Page 123 TITLE 48—TERRITORIES and INSULAR POSSESSIONS § 1492

Page 123 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1492

Section 1482, R.S. § 1892, placed any penitentiary repealed by the act of Mar. 3, 1933, provided that this erected or to be erected under care and control of mar- section should not apply to the Philippine Islands. shal of the United States for Territory or District in which situated. § 1491. License, permit, etc., for transportation Section 1483, R.S. § 1893, related to promulgation of for storage or storage of spent nuclear fuel rules and regulations by Attorney General of the or high-level radioactive waste; pre- United States for government of such penitentiaries, requisites; applicability; ‘‘territory or posses- and compensation of marshals and their deputies. sion’’ defined Section 1484, R.S. § 1894, related to charging compensation and subsistence and employment expenses of (a) Prior to the granting of any license, per- offenders sentenced to imprisonment in such peniten- mit, or other authorization or permission by any tiaries. agency or instrumentality of the United States Section 1485, R.S. § 1895, related to imprisonment at to any person for the transportation of spent nu- cost of Territory in such penitentiaries of persons con- victed for violation of laws of Territory. clear fuel or high-level radioactive waste for in- terim, long-term, or permanent storage to or for § 1486. Repealed. Pub. L. 87–826, § 3, Oct. 15, 1962, the storage of such fuel or waste on any terri- 76 Stat. 953 tory or possession of the United States, the Sec- retary of the Interior is directed to transmit to Section, acts Apr. 29, 1902, ch. 637, 32 Stat. 172; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, the Congress a detailed report on the proposed 37 Stat. 736; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. transportation or storage plan, and no such li- 2695 eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 cense, permit, or other authorization or permis- Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. sion may be granted nor may any such transpor- 7877, 60 Stat. 1097; Apr. 7, 1948, ch. 177, 62 Stat. 161, pro- tation or storage occur unless the proposed vided that law as to clearance and entry of vessels was transportation or storage plan has been specifi- applicable to trade between the United States and non- cally authorized by Act of Congress: Provided, contiguous Territories, etc. That the provisions of this section shall not EFFECTIVE DATE OF REPEAL apply to the cleanup and rehabilitation of Bikini Repeal of section effective 180 days after Oct. 15, 1962, and Enewetak Atolls. see section 4 of Pub. L. 87–826. (b) For the purpose of this section the words ‘‘territory or possession’’ include the Trust Ter- §§ 1487, 1488. Repealed. Pub. L. 98–213, § 16(b), ritory of the Pacific Islands and any area not (kk), Dec. 8, 1983, 97 Stat. 1462, 1463 within the boundaries of the several States over Section 1487, act June 22, 1874, ch. 388, 18 Stat. 135, re- which the United States claims or exercises sov- lated to calling of an extraordinary session of Terri- ereignty. torial legislature with approval of President of the (Pub. L. 96–205, title VI, § 605, Mar. 12, 1980, 94 United States. Stat. 90.) Section 1488, act Apr. 16, 1880, ch. 56, 21 Stat. 74, related to filling of vacancies in office of justice of the peace TERMINATION OF TRUST TERRITORY OF THE PACIFIC by appointment or election, until a successor was regu- ISLANDS larly elected and qualified as provided by law. For termination of Trust Territory of the Pacific Is- § 1489. Loss of title of United States to lands in lands, see note set out preceding section 1681 of this territories through adverse possession or title. prescription forbidden § 1492. Energy resources of Caribbean and Pa- On and after March 27, 1934, no prescription or cific insular areas statute of limitations shall run, or continue to (a) Congressional findings run, against the title of the United States to The Congress finds that— lands in any territory or possession or place or (1) the Caribbean and Pacific insular areas of territory under the jurisdiction or control of the Puerto Rico, the Virgin Islands, Guam, Amer- United States; and no title to any such lands of ican Samoa, the Northern Mariana Islands, the United States or any right therein shall be the Federated States of Micronesia, the Mar- acquired by adverse possession or prescription, shall Islands, and Palau are virtually com- or otherwise than by conveyance from the pletely dependent on imported sources of en- United States. ergy; (Mar. 27, 1934, ch. 99, 48 Stat. 507; Proc. No. 