Title 48Territories and Insular PossessionsRelease 119-73

§1405c Transfer of property to government

Title 48 › Chapter CHAPTER 7— - VIRGIN ISLANDS › Subchapter SUBCHAPTER II— - CIVIL GOVERNMENT › § 1405c

Last updated Apr 6, 2026|Official source

Summary

Gives the Government of the Virgin Islands control of all property the United States got from Denmark under the August 4, 1916 convention, except property that the United States kept for public use before June 22, 1937. Makes most U.S. rules for protecting and improving navigable waters apply in the Virgin Islands. Federal rules that charge tonnage duties, light money, or entrance and clearance fees do not apply there. The Virgin Islands legislature can pass local navigation, boat inspection, and safety laws. The President can also make U.S. navigation, vessel inspection, and coastwise laws apply to the islands if he finds it necessary for the public interest; if those federal-applied laws conflict with local laws, the local laws have no effect. Nothing here changes any permits, authorizations, or powers already lawfully given or used by U.S. officers in the Virgin Islands.

Full Legal Text

Title 48, §1405c

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)All property which may have been acquired by the United States from Denmark in the Virgin Islands under the convention entered into August 4, 1916, not reserved by the United States for public purposes prior to June 22, 1937, is placed under the control of the Government of the Virgin Islands.
(b)Except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States shall apply to the Virgin Islands.
(c)No Federal laws levying tonnage duties, light money, or entrance and clearance fees shall apply to the Virgin Islands.
(d)The legislature of the Virgin Islands shall have power to enact navigation, boat inspection, and safety laws of local application; but the President shall have power to make applicable to the Virgin Islands such of the navigation, vessel inspection, and coastwise laws of the United States as he may find and declare to be necessary in the public interest, and, to the extent that the laws so made applicable conflict with any laws of local application enacted by the legislature, such laws enacted by the legislature shall have no force and effect.
(e)Nothing in this subchapter shall be construed to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer or agent of the United States.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (d). Pub. L. 97–357 substituted “legislature” for “Legislative Assembly” wherever appearing. 1951—Subsec. (f). Act Oct. 31, 1951, repealed subsec. (f) which authorized the Secretary of the Interior to lease or sell any property under his administrative supervision in the Virgin Islands not needed for public purposes. 1939—Act Aug. 7, 1939, designated existing provisions as subsecs. (a), (b), (e), and (f) and added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Construction

of Virgin Islands Projects by Secretary of the Army Pub. L. 101–640, title IV, § 406, Nov. 28, 1990, 104 Stat. 4647, provided that: “(a) General Rule.—Upon request of the Governor of the Virgin Islands with respect to a

Construction

project in the Virgin Islands for which Federal financial assistance is available under any law of the United States, the Federal official administering such assistance may make such assistance available to the Secretary instead of the Virgin Islands. The Secretary shall use such assistance to carry out such project in accordance with the provisions of such law. “(b) Limitation on Statutory

Construction

.—Nothing in this section shall be construed as relieving the Virgin Islands from complying with any requirements for non-Federal cooperation with respect to a

Construction

project carried out with Federal financial assistance provided to the Secretary pursuant to this section; except that the Secretary shall be responsible for complying with administrative and fiscal requirements associated with utilization of such assistance. “(c) Termination Date.—Subsection (a) shall not be effective after the last day of the 3-year period beginning on the date of the enactment of this Act [Nov. 28, 1990]; except that the Secretary shall complete

Construction

of any project commenced under subsection (a) before such day.”

Executive Documents

Ex. Ord. No. 9170. Certain Navigation Laws Made Applicable to Virgin Islands Ex. Ord. No. 9170, eff.
May 21, 1942, 7 F.R. 384, provided in part: It is ordered that all of the navigation and vessel inspection laws of the United States be, and they are hereby, made applicable to the Virgin Islands of the United States, with the following exceptions: (1) The coastwise laws of the United States. (2) The act of Congress approved
June 7, 1897 (30 Stat. 96), as amended by the acts of
February 19, 1900 (31 Stat. 30),
May 25, 1914 (38 Stat. 381),
March 1, 1933 (47 Stat. 1417), Aug. 21, 1935 (49 Stat. 668, 669),
May 20, 1936 (49 Stat. 1367), and
April 22, 1940 (54 Stat. 150). (3) So much of the vessel inspection laws of the United States as requires the inspection as a passenger vessel of any cargo vessel, foreign or domestic, when carrying more than twelve passengers or persons in addition to the crew. (4) Federal laws levying tonnage duties, light money, or entrance and clearance fees.

Reference

Citations & Metadata

Citation

48 U.S.C. § 1405c

Title 48Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73