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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 of United Sttttcs of America in Congress assembled. That the following D e f e n s e Appro- • i ^ A^ 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: