§749 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

The United States put the harbors, navigable streams, waters, and the underwater land around Puerto Rico and its nearby islands that the U.S. owned on March 2, 1917, and had not kept for federal use, under the control of the government of Puerto Rico. Puerto Rico must manage those areas the same way and under the same limits as the similar federal properties listed in sections 747 and 748. U.S. laws that protect and improve navigable waters and that preserve navigation and commerce apply there unless they clearly do not fit locally. Any permits or powers given by the Secretary of the Army or other U.S. officials before March 2, 1917 remain in effect. Definitions: "submerged lands underlying navigable bodies of water" — lands covered by tides up to but not above the mean high tide line, all lands under the navigable waters around Puerto Rico and nearby islands, and any filled or reclaimed land that used to be under those waters. "navigable bodies of water and submerged lands" — the area from the coastline (as changed by buildup, erosion, or drying) seaward to three marine leagues. "control" — ownership and full authority to manage, lease, use, and develop those submerged lands and their natural resources.

Title 48, §749

Territories and Insular Possessions — Source: USLM XML via OLRC

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 section 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.

Notes & Related Subsidiaries

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, repealing 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 section 731a of this title. Department of War designated Department of the Army and title of Secretary of War changed to Secretary 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, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

§749 Harbors and Navigable Waters Transferred; Definitions