Legislación
US (United States) Code. Title 48. Chapter 15: Conveyance of submerged lands to territories
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48 USC CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO
TERRITORIES 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
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CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
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Sec.
1701 to 1703. Repealed.
1704. Concurrent jurisdiction; exceptions for national
defense purposes.
1705. Tidelands, submerged lands, or filled lands.
(a) Conveyance to Guam, Virgin Islands, and
American Samoa.
(b) Retention of certain lands and mineral rights
by United States.
(c) Submittal to Congressional committees of
proposals for conveyance of retained lands or
rights.
(d) Oil, gas, and other mineral deposits in
submerged lands conveyed to Guam, Virgin
Islands, and American Samoa; conveyance by
United States; existing leases, permits, etc.
1706. Reserved rights.
(a) Establishment of naval defense sea areas and
airspace reservations.
(b) Navigation; flood control; power production.
(c) Navigational servitude and powers of regulation
for purposes of commerce, navigation, national
defense, and international affairs.
(d) Status of lands beyond the three-mile limit.
1707. Payment of rents, royalties, and fees to local
government.
1708. Discrimination prohibited in rights of access to, and
benefits from, conveyed lands.
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48 USC Secs. 1701 to 1703 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
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Secs. 1701 to 1703. Repealed. Pub. L. 93-435, Sec. 5, Oct. 5, 1974,
88 Stat. 1212
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Section 1701, Pub. L. 88-183, Sec. 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.
Section 1702, Pub. L. 88-183, Sec. 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, Sec. 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.
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48 USC Sec. 1704 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
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Sec. 1704. Concurrent jurisdiction; exceptions for national defense
purposes
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(a) Except as otherwise provided by law, the governments of the
Virgin Islands, Guam, and American Samoa, shall have concurrent
civil and criminal jurisdiction with the United States with regard
to property owned, reserved, or controlled by the United States in
the Virgin Islands, Guam, and American Samoa respectively. A
judgment of conviction or acquittal on the merits under the laws of
Guam, the Virgin Islands, or American Samoa shall be a bar to any
prosecution under the criminal laws of the United States for the
same act or acts, and a judgment of conviction or acquittal on the
merits under the laws of the United States shall be a bar to any
prosecution under the laws of Guam, the Virgin Islands, or American
Samoa for the same act or acts.
(b) Notwithstanding the provisions of subsection (a) of this
section, the President may from time to time exclude from the
concurrent jurisdiction of the government of Guam persons found,
acts performed, and offenses committed on the property of the
United States which is under the control of the Secretary of
Defense to such extent and in such circumstances as he finds
required in the interest of the national defense.
-SOURCE-
(Pub. L. 88-183, Sec. 4, Nov. 20, 1963, 77 Stat. 339; Pub. L.
99-396, Sec. 3, Aug. 27, 1986, 100 Stat. 839.)
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REFERENCES IN TEXT
The criminal laws of the United States, referred to in subsec.
(a), are classified generally to Title 18, Crimes and Criminal
Procedure.
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AMENDMENTS
1986 - Subsec. (a). Pub. L. 99-396 amended first sentence
generally. Prior to amendment, first sentence read as follows:
"Except as otherwise provided in this section, the governments of
Guam, the Virgin Islands, and American Samoa, as the case may be,
shall have concurrent jurisdiction with the United States over
parties found, acts performed, and offenses committed on property
owned, reserved, or controlled by the United States in Guam, the
Virgin Islands, and American Samoa."
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48 USC Sec. 1705 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
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Sec. 1705. Tidelands, submerged lands, or filled lands
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(a) Conveyance to Guam, 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 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 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 October 5, 1974,
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);
(iv) all submerged lands filled in, built up, or otherwise
reclaimed by the United States, before October 5, 1974, for its
own use;
(v) all tracts or parcels of submerged land containing on any
part thereof any structures or improvements constructed by the
United States;
(vi) all submerged lands that have heretofore been determined
by the President or the Congress to be of such scientific,
scenic, or historic character as to warrant preservation and
administration under the provisions of sections 1, 2, 3, and 4 of
title 16;
(vii) all submerged lands designated by the President within
one hundred and twenty days after October 5, 1974;
(viii) all submerged lands that are within the administrative
responsibility of any agency or department of the United States
other than the Department of the Interior;
(ix) all submerged lands lawfully acquired by persons other
than the United States through purchase, gift, exchange, or
otherwise;
(x) all submerged lands within the Virgin Islands National Park
established by sections 398 to 398b of title 16, including the
lands described in sections 398c and 398d of title 16; and
(xi) all submerged lands within the Buck Island Reef National
Monument as described in Presidential Proclamation 3448 dated
December 28, 1961.
Upon request of the Governor of Guam, the Virgin Islands, or
American Samoa, the Secretary of the Interior may, with or without
reimbursement, and subject to the procedure specified in subsection
(c) of this section convey all right, title, and interest of the
United States in any of the lands described in clauses (ii), (iii),
(iv), (v), (vi), (vii), or (viii) of this subsection to the
government of Guam, the Virgin Islands, or American Samoa, as the
case may be, with the concurrence of the agency having custody
thereof.
(c) Submittal to Congressional committees of proposals for
conveyance of retained lands or rights
No conveyance shall be made by the Secretary pursuant to
subsection (a) or (b) of this section until the expiration of sixty
calendar days (excluding days on which the House of Representatives
or the Senate is not in session because of an adjournment of more
than three days to a day certain) from the date on which the
Secretary of the Interior submits to the Committee on Natural
Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate an explanatory statement
indicating the tract proposed to be conveyed and the need therefor,
unless prior to the expiration of such sixty calendar days both
committees inform the Secretary that they wish to take no action
with respect to the proposed conveyance.
(d) Oil, gas, and other mineral deposits in submerged lands
conveyed to Guam, Virgin Islands, and American Samoa; conveyance
by United States; existing leases, permits, etc.
(1) The Secretary of the Interior shall, not later than sixty
days after March 12, 1980, convey to the governments of Guam, the
Virgin Islands, and American Samoa, as the case may be, all right,
title, and interest of the United States in deposits of oil, gas,
and other minerals in the submerged lands conveyed to the
government of such territory by subsection (a) of this section.
(2) The conveyance of mineral deposits under paragraph (1) of
this subsection shall be subject to any existing lease, permit, or
other interest granted by the United States prior to the date of
such conveyance. All rentals, royalties, or fees which accrue after
such date of conveyance in connection with any such lease, permit,
or other interest shall be payable to the government of the
territory to which such mineral deposits are conveyed.
-SOURCE-
(Pub. L. 93-435, Sec. 1, Oct. 5, 1974, 88 Stat. 1210; Pub. L.
96-205, title VI, Sec. 607, Mar. 12, 1980, 94 Stat. 91; Pub. L.
103-437, Sec. 17(b), Nov. 2, 1994, 108 Stat. 4595.)
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REFERENCES IN TEXT
The authorization for the construction by the Navy of the
Ammunition Pier under the Military Construction Authorization Act,
1971, (84 Stat. 1204), as amended by section 201 of the Military
Construction Act, 1973 (86 Stat. 1135), referred to in subsec.
(b)(iii), is contained in section 201 of Pub. L. 91-511, Oct. 26,
1970, 84 Stat. 1204, as amended by section 201 of Pub. L. 92-545,
Oct. 25, 1972, 86 Stat. 1138, which is not classified to the Code.
Section 398b of title 16, referred to in subsec. (b)(x), was
repealed by Pub. L. 85-404, May 16, 1958, 72 Stat. 112.
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AMENDMENTS
1994 - Subsec. (c). Pub. L. 103-437 substituted "Committee on
Natural Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate" for "Committees on
Interior and Insular Affairs of the House of Representatives and
the Senate".
1980 - Subsec. (c). Pub. L. 96-205, Sec. 607(b), inserted
"subsection (a) or (b) of" before "this section".
Subsec. (d). Pub. L. 96-205, Sec. 607(a), added subsec. (d).
-CHANGE-
CHANGE OF NAME
Committee on Natural Resources of House of Representatives
treated as referring to Committee on Resources of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
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PROC. NO. 4346. RESERVING CERTAIN LANDS ADJACENT TO AND ENLARGING
BOUNDARIES OF BUCK ISLAND REEF NATIONAL MONUMENT IN VIRGIN ISLANDS
Proc. No. 4346, eff. Feb. 1, 1975, 40 F.R. 5127, as amended by
Proc. No. 4359, eff. Mar. 28, 1975, 40 F.R. 14565, provided:
The Buck Island Reef National Monument, situated off the
northeast coast of Saint Croix Island in the Virgin Islands of the
United States, was established by Proclamation No. 3443 of December
28, 1961 (76 Stat. 1441). It now has been determined that
approximately thirty acres of submerged land should be added to the
monument site in order to insure the proper care and management of
the shoals, rocks, undersea coral reef formations and other objects
of scientific and historical interest pertaining to this National
Monument.
These thirty acres of submerged lands are presently owned in fee
by the United States. They will be conveyed to the Government of
the Virgin Islands on February 3, 1975, pursuant to Section 1(a) of
Public Law 93-435 (88 Stat. 1210) [subsec. (a) of this section],
unless the President, under Section 1(b)(vii) of that Act [subsec.
(b)(vii) of this section], designates otherwise.
Under Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16
U.S.C. 431), the President is authorized to declare by public
Proclamation objects of historic or scientific interest that are
situated upon the lands owned or controlled by the Government of
the United States to be national monuments, and may reserve as a
part thereof parcels of land, the limits of which in all cases
shall be confined to the smallest area compatible with the proper
care and management of the objects to be protected. The
aforementioned thirty acres of submerged lands are contiguous to
the site of the Buck Island Reef National Monument, constitute a
part of the ecological community of the Buck Island Reef, and will
not enlarge the monument boundaries beyond the smallest area
compatible with its proper care and management.
NOW, THEREFORE, I, GERALD R. FORD, President of the United States
of America, by virtue of the authority vested in me by Section
1(b)(vii) of Public Law 93-435 (88 Stat. 1210) [subsec. (b)(vii) of
this section], do hereby proclaim that the lands hereinafter
described are excepted from the transfer to the Government of the
Virgin Islands under Section 1(a) of Public Law 93-435 [subsec. (a)
of this section]; and, by virtue of the authority vested in me by
Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431),
do hereby proclaim that, subject to valid existing rights, the
lands hereinafter described are hereby added to and made a part of
the Buck Island Reef National Monument, and Proclamation No. 3443
of December 28, 1961, establishing the Buck Island Reef National
Monument is amended accordingly.
Beginning at latitude 17G6º<!-- degrees -->4730 N.
longitude 64G6º<!-- degrees -->3632 W; thence approximately
1000 feet to latitude 17G6º<!-- degrees -->4727 N, longitude
64G6º<!-- degrees -->3622 W; thence approximately 900 feet to
latitude 17G6º<!-- degrees -->4718 N, longitude
64G6º<!-- degrees -->3622 W; thence approximately 1000 feet
to latitude 17G6º<!-- degrees -->4715 N, longitude
64G6º<!-- degrees -->3632 W; thence approximately 1500 feet
to latitude 17G6º<!-- degrees -->4730 N, longitude
64G6º<!-- degrees -->3632 W, then place of beginning,
embracing an area of approximately 30 acres.
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. 4347. RESERVING CERTAIN SUBMERGED LANDS ADJACENT TO ROSE
ATOLL NATIONAL WILDLIFE REFUGE IN AMERICAN SAMOA AND CERTAIN
SUBMERGED LANDS FOR DEFENSE NEEDS OF UNITED STATES IN GUAM AND
VIRGIN ISLANDS
Proc. No. 4347, eff. Feb. 1, 1975, 40 F.R. 5129, provided:
The submerged lands surrounding the Rose Atoll National Wildlife
Refuge in American Samoa are necessary for the protection of the
Atoll's marine life, including the green sea and hawksbill turtles.
