sign in sign up
<<
Home , District of Alaska, Harmon Air Force Base, Legislature of Guam

TITLE 48—TERRITORIES AND INSULAR POSSESSIONS

Chap. Sec. § 2. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A 1. Bureau of Insular Affairs [Omitted Stat. 641 or Repealed] ...... 1 2. ...... 21 Section, acts June 3, 1916, ch. 134, § 14, 39 Stat. 176; 3. Hawaii ...... 491 June 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, pre- 4. ...... 731 scribed composition of Bureau of Insular Affairs. 5. Philippine Islands [Omitted, Re- § 3. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, pealed, or Transferred] ...... 1001 80 Stat. 640 6. Canal Zone [Omitted, Repealed, or Transferred] ...... 1301 Section, acts June 25, 1906, ch. 3528, 34 Stat. 456; June 7. Virgin Islands ...... 1391 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, provided for 8. Guano Islands ...... 1411 appointment of Chief of Bureau. 8A. ...... 1421 §§ 4, 5. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 9. Samoa, Tutuila, Manua, Swains Is- 1029 land, and Trust Territory of the Pacific Islands [Transferred] ...... 1431 Section 4, acts Mar. 2, 1907, ch. 2511, 34 Stat. 1162; 10. Territorial Provisions of a General Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary Nature ...... 1451 of War to detail an Army officer to act as assistant to Chief of Bureau of Insular Affairs of War Department 11. Alien Owners of Land ...... 1501 and directed that provisions of law as to transfer of of- 12. Virgin Islands [1954] ...... 1541 ficers of line to a department for tours of service would 13. Eastern Samoa ...... 1661 apply to vacancy created by this section and to return 14. Trust Territory of the Pacific Is- of detailed officer to Army. lands ...... 1681 Section 5, act Mar. 23, 1910, ch. 115, 36 Stat. 248, au- 15. Conveyance of Submerged Lands thorized Secretary of War to detail one additional to Territories ...... 1701 Army officer as assistant to Chief of Bureau of Insular 16. Delegates to Congress ...... 1711 Affairs under same provisions in regard to vacancies and return as provided in section 4 of this title. 17. Northern ...... 1801 18. Micronesia, Marshall Islands, and CHAPTER 2—ALASKA Palau ...... 1901 19. Pacific Policy Reports ...... 2001 Sec. 21 to 50d–1. Omitted or Repealed. 50e. Appropriations for benefit of natives; pur- CHAPTER 1—BUREAU OF INSULAR AFFAIRS chase of supplies for resale to natives, co- operatives, and Department employees. § 1. Omitted 50f. Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service CODIFICATION facilities. Section, act July 1, 1902, ch. 1369, § 87, 32 Stat. 712, 50g to 488f. Omitted, Repealed, or Transferred. provided that the Division of Insular Affairs of the War ADMISSION AS STATE Department should be known as the Bureau of Insular Affairs and prescribed its business. Alaska was admitted into the Union on January 3, By Ex. Ord. No. 6726, eff. May 29, 1934, the Division of 1959, on issuance of Proc. No. 3269, eff. Jan. 3, 1959, 24 Territories and Island Possessions was established in F.R. 81, 73 Stat. c16, set out below, as required by sec- the Department of the Interior, and the functions of tions 1 and 8(c) of the Alaska Statehood Law, Pub. L. the Bureau pertaining to the administration of the 85–508, July 7, 1958, 72 Stat. 339, set out below. Government of Puerto Rico, together with the person- ALASKA STATEHOOD nel, equipment and funds, were transferred thereto. By Reorg. Plan No. II of 1939, § 4(d), eff. July 1, 1939, Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to provided: Title 5, Government Organization and Employees. The ‘‘[SEC. 1. Declaration; acceptance, ratification, and Bureau of Insular Affairs of the War Department and confirmation of Constitution.] That, subject to the pro- its functions were transferred to the Department of the visions of this Act, and upon issuance of the proclama- Interior and consolidated with the Division of Terri- tion required by section 8(c) of this Act, the State of tories and Island Possessions, to be administered under Alaska is hereby declared to be a State of the United the direction and supervision of the Secretary of the States of America, is declared admitted into the Union Interior. The office of the Chief of the Bureau and of- on an equal footing with the other States in all re- fices subordinate thereto provided for in section 14 of spects whatever, and the constitution formed pursuant act June 4, 1920, ch. 227, 41 Stat. 769, were abolished and to the provisions of the Act of the Territorial Legisla- all their functions transferred to, and were to be exer- ture of Alaska entitled, ‘An Act to provide for the hold- cised by, the Director of the Division of Territories and ing of a constitutional convention to prepare a con- Island Possessions. stitution for the State of Alaska; to submit the con-

