Laws: Cases and Codes : U.S. Code : Title 48 : Section 749


   
U.S. Code as of: 01/19/04
Section 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 purposes, are placed under the control of the
    government of Puerto Rico, to be administered in the same manner
    and subject to the same limitations 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 waters. Nothing in this chapter contained
    shall be construed so as to affect or impair in any manner the
    terms or conditions of any authorizations, permits, or other powers
    lawfully granted or exercised or in respect of said waters and
    submerged 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. Notwithstanding
    any other provision of law, as used in this section (1) "submerged
    lands underlying navigable bodies of water" include lands
    permanently 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) "navigable bodies of water and submerged lands
    underlying the same in and around the island of Puerto Rico and the
    adjacent islands and waters" extend from the coastline of the
    island of Puerto Rico and the adjacent islands as heretofore or
    hereafter modified by accretion, erosion, 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 bodies of water in and around the island of Puerto Rico
    and the adjacent islands and waters, and the natural resources
    underlying such submerged lands and waters, and includes
    proprietary rights of ownership, and the rights of management,
    administration, leasing, use, and development of such natural
    resources and submerged lands beneath such waters.



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