48 U.S.C. § 1706 — Reserved rights

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 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. PROC. NO. 9077. RESERVING CERTAIN SUBMERGED LANDS IN THE COMMONWEALTH OF THE NORTHERN MARIANA IS- LANDS Proc. No. 9077, Jan. 15, 2014, 79 F.R. 3479, provided: The submerged lands surrounding the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands are among the most biologically diverse in the Western Pacific, with relatively pristine coral reef ecosystems that have been proclaimed objects of scientific interest and reserved for their protection as the Islands Unit of the Marianas Trench Marine National Monument (ma- rine national monument) by Proclamation 8335 of Janu- ary 6, 2009. Certain submerged lands adjacent to the land leased by the United States of America on the is- lands of Tinian and Farallon de Medinilla under the Lease Agreement Made Pursuant to the Covenant to Establish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America, dated January 6, 1983, as amended (Lease) are essential for ensuring that United States forces forward deployed to the Western Pacific are adequately trained and ready to respond immediately and effectively to or- ders from the National Command Authority, and for ensuring the safety of citizens of the Commonwealth of the Northern Mariana Islands. Certain of these submerged lands will be conveyed by the United States to the Government of the Common- wealth of the Northern Mariana Islands on January 16, 2014, pursuant to section 1(a) of Public Law 93–435, as amended by section 1 of Public Law 113–34 (the ‘‘Act’’), unless the President designates otherwise pursuant to section 1(b)(vii) of the Act. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of authority vested in me by section 1(b)(vii) of the Act, do hereby proclaim that the lands hereinafter described are ex- cepted from transfer to the Government of the Com- monwealth of the Northern Mariana Islands under sec- tion 1(a) of the Act: the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion per- manently covered by tidal waters up to the mean low water line and extending three geographical miles sea- ward from the mean high tide line; and the submerged lands adjacent to the islands of Tinian and Farallon de Medinilla permanently or periodically covered by tidal waters up to the line of mean high tide and extending seaward to a line three geographical miles distant from those areas of the coastline that are adjacent to the leased lands described in the Lease. Nothing in this proclamation is intended to affect the authority of the Secretary of the Interior (Secretary) under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion when the Sec- retary, the Secretary of Commerce, and the Govern- ment of the Commonwealth of the Northern Mariana Islands have entered into an agreement for coordina- tion of management that ensures the protection of the marine national monument within the excepted area described above. Furthermore, nothing in this procla- mation is intended to affect the authority of the Sec- retary under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the land leased by the United States on the islands of Tinian or Farallon de Medinilla when the Secretary of the Navy and the Government of the Commonwealth of the Northern Mariana Islands have entered into an agree- ment that ensures protection of military training with- in the excepted area. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thir- ty-eighth. BARACK OBAMA. § 1706. Reserved rights (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 Common- wealth of the Northern Mariana Islands, Amer- ican 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, devel- opment, improvement, or control by or under the constitutional authority of the United States of the lands transferred by section 1705 of this title, 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 reg- ulate or improve navigation, or to provide for flood control or the production of power. (c) Navigational servitude and powers of regula- tion for purposes of commerce, navigation, national defense, and international affairs The United States retains all of its naviga- tional servitude and rights in and powers of reg- ulation and control of the lands conveyed by section 1705 of this title, and the navigable wa- ters overlying such lands, for the constitutional purposes of commerce, navigation, national de- fense, and international affairs, all of which Page 178 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1707 shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leas- ing, use, and development of the lands and nat- ural resources which are specifically conveyed to the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Is- lands, or American Samoa, as the case may be, by section 1705 of this title. (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. (Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211; Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), and (d), is Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, which enacted sections 1705 to 1708 of this title, amended section 1545 of this title, and repealed sections 1701 to 1703 of this title. For complete classification of this Act to the Code, see Tables. AMENDMENTS 2013—Subsecs. (a), (c). Pub. L. 113–34 inserted ‘‘the Commonwealth of the Northern Mariana Islands,’’ after ‘‘Guam,’’. § 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 enact- ment 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 dam- ages for trespass occupancies of such lands shall accrue and belong to the appropriate local gov- ernment under whose jurisdiction the land is lo- cated. (Pub. L. 93–435, § 4, Oct. 5, 1974, 88 Stat. 1212.) Editorial Notes REFERENCES IN TEXT Date of enactment, referred to in text, is the date of enactment of Pub. L. 93–435, which was approved Oct. 5, 1974. This Act, referred to in text, is Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, which enacted sections 1705 to 1708 of this title, amended section 1545 of this title, and re- pealed sections 1701 to 1703 of this title. For complete classification of this Act to the Code, see Tables. The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93–435 to section 1545(b) of this title. Statutory Notes and Related Subsidiaries REFERENCES TO ‘‘DATE OF ENACTMENT’’ For the purposes of the amendment made by sub- section (a) of section 1 of Pub. L. 113–34, amending sec- tions 1705 and 1706 of this title, the references to ‘‘date of enactment’’ in text shall be considered to be ref- erences to Sept. 18, 2013, see section 1(b) of Pub. L. 113–34, set out as a note under section 1705 of this title. § 1708. Discrimination prohibited in rights of ac- cess 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, how- ever, 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, which enacted sections 1705 to 1708 of this title, amended section 1545 of this title, and re- pealed sections 1701 to 1703 of this title. For complete classification of this Act to the Code, see Tables. The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93–435 to section 1545(b) of this title. Act of February 20, 1929, referred to in text, is act Feb. 20, 1929, ch. 281, 45 Stat. 1253, as amended, which enacted section 1661 of this title. Act of May 22, 1929, referred to in text, is act May 22, 1929, ch. 6, 46 Stat. 4, which amended section 1661 of this title. CHAPTER 16—DELEGATES TO CONGRESS SUBCHAPTER I—GUAM AND VIRGIN ISLANDS Sec. 1711. Delegate to House of Representatives from Guam and Virgin Islands. 1712. Election of delegates; majority; runoff elec- tion; vacancy; commencement of term. 1713. Qualifications for Office of Delegate. 1714. Territorial legislature; determination of elec- tion procedure. 1715. Operation of Office; House privileges; com- pensation, allowances, and benefits; privi- leges and immunities; voting in committee. SUBCHAPTER II—AMERICAN SAMOA 1731. Delegate to House of Representatives from American Samoa. 1732. Election of delegates. 1733. Qualifications for Office of Delegate. 1734. Territorial government; determination of election procedure. 1735. Operation of Office; compensation, allow- ances, and benefits; privileges and immuni- ties. SUBCHAPTER III—NORTHERN MARIANA ISLANDS DELEGATE 1751. Delegate to House of Representatives from Commonwealth of the Northern Mariana Is- lands. 1752. Election of Delegate. 1753. Qualifications for office of Delegate. 1754. Determination of election procedure. 1755. Compensation, privileges, and immunities. 1756. Lack of effect on covenant. 1757. Definition. SUBCHAPTER I—GUAM AND VIRGIN ISLANDS § 1711. Delegate to House of Representatives from Guam and Virgin Islands The territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as here- inafter provided.