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![handle is hein.gao/gaocrptaoax0001 and id is 1 raw text is:
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S=GAO
Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548
B-287626
November 15, 2002
The Honorable Donna M. Christian-Christensen
House of Representatives
Subject: Ownership and Control of U.S. Virgin Islands Monument Lands
Dear Mrs. Christian-Christensen:
This responds to your request for our opinion concerning two Presidential proclamations issued
on January 17, 2001, pursuant to the Antiquities Act, 16 U.S.C. §§ 431 et seq. As you know,
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; you have 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 controlled by the United
States.1
As summarized below and detailed in the enclosed opinion (Enclosure 1), we conclude that the
United States both owns and controls the lands constituting the two monuments, as those
2
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. For convenience and clarity,
we enclose copies of the two proclamations (Enclosures 2 and 3), including their attached
maps.3
See 16 U.S.C. § 431 (The President of the United States is authorized, in his discretion, to declare by public
proclamation ... objects... that are situated upon the lands owned or controlled by the Government of the
United States to be national monuments ....) (emphasis added).
2 The Antiquities Act also requires objects declared as national monuments to qualify as historic landmarks,
historic [or] prehistoric structures, [or] other objects of historic or scientific interest, and the monument area must
be confined to the smallest area compatible with the proper care and management of the objects to be protected.
Id. We express no opinion as to whether the lands comprising the two Virgin Islands monuments satisfy any of
these other statutory criteria
3 Enclosure 2 is the Buck Island Proclamation (Proclamation No. 7392, 66 Fed. Reg. 7335 (Jan. 22, 2001)) and
Enclosure 3 is the Virgin Islands Coral Reef Proclamation (Proclamation No. 7399, 66 Fed. Reg. 7364 (Jan. 22,
2001)). Enclosure 3 has been marked to indicate the 1,185-marine acre area which we believe is neither owned
nor controlled by the United States.](ViewImageLocal?handle=hein.gao/gaocrptaoax0001&div=1&collection=&method=preview&ext=.png&size=3)