2695, (2) the dependence of such areas on imported eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) sources of energy coupled with the increasing cost and the uncertain availability and supply CODIFICATION of such sources of energy will continue to frus- Reference to Philippine Islands omitted in view of trate the political, social, and economic devel- independence of Philippines proclaimed by President of opment of such areas by placing increasingly United States in Proc. No. 2695, set out under section severe fiscal burdens on the local governments 1394 of Title 22, Foreign Relations and Intercourse, and of these areas; issued pursuant to section 1394 of Title 22. (3) these insular areas are endowed with a § 1490. Repealed. Mar. 3, 1933, ch. 202, § 1, 47 Stat. variety of renewable sources of energy which, 1428 if developed, would alleviate their dependence on imported sources of energy, relieve the fis- Section, R.S. § 1891, related to application of United cal burden on local governments imposed by States Constitution and laws to all organized Terri- the costs of imported fuel, and strengthen the tories and in every Territory subsequently organized. Insofar as Territories of Alaska and Hawaii are con- base for political, social, and economic devel- cerned, it is covered by sections 23 and 495 of this title. opment; Act July 1, 1902, ch. 1369, § 1, 32 Stat. 691, which was (4) appropriate technologies are presently also cited as a credit to this section, and which was not available to develop the renewable energy re- § 1492 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 124

sources of these insular areas but that compre- of the comprehensive energy planning may dem- hensive energy plans have not been adequately onstrate those indigenous renewable energy developed to meet the energy demands of technologies which are determined to be most these areas from renewable energy resources; cost effective through the use of existing pro- (5) electric power transmission and distribu- grams and may implement any projects or pro- tion lines in insular areas are inadequate to grams contained in recommendations of the withstand damage caused by the hurricanes plan. and typhoons which frequently occur in insu- (e) Updating of plans; submission to Congress lar areas and such damage often costs millions (1) The Secretary of the Interior, in consulta- of dollars to repair; and tion with the Secretary of Energy and the head (6) the refinement of renewable energy tech- of government of each insular area, shall update nologies since the publication of the 1982 Ter- the plans required under subsection (c) of this ritorial Energy Assessment prepared pursuant section by— to subsection (c) of this section reveals the (A) updating the contents required by sub- need to reassess the state of energy produc- section (c) of this section; tion, consumption, infrastructure, reliance on (B) drafting long-term energy plans for such imported energy, opportunities for energy con- insular areas with the objective of reducing, to servation and increased energy efficiency, and the extent feasible, their reliance on energy indigenous sources in regard to the insular imports by the year 2012, increasing energy areas. conservation and energy efficiency, and maxi- (b) Congressional declaration of policy mizing, to the extent feasible, use of indige- The Congress declares that it is the policy of nous energy sources; and the Federal Government to— (C) drafting long-term energy transmission (1) develop the renewable energy resources of line plans for such insular areas with the ob- the Caribbean and Pacific insular areas of jective that the maximum percentage feasible Puerto Rico, the Virgin Islands, Guam, Amer- of electric power transmission and distribu- ican Samoa, the Northern Mariana Islands, tion lines in each insular area be protected the Federated States of Micronesia, the Mar- from damage caused by hurricanes and ty- shall Islands, and Palau; and phoons. (2) to assist other insular areas in the Carib- (2) In carrying out this subsection, the Sec- bean and Pacific Basin in the development of retary of Energy shall identify and evaluate the their renewable energy resources. strategies or projects with the greatest poten- (c) Comprehensive energy plan tial for reducing the dependence on imported The Secretary of Energy or any administra- fossil fuels as used for the generation of elec- tive official who may succeed him shall prepare tricity, including strategies and projects for— a comprehensive energy plan with emphasis on (A) improved supply-side efficiency of cen- indigenous renewable sources of energy for tralized electrical generation, transmission, Puerto Rico, the Virgin Islands, Guam, Amer- and distribution systems; ican Samoa, the Northern Mariana Islands, the (B) improved demand-side management Federated States of Micronesia, the Marshall Is- through— lands and Palau. The plan shall be prepared with (i) the application of established standards the approval of the Secretary of the Interior and for energy efficiency for appliances; in cooperation with the chief executive officer of (ii) the conduct of energy audits for busi- each insular area by— ness and industrial customers; and (1) surveying existing sources and uses of en- (iii) the use of energy savings performance ergy; contracts; (2) estimating future energy needs to the (C) increased use of renewable energy, in- year 2020, giving due consideration to a range cluding— of economic development possibilities; (i) solar thermal energy for electric gen- (3) assessing, in depth, the availability and eration; potential for development of indigenous en- (ii) solar thermal energy for water heating ergy sources, including solar, wind, hydro- in large buildings, such as hotels, hospitals, power, ocean current and tidal, biogas, biofuel, government buildings, and residences; geothermal and ocean thermal energy conver- (iii) photovoltaic energy; sion; (iv) wind energy; (4) assessing the mix of energy sources (in- (v) hydroelectric energy; cluding fossil fuels) and identifying those (vi) wave energy; technologies that are needed to meet the pro- (vii) energy from ocean thermal resources, jected demands for energy; and including ocean thermal-cooling for commu- (5) drafting long-term energy plans for such nity air conditioning; insular areas with the objective of minimizing (viii) water vapor condensation for the their reliance on energy imports and making production of potable water; maximum use of their indigenous energy re- (ix) fossil fuel and renewable hybrid elec- sources. trical generation systems; and (d) Demonstration of cost effective renewable en- (x) other strategies or projects that the ergy technologies Secretary may identify as having significant The Secretary of Energy or any administra- potential; and tive official who may succeed him, with the ap- (D) fuel substitution and minimization with proval of the Secretary of the Interior, as part indigenous biofuels, such as coconut oil. Page 125 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1492

(3) In carrying out this subsection, for each in- (4) POWER LINE GRANTS FOR INSULAR AREAS.— sular area with a significant need for distributed (A) IN GENERAL.—The Secretary of the Inte- generation, the Secretary of Energy shall iden- rior is authorized to make grants to govern- tify and evaluate the most promising strategies ments of insular areas of the United States to and projects described in subparagraphs (C) and carry out eligible projects to protect electric (D) of paragraph (2) for meeting that need. power transmission and distribution lines in (4) In assessing the potential of any strategy such insular areas from damage caused by hur- or project under paragraphs (2) and (3), the Sec- ricanes and typhoons. retary of Energy shall consider— (B) ELIGIBLE PROJECTS.—The Secretary of (A) the estimated cost of the power or en- the Interior may award grants under subpara- ergy to be produced, including— graph (A) only to governments of insular areas (i) any additional costs associated with the of the United States that submit written distribution of the generation; and project plans to the Secretary for projects (ii) the long-term availability of the gen- that meet the following criteria: eration source; (i) The project is designed to protect electric power transmission and distribution (B) the capacity of the local electrical util- lines located in 1 or more of the insular ity to manage, operate, and maintain any areas of the United States from damage project that may be undertaken; and caused by hurricanes and typhoons. (C) other factors the Secretary of Energy (ii) The project is likely to substantially considers to be appropriate. reduce the risk of future damage, hardship, (5) Not later than 1 year after August 8, 2005, loss, or suffering. the Secretary of the Interior shall submit to the (iii) The project addresses 1 or more prob- Committee on Energy and Natural Resources of lems that have been repetitive or that pose the Senate, the Committee on Resources of the a significant risk to public health and safe- House of Representatives, and the Committee on ty. Energy and Commerce of the House of Rep- (iv) The project is not likely to cost more resentatives, the updated plans for each insular than the value of the reduction in direct area required by this subsection. damage and other negative impacts that the project is designed to prevent or mitigate. (f) Authorization of appropriations The cost benefit analysis required by this There are hereby authorized to be appro- criterion shall be computed on a net present priated such sums as may be necessary to carry value basis. out the purposes of this section. (v) The project design has taken into con- (g) Financial assistance sideration long-term changes to the areas (1) The Secretary of Energy may grant finan- and persons it is designed to protect and has cial assistance, not to exceed $2,000,000 annually, manageable future maintenance and modi- to insular area governments or private sector fication requirements. persons working in cooperation with insular (vi) The project plan includes an analysis area governments to carry out projects to evalu- of a range of options to address the problem ate the feasibility of, develop options for, and it is designed to prevent or mitigate and a encourage the adoption of energy efficiency and justification for the selection of the project renewable energy measures which reduce the de- in light of that analysis. (vii) The applicant has demonstrated to pendency of the insular areas on imported fuels, the Secretary that the matching funds re- improve the quality of the environment, and quired by subparagraph (D) are available. promote development in the insular areas. (2) Any applicant for financial assistance (C) PRIORITY.—When making grants under under this subsection must evidence coordina- this paragraph, the Secretary of the Interior tion and cooperation with, and support from, the shall give priority to grants for projects which affected local energy institutions. are likely to— (3) In determining the amount of financial as- (i) have the greatest impact on reducing sistance to be provided for a proposed project, future disaster losses; and the Secretary shall consider— (ii) best conform with plans that have been (A) whether the measure will reduce the rel- approved by the Federal Government or the ative dependence of the insular area on im- government of the insular area where the ported fuels; project is to be carried out for development (B) the ease and costs of operation and main- or hazard mitigation for that insular area. tenance of any facilities contemplated as a (D) MATCHING REQUIREMENT.—The Federal part of the project; share of the cost for a project for which a (C) whether the project will rely on the use grant is provided under this paragraph shall of conservation measures or indigenous, re- not exceed 75 percent of the total cost of that newable energy resources that were identified project. The non-Federal share of the cost may in the 1982 Territorial Energy Assessment or be provided in the form of cash or services. that are identified by the Secretary as consist- (E) TREATMENT OF FUNDS FOR CERTAIN PUR- ent with the purposes of this subsection; POSES.—Grants provided under this paragraph (D) whether the measure will contribute sig- shall not be considered as income, a resource, nificantly to development and the quality of or a duplicative program when determining the environment in the insular area; and eligibility or benefit levels for Federal major (E) any other factors which the Secretary disaster and emergency assistance. may determine to be relevant to a particular (F) AUTHORIZATION OF APPROPRIATIONS.— project. There are authorized to be appropriated to § 1493 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 126

carry out this paragraph $6,000,000 for each fis- return of seized property in a criminal pro- cal year beginning after August 8, 2005. ceeding, not made after the defendant has (5) For the purposes of this subsection— been put in jeopardy and before the verdict or (A) the term ‘‘insular area’’ means American finding on an indictment or information, if the Samoa, the Commonwealth of the Northern prosecution certifies to the trial court that Mariana Islands, the Commonwealth of Puerto the appeal is not taken for purpose of delay Rico, the Federated States of Micronesia, and that the evidence is a substantial proof of Guam, the Republic of the Marshall Islands, a fact material in the proceeding; and the Republic of Palau, and the Virgin Islands; (c) an adverse decision, judgment, or order of and an appellate court. (B) the term ‘‘1982 Territorial Energy Assess- (Pub. L. 98–454, title X, § 1003, Oct. 5, 1984, 98 ment’’ means the comprehensive energy plan Stat. 1746.) prepared by the Secretary of Energy pursuant to subsection (c) of this section. EFFECTIVE DATE (Pub. L. 96–597, title VI, § 604, Dec. 24, 1980, 94 Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- Stat. 3480; Pub. L. 98–213, § 7, Dec. 8, 1983, 97 Stat. fective Date of 1984 Amendment note under section 1424 1460; Pub. L. 102–486, title XXVII, § 2701, Oct. 24, of this title. 