
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: 48USC749]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                         CHAPTER 4--PUERTO RICO
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 749. Harbors and navigable waters transferred; definitions

    The harbor areas and navigable streams and bodies of water and 
submerged lands underlying the same in and around the island of Puerto 
Rico and the adjacent islands and waters, owned by the United States on 
March 2, 1917, and not reserved by the United States for public 
purposes, are placed under the control of the government of Puerto Rico, 
to be administered in the same manner and subject to the same 
limitations as the property enumerated in sections 747 and 748 of this 
title. All laws of the United States for the protection and improvement 
of the navigable waters of the United States and the preservation of the 
interests of navigation and commerce, except so far as the same may be 
locally inapplicable, shall apply to said island and waters and to its 
adjacent islands and waters. Nothing in this chapter contained shall be 
construed so as to affect or impair in any manner the terms or 
conditions of any authorizations, permits, or other powers lawfully 
granted or exercised or in respect of said waters and submerged lands in 
and surrounding said island and its adjacent islands by the Secretary of 
the Army or other authorized officer or agent of the United States prior 
to March 2, 1917. Notwithstanding any other provision of law, as used in 
this section (1) ``submerged lands underlying navigable bodies of 
water'' include lands permanently or periodically covered by tidal 
waters up to but not above the line of mean high tide, all lands 
underlying the navigable bodies of water in and around the island of 
Puerto Rico and the adjacent islands, and all artificially made, filled 
in, or reclaimed lands which formerly were lands beneath navigable 
bodies of water; (2) ``navigable bodies of water and submerged lands 
underlying the same in and around the island of Puerto Rico and the 
adjacent islands and waters'' extend from the coastline of the island of 
Puerto Rico and the adjacent islands as heretofore or hereafter modified 
by accretion, erosion, or reliction, seaward to a distance of three 
marine leagues; (3) ``control'' includes all right, title, and interest 
in and to and jurisdiction and authority over the submerged lands 
underlying the harbor areas and navigable streams and bodies of water in 
and around the island of Puerto Rico and the adjacent islands and 
waters, and the natural resources underlying such submerged lands and 
waters, and includes proprietary rights of ownership, and the rights of 
management, administration, leasing, use, and development of such 
natural resources and submerged lands beneath such waters.

(Mar. 2, 1917, ch. 145, Sec. 8, 39 Stat. 954; May 17, 1932, ch. 190, 47 
Stat. 158; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; 
Pub. L. 96-205, title VI, Sec. 606(a), Mar. 12, 1980, 94 Stat. 91.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, known as 
the Puerto Rican Federal Relations Act and also popularly known as the 
Jones Act, which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 731 of this title and Tables.

                          Codification

    A further provision of section 8 of act Mar. 2, 1917, repealing act 
June 11, 1906, ch. 3075, 34 Stat. 234, and all other laws or parts of 
laws in conflict herewith was omitted.


                               Amendments

    1980--Pub. L. 96-205 inserted provisions defining terms used in this 
section.

                         Change of Name

    ``Puerto Rico'' substituted in text for ``Porto Rico'' pursuant to 
act May 17, 1932, which is classified to section 731a of this title.
    Department of War designated Department of the Army and title of 
Secretary of War changed to Secretary of the Army by section 205(a) of 
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of 
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ``Title 10, 
Armed Forces'' which in sections 3010 to 3013 continued Department of 
the Army under administrative supervision of Secretary of the Army.


                            Cross References

    Protection of navigable waters and of harbor and river improvements 
generally, see section 401 et seq. of Title 33, Navigation and Navigable 
Waters.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 1453; title 43 
section 2102.