Page 1 §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 2 stitution to the people for adoption or rejection; to pre- in Alaska which are vacant, unappropri- pare for the admission of Alaska as a State; to make an ated, and unreserved at the time of their selection not appropriation; and setting an effective date’, approved to exceed another four hundred thousand acres of land, March 19, 1955 (Chapter 46, Session Laws of Alaska, all of which shall be adjacent to established commu- 1955), and adopted by a vote of the people of Alaska in nities or suitable for prospective community centers the election held on April 24, 1956, is hereby found to be and recreational areas. Such lands shall be selected by republican in form and in conformity with the Con- the State of Alaska with the approval of the Secretary stitution of the United States and the principles of the of Agriculture as to national forest lands and with the Declaration of Independence, and is hereby accepted, approval of the Secretary of the Interior as to other ratified, and confirmed. public lands: Provided, That nothing herein contained ‘‘SEC. 2. [Territory.] The State of Alaska shall consist shall affect any valid existing claim, location, or entry of all the territory, together with the territorial waters under the laws of the United States, whether for home- appurtenant thereto, now included in the Territory of stead, mineral, right-of-way, or other purpose whatso- Alaska. ever, or shall affect the rights of any such owner, ‘‘SEC. 3. [Constitution.] The constitution of the State claimant, locator, or entryman to the full use and en- of Alaska shall always be republican in form and shall joyment of the land so occupied: Provided further, That not be repugnant to the Constitution of the United for the purposes of this section the term ‘public lands States and the principles of the Declaration of Inde- of the United States in Alaska which are vacant, unap- pendence. propriated, and unreserved’ shall include, without lim- ‘‘SEC. 4. [Compact with United States; disclaimer of iting the use thereof, the retained or reserved interest right and title to lands or other property; taxation.] As of the United States in lands which have been disposed a compact with the United States said State and its of with a reservation to the United States of all min- people do agree and declare that they forever disclaim erals or any specified mineral or minerals. all right and title to any lands or other property not ‘‘(b) The State of Alaska, in addition to any other granted or confirmed to the State or its political sub- grants made in this section, is hereby granted and shall divisions by or under the authority of this Act, the be entitled to select, within thirty-five years after the right or title to which is held by the United States or admission of Alaska into the Union, not to exceed one is subject to disposition by the United States, and to hundred and two million five hundred and fifty thou- any lands or other property (including fishing rights), sand acres from the public lands of the United States the right or title to which may be held by any Indians, in Alaska which are vacant, unappropriated, and unre- Eskimos, or Aleuts (hereinafter called natives) or is served at the time of their selection: Provided, That held by the United States in trust for said natives; that nothing herein contained shall affect any valid existing all such lands or other property (including fishing claim, location, or entry under the laws of the United rights), the right or title to which may be held by said States, whether for homestead, mineral, right-of-way, natives or is held by the United States in trust for said or other purpose whatsoever, or shall affect the rights natives, shall be and remain under the absolute juris- of any such owner, claimant, locator, or entryman to diction and control of the United States until disposed the full use and enjoyment of the lands so occupied: of under its authority, except to such extent as the And provided further, That no selection hereunder shall Congress has prescribed or may hereafter prescribe, and be made in the area north and west of the line de- except when held by individual natives in fee without scribed in section 10 without approval of the President restrictions on alienation: Provided, That nothing con- or his designated representative. tained in this Act shall recognize, deny, enlarge, im- ‘‘(c) Block 32, and the structures and improvements pair, or otherwise affect any claim against the United thereon, in the city of Juneau are granted to the State States, and any such claim shall be governed by the of Alaska for any or all of the following purposes or a laws of the United States applicable thereto; and noth- combination thereof: A residence for the Governor, a ing in this Act is intended or shall be construed as a State