Page 167 TITLE 48—TERRITORIES and INSULAR POSSESSIONS § 1704

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AMENDMENTS § 1695. Federal education and health care pro- 1998—Pub. L. 105–362 struck out ‘‘The chief executives grams; nonapplicability or nonparticipation shall transmit the comprehensive annual financial re- Notwithstanding any other provision of law, port to the Inspector General of the Department of the Interior who shall audit it and report his findings to except in cases in which the Federal program is the Congress.’’ after ‘‘required by the Congress.’’ and terminated with respect to all recipients under ‘‘The chief executives shall submit to the Congress, the the program, Federal programs in the fields of Secretary of the Interior, the High Commissioner of the education and health care shall not cease to Trust Territory of the Pacific Islands, and the cog- apply to the Trust Territory of the Pacific Is- nizant Federal auditors a written statement of actions lands or any successor government or govern- taken or contemplated on Federal audit recommenda- ments, and shall continue to be available to the tions within sixty days after the issuance date of the extent said territory or its successor or succes- audit report.’’ after ‘‘applicable Federal law.’’ 1982—Pub. L. 97–357 substituted provisions relating to sors are eligible to participate in such programs. preparation, etc., by the chief executives of the govern- Participation in any applicable Federal pro- ments of the Marshall Islands, etc., of a comprehensive grams in the fields of education and health care annual financial report to be submitted to the Congress by the Trust Territory of the Pacific Islands or and the Secretary of the Interior and transmitted to any successor government or governments shall the Inspector General of the Interior Department, prep- not be denied, decreased or ended, either before aration of other congressionally required reports, sub- or after the termination of the trusteeship, mission of a written statement of actions taken or con- without the express approval of the United templated on Federal audit recommendations, and pro- hibition of termination of this section under the Cov- States Congress and shall continue at such lev- enant to Establish a Commonwealth of the Northern els as the Congress may provide in appropriation Mariana Islands in Political Union with the United Acts. States, for provisions relating to an annual report by (Pub. L. 96–205, title I, § 104, Mar. 12, 1980, 94 the High Commissioner of the Trust Territory of the Pacific Islands on the administration of sections 1688 to Stat. 85; Pub. L. 96–597, title IV, § 403, Dec. 24, 1693 of this title. 1980, 94 Stat. 3479.) AMENDMENTS TERMINATION OF REPORTING REQUIREMENTS 1980—Pub. L. 96–597 substituted ‘‘and shall continue For termination, effective May 15, 2000, of provisions to be available to the extent said territory or its suc- in the 1st sentence of this section relating to the re- cessor or successors are eligible to participate in such quirement that the chief executives submit a compre- programs. Participation’’ for ‘‘nor shall participation’’, hensive annual financial report to Congress, see section ‘‘governments shall not be denied’’ for ‘‘governments be 3003 of Pub. L. 104–66, as amended, set out as a note denied’’ and inserted ‘‘and shall continue at such levels under section 1113 of Title 31, Money and Finance, and as the Congress may provide in appropriation Acts.’’ the 1st item on page 116 of House Document No. 103–7. after ‘‘United States Congress’’.

EXCEPTION TO REQUIREMENT THAT STATEMENT BE SUB- CHAPTER 15—CONVEYANCE OF SUBMERGED MITTED TO HIGH COMMISSIONER OF TRUST TERRITORY LANDS TO TERRITORIES OF THE PACIFIC ISLANDS Sec. Pub. L. 97–357, title II, § 203(e), Oct. 19, 1982, 96 Stat. 1701 to 1703. Repealed. 1708, provided that: ‘‘Nothing in this section [adding 1704. Concurrent jurisdiction; exceptions for na- section 1681b of this title, amending this section, and tional defense purposes. repealing section 1681c of this title] shall be construed 1705. Tidelands, submerged lands, or filled lands. as requiring the Governor of the Northern Mariana Is- 1706. Reserved rights. lands to submit any statement or report to the High 1707. Payment of rents, royalties, and fees to local Commissioner of the Trust Territory of the Pacific Is- government. lands.’’ 1708. Discrimination prohibited in rights of access to, and benefits from, conveyed lands. § 1693. Audit of government; access to books, §§ 1701 to 1703. Repealed. Pub. L. 93–435, § 5, Oct. records, etc. 5, 1974, 88 Stat. 1212 The Comptroller General of the United States, Section 1701, Pub. L. 88–183, § 1, Nov. 20, 1963, 77 Stat. or any of his duly authorized representatives, 338, related to authority of Secretary of the Interior to shall have access, for the purpose of audit and transfer tidelands, submerged lands, and filled lands to examination, to any relevant books, documents, governments of Guam, Virgin Islands, and American papers, or records of the government of the Samoa with certain restrictions and conditions. See Trust Territory of the Pacific Islands. section 1705 of this title. Section 1702, Pub. L. 88–183, § 2, Nov. 20, 1963, 77 Stat. (Pub. L. 92–257, § 6, Mar. 21, 1972, 86 Stat. 88.) 339, related to administrative responsibility of Sec- retary of the Interior for tidelands, submerged lands, §§ 1694 to 1694e. Transferred and filled lands in adjacent to Guam, Virgin Islands, and American Samoa. See sections 1705 to 1708 of this CODIFICATION title. Section 1703, Pub. L. 88–183, § 3, Nov. 20, 1963, 77 Stat. Sections 1694 to 1694e, Pub. L. 95–157, §§ 1–6, Nov. 8, 339, related to certain rights reserved for the United 1977, 91 Stat. 1265–1267; Pub. L. 98–454, title IX, §§ 901–904, States for purposes of defense, navigation, flood con- Oct. 5, 1984, 98 Stat. 1744, 1745, which related to estab- trol, commerce and international affairs. See section lishment of District Court for the Northern Mariana Is- 1706 of this title. lands, original and appellate jurisdiction, procedural requirements, relations between courts of United § 1704. Concurrent jurisdiction; exceptions for States and courts of Northern Mariana Islands, effec- national defense purposes tive date, and authorization of appropriations, were transferred to sections 1821 to 1826, respectively, of this (a) Except as otherwise provided by law, the title. governments of the Virgin Islands, Guam, and § 1705 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 168

American Samoa, shall have concurrent civil (i) all deposits of oil, gas, and other min- and criminal jurisdiction with the United States erals, but the term ‘‘minerals’’ shall not in- with regard to property owned, reserved, or con- clude coral, sand, and gravel; trolled by the United States in the Virgin Is- (ii) all submerged lands adjacent to property lands, Guam, and American Samoa respectively. owned by the United States above the line of A judgment of conviction or acquittal on the mean high tide; merits under the laws of Guam, the Virgin Is- (iii) all submerged lands adjacent to prop- lands, or American Samoa shall be a bar to any erty above the line of mean high tide acquired prosecution under the criminal laws of the by the United States by eminent domain pro- United States for the same act or acts, and a ceedings, purchase, exchange, or gift, after the judgment of conviction or acquittal on the mer- date of enactment of this Act, as required for its under the laws of the United States shall be completion of the Department of the Navy a bar to any prosecution under the laws of Land Acquisition Project relative to the con- Guam, the Virgin Islands, or American Samoa struction of the Ammunition Pier authorized for the same act or acts. (b) Notwithstanding the provisions of sub- by the Military Construction Authorization section (a) of this section, the President may Act, 1971 (84 Stat. 1204), as amended by section from time to time exclude from the concurrent 201 of the Military Construction Act, 1973 (86 jurisdiction of the government of Guam persons Stat. 1135); found, acts performed, and offenses committed (iv) all submerged lands filled in, built up, or on the property of the United States which is otherwise reclaimed by the United States, be- under the control of the Secretary of Defense to fore the date of enactment of this Act, for its such extent and in such circumstances as he own use; finds required in the interest of the national de- (v) all tracts or parcels of submerged land fense. containing on any part thereof any structures (Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339; or improvements constructed by the United Pub. L. 99–396, § 3, Aug. 27, 1986, 100 Stat. 839.) States; (vi) all submerged lands that have heretofore REFERENCES IN TEXT been determined by the President or the Con- The criminal laws of the United States, referred to in gress to be of such scientific, scenic, or his- subsec. (a), are classified generally to Title 18, Crimes toric character as to warrant preservation and and Criminal Procedure. administration under the provisions of the Act AMENDMENTS entitled ‘‘An Act to establish a National Park 1986—Subsec. (a). Pub. L. 99–396 amended first sen- Service, and for other purposes’’, approved Au- tence generally. Prior to amendment, first sentence gust 25, 1916 (16 U.S.C. 1 et seq.); 1 read as follows: ‘‘Except as otherwise provided in this (vii) all submerged lands designated by the section, the governments of Guam, the Virgin Islands, President within one hundred and twenty days and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over after the date of enactment of this Act; parties found, acts performed, and offenses committed (viii) all submerged lands that are within on property owned, reserved, or controlled by the the administrative responsibility of any agen- United States in Guam, the Virgin Islands, and Amer- cy or department of the United States other ican Samoa.’’ than the Department of the Interior; § 1705. Tidelands, submerged lands, or filled (ix) all submerged lands lawfully acquired by lands persons other than the United States through purchase, gift, exchange, or otherwise; (a) Conveyance to Guam, the Commonwealth of (x) all submerged lands within the Virgin Is- the Northern Mariana Islands, Virgin Is- lands National Park established by sections lands, and American Samoa 398 to 398b of title 16, including the lands de- Subject to valid existing rights, all right, scribed in sections 398c and 398d of title 16; and title, and interest of the United States in lands (xi) all submerged lands within the Buck Is- permanently or periodically covered by tidal wa- land Reef National Monument as described in ters up to but not above the line of mean high Presidential Proclamation 3448 dated Decem- tide and seaward to a line three geographical ber 28, 1961. miles distant from the coastlines of the territories of Guam, the Commonwealth of the Upon request of the Governor of Guam, the Com- Northern Mariana Islands, the Virgin Islands, monwealth of the Northern Mariana Islands, the and American Samoa, as heretofore or hereafter Virgin Islands, or American Samoa, the Sec- modified by accretion, erosion, and reliction, retary of the Interior may, with or without re- and in artificially made, filled in, or reclaimed imbursement, and subject to the procedure spec- lands which were formerly permanently or peri- ified in subsection (c) of this section convey all odically covered by tidal waters, are hereby con- right, title, and interest of the United States in veyed to the governments of Guam, the Com- any of the lands described in clauses (ii), (iii), monwealth of the Northern Mariana Islands, the (iv), (v), (vi), (vii), or (viii) of this subsection to Virgin Islands, and American Samoa, as the case the government of Guam, the Commonwealth of may be, to be administered in trust for the bene- the Northern Mariana Islands, the Virgin Is- fit of the people thereof. lands, or American Samoa, as the case may be, (b) Retention of certain lands and mineral rights with the concurrence of the agency having cus- by United States tody thereof. There are excepted from the transfer made by subsection (a) hereof— 1 See References in Text note below. Page 169 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1705

(c) Submittal to Congressional committees of section 1865(a) of Title 18, Crimes and Criminal Proce- proposals for conveyance of retained lands dure, and section 100101(a), chapter 1003, and sections or rights 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§ 3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, No conveyance shall be made by the Secretary 3272. For complete classification of this Act to the pursuant to subsection (a) or (b) of this section Code, see Tables. For disposition of former sections of until the expiration of sixty calendar days (ex- this title, see Disposition Table preceding section 100101 cluding days on which the House of Representa- of Title 54. tives or the Senate is not in session because of Section 398b of title 16, referred to in subsec. (b)(x), an adjournment of more than three days to a was repealed by Pub. L. 85–404, May 16, 1958, 72 Stat. 112. The date of enactment of this subsection, referred to day certain) from the date on which the Sec- in subsec. (d)(1), is the date of enactment of Pub. L. retary of the Interior submits to the Committee 96–205, which was approved Mar. 12, 1980. on Natural Resources of the House of Represent- atives and the Committee on Energy and Natu- AMENDMENTS ral Resources of the Senate an explanatory 2013—Pub. L. 113–34 inserted ‘‘the Commonwealth of statement indicating the tract proposed to be the Northern Mariana Islands,’’ after ‘‘Guam,’’ wher- conveyed and the need therefor, unless prior to ever appearing. the expiration of such sixty calendar days both 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Com- committees inform the Secretary that they wish mittee on Natural Resources of the House of Represent- atives and the Committee on Energy and Natural Re- to take no action with respect to the proposed sources of the Senate’’ for ‘‘Committees on Interior and conveyance. Insular Affairs of the House of Representatives and the (d) Oil, gas, and other mineral deposits in sub- Senate’’. merged lands conveyed to Guam, the Com- 1980—Subsec. (c). Pub. L. 96–205, § 607(b), inserted monwealth of the Northern Mariana Islands, ‘‘subsection (a) or (b) of’’ before ‘‘this section’’. Virgin Islands, and American Samoa; convey- Subsec. (d). Pub. L. 96–205, § 607(a), added subsec. (d). ance by United States; existing leases, per- REFERENCES TO ‘‘DATE OF ENACTMENT’’ mits, etc. Pub. L. 113–34, § 1(b), Sept. 18, 2013, 127 Stat. 518, pro- (1) The Secretary of the Interior shall, not vided that: ‘‘For the purposes of the amendment made later than sixty days after the date of enact- by subsection (a) [amending this section and section ment of this subsection, convey to the govern- 1706 of this title], each reference in Public Law 93–435 ments of Guam, the Commonwealth of the [see Tables for classification] to the ‘date of enact- Northern Mariana Islands, the Virgin Islands, ment’ shall be considered to be a reference to the date of the enactment of this section [Sept. 18, 2013].’’ and American Samoa, as the case may be, all right, title, and interest of the United States in PROC. NO. 4346. RESERVING CERTAIN LANDS ADJACENT TO deposits of oil, gas, and other minerals in the AND ENLARGING BOUNDARIES OF BUCK ISLAND REEF NA- submerged lands conveyed to the government of TIONAL MONUMENT IN VIRGIN ISLANDS such territory by subsection (a) of this section. Proc. No. 4346, eff. Feb. 1, 1975, 40 F.R. 5127, as amend- (2) The conveyance of mineral deposits under ed by Proc. No. 4359, eff. Mar. 28, 1975, 40 F.R. 14565, pro- paragraph (1) of this subsection shall be subject vided: to any existing lease, permit, or other interest The Buck Island Reef National Monument, situated granted by the United States prior to the date of off the northeast coast of Saint Croix Island in the Vir- such conveyance. All rentals, royalties, or fees gin Islands of the United States, was established by Proclamation No. 3443 of December 28, 1961 (76 Stat. which accrue after such date of conveyance in 1441). It now has been determined that approximately connection with any such lease, permit, or other thirty acres of submerged land should be added to the interest shall be payable to the government of monument site in order to insure the proper care and the territory to which such mineral deposits are management of the shoals, rocks, undersea coral reef conveyed. formations and other objects of scientific and histori- cal interest pertaining to this National Monument. (Pub. L. 93–435, § 1, Oct. 5, 1974, 88 Stat. 1210; Pub. These thirty acres of submerged lands are presently L. 96–205, title VI, § 607, Mar. 12, 1980, 94 Stat. 91; owned in fee by the United States. They will be con- Pub. L. 103–437, § 17(b), Nov. 2, 1994, 108 Stat. 4595; veyed to the Government of the Virgin Islands on Feb- Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) ruary 3, 1975, pursuant to Section 1(a) of Public Law 93–435 (88 Stat. 1210) [subsec. (a) of this section], unless REFERENCES IN TEXT the President, under Section 1(b)(vii) of that Act [sub- The authorization for the construction by the Navy sec. (b)(vii) of this section], designates otherwise. of the Ammunition Pier under the Military Construc- Under Section 2 of the Act of June 8, 1906, 34 Stat. 225 tion Authorization Act, 1971, (84 Stat. 1204), as amended (16 U.S.C. 431) [see 54 U.S.C. 320301(a)–(c)], the President by section 201 of the Military Construction Act, 1973 (86 is authorized to declare by public Proclamation objects Stat. 1135), referred to in subsec. (b)(iii), is contained in of historic or scientific interest that are situated upon section 201 of Pub. L. 91–511, Oct. 26, 1970, 84 Stat. 1204, the lands owned or controlled by the Government of as amended by section 201 of Pub. L. 92–545, Oct. 25, the United States to be national monuments, and may 1972, 86 Stat. 1138, which is not classified to the Code. reserve as a part thereof parcels of land, the limits of The date of enactment of this Act, referred to in sub- which in all cases shall be confined to the smallest area sec. (b)(iii), (iv), and (vii), is the date of enactment of compatible with the proper care and management of Pub. L. 93–435, which was approved Oct. 5, 1974. the objects to be protected. The aforementioned thirty The Act entitled ‘‘An Act to establish a National acres of submerged lands are contiguous to the site of Park Service, and for other purposes’’, approved August the Buck Island Reef National Monument, constitute a 25, 1916 (16 U.S.C. 1 et seq.), referred to in subsec. part of the ecological community of the Buck Island (b)(vi), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known Reef, and will not enlarge the monument boundaries as the National Park Service Organic Act, which en- beyond the smallest area compatible with its proper acted sections 1, 2, 3, and 4 of Title 16, Conservation, care and management. and provisions set out as a note under section 100101 of NOW, THEREFORE, I, GERALD R. FORD, President Title 54, National Park Service and Related Programs. of the United States of America, by virtue of the au- Sections 1 to 4 of the Act were repealed and restated as thority vested in me by Section 1(b)(vii) of Public Law § 1705 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 170

