TITLE:  Ownership and Control of U.S. Virgin Islands Monument Lands, B-287626, November 15, 2002
BNUMBER:  B-287626
DATE:  November 15, 2002
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Ownership and Control of U.S. Virgin Islands Monument Lands, B-287626, November
15, 2002

   Matter of:   Ownership and Control of U.S. Virgin Islands Monument Lands
    
File:            B-287626
    
Date:              November 15, 2002
GAO has been asked for its opinion concerning two Presidential
proclamations issued on January 17, 2001, pursuant to the Antiquities Act,
16 U.S.C. S:S: 431 etseq. One proclamation enlarged the existing Buck
Island Reef National Monument north of St. Croix, and the second
proclamation created the Virgin Islands Coral Reef National Monument north
and south of St. John.A number of questions have been raised relating to
these monuments; we have been asked for our opinion about who owns the
lands encompassed by the monument designations. Under the Antiquities Act,
objects designated by the President as national monuments must be located
upon lands either "owned or controlle" by the United States. As detailed
in our opinion, we conclude that the United States both "owns" and
"controls" the lands constituting the two monuments, as those terms are
used under the Antiquities Act.The only possible exception is an
1,185-marine acre "finger" of submerged lands off the southeast coast of
St. John, which the relevant proclamation suggests may be included in the
Virgin Islands Coral Reef monument; we conclude that those lands are
neither U.S.-owned nor -controlled.