museum, or park and recreational use. finding, interpretation, or construction by the Congress ‘‘(d) Block 19, and the structures and improvements that any law applicable thereto authorizes, establishes, thereon, and the interests of the United States in recognizes, or confirms the validity or invalidity of any blocks C and 7, and the structures and improvements such claim, and the determination of the applicability thereon, in the city of Juneau, are hereby granted to or effect of any law to any such claim shall be unaf- the State of Alaska. fected by anything in this Act: And provided further, ‘‘(e) All real and personal property of the United That no taxes shall be imposed by said State upon any States situated in the which is spe- lands or other property now owned or hereafter ac- cifically used for the sole purpose of conservation and quired by the United States or which, as hereinabove protection of the fisheries and wildlife of Alaska, under set forth, may belong to said natives, except to such ex- the provisions of the Alaska game law of July 1, 1943 (57 tent as the Congress has prescribed or may hereafter Stat. 301; 48 U.S.C., secs 192–211), as amended, and under prescribe, and except when held by individual natives the provisions of the Alaska commercial fisheries, laws in fee without restrictions on alienation. (As amended of June 26, 1906 (34 Stat. 478; 48 U.S.C., secs. 230–239 and Pub. L. 86–70, § 2(a), June 25, 1959, 73 Stat. 141.) 241–242), and June 6, 1924 (43 Stat. 465; 48 U.S.C., secs. ‘‘SEC. 5. [Title to property.] The State of Alaska and 221–228), as supplemented and amended, shall be trans- its political subdivisions, respectively, shall have and ferred and conveyed to the State of Alaska by the ap- retain title to all property, real and personal, title to propriate Federal agency: Provided, That the adminis- which is in the Territory of Alaska or any of the sub- tration and management of the fish and wildlife re- divisions. Except as provided in section 6 hereof, the sources of Alaska shall be retained by the Federal Gov- United States shall retain title to all property, real and ernment under existing laws until the first day of the personal, to which it has title, including public lands. first calendar year following the expiration of ninety ‘‘SEC. 6. [Selection from public lands; fish and wildlife calendar days after the Secretary of the Interior cer- resources; public school support; mineral leases, per- tifies to the Congress that the Alaska State Legisla- mits, leases, or contracts; mineral land grants; schools ture has made adequate provision for the administra- and colleges; confirmation of grants; internal improve- tion, management, and conservation of said resources ments; submerged lands.] (a) For the purposes of fur- in the broad national interest: Provided, That such thering the development of and expansion of commu- transfer shall not include lands withdrawn or otherwise nities, the State of Alaska is hereby granted and shall set apart as refuges or reservations for the protection be entitled to select, within thirty-five years after the of wildlife nor facilities utilized in connection there- date of the admission of the State of Alaska into the with, or in connection with general research activities Union, from lands within national forests in Alaska relating to fisheries or wildlife. Sums of money that which are vacant and unappropriated at the time of are available for apportionment or which the Secretary their selection not to exceed four hundred thousand of the Interior shall have apportioned as of the date the acres of land, and from the other public lands of the State of Alaska shall be deemed to be admitted into the Page 3 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5

Union, for wildlife restoration in the Territory of Alas- Act shall be patented to the State by the Secretary of ka, pursuant to section 8(a) of the Act of September 2, the Interior. Following the selection of lands by the 1937, as amended (16 U.S.C., sec. 669g–1), and for fish res- State and the tentative approval of such selection by toration and management in the Territory of Alaska, the Secretary of the Interior or his designee, but prior pursuant to section 12 of the Act of August 9, 1950 (16 to the issuance of final patent, the State is hereby au- U.S.C., sec. 777k), shall continue to be available for the thorized to execute conditional leases and to make con- period, and under the terms and conditions in effect at ditional sales of such selected lands. As used in this the time, the apportionments are made. Commencing subsection, the words ‘equitable claims subject to al- with the year during which Alaska is admitted into the lowance and confirmation’ include, without limitation, Union, the Secretary of the Treasury, at the close of claims of holders of permits issued by the Department each fiscal year, shall pay to the State of Alaska 70 per of Agriculture on lands eliminated from national for- centum of the net proceeds, as determined by the Sec- ests, whose permits have been terminated only because retary of the Interior, derived during such fiscal year of such elimination and who own valuable improve- from all sales of sealskins or sea otter skins made in ments on such lands. As to all selections made by the accordance with the provisions of the Fur Seal Act of State after January 1, 1979, pursuant to section 6(b) of 1966 [16 U.S.C. 1151 et seq.]