93–435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do Numbered 597–464, more particularly described as sur- hereby proclaim that the lands hereinafter described veyed land bordered on the north by Lot Numbered are excepted from the transfer to the Government of 10080, Machanao, east by Northwest Air Force Base, the Virgin Islands under Section 1(a) of Public Law south by U. S. Naval Communication Station 93–435 [subsec. (a) of this section]; and, by virtue of the (Finegayan) and west by the sea containing a computed authority vested in me by Section 2 of the Act of June area of 125.50 acres, more or less. All of the above lands 8, 1906, 34 Stat. 225 (16 U.S.C. 431) [see 54 U.S.C. within the territory of Guam shall be under the admin- 320301(a)–(c)], do hereby proclaim that, subject to valid istrative jurisdiction of the Department of the Navy. existing rights, the lands hereinafter described are The Virgin Islands. (1) The submerged lands as de- hereby added to and made a part of the Buck Island scribed in the Code of Federal Regulations revised as of Reef National Monument, and Proclamation No. 3443 of July 1, 1974, cited as 33 CFR 207.817 areas ‘‘A’’ & ‘‘B’’, December 28, 1961, establishing the Buck Island Reef (2) the submerged lands seaward of the 100 fathom National Monument is amended accordingly. curve off the coast of St. Croix beginning at a point Beginning at latitude 17°47′30′′ N. longitude 64°36′32′′ 17°40′30′′ N and ending at a point 17°46′30′′ North as de- W; thence approximately 1000 feet to latitude 17°47′27′′ picted on Coast and Geodetic Survey Chart Numbered N, longitude 64°36′22′′ W; thence approximately 900 feet 25250, Third Edition; Title: St. Croix, Virgin Islands Un- to latitude 17°47′18′′ N, longitude 64°36′22′′ W; thence ap- derwater Range, and (3) the submerged lands seaward of proximately 1000 feet to latitude 17°47′15′′ N, longitude the Underwater Range Operational Control Center, St. 64°36′32′′ W; thence approximately 1500 feet to latitude Croix, Virgin Islands presently leased to the Depart- 17°47′30′′ N, longitude 64°36′32′′ W, then place of begin- ment of the Navy and described as Plot 1B18 of Estate ning, embracing an area of approximately 30 acres. Sprat Hall subdivision, located in northside Quarter IN WITNESS WHEREOF, I have hereunto set my ‘‘A’’, St. Croix containing 4.84 acres of land. All of the hand this first day of February, in the year of our Lord above lands within the territory of the Virgin Islands nineteen hundred seventy-five and of the Independence shall be under the administrative jurisdiction of the of the United States of America the one hundred and Department of the Navy. ninety-ninth. IN WITNESS WHEREOF, I have hereunto set my GERALD R. FORD. hand this first day of February, in the year of our Lord nineteen hundred seventy-five, and of the Independence PROC. NO. 4347. RESERVING CERTAIN SUBMERGED LANDS of the United States of America the one hundred and ADJACENT TO ROSE ATOLL NATIONAL WILDLIFE REFUGE ninety-ninth. IN AMERICAN SAMOA AND CERTAIN SUBMERGED LANDS GERALD R. FORD. FOR DEFENSE NEEDS OF UNITED STATES IN GUAM AND VIRGIN ISLANDS PROC. NO. 9077. RESERVING CERTAIN SUBMERGED LANDS IN THE COMMONWEALTH OF THE NORTHERN MARIANA IS- Proc. No. 4347, eff. Feb. 1, 1975, 40 F.R. 5129, provided: LANDS The submerged lands surrounding the Rose Atoll Na- tional Wildlife Refuge in American Samoa are nec- Proc. No. 9077, Jan. 15, 2014, 79 F.R. 3479, provided: essary for the protection of the Atoll’s marine life, in- The submerged lands surrounding the islands of cluding the green sea and hawksbill turtles. The sub- Farallon de Pajaros (Uracas), Maug, and Asuncion in merged lands in Apra Harbor and those adjacent to the Commonwealth of the Northern Mariana Islands Inapsan Beach and Urano Point in Guam, and certain are among the most biologically diverse in the Western submerged lands on the west coast of St. Croix, United Pacific, with relatively pristine coral reef ecosystems States Virgin Islands are required for national defense that have been proclaimed objects of scientific interest purposes. These submerged lands in American Samoa, and reserved for their protection as the Islands Unit of Guam and the United States Virgin Islands will be con- the Marianas Trench Marine National Monument (ma- veyed to the Government of those territories, on Feb- rine national monument) by Proclamation 8335 of Janu- ruary 3, 1975, pursuant to Section 1(a) of Public Law ary 6, 2009. Certain submerged lands adjacent to the 93–435 (88 Stat. 1210) [subsec. (a) of this section], unless land leased by the United States of America on the is- the President, under Section 1(b)(vii) of that Act [sub- lands of Tinian and Farallon de Medinilla under the sec (b)(vii) of this section], designates otherwise. Lease Agreement Made Pursuant to the Covenant to NOW, THEREFORE, I GERALD R. FORD, President Establish a Commonwealth of the Northern Mariana Is- of the United States of America, by virtue of authority lands in Political Union