 48 USC 1706

§ 1707. Payment of rents, royalties, and fees to local government

On and after the date of enactment of this Act, all rents, royalties, or fees from leases, permits, or use rights, issued prior to such date of enactment by the United States with respect to the land conveyed by this Act, or by the amendment made by this Act, and rights of action for damages for trespass occupancies of such lands shall accrue and belong to the appropriate local government under whose jurisdiction the land is located.

(Pub. L. 93–435, § 4, Oct. 5, 1974, 88 Stat. 1212.)

CITE AS: 48 USC 1707

§ 1708. Discrimination prohibited in rights of access to, and benefits from, conveyed lands

No person shall be denied access to, or any of the benefits accruing from, the lands conveyed by this Act, or by the amendment made by this Act, on the basis of race, religion, creed, color, sex, national origin, or ancestry: Provided, however, That this section shall not be construed in derogation of any of the provisions of the April 17, 1900 cession of Tutuila and Aunuu or the July 16, 1904 cession of the Manu’s Islands, as ratified by the Act of February 20, 1929 (45 Stat. 1253) and the Act of May 22, 1929 (46 Stat. 4).

(Pub. L. 93–435, § 6, Oct. 5, 1974, 88 Stat. 1212.)

CITE AS: 48 USC 1708