. In arriving at the net pro- this Act, the Secretary of the Interior, in his discre- ceeds, there shall be deducted from the receipts from tion, may waive the minimum tract selection size all sales all costs to the United States in carrying out where he determines that such a reduced selection size the provisions of the Fur Seal Act of 1966, including, would be in the national interest and would result in a but not limited to, the costs of handling and dressing better land ownership pattern. the skins, the costs of making the sales, and all ex- ‘‘(h) Any lease, permit, license, or contract issued penses incurred in the administration of the Pribilof Is- under the Mineral Leasing Act of February 25, 1920 (41 lands, and the payments made to any municipal cor- Stat. 437; 30 U.S.C. 181 and the following), as amended, poration established pursuant to section 206 of the Fur or under the Alaska Coal Leasing Act of October 20, Seal Act of 1966 [16 U.S.C. 1166] and to the civil service 1914 (38 Stat. 741; 30 U.S.C.1 432 and the following), as retirement and disability fund pursuant to section 208 amended, shall have the effect of withdrawing the lands of the Fur Seal Act of 1966 [16 U.S.C. 1168]. In admin- subject thereto from selection by the State of Alaska istering the Pribilof Islands fund established by section under this Act, unless an application to select such 407 of the Fur Seal Act of 1966 [16 U.S.C. 1187], the Sec- lands is filed with the Secretary of the Interior within retary shall consult with the State of Alaska annually. a period of ten years after the date of the admission of Nothing in this Act shall be construed as affecting the Alaska into the Union. Such selections shall be made rights of the United States under the provisions of the only from lands that are otherwise open to selection Fur Seal Act of 1966 and the Northern Pacific Halibut under this Act. When all of the lands subject to a lease, Act of 1937 (16 U.S.C. 772–772i). permit, license, or contract are selected, the patent for ‘‘(f) Five per centum of the proceeds of sale of public the lands so selected shall vest in the State of Alaska lands lying within said State which shall be sold by the all the right, title, and interest of the United States in United States subsequent to the admission of said and to that lease, permit, license, or contract that re- State into the Union, after deducting all the expenses mains outstanding on the effective date of the patent, incident to such sales, shall be paid to said State to be including the right to all the rentals, royalties, and used for the support of the public schools within said other payments accruing after that date under that State. ‘‘(g) Except as provided in subsection (a), all lands lease, permit, license, or contract, and including any granted in quantity to and authorized to be selected by authority that may have been retained by the United the State of Alaska by this Act shall be selected in States to modify the terms and conditions of that such manner as the laws of the State may provide, and lease, permit, license, or contract: Provided, That noth- in conformity with such regulations as the Secretary of ing herein contained shall affect the continued validity the Interior may prescribe. All selections shall be made of any such lease, permit, license, or contract or any in reasonably compact tracts, taking into account the rights arising thereunder. Where only a portion of the situation and potential uses of the lands involved, and lands subject to a lease, permit, license, or contract are each tract selected shall contain at least five thousand selected, there shall be reserved to the United States seven hundred and sixty acres unless isolated from the mineral or minerals subject to that lease, permit, other tracts open to selection or, in the case of selec- license, or contract, together with such further rights tions under subsec. (a) of this section, one hundred and as may be necessary to the full and complete enjoy- sixty acres. The authority to make selections shall ment of all rights, privileges, and benefits under or never be alienated or bargained away, in whole or in with respect to that lease, permit, license, or contract; part, by the State. Upon the revocation of any order