1992, 106 Stat. 3118; Pub. L. 109–58, title II, § 251, Aug. 8, 2005, 119 Stat. 679.) § 1494. Purposes REFERENCES IN TEXT The purposes of sections 1494 to 1494c of this August 8, 2005, referred to in subsecs. (e)(5) and title are to improve enforcement of drug laws (g)(4)(F), was in the original ‘‘the date of enactment of and enhance interdiction of illicit drug ship- this subsection’’ and ‘‘the date of enactment of this ments in the Caribbean and Pacific territories paragraph’’, respectively, and was translated as mean- and commonwealths of the United States and ing the date of enactment of Pub. L. 109–58 which the Trust Territory of the Pacific Islands (or amended subsecs. (e) and (g)(4) generally, to reflect the successor governments) and to assist public and probable intent of Congress. private sector drug abuse and other substance AMENDMENTS prevention and treatment programs in United 2005—Subsec. (a)(5), (6). Pub. L. 109–58, § 251(1), (2), States associated insular areas. added pars. (5) and (6). (Pub. L. 99–570, title V, § 5002, Oct. 27, 1986, 100 Subsec. (e). Pub. L. 109–58, § 251(3), amended subsec. Stat. 3207–154; Pub. L. 100–690, title IX, § 9308, (e) generally. Prior to amendment, subsec. (e) read as follows: ‘‘Within two years from December 24, 1980, the Nov. 18, 1988, 102 Stat. 4538.) Secretary of Energy or any administrative official who AMENDMENTS may succeed him shall submit the comprehensive energy plan for each insular area to the Congress.’’ 1988—Pub. L. 100–690 inserted ‘‘and the Trust Terri- Subsec. (g)(4). Pub. L. 109–58, § 251(4), amended par. (4) tory of the Pacific Islands (or successor governments)’’ generally. Prior to amendment, par. (4) read as follows: after ‘‘commonwealths of the United States’’, ‘‘and ‘‘Notwithstanding the requirements of section 1469a(d) other substance’’ before ‘‘prevention’’, and ‘‘associ- of this title, the Secretary shall require at least 20 per- ated’’ before ‘‘insular areas.’’. cent of the costs of any project under this subsection to SHORT TITLE OF 1988 AMENDMENT be provided from non-Federal sources. Such cost shar- ing may be in the form of in-kind services, donated Section 9301(a) of Pub. L. 100–690 provided that: ‘‘This equipment, or any combination thereof.’’ subtitle [subtitle D (§§ 9301–9310) of title IX of Pub. L. 1992—Subsec. (g). Pub. L. 102–486 added subsec. (g). 100–690, enacting section 1494c of this title and amend- 1983—Subsec. (d). Pub. L. 98–213 inserted ‘‘and may ing this section and sections 1494a and 1494b of this implement any projects or programs contained in rec- title and section 10603 of Title 42, The Public Health ommendations of the plan’’. and Welfare] may be cited as the ‘Insular Areas Drug Abuse Amendments of 1988’.’’ CHANGE OF NAME Committee on Resources of House of Representatives SHORT TITLE changed to Committee on Natural Resources of House Section 5001 of title V of Pub. L. 99–570 provided that: of Representatives by House Resolution No. 6, One Hun- ‘‘This subtitle [subtitle A (§§ 5001–5004) of title V of Pub. dred Tenth Congress, Jan. 5, 2007. L. 99–570, enacting this section and sections 1494a and 1494b of this title] may be cited as the ‘United States § 1493. Prosecution; authorization to seek review; Insular Areas Drug Abuse Act of 1986’.’’ local or Federal appellate courts; decisions, judgments or orders TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS The prosecution in a territory or Common- wealth is authorized—unless precluded by local For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this law—to seek review or other suitable relief in title. the appropriate local or Federal appellate court, or, where applicable, in the Supreme Court of § 1494a. Annual reports to Congress the United States from— (a) a decision, judgment, or order of a trial (a) In general court dismissing an indictment or information The President shall report annually to the as to any one or more counts, except that no Congress as to— review shall lie where the constitutional pro- (1) the efforts and success of Federal agen- hibition against double jeopardy would further cies in preventing the illegal entry into the prosecution; United States of controlled substances from (b) a decision or order of a trial court sup- the insular areas of the United States outside pressing or excluding evidence or requiring the the customs territory of the United States,