48 U.S.C. § 749 — Harbors and navigable waters transferred;

Page 64 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 749 (Mar. 2, 1917, ch. 145, § 7, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes CODIFICATION Section is comprised of proviso clause of section 7 of act Mar. 2, 1917. The text preceding the proviso clause of section 7 is classified to section 747 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of the Interior of author- ity vested in President by this section, see Ex. Ord. No. 10250, eff. June 5, 1951, 16 F.R. 5385, set out under sec- tion 301 of Title 3, The President. § 749. Harbors and navigable waters transferred; definitions The harbor areas and navigable streams and bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the adjacent islands and waters, owned by the United States on March 2, 1917, and not reserved by the United States for public pur- poses, are placed under the control of the gov- ernment of Puerto Rico, to be administered in the same manner and subject to the same limi- tations as the property enumerated in sections 747 and 748 of this title. All laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said island and waters and to its adjacent islands and wa- ters. Nothing in this chapter contained shall be construed so as to affect or impair in any man- ner the terms or conditions of any authoriza- tions, permits, or other powers lawfully granted or exercised or in respect of said waters and sub- merged lands in and surrounding said island and its adjacent islands by the Secretary of the Army or other authorized officer or agent of the United States prior to March 2, 1917. Notwith- standing any other provision of law, as used in this section (1) ‘‘submerged lands underlying navigable bodies of water’’ include lands perma- nently or periodically covered by tidal waters up to but not above the line of mean high tide, all lands underlying the navigable bodies of water in and around the island of Puerto Rico and the adjacent islands, and all artificially made, filled in, or reclaimed lands which formerly were lands beneath navigable bodies of water; (2) ‘‘navi- gable bodies of water and submerged lands un- derlying the same in and around the island of Puerto Rico and the adjacent islands and wa- ters’’ extend from the coastline of the island of Puerto Rico and the adjacent islands as here- tofore or hereafter modified by accretion, ero- sion, or reliction, seaward to a distance of three marine leagues; (3) ‘‘control’’ includes all right, title, and interest in and to and jurisdiction and authority over the submerged lands underlying the harbor areas and navigable streams and bod- ies of water in and around the island of Puerto Rico and the adjacent islands and waters, and the natural resources underlying such sub- merged lands and waters, and includes propri- etary rights of ownership, and the rights of man- agement, administration, leasing, use, and de- velopment of such natural resources and sub- merged lands beneath such waters. (Mar. 2, 1917, ch. 145, § 8, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158; July 26, 1947, ch. 343, title II, § 205(a), 61 Stat. 501; Pub. L. 96–205, title VI, § 606(a), Mar. 12, 1980, 94 Stat. 91.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables. CODIFICATION A further provision of section 8 of act Mar. 2, 1917, re- pealing act June 11, 1906, ch. 3075, 34 Stat. 234, and all other laws or parts of laws in conflict herewith was omitted. AMENDMENTS 1980—Pub. L. 96–205 inserted provisions defining terms used in this section. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. Department of War designated Department of the Army and title of Secretary of War changed to Sec- retary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- acted ‘‘Title 10, Armed Forces’’ which in sections 3010 to 3013 continued Department of the Army under ad- ministrative supervision of Secretary of the Army. § 750. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Section, acts Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; Mar. 4, 1927, ch. 503, § 6, 44 Stat. 1420; June 24, 1948, ch. 610, § 7, 62 Stat. 580, related to grants of franchises, pub- lic service commission, etc. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 25, 1952, see note set out under section 732 of this title. § 751. Interstate commerce and certain other laws inapplicable to Puerto Rico Subtitle IV of title 49, and the Safety Appli- ance Acts and the several amendments made or to be made thereto, shall not apply to Puerto Rico. (Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; Mar. 4, 1927, ch. 503, § 6, 44 Stat. 1421; May 17, 1932, ch. 190, 47 Stat. 158.)