A bill to place certain submerged lands within the jurisdiction of the governments of Guam, the Virgin Islands, and American Samoa, and for other purposes.
PL 93-435 (H.R.11559), enacted 10/05/1974

1210 
PUBLIC LAW 93-435-OCT. 5, 1974 
[88 STAT. 
Public Law 93-435 
Octobers, 1974 
A N A C T 
TH R 11S591 
—^ • • 
i— To place certain submerged lands within the jurisdiction of the governments of 
Guam, the Virgin Islands, and American Samoa, and for other purposes. 
Guam, the Vir 
gin Islands, and 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., That (a) subject to 
American Samoa. Valid existiiig rights, all right, title, and interest of the United States 
1 ^d^^^o^^t 
^^ lands permanently or periodically covered by tidal waters up to 
an"e.' 
^ 
but uot above the line of mean high tide and seaward to a line three 
48 use 1705. 
geographical miles distant from the coastlines of the territories of 
Guam, the Virgin Islands, and American Samoa, as heretofore or here-
after modified by accretion, erosion, and reliction, and in artificially 
made, filled in, or reclaimed lands which were formerly permanently or 
periodically covered by tidal waters, are hereby conveyed to the 
governments of Guam, the Virgin Islands, and American Samoa, as 
the case may be, to be administered in trust for the benefit of the people 
thereof. 
and^mkiTrif"'^^ 
(b) Thcrc are excepted from the transfer made by subsection (a) 
rights, retention 
llCrCOf 
^^ "•^" 
(i) all deposits of oil, gas, and other minerals, but the term 
"minerals'" shall not include coral, sand, and gravel; 
(ii) all submerged lands adjacent to property owned by the 
United States above the line of mean high tide; 
(iii) all submerged lands adjacent to property above the line 
of mean high tide acquired by the United States by eminent 
domain proceedings, purchase, exchange, or gift, after the date 
of enactment of this Act, as required for completion of the Depart-
ment of the Navy Land Acquisition Project relative to the con-
struction of the Ammunition Pier authorized by the Military 
Construction Authorization Act, 1971 (84 Stat. 1204), as amended 
by section 201 of the Military Construction Act, 1978 (86 Stat. 
1135) ; 
(iv) all submerged lands filled in, built up, or otherwise 
reclaimed by the United States, before the date of enactment 
of this Act, for its own use; 
(v) all tracts or parcels of submerged land containing on any 
part thereof any structures or improvements constructed by the 
Ignited States; 
(vi) all submerged lands that have heretofore been determined 
by the President or the Congress to be of such scientific, scenic, 
or historic character as to warrant preservation and administra-
tion under the provisions of the Act entitled "An Act to establish 
a National Park Service, and for other purposes", approved 
August 25, 1916 (16 U.S.C. 1 et seq.) ; 
(vii) all submerged lands designated by the President within 
one hundred and twenty days after the date of enactment of this 
Act; 
(viii) all submerged lands that are within the administrative 
responsibility of any agency or department of the United States 
other than the Department of the Interior; 
(ix) all submerged lands lawfully acquired by persons other 
than the United States through purchase, gift, exchange, or 
otherwise; 
(x) all submerged lands within the Virgin Islands National 
Park established by the Act of August 2, 1956 (16 U.S.C. 398 
et seq.), including the lands described in the Act of October 5, 
1962 (16 U.S.C. 398c-398d) ; and 
88 STAT. 
PUBLIC LAW 93-435-OCT. 5, 1974 
1211 
(xi) 
all submerged lands within the Buck Island Reef 
National Monument as described in Presidential Proclamation 
3448 dated December 28, 1961. 
Upon request of the Governor of Guam, the Virgin Islands, or Ameri-
can Samoa, the Secretary of the Interior may, with or without reim-
bursement, and subject to the procedure specified in subsection (c) of 
this section convey all right, title, and interest of the United States 
in any of the lands described in clauses (ii), (iii), (iv), (v), (vi), 
(vii), or (viii) of this subsection to the government of Guam, the 
Virgin Islands, or American Samoa, as the case may be, with the 
concurrence of the agency having custody thereof. 
(c) No conveyance shall be made by the Secretary pursuant to this 
section until the expiration of sixty calendar days (excluding days 
on which the House of Representatives or the Senate is not in session 
because of an adjournment of more than three days to a day certain) 
from the date on which the Secretary of the Interior submits to the 
Committees on Interior and Insular Affairs of the House of Repre-
sentatives and the Senate an explanatory statement indicating the 
tract proposed to be conveyed and the need therefor, unless prior 
to the expiration of such sixty calendar days both committees inform 
the Secretary that they wish to take no action with respect to the 
proposed conveyance. 
