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16 U.S.C. § 1453 — Definitions

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1453 — Definitions

For purposes of this chapter— (1) The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ([43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.), the Act of March 2, 1917 ([48 U.S.C. 749](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim)) [[48 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section731&num=0&edition=prelim) et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [[48 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1801&num=0&edition=prelim) et seq.], or section 1 of the Act of November 20, 1963 ([48 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim)), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the

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For purposes of this chapter— (1) The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ([43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.), the Act of March 2, 1917 ([48 U.S.C. 749](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim)) [[48 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section731&num=0&edition=prelim) et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [[48 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1801&num=0&edition=prelim) et seq.], or section 1 of the Act of November 20, 1963 ([48 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim)), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (2) The term “coastal resource of national significance” means any coastal wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if any such area is determined by a coastal state to be of substantial biological or natural storm protective value. (3) The term “coastal waters” means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries. (4) The term “coastal state” means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this chapter, the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa. (5) The term “coastal energy activity” means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state; 11 So in original. The semicolon probably should be a colon. (i) Any outer Continental Shelf energy activity. (ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas. (iii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 1502(10) 22 See References in Text note below. of title 33). For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be “in close proximity to” the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone. (6) The term “energy facilities” means any equipment or facility which is or will be used primarily— (A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or (B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing. (6a) The term “enforceable policy” means State policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone. (7) The term “estuary” means that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes. (8) The term “estuarine sanctuary” means a research area which may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. (9) The term “Fund” means the Coastal Zone Management Fund established under [section 1456a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1456a/b&num=0&edition=prelim). (10) The term “land use” means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in [section 1456(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1456/g&num=0&edition=prelim). (11) The term “local government” means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state’s coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority. (12) The term “management program” includes, but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies, and standards to guide public and private uses of lands and waters in the coastal zone. (13) The term “outer Continental Shelf energy activity” means any exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in [section 1331(a) of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331/a&num=0&edition=prelim)) or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production. (14) The term “person” means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government. (15) The term “public facilities and public services” means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population. (16) The term “Secretary” means the Secretary of Commerce. (17) The term “special area management plan” means a comprehensive plan providing for natural resource protection and reasonable coastal-dependent economic growth containing a detailed and comprehensive statement of policies; standards and criteria to guide public and private uses of lands and waters; and mechanisms for timely implementation in specific geographic areas within the coastal zone. (18) The term “water use” means a use, activity, or project conducted in or on waters within the coastal zone.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1453 — Definitions

§ 1453. Definitions For purposes of this chapter— (1) The term ‘‘coastal zone’’ means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in prox- imity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes wa- ters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749) [48 U.S.C. 731 et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as ap- proved by the Act of March 24, 1976 [48 U.S.C. 1801 et seq.], or section 1 of the Act of Novem- ber 20, 1963 (48 U.S.C. 1705), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the dis- cretion of or which is held in trust by the Fed- eral Government, its officers or agents. (2) The term ‘‘coastal resource of national significance’’ means any coastal wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if any such area is determined by a coastal state to be of substan- tial biological or natural storm protective value. (3) The term ‘‘

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1301 — Definitions

When used in this subchapter and subchapter II— **(a)** The term “lands beneath navigable waters” means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or acquired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) 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 coast line of each such State and to the boundary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends seaward (or into the Gulf of Mexico) beyond three geographical miles,11 So in original. The comma probably should be a semicolon. and (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; **(b)** The term “boundaries” includes the seaward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to [section 1312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1312&num=0&edition=prelim) but in no event shall the term “boundaries” or the term “lands beneath navigable waters” be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more tha

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1301 — Definitions

§ 1301. Definitions When used in this subchapter and subchapter II— (a) The term ‘‘lands beneath navigable wa- ters’’ means— (1) all lands within the boundaries of each of the respective States which are covered by nontidal waters that were navigable under the laws of the United States at the time such State became a member of the Union, or ac- quired sovereignty over such lands and waters thereafter, up to the ordinary high water mark as heretofore or hereafter modified by accretion, erosion, and reliction; (2) all lands permanently or periodically cov- ered 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 coast line of each such State and to the bound- ary line of each such State where in any case such boundary as it existed at the time such State became a member of the Union, or as heretofore approved by Congress, extends sea- ward (or into the Gulf of Mexico) beyond three geographical miles,1 and Page 318 TITLE 43—PUBLIC LANDS § 1301 (3) all filled in, made, or reclaimed lands which formerly were lands beneath navigable waters, as hereinabove defined; (b) The term ‘‘boundaries’’ includes the sea- ward boundaries of a State or its boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the time such State became a member of the Union, or as heretofore approved by the Congress, or as extended or confirmed pursuant to section 1312 of this title but in no event shall the term ‘‘boundaries’’ or the term ‘‘lands beneath navigable waters’’ be interpreted as extending from the coast line more than three geographical miles into the Atlantic Ocean or the Pacific Ocean, or more than three marine leagues into the Gulf of Mexico, except that any b

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1705 — Tidelands, submerged lands, or filled lands

**(a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Islands, and American Samoa** Subject to valid existing rights, all right, title, and interest of the United States in 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 territories of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters, are hereby conveyed to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the benefit of the people thereof. **(b) Retention of certain lands and mineral rights by United States** There are excepted from the transfer made by subsection (a) hereof— (i) all deposits of oil, gas, and other minerals, but the term “minerals” shall not include coral, sand, and gravel; (ii) all submerged lands adjacent to property owned by the United States above the line of mean high tide; (iii) all submerged lands adjacent to property above the line of mean high tide acquired by the United States by eminent domain proceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the construction of the Ammunition Pier authorized by the Military Construction Authorization Act, 1971 (84 Stat. 1204), as amended by section 201 of the Military Construction Act, 1973 (86 Stat. 1135

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1705 — Tidelands, submerged lands, or filled

§ 1705. Tidelands, submerged lands, or filled lands (a) Conveyance to Guam, the Commonwealth of the Northern Mariana Islands, Virgin Is- lands, and American Samoa Subject to valid existing rights, all right, title, and interest of the United States in lands permanently or periodically covered by tidal wa- ters 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 terri- tories of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or peri- odically covered by tidal waters, are hereby con- veyed to the governments of Guam, the Com- monwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the ben- efit of the people thereof. Page 175 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1705 1 See References in Text note below. (b) Retention of certain lands and mineral rights by United States There are excepted from the transfer made by subsection (a) hereof— (i) all deposits of oil, gas, and other min- erals, but the term ‘‘minerals’’ shall not in- clude coral, sand, and gravel; (ii) all submerged lands adjacent to property owned by the United States above the line of mean high tide; (iii) all submerged lands adjacent to prop- erty above the line of mean high tide acquired by the United States by eminent domain pro- ceedings, purchase, exchange, or gift, after the date of enactment of this Act, as required for completion of the Department of the Navy Land Acquisition Project relative to the con-

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1801 — Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands

The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 1801 — Approval of Covenant to Establish a Com-

§ 1801. Approval of Covenant to Establish a Com- monwealth of the Northern Mariana Islands The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved. (Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263.) Editorial Notes REFERENCES IN TEXT The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, which was contained in this section (section 1 of Pub. L. 94–241), is set out as a note below. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–94, div. P, title IX, § 901, Dec. 20, 2019, 133 Stat. 3197, provided that: ‘‘This title [amending section 1806 of this title] may be cited as the ‘Disaster Recov- ery Workforce Act’.’’ Pub. L. 116–24, § 1, June 25, 2019, 133 Stat. 977, provided that: ‘‘This Act [amending section 1806 of this title] may be cited as the ‘Northern Mariana Islands Long- Term Legal Residents Relief Act’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–218, § 1, July 24, 2018, 132 Stat. 1547, pro- vided that: ‘‘This Act [amending section 1806 of this title and enacting provisions set out as notes under sec- tions 1806 and 1807 of this title] may be cited as the ‘Northern Mariana Islands U.S. Workforce Act of 2018’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–53, § 1, Aug. 22, 2017, 131 Stat. 1091, pro- vided that: ‘‘This Act [amending section 1806 of this title] may be cited as the ‘Northern Mariana Islands Economic Expansion Act’.’’ APPLICABILITY OF REQUIREMENT OF UNITED STATES CITIZENSHIP OR NATIONALITY AS PRER

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 731 — Territory included under name Puerto Rico

The provisions of this chapter shall apply to the island of Puerto Rico and to the adjacent islands belonging to the United States and waters of those islands; and the name Puerto Rico, as used in this chapter, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid.

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 731 — Territory included under name Puerto

§ 731. Territory included under name Puerto Rico The provisions of this chapter shall apply to the island of Puerto Rico and to the adjacent is- lands belonging to the United States and waters of those islands; and the name Puerto Rico, as used in this chapter, shall be held to include not only the island of that name, but all the adja- cent islands as aforesaid. (Mar. 2, 1917, ch. 145, § 1, 39 Stat. 951; May 17, 1932, ch. 190, 47 Stat. 158.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, 31 Stat. 77, which is popularly known as the ‘‘Foraker Act’’ and also as the ‘‘Puerto Rico Civil Code’’. Section 1 of act Apr. 12, 1900, was similar to this sec- tion, except that it described the adjacent islands and waters of those islands as those lying east of the sev- enty-fourth meridian of longitude west of Greenwich, which were ceded to the United States by the Govern- ment of Spain by the treaty of Dec. 10, 1898, 30 Stat. 1754. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. SHORT TITLE Act July 3, 1950, ch. 446, § 4, 64 Stat. 319, provided, in part, that the act of Mar. 2, 1917, ch. 145, 39 Stat. 951 [enacting this chapter, section 1019 of this title, sec

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Federal law — U.S. Code and appendices · legal_authorities

48 U.S.C. § 749 — Harbors and navigable waters transferred; definitions

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 ad

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