
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1705]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
        CHAPTER 15--CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
 
Sec. 1705. Tidelands, submerged lands, or filled lands


(a) Conveyance to Guam, Virgin Islands, and American Samoa

    Subject to valid existing rights, all right, title, and interest of 
the United States in lands permanently or periodically covered by tidal 
waters up to but not above the line of mean high tide and seaward to a 
line three geographical miles distant from the coastlines of the 
territories of Guam, the Virgin Islands, and American Samoa, as 
heretofore or hereafter modified by accretion, erosion, and reliction, 
and in artificially made, filled in, or reclaimed lands which were 
formerly permanently or periodically covered by tidal waters, are hereby 
conveyed to the governments of Guam, the Virgin Islands, and American 
Samoa, as the case may be, to be administered in trust for the benefit 
of the people thereof.

(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 October 5, 1974, 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 October 5, 1974, 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 sections 1, 2, 3, and 4 of title 16;
        (vii) all submerged lands designated by the President within one 
    hundred and twenty days after October 5, 1974;
        (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 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 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

    No conveyance shall be made by the Secretary pursuant to subsection 
(a) or (b) of this section until the expiration of sixty calendar days 
(excluding days on which the House of Representatives or the Senate is 
not in session because of an adjournment of more than three days to a 
day certain) from the date on which the Secretary of the Interior 
submits to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of the 
Senate an explanatory statement indicating the tract proposed to be 
conveyed and the need therefor, unless prior to the expiration of such 
sixty calendar days both committees inform the Secretary that they wish 
to take no action with respect to the proposed conveyance.

(d) Oil, gas, and other mineral deposits in submerged lands conveyed to 
        Guam, 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 March 12, 1980, convey to the governments of Guam, 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, Sec. 1, Oct. 5, 1974, 88 Stat. 1210; Pub. L. 96-205, 
title VI, Sec. 607, Mar. 12, 1980, 94 Stat. 91; Pub. L. 103-437, 
Sec. 17(b), Nov. 2, 1994, 108 Stat. 4595.)

                       References in Text

    The authorization for the construction by the Navy of the Ammunition 
Pier under the Military Construction Authorization Act, 1971, (84 Stat. 
1204), as amended by section 201 of the Military Construction Act, 1973 
(86 Stat. 1135), referred to in subsec. (b)(iii), is contained in 
section 201 of Pub. L. 91-511, Oct. 26, 1970, 84 Stat. 1204, as amended 
by section 201 of Pub. L. 92-545, Oct. 25, 1972, 86 Stat. 1138, which is 
not classified to the Code.
    Section 398b of title 16, referred to in subsec. (b)(x), was 
repealed by Pub. L. 85-404, May 16, 1958, 72 Stat. 112.


                               Amendments

    1994--Subsec. (c). Pub. L. 103-437 substituted ``Committee on 
Natural Resources of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate'' for ``Committees on 
Interior and Insular Affairs of the House of Representatives and the 
Senate''.
    1980--Subsec. (c). Pub. L. 96-205, Sec. 607(b), inserted 
``subsection (a) or (b) of'' before ``this section''.
    Subsec. (d). Pub. L. 96-205, Sec. 607(a), added subsec. (d).

                         Change of Name

    Committee on Natural Resources of House of Representatives treated 
as referring to Committee on Resources of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.

   Proc. No. 4346. Reserving Certain Lands Adjacent to and Enlarging 
   Boundaries of Buck Island Reef National Monument in Virgin Islands

    Proc. No. 4346, eff. Feb. 1, 1975, 40 F.R. 5127, as amended by Proc. 
No. 4359, eff. Mar. 28, 1975, 40 F.R. 14565, provided:
    The Buck Island Reef National Monument, situated off the northeast 
coast of Saint Croix Island in the Virgin Islands of the United States, 
was established by Proclamation No. 3443 of December 28, 1961 (76 Stat. 
1441). It now has been determined that approximately thirty acres of 
submerged land should be added to the monument site in order to insure 
the proper care and management of the shoals, rocks, undersea coral reef 
formations and other objects of scientific and historical interest 
pertaining to this National Monument.
    These thirty acres of submerged lands are presently owned in fee by 
the United States. They will be conveyed to the Government of the Virgin 
Islands on February 3, 1975, pursuant to Section 1(a) of Public Law 93-
435 (88 Stat. 1210) [subsec. (a) of this section], unless the President, 
under Section 1(b)(vii) of that Act [subsec. (b)(vii) of this section], 
designates otherwise.
    Under Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 
431), the President is authorized to declare by public Proclamation 
objects of historic or scientific interest that are situated upon the 
lands owned or controlled by the Government of the United States to be 
national monuments, and may reserve as a part thereof parcels of land, 
the limits of which in all cases shall be confined to the smallest area 
compatible with the proper care and management of the objects to be 
protected. The aforementioned thirty acres of submerged lands are 
contiguous to the site of the Buck Island Reef National Monument, 
constitute a part of the ecological community of the Buck Island Reef, 
and will not enlarge the monument boundaries beyond the smallest area 
compatible with its proper care and management.
    NOW, THEREFORE, I, GERALD R. FORD, President of the United States of 
America, by virtue of the authority vested in me by Section 1(b)(vii) of 
Public Law 93-435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do 
hereby proclaim that the lands hereinafter described are excepted from 
the transfer to the Government of the Virgin Islands under Section 1(a) 
of Public Law 93-435 [subsec. (a) of this section]; and, by virtue of 
the authority vested in me by Section 2 of the Act of June 8, 1906, 34 
Stat. 225 (16 U.S.C. 431), do hereby proclaim that, subject to valid 
existing rights, the lands hereinafter described are hereby added to and 
made a part of the Buck Island Reef National Monument, and Proclamation 
No. 3443 of December 28, 1961, establishing the Buck Island Reef 
National Monument is amended accordingly.
    Beginning at latitude 17 deg.47'30'' N. longitude 64 deg.36'32'' W; 
thence approximately 1000 feet to latitude 17 deg.47'27'' N, longitude 
64 deg.36'22'' W; thence approximately 900 feet to latitude 
17 deg.47'18'' N, longitude 64 deg.36'22'' W; thence approximately 1000 
feet to latitude 17 deg.47'15'' N, longitude 64 deg.36'32'' W; thence 
approximately 1500 feet to latitude 17 deg.47'30'' N, longitude 
64 deg.36'32'' W, then place of beginning, embracing an area of 
approximately 30 acres.
    IN WITNESS WHEREOF, I have hereunto set my hand this first day of 
February, in the year of our Lord nineteen hundred seventy-five and of 
the Independence of the United States of America the one hundred and 
ninety-ninth.
                                                         Gerald R. Ford.