SEC. 2. (a) Nothing in this Act shall affect the right of the Presi-
dent to establish naval defensive sea areas and naval airspace reserva-
tions 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, improve-
ment, 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 con-
strued as the release or relinquishment of any rights of the United 
States arising under the constitutional authority of Congress to regu-
late 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 para-
mount 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 specifi-
cally 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. 
SEC. 3. Subsection (b) of section 31 of the Revised Organic Act of 
the Virgin Islands (48 U.S.C. 1545(b)) is amended to read as follows : 
"(b) All right, title, and interest of the United States in the prop-
erty placed under the control of the government of the Virgin Islands 
by section 4(a) of the Organic Act of the Virgin Islands of the United 
States (48 U.S.C. 1405c(a)), not reserved to the United States by 
the Secretary of the Interior within one hundred and twenty days after 
the date of enactment of this subsection, is hereby conveyed to such 
government. The conveyance effected by the preceding sentence shall 
not apply to that land and other property which on the date of enact-
ment of this subsection is administered by the Secretary of the Interior 
76 Stat. 1441. 
16 u s e 431 
note. 
Conveyances, 
explanatory 
statement, sub-
mittal to con-
gressional com-
mittees. 
Land and navi-
gable waters. 
48 u s e 1706. 
Virgin Islands, 
public property. 
1212 
PUBLIC LAW 93-436-OCT. 5, 1974 
[88 STAT. 
as part of the National Park System and such lands and other property 
shall be retained by the LTnited States.". 
ie^s^and'feTs"^' 
^^^' ^' ^"^ ^^^ after the date of enactment of this Act, all rents, 
payment to local 
royaltles, or fees from leases, permits, or use rights, issued prior to 
government. 
such date of euactmeut by the United States with respect to the land 
48 use 1707. 
conveyed by this Act, or by the amendment made by this Act, and 
rights of action for damages for trespass occupancies of such lands 
shall accrue and belong to the appropriate local government under 
whose jurisdiction the land is located. 
^^^^^^^" 
SEC. 5. The first section, and sections 2 and 3 of the Act entitled 
""An Act to authorize the Secretary of the Interior to convey certain 
submerged lands to the governments of Guam, the Virgin Islands, and 
American Samoa, and for other purposes", approved November 20, 
1963 (48 U.S.C. 1701-1703), are repealed. 
SEC. 6. No person shall be denied access to, or any of the benefits 
48 use 1708. 
accruing from, the lands conveyed by this Act, or by the amendment 
made by this Act, on the basis of race, religion, creed, color, sex, 
national origin, or ancestry: Provided^ however, That this section 
shall not be construed in derogation of any of the provisions of the 
April 17, 1900 cession of Tutuila and Aunuu or the July 16, 1904 
cession of the Manu's Islands, as ratified by the Act of February 20, 
48 use 1661. 
1929 (45 Stat. 1253) and the Act of May 22, 1929 (46 Stat. 4). 
Approved October 5, 1974. 
Public Law 93-436 
October 5, 1974 
^^ 
^ ^ ^ 
[s. 3320] 
TQ extend the appropriation autliorization for reporting of weather modification 
activities. 
Nondiscrimina-
tion 
Weather modifi-
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 6 of the 
'^''Ap°^ropri°a'ti'rn^,' 
Act entitled "An Act to provide for the reporting of weather modi-
extension, 
fication activities to the Federal Government", approved December 18, 
1971 (15 U.S.C. 330e), is amended by striking out "ending June 30, 
1973, and June 30, 1974," and inserting in lieu thereof "1973, 1974, 
1975, 1976, and 1977,". 
Approved October 5, 1974. 
Public Law 93-437 
October 8, 1974 
A N A C T 
[H- R-16243] 
Maliing appropriations for the Department of Defense for the fiscal year ending 
June 30, 1975, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
Department o
f 
United Sttttcs of America in Congress assembled. That the following 
D e f e n s e Appro- 
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e 
-
i
m 
i 
• 
priation Act, 1975. sums are appropriated, out or any money m the Treasury not otherwise 
appropriated, for the fiscal year ending June 30, 1975, for military 
functions administered by the Department of Defense, and for other 
purposes, namely: