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48 U.S.C. § 1706 — Reserved rights
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of naval defense sea areas and airspace reservations** Nothing in this Act shall affect the right of the President to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands when deemed necessary for national defense.
**(b) Navigation; flood control; power production** Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim), and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control or the production of power.
**(c) Navigational servitude and powers of regulation for purposes of commerce, navigation, national defense, and international affairs** The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim), and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasi
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Stable record: federal_law:legal_authorities:record_usc_0e6633098509fdcfddde1d7d
Source file: Laws/federal/codes/united-states-code/title-48/section-1706-reserved-rights--dc5037fe7b.md
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Source location: Title 48, Chapter 15, § 1706; chapter-015-conveyance-of-submerged-lands-to-territories.md
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**(a) Establishment of naval defense sea areas and airspace reservations** Nothing in this Act shall affect the right of the President to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands when deemed necessary for national defense.
**(b) Navigation; flood control; power production** Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim), and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control or the production of power.
**(c) Navigational servitude and powers of regulation for purposes of commerce, navigation, national defense, and international affairs** The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim), and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically conveyed to the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, as the case may be, by [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim).
**(d) Status of lands beyond the three-mile limit** Nothing in this Act shall affect the status of lands beyond the three-mile limit described in [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Interior shall be authorized to lease or to sell upon such terms as he may deem advantageous to the Government of the United States any property of the United States under his administrative supervision in the Virgin Islands not needed for public purposes.
**(b)**
(1) All right, title, and interest of the United States in the property placed under the control of the government of the Virgin Islands by [section 1405c(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1405c/a&num=0&edition=prelim), not reserved to the United States by the Secretary of the Interior within one hundred and twenty days after October 5, 1974, is hereby conveyed to such government. The conveyance effected by the preceding sentence shall not apply to that land and other property which on October 5, 1974, is administered by the Secretary of the Interior as part of the National Park System and such lands and other property shall be retained by the United States.
(2) Subject to valid existing rights, title to all property in the Virgin Islands which may have been acquired by the United States from Denmark under the Convention entered into August 16, 1916, not reserved or retained by the United States in accordance with the provisions of Public Law 93–435 (88 Stat. 1210) is hereby transferred to the Virgin Islands government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1545
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, 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 Commonwealth of the Northern Mariana Islands, 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 Commonwealth of the Northern Mariana Islands, 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 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 1701, Pub. L. 88–183, § 1, Nov. 20, 1963, 77 Stat. 338, related to authority of Secretary of the Interior to transfer tidelands, submerged lands, and filled lands to governments of Guam, Virgin Islands, and American Samoa with certain restrictions and conditions. See [section 1705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim).
Section 1702, Pub. L. 88–183, § 2, Nov. 20, 1963, 77 Stat. 339, related to administrative responsibility of Secretary of the Interior for tidelands, submerged lands, and filled lands in adjacent to Guam, Virgin Islands, and American Samoa. See sections 1705 to 1708 of this title.
Section 1703, Pub. L. 88–183, § 3, Nov. 20, 1963, 77 Stat. 339, related to certain rights reserved for the United States for purposes of defense, navigation, flood control, commerce and international affairs. See [section 1706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1706&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1701 to 1703
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Federal law — U.S. Code and appendices · legal_authorities
Page 177
TITLE 48—TERRITORIES AND INSULAR POSSESSIONS
§ 1706
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 sea-
ward 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 sur-
veyed 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 admin-
istrative jurisdiction of the Department of the Navy.
The Virgin Islands. (1) The submerged lands as de-
scribed 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°40′30′′ N and ending at a point 17°46′30′′ North as de-
picted on Coast and Geodetic Survey Chart Numbered
25250, Third Edition; Title: St. Croix, Virgin Islands Un-
derwater Range, and (3) the submerged lands seaward of
the Underwater Range Operational Control Center, St.
Croix, Virgin Islands presently leased to the Depart-
ment 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
sh
Source: Supplied 2024 U.S. Code historical extraction · 48 U.S.C. § 1706
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