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 sections 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 of Decisions
United States v. Ayala Ayala, 289 F.3d 16 (1st Cir. 2002).
· cites it 5× “In their view, the South Salinas Finger is not part of a “military, naval, or Coast Guard reservation,” but instead is “submerged land[ ]” which has been placed “under the control of the government of Puerto Rico” pursuant to 48 U.S.C. § 749 . Our review of the district court’s…”
Catlin (Syndicate 2003) at Lloyd's v. San Juan Towing & Marine Servs., Inc., 778 F.3d 69 (1st Cir. 2015).
· cites it 3× “SJT contends that Section 1110 of the Code contains specific provisions that address the issue of whether representations made during negotiations to obtain insurance coverage affect an insured’s ability to collect on a policy. SJT alleges that these statutory provisions…”
United States v. Manuel Rivera Torres, 826 F.2d 151 (1st Cir. 1987).
· cites it 3× “” 1 In Section 8 of the PRA, 48 U.S.C. § 749 , “[t]he harbor areas and navigable streams and bodies of water .”
Feliciano v. United States, 297 F. Supp. 1356 (D.P.R. 1969).
· cites it 6× “The retention of congressional power to legislate in regard to Puerto Rican waters is spelled out in the underlined language of 48 U.S.C. § 749 , supra, “All laws of the United States for the protection and improvement of the navigable waters of the United States and the…”
United States v. Luis Ramirez Ferrer, 613 F.2d 1188 (1st Cir. 1980).
· cites it 2× “6 Therefore, rather than again detail the history of the federal and Puerto Rican legislation involved in our decision in Guerrido , we will focus on the key provision in the federal legislation— Section 8 of the Jones Act, 48 U.S.C. § 749 . While section 8 of the Jones Act…”
TAG/ICIB Servs., Inc. v. Pan Am. Grain Co., 215 F.3d 172 (1st Cir. 2000).
“48 U.S.C. § 749 ; see also id. § 734 (providing, in *178 relevant part, that “[t]he statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United…”
Carmen Lusson v. James Carter, 704 F.2d 646 (1st Cir. 1983).
“This appeal is the result of another attempt by Puerto Rican plaintiffs to persuade us that section 8 of the Federal Relations Act, 48 U.S.C. § 749 , which authorizes Puerto Rico to displace federal maritime remedies with its own compensation scheme for maritime employees…”
United States v. Zenon-Encarnacion, 185 F. Supp. 2d 127 (D.P.R. 2001).
· cites it 3× “Specifically, 48 U.S.C. § 749 is the statute that confers local maritime jurisdiction on the Commonwealth of Puerto Rico.”
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