§ 1706. Reserved rights

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–435 § 2 · 88 Stat. 1210

   Enacted · 48 U.S.C. § 1706

   Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211

   Source evidence

   Code source credit
   Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211

   Enacted provision · exact public law section
   Sec. 2. (a) Nothing in this Act shall affect the right of the President Land and navigable waters, use. 48 USC 1706. to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, American Samoa, and the Virgin Islands when deemed necessary for national defense. (b) Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by the first section of this Act, 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 regulate or improve navigation, or to provide for flood control or the production of power. (c) The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by the first section of this Act, and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically conveyed to the government of Guam, the Virgin Islands, or American Samoa, as the case may be, by the first section of this Act. (d) Nothing in this Act shall affect the status of lands beyond the three-mile limit described in section 1 of this Act.

2. 2013

   Pub. L. 113–34 § 1(a) · 127 Stat. 518

   Inserted · 48 U.S.C. § 1706(a); 48 U.S.C. § 1706(c)

   Pub. L. 113–34 inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,”

   Source evidence

   Code amendment note
   Subsecs. (a), (c). Pub. L. 113–34 inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,”.

   Enacted provision · exact public law section
   (a) In General.— The first section and section 2 of Public Law 93–435 (48 U.S.C. 1705, 1706) are amended by inserting “the Commonwealth of the Northern Mariana Islands,” after “Guam,” each place it appears.

2 of 2 references resolved to an enrolled provision