48 U.S.C. § 1705 — Tidelands, submerged lands, or filled

Page 174 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1695 § 1695. Federal education and health care pro- grams; nonapplicability or nonparticipation Notwithstanding any other provision of law, except in cases in which the Federal program is terminated with respect to all recipients under the program, Federal programs in the fields of education and health care shall not cease to apply to the Trust Territory of the Pacific Is- lands or any successor government or govern- ments, and shall continue to be available to the extent said territory or its successor or succes- sors are eligible to participate in such programs. Participation in any applicable Federal pro- grams in the fields of education and health care by the Trust Territory of the Pacific Islands or any successor government or governments shall not be denied, decreased or ended, either before or after the termination of the trusteeship, without the express approval of the United States Congress and shall continue at such lev- els as the Congress may provide in appropriation Acts. (Pub. L. 96–205, title I, § 104, Mar. 12, 1980, 94 Stat. 85; Pub. L. 96–597, title IV, § 403, Dec. 24, 1980, 94 Stat. 3479.) Editorial Notes AMENDMENTS 1980—Pub. L. 96–597 substituted ‘‘and shall continue to be available to the extent said territory or its suc- cessor or successors are eligible to participate in such programs. Participation’’ for ‘‘nor shall participation’’, ‘‘governments shall not be denied’’ for ‘‘governments be denied’’ and inserted ‘‘and shall continue at such levels as the Congress may provide in appropriation Acts.’’ after ‘‘United States Congress’’. CHAPTER 15—CONVEYANCE OF SUBMERGED LANDS TO TERRITORIES Sec. 1701 to 1703. Repealed. 1704. Concurrent jurisdiction; exceptions for na- tional defense purposes. 1705. Tidelands, submerged lands, or filled lands. 1706. Reserved rights. 1707. Payment of rents, royalties, and fees to local government. 1708. Discrimination prohibited in rights of access to, and benefits from, conveyed lands. §§ 1701 to 1703. Repealed. Pub. L. 93–435, § 5, Oct. 5, 1974, 88 Stat. 1212 Section 1701, Pub. L. 88–183, § 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, § 2, Nov. 20, 1963, 77 Stat. 339, related to administrative responsibility of Sec- retary 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, § 3, Nov. 20, 1963, 77 Stat. 339, related to certain rights reserved for the United States for purposes of defense, navigation, flood con- trol, commerce and international affairs. See section 1706 of this title. § 1704. Concurrent jurisdiction; exceptions for national defense purposes (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 con- trolled by the United States in the Virgin Is- lands, Guam, and American Samoa respectively. A judgment of conviction or acquittal on the merits under the laws of Guam, the Virgin Is- lands, 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 mer- its 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 sub- section (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 de- fense. (Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339; Pub. L. 99–396, § 3, Aug. 27, 1986, 100 Stat. 839.) Editorial Notes 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. AMENDMENTS 1986—Subsec. (a). Pub. L. 99–396 amended first sen- tence 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 Amer- ican Samoa.’’ § 1705. Tidelands, submerged lands, or filled lands (a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Is- lands, 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 wa- ters 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 terri- tories of Guam, the Commonwealth of the Northern Mariana Islands, 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 peri- odically covered by tidal waters, are hereby con- veyed to the governments of Guam, the Com- monwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the ben- efit of the people thereof. Page 175 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1705 1 See References in Text note below. (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 min- erals, but the term ‘‘minerals’’ shall not in- clude 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 prop- erty above the line of mean high tide acquired by the United States by eminent domain pro- ceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the con- struction 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, be- fore the date of enactment of this Act, 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 Con- gress to be of such scientific, scenic, or his- toric character as to warrant preservation and administration under the provisions of the Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved Au- gust 25, 1916 (16 U.S.C. 1 et seq.); 1 (vii) all submerged lands designated by the President within one hundred and twenty days after the date of enactment of this Act; (viii) all submerged lands that are within the administrative responsibility of any agen- cy 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 Is- lands National Park established by sections 398 to 398b of title 16, including the lands de- scribed in sections 398c and 398d of title 16; and (xi) all submerged lands within the Buck Is- land Reef National Monument as described in Presidential Proclamation 3448 dated Decem- ber 28, 1961. Upon request of the Governor of Guam, the Com- monwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, the Sec- retary of the Interior may, with or without re- imbursement, and subject to the procedure spec- ified 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 