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PUBLIC LAW 88-183-NOV. 20, 1963

Collection
Federal Reference
Sub-shelf
GovInfo
Kind
Reference Document
Date
1963-11-20
Pages
3
Text
Native Text
Identifiers
P.L. 88-183, P.L. 88-184, P.L. 88-185

338 PUBLIC LAW 88-183-NOV. 20, 1963 [77 STAT. November 20, 1963 [H. R. 2073] Public Law 88-183 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. Interior Depart- ment. Land convey- "Tidelands, submerged lands, or filled l a n d s . " Notification to congressional committees. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled^ That (a) upon the request of the Governor of Guam, the Governor of the Virgin Islands, or the Governor of American Samoa, the Secretary of the Interior is authorized to convey to the government of the territory concerned whatever right, title, or interest the LTnited States has in particular tracts of tidelands, submerged lands, or filled lands in or adjacent to the territory, subject to the limitations contained in this section. …

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338 PUBLIC LAW 88-183-NOV. 20, 1963 [77 STAT. November 20, 1963 [H. R. 2073] Public Law 88-183 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. Interior Depart- ment. Land convey- "Tidelands, submerged lands, or filled l a n d s . " Notification to congressional committees. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assemhled^ That (a) upon the request of the Governor of Guam, the Governor of the Virgin Islands, or the Governor of American Samoa, the Secretary of the Interior is authorized to convey to the government of the territory concerned whatever right, title, or interest the LTnited States has in particular tracts of tidelands, submerged lands, or filled lands in or adjacent to the territory, subject to the limitations contained in this section. The term "tidelands, submerged lands, or filled lands" means for the purj>oses of this Act all lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines of the territory, as heretofore or hereafter modified by accretion, ero- sion, and reliction, including artificially made, filled-in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters. (b) No conveyance shall be made pursuant to this section unless the land proposed to be conveyed is clearly required for specific economic development purposes or to satisfy a compelling public need. (c) No conveyance shall be made pursuant to this section until the expiration of sixty calendar days (exclusive of days on which the House of Eepresentatives 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 Representatives 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. (d) Conveyances pursuant to this section shall be subject to such terms and conditions as the Secretary of the Interior may deem appro- priate, and shall be made without reimbursement or with such reim- bursement as he may deem appropriate. (e) The governments of Guam, the Virgin Islands, and American Samoa shall have proprietary rights of ownership and the rights of management, administration, leasing, use, and the development of the lands conveyed pursuant to this section, but the Secretary of the Interior and such territorial governments shall not have the power or ri^ht to convey title to such lands unless the Secretary of the Interior (1) determines that such right to convey is necessary and (2) advises the committee of such determination in the manner described in subsection (c) of this section, and (3) unless the Secre- tary of the Interior, in proposing to convey such lands to such terri- torial governments, and such territorial governments in proposing to convey such lands to a third party or third parties pursuant to this section, shall publish notice of such proposed conveyance at least once a week for three weeks in a daily newspaper or newspapers of general circulation in the territory affected by the proposed con- veyance. Such published notice shall include the names of all parties to the proposed contract of conveyance, the purchase price, and a general summary of the boundaries of the tract or tracts proposed to be included in the conveyance. 77 STAT.] PUBLIC LAW 88-183-NOV. 20, 1963 339 (f) There shall be excepted from conveyances made pursuant to this section all deposits of oil, gas, and other minerals, but the term "minerals" shall not include sand, gravel, or coral. SEC. 2. (a) The Secretary of the Interior shall have administrative responsibility for all tidelands, submerged lands, or filled lands in or adjacent to Guam, the Virgin Islands, and American Samoa, except (1) lands conveyed pursuant to section 1 of this Act, (2) lands that are not owned by the Ignited States on the date of enactment of this Act, and (3) lands that are within the administrative responsibility of any other department or agency of the United States on the date of enactment of this Act, for so long as such condition continues. In exercising such authority, the Secretary may grant revocable permits, subject to such terms and conditions as he may deem appropriate, for the use, occupancy, and filling of such lands, and for the removal of sand, gravel, and coral therefrom. (b) Nothing contained in this section shall affect the authority heretofore conferred upon any department, agency, or officer of the United States with respect to the lands referred to in this section. SEC. 3. (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 which he deems 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 conveyed pursuant to section 1 of this Act and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or shall 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 a;nd powers of regulation and control of the lands conveyed pursuant to section 1 of this Act and the navigable waters overlying suOh 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 not in derogation of United States navigational servitude amd rights which are specifi- cally conveyed to the governments of Guam, the Virgin Islands, or American Samoa, as the case may be, pursuant to section 1 of this Act. SEC. 4. (a) Except as otherwise provided in this section, the gov- ernments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on prop- erty owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa. A judgment of convic- tion or acquittal on the merits under the laws of Guam, the Virgin Islands, or American Samoa shall be a bar to any prosecution under the criminal laws of the United States for the same act or acts, and a judgment of conviction or acquittal on the merits under the laws of the United States shall be a bar to any prosecution under the laws of Guam, the Virgin Islands, or American Samoa for the same act or acts. Administrative responsibility. Reservation of certain rights. Concurrent jurisdiction. 340 PUBLIC LAW 88-184-NOV. 20, 1963 [77 STAT. (b) Notwithstanding the provisions of subsection (a) of this sec- tion, the President may from time to time exclude from the con- current jurisdiction of the government of Guam persons found, acts performed, and offenses committed on the property of the United States which is under the control of the Secretary of Defense to such extent and in such circumstances as he finds required in the interest of the national defense. Approved November 20, 1963. Public Law 88-184 November 20, 1963 -^^ A C T [H. R. 3488] To provide for the striking of medals in (tommemoration of the one, hundred and fiftieth anniversary of the statehood of the State of Indiana. Be it enacted hy the Sendte and House of Representatives of the Indiana. United States of America in Congress assembled, That in commemora- iry°medarsr^'" ^^^^ ^^ ^^ ^^^^ huiidred aud fiftieth anniversary of the admission of the State of Indiana into the Union of the United States, the Secre- tary of the Treasury is authorized and directed to strike and furnish to the Indiana Sesquicentennial Commission not more than one hun- dred thousand medals with suitable emblems, devices, and inscriptions to be determined by the Indiana Sesquicentennial Commission, subject to the approval of the Secretary of the Treasury. The medals shall be made and delivered at such times as may be required by the' commission in quantities of not less than two thousand, but no medals shall be made after December 31,1966. SEC. 2. (a) The Secretary of the Treasury shall cause such medals to be struck and furnished at not less than the estimated cost of manu- facture, including labor, materials, dies, use of machinery, and over- head expenses; and security satisfactory to the Director of the Mint shall be furnished to indemnify the United States fOr the full pay- ment of such cost. (b) Upon authorization from the Indiana Sesquicentennial Com- mission, the Secretary of the Treasury shall cause duplicates of such medals to be coined and sold, under such regulations as he may pre- scribe, at a price sufficient to cover the cost thereof (including labor). SEC. 3. The medals shall be considered to be national medals within 31 use 368. the meaning of section 3551 of the Revised Statutes. The medals authorized to be issued pureuant to this Act shall be of such size and of such metals as shall be determined by the Secretary of the Treasury in consultation with the Indiana Sesquicentennial Commission. Approved November 20, 1963. ' Public Law 88-185 AN A C T November 20, 1963 J^^ ^ [H. R. 7193] To provide for the striking of medals in commemoration of the fiftieth anniver- sary of the founding of the first union health center in the United States by the International Ladies' Garment Workers' Union. Be it enacted hy the Senate and House of Representatives of the iLGwu, health United States of America in Congress assembled^ That, in com- center. memoratiou of the founding in 1914 by the International Ladies' savTrnldai.^^^ Garment Workers' Union of the first health center ever operated by a trade union in the LTnited States, thus creating a new conception of medical care for the worker which has been followed by many other