of upon the termination of the lease, permit, license, or withdrawal in Alaska, the order of revocation shall pro- contract, title to the minerals so reserved to the vide for a period of not less than ninety days before the United States shall pass to the State of Alaska. date on which it otherwise becomes effective, if subse- ‘‘(i) All grants made or confirmed under this Act quent to the admission of Alaska into the Union, dur- shall include mineral deposits. The grants of mineral ing which period the State of Alaska shall have a pre- lands to the State of Alaska under subsections (a) and ferred right of selection, subject to the requirements of (b) of this section are made upon the express condition this Act, except as against prior existing valid rights or that all sales, grants, deeds, or patents for any of the as against equitable claims subject to allowance and mineral lands so granted shall be subject to and con- confirmation. Such preferred right of selection shall tain a reservation to the State of all of the minerals in have precedence over the preferred right of application the lands so sold, granted, deeded, or patented, to- created by section 4 of the Act of September 27, 1944 (58 gether with the right to prospect for, mine, and remove Stat. 748; 43 U.S.C., sec. 282), as now or hereafter the same. Mineral deposits in such lands shall be sub- amended, but not over other preference rights now con- ject to lease by the State as the State may ferred by law. Where any lands desired by the State are direct: Provided, That any lands or minerals hereafter unsurveyed at the time of their selection, the Sec- disposed of contrary to the provisions of this section retary of the Interior shall survey the exterior bound- shall be forfeited to the United States by appropriate aries of the area requested without any interior sub- proceedings instituted by the Attorney General for division thereof and shall issue a patent for such se- that purpose in the United States District Court for the lected area in terms of the exterior boundary survey; District of Alaska. where any lands desired by the State are surveyed at ‘‘(j) The schools and colleges provided for in this Act the time of their selection, the boundaries of the area shall forever remain under the exclusive control of the requested shall conform to the public land subdivisions State, or its governmental subdivisions, and no part of established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this 1 So in original. Probably should be ‘‘48 U.S.C.’’. §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 4 the proceeds arising from the sale or disposal of any poses. (As amended Pub. L. 86–70, § 2(b), June 25, 1959, 73 lands granted herein for educational purposes shall be Stat. 141; Pub. L. 86–173, Aug. 18, 1959, 73 Stat. 395; Pub. used for the support of any sectarian or denominational L. 86–786, §§ 3, 4, Sept. 14, 1960, 74 Stat. 1025; Pub. L. school, college, or university. 88–135, Oct. 8, 1963, 77 Stat. 223; Pub. L. 88–289, Mar. 25, ‘‘(k) Grants previously made to the Territory of Alas- 1964, 78 Stat. 169; Pub. L. 89–702, title IV, § 408(b), Nov. ka are hereby confirmed and transferred to the State of 2, 1966, 80 Stat. 1098; Pub. L. 96–487, title IX, § 906(a), Alaska upon its admission. Effective upon the admis- (f)(3), Dec. 2, 1980, 94 Stat. 2437, 2440; Pub. L. 108–452, sion of the State of Alaska into the Union, section 1 of title I, § 101, Dec. 10, 2004, 118 Stat. 3576.) the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. ‘‘SEC. 7. [Certification by President; proclamation for 353), as amended, and the last sentence of section 35 of elections.] Upon enactment of this Act, it shall be the the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C., sec. duty of the President of the United States, not later 191), as amended, are repealed and all lands therein re- than July 3, 1958, to certify such fact to the Governor served under the provisions of section 1 as of the date of Alaska. Thereupon the Governor, on or after July 3, of this Act [July 7, 1958] shall, upon the admission of 1958, and not later than August 1, 1958, shall issue his said State into the Union, be granted to said State for proclamation for the elections, as hereinafter provided, the purposes for which they were reserved; but such re- for officers of all elective offices and in the manner pro- peal shall not affect any outstanding lease, permit, li- vided for by the constitution of the proposed State of cense, or contract issued under said section 1, as Alaska, but the officers so elected shall in any event in- amended, or any rights or powers with respect to such clude two Senators and one Representative in Congress. lease, permit, license, or contract, and shall not affect ‘‘SEC. 8. [Election of officers; date; propositions; cer- the disposition of the proceeds