ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

48 U.S.C. § 1706Reserved rightsreserved

submitted 52 years ago by Pub. L. 93-435 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 317 words · no verdicts yet

in plain englishAI-generated · not legal advice

This Act does not affect specified presidential defense powers or federal powers over transferred lands and navigable waters. Federal navigation, defense, commerce, and international-affairs powers remain paramount, while specified local ownership and management rights are preserved.

(a) The Act does not affect the President’s right to establish naval defensive sea areas and naval airspace reservations around or over Guam, the Northern Mariana Islands, American Samoa, and the Virgin Islands when needed for national defense. (b) It does not affect United States constitutional-authority use, development, improvement, or control of lands transferred by section 1705 and their navigable waters for navigation, flood control, or power production. It also does not release federal rights to regulate or improve navigation or provide flood control or power. (c) The United States keeps its navigational servitude, rights, and regulatory and control powers over those lands and waters for commerce, navigation, national defense, and international affairs. Those powers are paramount, but do not include ownership or the management, administration, leasing, use, and development rights specifically conveyed to Guam, the Northern Mariana Islands, the Virgin Islands, or American Samoa. (d) The Act does not affect the status of lands beyond the three-mile limit described in section 1705.
the actual law source: uscode.house.gov ↗public domain
(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, 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, 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.

(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.

Source credit: (Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211; Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.)

history & why it existsrecord from the source credit
  • 1974Enacted · Pub. L. 93-435 · 88 Stat. 1211
  • 2013Amended · Pub. L. 113-34 · 127 Stat. 518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-435 on 1974-10-05.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case