with the United States of vested in me by Section 1(b)(vii) of Public Law 93–435 America, dated January 6, 1983, as amended (Lease) are (88 Stat. 1210) [subsec. (b)(vii) of this section], do hereby essential for ensuring that United States forces forward proclaim that the lands hereinafter described are ex- deployed to the Western Pacific are adequately trained cepted from the transfer to the Government of Amer- and ready to respond immediately and effectively to or- ican Samoa, the Government of Guam and the Govern- ders from the National Command Authority, and for ment of the United States Virgin Islands under Section ensuring the safety of citizens of the Commonwealth of 1(a) of Public Law 93–425. [subsec. (a) of this section]. the Northern Mariana Islands. American Samoa. The submerged lands adjacent to Certain of these submerged lands will be conveyed by Rose Atoll located 78 miles east-southeast of Tau Is- the United States to the Government of the Common- land in the Manua Group at latitude 14°32′52′′ south and wealth of the Northern Mariana Islands on January 16, longitude 168°08′34′′ west, which lands shall be under the 2014, pursuant to section 1(a) of Public Law 93–435, as joint administrative jurisdiction of the Department of amended by section 1 of Public Law 113–34 (the ‘‘Act’’), Commerce and the Department of the Interior. unless the President designates otherwise pursuant to Guam. (1) The submerged lands of inner and outer section 1(b)(vii) of the Act. Apra Harbor; and, (2) the submerged lands adjacent to NOW, THEREFORE, I, BARACK OBAMA, President the following uplands: (a) Unsurveyed land, Municipal- of the United States of America, by virtue of authority ity of Machanao, Guam, as delineated on Commander vested in me by section 1(b)(vii) of the Act, do hereby Naval Forces. Marianas Y & D Drawing Numbered proclaim that the lands hereinafter described are ex- 597–464, lying between the seaward boundaries of Lots cepted from transfer to the Government of the Com- Numbered 9992 through 9997 and the mean high tide, monwealth of the Northern Mariana Islands under sec- containing an undetermined area of land, (b) un- tion 1(a) of the Act: surveyed land, Municipality of Machanao, Guam, as de- the submerged lands adjacent to the islands of lineated on Commander Naval Forces, Marianas Y & D Farallon de Pajaros (Uracas), Maug, and Asuncion per- Drawing Numbered 597–464, lying between the seaward manently covered by tidal waters up to the mean low boundary of Lot Numbered 10080 and the line of mean water line and extending three geographical miles sea- high tide, containing an undetermined amount of land, ward from the mean high tide line; and and (c) Lot Numbered PO 4.1 in the Municipality of the submerged lands adjacent to the islands of Tinian Machanao, Guam, as delineated on Y & D Drawing and Farallon de Medinilla permanently or periodically Page 171 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1708 covered by tidal waters up to the line of mean high tide (d) Status of lands beyond the three-mile limit and extending seaward to a line three geographical miles distant from those areas of the coastline that are Nothing in this Act shall affect the status of adjacent to the leased lands described in the Lease. lands beyond the three-mile limit described in Nothing in this proclamation is intended to affect the section 1705 of this title. authority of the Secretary of the Interior (Secretary) under section 1(b) of the Act to subsequently convey (Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211; Pub. the submerged lands adjacent to the islands of Farallon L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) de Pajaros (Uracas), Maug, and Asuncion when the Sec- REFERENCES IN TEXT retary, the Secretary of Commerce, and the Govern- ment of the Commonwealth of the Northern Mariana This Act, referred to in subsecs. (a), (b), and (d), is Islands have entered into an agreement for coordina- Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, as amended, tion of management that ensures the protection of the which enacted sections 1705 to 1708 of this title, amend- marine national monument within the excepted area ed section 1545 of this title, and repealed sections 1701 described above. Furthermore, nothing in this procla- to 1703 of this title. For complete classification of this mation is intended to affect the authority of the Sec- Act to the Code, see Tables. retary under section 1(b) of the Act to subsequently AMENDMENTS convey the submerged lands adjacent to the land leased by the United States on the islands of Tinian or 2013—Subsecs. (a), (c). Pub. L. 113–34 inserted ‘‘the Farallon de Medinilla when the Secretary of the Navy Commonwealth of the Northern Mariana Islands,’’ after and the Government of the Commonwealth of the ‘‘Guam,’’. Northern Mariana Islands have entered into an agreement that ensures protection of military training with- § 1707. Payment of rents, royalties, and fees to in the excepted area. local government IN WITNESS WHEREOF, I have hereunto set my On and after the date of enactment of this Act, hand this fifteenth day of January, in the year of our Lord two thousand fourteen, and of the Independence of all rents, royalties, or fees from leases, permits, the United States of America the two hundred and thir- or use rights, issued prior to such date of enact- ty-eighth. ment by the United States with respect to the BARACK OBAMA. land conveyed by this Act, or by the amendment made by this Act, and rights of action for dam- § 1706. Reserved rights ages for trespass occupancies of such lands shall (a) Establishment of naval defense sea areas and accrue and belong to the appropriate local gov- airspace reservations ernment under whose jurisdiction the land is lo- Nothing in this Act shall affect the right of cated. the President to establish naval defensive sea (Pub. L. 93–435, § 4, Oct. 5, 1974, 88 Stat. 1212.) areas and naval airspace reservations around REFERENCES IN TEXT and over the islands of Guam, the Common- wealth of the Northern Mariana Islands, Amer- Date of enactment, referred to in text, is the date of ican Samoa, and the Virgin Islands when enactment of Pub. L. 93–435, which was approved Oct. 5, 1974. deemed necessary for national defense. This Act, referred to in text, is Pub. L. 93–435, Oct. 5, (b) Navigation; flood control; power production 1974, 88 Stat. 1210, which enacted sections 1705 to 1708 of Nothing in this Act shall affect the use, devel- this title, amended section 1545 of this title, and re- opment, improvement, or control by or under pealed sections 1701 to 1703 of this title. For complete classification of this Act to the Code, see Tables. the constitutional authority of the United The amendment made by this Act, referred to in text, States of the lands transferred by section 1705 of means the amendment made by section 3 of Pub. L. this title, and the navigable waters overlying 93–435 to section 1545(b) of this title. such lands, for the purposes of navigation or flood control or the production of power, or be REFERENCES TO ‘‘DATE OF ENACTMENT’’ construed as the release or relinquishment of For the purposes of the amendment made by sub- any rights of the United States arising under section (a) of section 1 of Pub. L. 113–34, amending sec- the constitutional authority of Congress to reg- tions 1705 and 1706 of this title, the references to ‘‘date of enactment’’ in text shall be considered to be ref- ulate or improve navigation, or to provide for erences to Sept. 18, 2013, see section 1(b) of Pub. L. flood control or the production of power. 113–34, set out as a note under section 1705 of this title. (c) Navigational servitude and powers of regula- tion for purposes of commerce, navigation, § 1708. Discrimination prohibited in rights of ac- national defense, and international affairs cess to, and benefits from, conveyed lands The United States retains all of its naviga- No person shall be denied access to, or any of tional servitude and rights in and powers of reg- the benefits accruing from, the lands conveyed ulation and control of the lands conveyed by by this Act, or by the amendment made by this section 1705 of this title, and the navigable wa- Act, on the basis of race, religion, creed, color, ters overlying such lands, for the constitutional sex, national origin, or ancestry: Provided, how- purposes of commerce, navigation, national de- ever, That this section shall not be construed in fense, and international affairs, all of which derogation of any of the provisions of the April shall be paramount to, but shall not be deemed 17, 1900 cession of Tutuila and Aunuu or the July to include, proprietary rights of ownership, or 16, 1904 cession of the Manu’s Islands, as ratified the rights of management, administration, leas- by the Act of February 20, 1929 (45 Stat. 1253) and ing, use, and development of the lands and natu- the Act of May 22, 1929 (46 Stat. 4). ral resources which are specifically conveyed to (Pub. L. 93–435, § 6, Oct. 5, 1974, 88 Stat. 1212.) the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Is- REFERENCES IN TEXT lands, or American Samoa, as the case may be, This Act, referred to in text, is Pub. L. 93–435, Oct. 5, by section 1705 of this title. 1974, 88 Stat. 1210, as amended, which enacted sections § 1711 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 172

1705 to 1708 of this title, amended section 1545 of this the office of Delegate. If no candidate receives title, and repealed sections 1701 to 1703 of this title. For such majority, on the fourteenth day following complete classification of this Act to the Code, see such election a runoff election shall be held be- Tables. tween the candidates receiving the highest and The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. the second highest number of votes cast for the 93–435 to section 1545(b) of this title. office of Delegate. In case of a permanent va- Act of February 20, 1929, referred to in text, is act cancy in the office of Delegate, by reason of Feb. 20, 1929, ch. 281, 45 Stat. 1253, as amended, which death, resignation, or permanent disability, the enacted section 1661 of this title. office of Delegate shall remain vacant until a Act of May 22, 1929, referred to in text, is act May 22, successor shall have been elected and qualified. 1929, ch. 6, 46 Stat. 4, which amended section 1661 of this (b) The term of the Delegate shall commence title. on the third day of January following the date CHAPTER 16—DELEGATES TO CONGRESS of the election. SUBCHAPTER I—GUAM AND VIRGIN ISLANDS (Pub. L. 92–271, § 2, Apr. 10, 1972, 86 Stat. 119; Pub. L. 105–209, § 1, July 29, 1998, 112 Stat. 880.) Sec. 1711. Delegate to House of Representatives from AMENDMENTS Guam and Virgin Islands. 1712. Election of delegates; majority; runoff elec- 1998—Subsec. (a). Pub. L. 105–209 inserted ‘‘from the tion; vacancy; commencement of term. Virgin Islands’’ before ‘‘shall be elected at large’’ and 1713. Qualifications for Office of Delegate. inserted ‘‘The Delegate from Guam shall be elected at 1714. Territorial legislature; determination of elec- large and by a majority of the votes cast for the office tion procedure. of Delegate.’’ before ‘‘If no candidate receives such ma- 1715. Operation of Office; House privileges; com- jority’’. pensation, allowances, and benefits; privileges and immunities; voting in committee. § 1713. Qualifications for Office of Delegate SUBCHAPTER II—AMERICAN SAMOA To be eligible for the Office of Delegate a can- 1731. Delegate to House of Representatives from didate must— American Samoa. (a) be at least twenty-five years of age on 1732. Election of delegates. the date of the election, 1733. Qualifications for Office of Delegate. (b) have been a citizen of the United States 1734. Territorial government; determination of for at least seven years prior to the date of the election procedure. election, 1735. Operation of Office; compensation, allow- (c) be an inhabitant of the territory from ances, and benefits; privileges and immuni- which he is elected, and ties. (d) not be, on the date of the election, a can- SUBCHAPTER III—NORTHERN MARIANA ISLANDS didate for any other office. DELEGATE (Pub. L. 92–271, § 3, Apr. 10, 1972, 86 Stat. 119.) 1751. Delegate to House of Representatives from Commonwealth of the Northern Mariana Is- § 1714. Territorial legislature; determination of lands. 1752. Election of Delegate. election procedure 1753. Qualifications for office of Delegate. The legislature of each territory may deter- 1754. Determination of election procedure. mine the order of names on the ballot for elec- 1755. Compensation, privileges, and immunities. 1756. Lack of effect on covenant. tion of Delegate, the method by which a special 1757. Definition. election to fill a vacancy in the office of Dele- gate shall be conducted, the method by which SUBCHAPTER I—GUAM AND VIRGIN ties between candidates for the office of Dele- ISLANDS gate shall be resolved, and all other matters of local application pertaining to the election and § 1711. Delegate to House of Representatives the office of Delegate not otherwise expressly from Guam and Virgin Islands provided for herein. The territory of Guam and the territory of the (Pub. L. 92–271, § 4, Apr. 10, 1972, 86 Stat. 119.) Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate § 1715. Operation of Office; House privileges; to the House of Representatives, elected as here- compensation, allowances, and benefits; inafter provided. privileges and immunities; voting in commit- (Pub. L. 92–271, § 1, Apr. 10, 1972, 86 Stat. 118.) tee The Delegate from Guam and the Delegate § 1712. Election of delegates; majority; runoff from the Virgin Islands shall have such privi- election; vacancy; commencement of term leges in the House of Representatives as may be (a) The Delegate shall be elected by the people afforded him under the Rules of the House of qualified to vote for the members of the legisla- Representatives. Until the Rules of the House of ture of the territory he is to represent at the Representatives are amended to provide other- general election of 1972, and thereafter at such wise, the Delegate from each territory shall re- general election every second year thereafter. ceive the same compensation, allowances, and The Delegate from the Virgin Islands shall be benefits as a Member of the House of Represent- elected at large, by separate ballot and by a ma- atives, and shall be entitled to whatever privi- jority of the votes cast for the office of Dele- leges and immunities are, or hereinafter may be, gate. The Delegate from Guam shall be elected granted to the Resident Commissioner for Puer- at large and by a majority of the votes cast for to Rico: Provided, That the right to vote in com-