m 



Sec. 5. Exceptions From Operation op Section 3 of This 

 Act. — There is excepted from the operation of section 3 of this 

 Act— 



(a) all tracts or parcels of land together with all ac- 

 cretions 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 i>erson 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 re- 

 tained by or ceded to the United States when the State en- 

 tered 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 proceed- 

 ings, 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 In- 

 dians ; and 



(c) all structures and improvements constructed by the 

 United States in the exercise of its navigational servitude. 



Sec. 6. Powers Retained 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) In 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. 



Sec 7. Nothing in this Act shall be deemed to fonend, modify, 

 or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9. 1870 

 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 

 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts 

 amendatory thereof or supplementary thereto. 



Sec 8. Nothing contained in this Act shall affect such rights, 

 if any, as may 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, lioxcever, Tliat nothing con- 

 tained 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 grant- 

 ing of such rights in such lands, and that the determination of 

 the applicability or effect of such law shall be unaffected by any- 

 thing contained in this Act. 



Sec 9. Nothing in this Act shall be deemed to affect in any 

 wise 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 re- 

 sources appertain to the United States, and the jurisdiction and 

 control of which by the United States is hereby confirmed. 



5 use 485 ; 

 16 use 460d. 

 82os; 30 USC 

 35, 36, 38, 43, 

 46, 47, 51, 52, 

 33 use 701a-l 

 701c, 701f, 

 701j and notes 

 708, 709 ; 43 

 use 321-323, 

 325, 327-329, 

 372-498 passim 

 661, 766. 



Resources 

 seaward of 

 eontinental 

 Shelf. 



