Page:United States Statutes at Large Volume 71.djvu/660

 624

Restrictions.

Submerged lands Act, effect. 43 USC 1301.

Exceptions.

PUBLIC LAW 8 5 - 3 0 3 - S E P T. 7, 1957

[71

ST A T.

ence right to the occupant of the tract. Where the tract is occupied by a person other than the owner of the improvements thereon, the owner of the improvements shall, for the purposes of this subsection, be considered the occupant of the tract: Provided, That all oil, gas, or other minerals shall be reserved to the Territory in the event that any part or all of said granted lands are sold or disposed of to a political subdivision or to any other person or organization, such minerals to be subject to exploitation under mineral lease from the Territory only, (c) The Territory shall not be authorized to manage or dispose of any tract of land granted to the Territory under this Act until the Secretary of the Army has submitted to the Secretary of the Interior and the Governor of the Territory maps showing the pierhead line established by the Corps of Engineers with respect to the tract so granted. (d) Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of such lands and waters for the purposes of navigation or flood control or the production of power, or 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. SEC. 3. Any lands which are (1) within the purview of section 2(a) of this Act, and (2) situated to the seaward of the "coastline'' as that term is defined in section 2(c) of the Submerged Lands Act of 1953 (67 Stat. 29), shall be subject to the said Submerged Lands Act and, as to such lands, the Territory shall have equal title, right, and interest as is accorded to States which are subject to that Act in relation to their similar lands; all other lands which come within the purview of section 2(a) of this Act shall be subject to the provisions of this Act. There are excepted from the operation of the first sentence of this section and the operation of subsection (a) of section 2 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 the Territory of Alaska or from any party in whom title has vested under the laws applicable to the Territory, or the law of the United States, all lands expressly retained by or ceded to the United States, all lands acquired by the United States by gift or by proceedings under eminent domain, all lands filled in, built up, or otherwise reclaimed by the United States for its own use as long as so used, and any rights the Ignited States has in lands presently and actually occupied by the Ignited States under claim of rights; (b) the lands underlying war housing project A L A S K A.50083 located in Juneau, Alaska, together with such easements in, over, through, and upon the adjacent tidal flats as may be necessary to continue the existing main sewer line to deep water; (c) any land which, on the date of approval of this Act, is held, or any land in which, on the date of approval of this Act, any interest is held, by the United States for the benefit of any tribe, band, or group of Indians, Aleuts, and Eskimos or for individual Indians, Aleuts, and Eskimos; (d) all oil and gas deposits located in the submerged lands along the Arctic coast of naval petroleum reseive numbered 4 between the line of mean high tide and the pierhead line; and (e) all structures and improvements, constructed by the Ignited States in the exercise of its navigational servitude.

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