Proc. No. 4347. Reserving Certain Submerged Lands Adjacent to Rose Atoll 
 National Wildlife Refuge in American Samoa and Certain Submerged Lands 
      for Defense Needs of United States in Guam and Virgin Islands

    Proc. No. 4347, eff. Feb. 1, 1975, 40 F.R. 5129, provided:
    The submerged lands surrounding the Rose Atoll National Wildlife 
Refuge in American Samoa are necessary for the protection of the Atoll's 
marine life, including the green sea and hawksbill turtles. The 
submerged lands in Apra Harbor and those adjacent to Inapsan Beach and 
Urano Point in Guam, and certain submerged lands on the west coast of 
St. Croix, United States Virgin Islands are required for national 
defense purposes. These submerged lands in American Samoa, Guam and the 
United States Virgin Islands will be conveyed to the Government of those 
territories, on February 3, 1975, pursuant to Section 1(a) of Public Law 
93-435 (88 Stat. 1210) [subsec. (a) of this section], unless the 
President, under Section 1(b)(vii) of that Act [subsec (b)(vii) of this 
section], designates otherwise.
    NOW, THEREFORE, I GERALD R. FORD, President of the United States of 
America, by virtue of authority vested in me by Section 1(b)(vii) of 
Public Law 93-435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do 
hereby proclaim that the lands hereinafter described are excepted from 
the transfer to the Government of American Samoa, the Government of Guam 
and the Government of the United States Virgin Islands under Section 
1(a) of Public Law 93-425. [subsec. (a) of this section].
    American Samoa. The submerged lands adjacent to Rose Atoll located 
78 miles east-southeast of Tau Island in the Manua Group at latitude 
14 deg.32'52'' south and longitude 168 deg.08'34'' west, which lands 
shall be under the joint administrative jurisdiction of the Department 
of Commerce and the Department of the Interior.
    Guam. (1) The submerged lands of inner and outer Apra Harbor; and, 
(2) the submerged lands adjacent to the following uplands: (a) 
Unsurveyed land, Municipality of Machanao, Guam, as delineated on 
Commander Naval Forces. Marianas Y & D Drawing Numbered 597-464, lying 
between the seaward boundaries of Lots Numbered 9992 through 9997 and 
the mean high tide, containing an undetermined area of land, (b) 
unsurveyed land, Municipality of Machanao, Guam, as delineated on 
Commander Naval Forces, Marianas Y & D Drawing Numbered 597-464, lying 
between the seaward boundary of Lot Numbered 10080 and the line of mean 
high tide, containing an undetermined amount of land, and (c) Lot 
Numbered PO 4.1 in the Municipality of Machanao, Guam, as delineated on 
Y & D Drawing Numbered 597-464, more particularly described as surveyed 
land bordered on the north by Lot Numbered 10080, Machanao, east by 
Northwest Air Force Base, south by U. S. Naval Communication Station 
(Finegayan) and west by the sea containing a computed area of 125.50 
acres, more or less. All of the above lands within the territory of Guam 
shall be under the administrative jurisdiction of the Department of the 
Navy.
    The Virgin Islands. (1) The submerged lands as described in the Code 
of Federal Regulations revised as of July 1, 1974, cited as 33 CFR 
207.817 areas ``A'' & ``B'', (2) the submerged lands seaward of the 100 
fathom curve off the coast of St. Croix beginning at a point 
17 deg.40'30'' N and ending at a point 17 deg.46'30'' North as depicted 
on Coast and Geodetic Survey Chart Numbered 25250, Third Edition; Title: 
St. Croix, Virgin Islands Underwater Range, and (3) the submerged lands 
seaward of the Underwater Range Operational Control Center, St. Croix, 
Virgin Islands presently leased to the Department of the Navy and 
described as Plot 1B18 of Estate Sprat Hall subdivision, located in 
northside Quarter ``A'', St. Croix containing 4.84 acres of land. All of 
the above lands within the territory of the Virgin Islands shall be 
under the administrative jurisdiction of the Department of the Navy.
    IN WITNESS WHEREOF, I have hereunto set my hand this first day of 
February, in the year of our Lord nineteen hundred seventy-five, and of 
the Independence of the United States of America the one hundred and 
ninety-ninth.
                                                         Gerald R. Ford.

                  Section Referred to in Other Sections

    This section is referred to in sections 1545, 1706, 1707, 1708 of 
this title; title 16 section 1453; title 43 section 2102.