Commonwealth of the Northern Mariana Islands, the Virgin Is- lands, or American Samoa, as the case may be, with the concurrence of the agency having cus- tody 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 (ex- cluding days on which the House of Representa- tives 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 Sec- retary of the Interior submits to the Committee on Natural Resources of the House of Represent- atives and the Committee on Energy and Nat- ural 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 sub- merged lands conveyed to Guam, the Com- monwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa; convey- ance by United States; existing leases, per- mits, etc. (1) The Secretary of the Interior shall, not later than sixty days after the date of enact- ment of this subsection, convey to the govern- ments of Guam, the Commonwealth of the Northern Mariana Islands, 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. (Pub. L. 93–435, § 1, Oct. 5, 1974, 88 Stat. 1210; Pub. L. 96–205, title VI, § 607, Mar. 12, 1980, 94 Stat. 91; Pub. L. 103–437, § 17(b), Nov. 2, 1994, 108 Stat. 4595; Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) Editorial Notes REFERENCES IN TEXT The authorization for the construction by the Navy of the Ammunition Pier under the Military Construc- tion 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. The date of enactment of this Act, referred to in sub- sec. (b)(iii), (iv), and (vii), is the date of enactment of Pub. L. 93–435, which was approved Oct. 5, 1974. The Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 1916 (16 U.S.C. 1 et seq.), referred to in subsec. (b)(vi), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known Page 176 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1705 as the National Park Service Organic Act, which en- acted sections 1, 2, 3, and 4 of Title 16, Conservation, and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Proce- dure, and section 100101(a), chapter 1003, and sections 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, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54. Section 398b of title 16, referred to in subsec. (b)(x), was repealed by Pub. L. 85–404, May 16, 1958, 72 Stat. 112. The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 96–205, which was approved Mar. 12, 1980. AMENDMENTS 2013—Pub. L. 113–34 inserted ‘‘the Commonwealth of the Northern Mariana Islands,’’ after ‘‘Guam,’’ wher- ever appearing. 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Com- mittee on Natural Resources of the House of Represent- atives and the Committee on Energy and Natural Re- sources 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, § 607(b), inserted ‘‘subsection (a) or (b) of’’ before ‘‘this section’’. Subsec. (d). Pub. L. 96–205, § 607(a), added subsec. (d). Statutory Notes and Related Subsidiaries REFERENCES TO ‘‘DATE OF ENACTMENT’’ Pub. L. 113–34, § 1(b), Sept. 18, 2013, 127 Stat. 518, pro- vided that: ‘‘For the purposes of the amendment made by subsection (a) [amending this section and section 1706 of this title], each reference in Public Law 93–435 [see Tables for classification] to the ‘date of enact- ment’ shall be considered to be a reference to the date of the enactment of this section [Sept. 18, 2013].’’ Executive Documents PROC. NO. 4346. RESERVING CERTAIN LANDS ADJACENT TO AND ENLARGING BOUNDARIES OF BUCK ISLAND REEF NA- TIONAL MONUMENT IN VIRGIN ISLANDS Proc. No. 4346, eff. Feb. 1, 1975, 40 F.R. 5127, as amend- ed by Proc. No. 4359, eff. Mar. 28, 1975, 40 F.R. 14565, pro- vided: The Buck Island Reef National Monument, situated off the northeast coast of Saint Croix Island in the Vir- gin 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 histor- ical interest pertaining to this National Monument. These thirty acres of submerged lands are presently owned in fee by the United States. They will be con- veyed to the Government of the Virgin Islands on Feb- ruary 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 [sub- sec. (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) [see 54 U.S.C. 320301(a)–(c)], 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 au- thority 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) [see 54 U.S.C. 320301(a)–(c)], 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 17°47′30′′ N. longitude 64°36′32′′ W; thence approximately 1000 feet to latitude 17°47′27′′ N, longitude 64°36′22′′ W; thence approximately 900 feet to latitude 17°47′18′′ N, longitude 64°36′22′′ W; thence ap- proximately 1000 feet to latitude 17°47′15′′ N, longitude 64°36′32′′ W; thence approximately 1500 feet to latitude 17°47′30′′ N, longitude 64°36′32′′ W, then place of begin- ning, 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 Na- tional Wildlife Refuge in American Samoa are nec- essary for the protection of the Atoll’s marine life, in- cluding the green sea and hawksbill turtles. The sub- merged 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 con- veyed to the Government of those territories, on Feb- ruary 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 [sub- sec (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 ex- cepted from the transfer to the Government of Amer- ican Samoa, the Government of Guam and the Govern- ment 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 Is- land in the Manua Group at latitude 14°32′52′′ south and longitude 168°08′34′′ 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, Munici- pality of Machanao, Guam, as delineated on Com- mander Naval Forces. Marianas Y & D Drawing Num- bered 597–464, lying between the seaward boundaries of 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