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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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