Page:United States Statutes at Large Volume 67.djvu/68

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32

PUBLIC LAW 3l-MAY 22, 1953

[67 S T A T.

SEC. 5. EXCEPTIONS FROM OPERATION OF SECTION 3 OF T H I S ACT. —

There is excepted from the operation of section 3 of this Act— (a) all tracts or parcels of land together with all accretions thereto, resources therein, or improvements thereon, title to which has been lawfully and expressly acquired by the United States from any State or from any person in whom title had vested under the law of the State or of the United States, and all lands which the United States lawfully holds under the law of the State; all lands expressly retained by or ceded to the United States when the State entered the Union (otherwise than by a general retention or cession of lands underlying the marginal sea); all lands acquired by the United States by eminent domain proceedings, purchase, cession, gift, or otherwise in a proprietary capacity; all lands filled in, built up, or otherwise reclaimed by the United States for its own use; and any rights the United States has in lands presently and actually occupied by the United States under claim of right; (b) such lands beneath navigable waters held, or any interest in which is held by the United States for the benefit of any tribe, band, or group of Indians or for individual Indians; and (c) all structures and improvements constructed by the United States in the exercise of its navigational servitude. SEC. 6. POWERS KETAINED BY THE UNITED STATES.—(a) The United States retains all its navigational servitude and rights in and powers of regulation and control of said lands and navigable waters 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 recognized, confirmed, established, and vested in and assigned to the respective States and others by section 3 of this Act. (b) I n time of war or when necessary for national defense, and the Congress or the President shall so prescribe, the United States shall have the right of first refusal to purchase at the prevailing market price, all or any portion of the said natural resources, or to acquire and use any portion of said lands by proceeding in accordance with due process of law and paying just compensation therefor. Tilf^4«id ^sis^^ ^^^' '^- Nothing in this Act shall be deemed to amend, modify, or 30 USC 35736, 38. repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 3 3 tfscVol^"' Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), lldAo'?es, yosi a^^ December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or 709; 43 USC 321- supplementary thereto. l^rh-^^g's^plllim. SEC. 8. Nothing contained in this Act shall affect such rights, if 661, 766. ^^y^ ag j^ay have been acquired under any law of the United States by any person in lands subject to this Act and such rights, if any, shall be governed by the law in effect at the time they may have been acquired: Provided, however, That nothing contained in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that the law under which such rights may be claimed in fact or in law applies to the lands subject to this Act, or authorizes or compels the granting of such rights in such lands, and that the determination of the applicability or effect of such law shall be unaffected by anything contained in this Act. wa^d'orcontine^ ^^^- ^- Nothing iu this Act shall be deemed to affect in any wise tai Shelf. the rights of the United States to the natural resources of that portion of the subsoil and seabed of the Continental Shelf lying seaward and outside of the area of lands beneath navigable waters, as defined in section 2 hereof, all of which natural resources appertain to the United