The submerged lands in Apra Harbor and those adjacent to Inapsan
Beach and Urano Point in Guam, and certain submerged lands on the
west coast of St. Croix, United States Virgin Islands are required
for national defense purposes. These submerged lands in American
Samoa, Guam and the United States Virgin Islands will be conveyed
to the Government of those territories, on February 3, 1975,
pursuant to Section 1(a) of Public Law 93-435 (88 Stat. 1210)
[subsec. (a) of this section], unless the President, under Section
1(b)(vii) of that Act [subsec (b)(vii) of this section], designates
otherwise.
NOW, THEREFORE, I GERALD R. FORD, President of the United States
of America, by virtue of authority vested in me by Section
1(b)(vii) of Public Law 93-435 (88 Stat. 1210) [subsec. (b)(vii) of
this section], do hereby proclaim that the lands hereinafter
described are excepted from the transfer to the Government of
American Samoa, the Government of Guam and the Government of the
United States Virgin Islands under Section 1(a) of Public Law
93-425. [subsec. (a) of this section].
American Samoa. The submerged lands adjacent to Rose Atoll
located 78 miles east-southeast of Tau Island in the Manua Group at
latitude 14G6º<!-- degrees -->3252 south and longitude
168G6º<!-- degrees -->0834 west, which lands shall be under
the joint administrative jurisdiction of the Department of Commerce
and the Department of the Interior.
Guam. (1) The submerged lands of inner and outer Apra Harbor;
and, (2) the submerged lands adjacent to the following uplands: (a)
Unsurveyed land, Municipality of Machanao, Guam, as delineated on
Commander Naval Forces. Marianas Y & D Drawing Numbered 597-464,
lying between the seaward boundaries of 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 seaward 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 surveyed 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 administrative jurisdiction of
the Department of the Navy.
The Virgin Islands. (1) The submerged lands as described 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
17G6º<!-- degrees -->4030 N and ending at a point
17G6º<!-- degrees -->4630 North as depicted on Coast and
Geodetic Survey Chart Numbered 25250, Third Edition; Title: St.
Croix, Virgin Islands Underwater Range, and (3) the submerged lands
seaward of the Underwater Range Operational Control Center, St.
Croix, Virgin Islands presently leased to the Department 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1545, 1706, 1707, 1708 of
this title; title 16 section 1453; title 43 section 2102.
-End-
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48 USC Sec. 1706 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
-HEAD-
Sec. 1706. Reserved rights
-STATUTE-
(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, 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 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-
(Pub. L. 93-435, Sec. 2, Oct. 5, 1974, 88 Stat. 1211.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), and (d), is Pub. L.
93-435, Oct. 5, 1974, 88 Stat. 1210, as amended, 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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1545, 1707, 1708 of this
title.
-End-
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48 USC Sec. 1707 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
-HEAD-
Sec. 1707. Payment of rents, royalties, and fees to local
government
-STATUTE-
On and after October 5, 1974, all rents, royalties, or fees from
leases, permits, or use rights, issued prior to October 5, 1974, 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 damages
for trespass occupancies of such lands shall accrue and belong to
the appropriate local government under whose jurisdiction the land
is located.
-SOURCE-
(Pub. L. 93-435, Sec. 4, Oct. 5, 1974, 88 Stat. 1212.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 93-435, Oct. 5, 1974,
88 Stat. 1210, as amended, 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.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1545, 1706, 1708 of this
title.
-End-
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48 USC Sec. 1708 01/06/03
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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 15 - CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES
-HEAD-
Sec. 1708. Discrimination prohibited in rights of access to, and
benefits from, conveyed lands
-STATUTE-
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, however, 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).
-SOURCE-
(Pub. L. 93-435, Sec. 6, Oct. 5, 1974, 88 Stat. 1212.)
-REFTEXT-
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 93-435, Oct. 5, 1974,
88 Stat. 1210, as amended, 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.
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.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1545, 1706, 1707 of this
title.
-End-
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Idioma: | inglés |
País: | Estados Unidos |