or income derived prior tification of voting results; proclamation by President; to such repeal from any lands reserved under said sec- laws in effect.] (a) The proclamation of the Governor of tion 1, as amended, or derived thereafter from any dis- Alaska required by section 7 shall provide for holding position of the reserved lands or an interest therein of a primary election and a general election on dates to made prior to such repeal. be fixed by the Governor of Alaska: Provided, That the ‘‘(l) The grants provided for in this Act shall be in general election shall not be held later than December lieu of the grant of land for purposes of internal im- 1, 1958, and at such elections the officers required to be provements made to new States by section 8 of the Act elected as provided in section 7 shall be, and officers for of September 4, 1841 (5 Stat. 455), and sections 2378 and other elective offices provided for in the constitution of 2379 of the Revised Statutes (43 U.S.C., sec. 857), and in the proposed State of Alaska may be, chosen by the lieu of the swampland grant made by the Act of Sep- people. Such elections shall be held, and the qualifica- tember 28, 1850 (9 Stat. 520), and section 2479 of the Re- tions of voters thereat shall be, as prescribed by the vised Statutes (43 U.S.C., sec. 982), and in lieu of the constitution of the proposed State of Alaska for the grant of thirty thousand acres for each Senator and election of members of the proposed State legislature. Representative in Congress made by the Act of July 2, The returns thereof shall be made and certified in such manner as the constitution of the proposed State of 1862, as amended (12 Stat. 503; 7 U.S.C., secs. 301–308), Alaska may prescribe. The Governor of Alaska shall which grants are hereby declared not to extend to the certify the results of said elections to the President of State of Alaska. ‘‘(m) The Submerged Lands Act of 1953 (Public Law the United States. ‘‘(b) At an election designated by proclamation of the 31, Eighty-third Congress, first session; 67 Stat. 29) Governor of Alaska, which may be the general election shall be applicable to the State of Alaska and the said held pursuant to subsection (a) of this section, or a Ter- State shall have the same rights as do existing States ritorial general election, or a special election, there thereunder. shall be submitted to the electors qualified to vote in ‘‘(n) The minimum tract selection size is waived with said election, for adoption or rejection, by separate bal- respect to a selection made by the State of Alaska lot on each, the following propositions: under subsection (a) for the following selections: ‘‘ ‘(1) Shall Alaska immediately be admitted into the Union as a State? National Forest Com- Est. ‘‘ ‘(2) The boundaries of the State of Alaska shall be munity Grant Applica- Area Name as prescribed in the Act of Congress approved ll (date tion Number Acres of approval of this Act) and all claims of this State to 209 ...... Yakutat Airport Ad- 111 any areas of land or sea outside the boundaries so pre- dition. scribed are hereby irrevocably relinquished to the 264 ...... Bear Valley (Portage) 120 United States. ‘‘ ‘(3) All provisions of the Act of Congress approved 284 ...... Hyder-Fish Creek ..... 61 ll (date of approval of this Act) reserving rights or 310 ...... Elfin Cove ...... 37 powers to the United States, as well as those prescrib- 384 ...... Edna Bay Admin Site 37 ing the terms or conditions of the grants of lands or 390 ...... Point Hilda ...... 29. other property therein made to the State of Alaska, are ‘‘(o)(1) The State of Alaska may elect to convert a se- consented to fully by said State and its people.’ lection filed under subsection (b) to a selection under ‘‘In the event each of the foregoing propositions is subsection (a) by notifying the Secretary of the Inte- adopted at said election by a majority of the legal rior in writing. votes cast on said submission, the proposed constitu- ‘‘(2) If the State of Alaska makes an election under tion of the proposed State of Alaska, ratified by the paragraph (1), the entire selection shall be converted to people at the election held on April 24, 1956, shall be a selection under subsection (a). deemed amended accordingly. In the event any one of ‘‘(3) The Secretary of the Interior shall not convey a the foregoing propositions is not adopted at said elec- total of more than 400,000 acres of public domain land tion by a majority of the legal votes cast on said sub- selected under subsection (a) or converted under para- mission, the provisions of this Act shall thereupon graph (1) to a public domain selection under subsection cease to be effective. (a). ‘‘The Governor of Alaska is hereby authorized and di- ‘‘(4) Conversion of a selection under paragraph (1) rected to take such action as may be necessary or ap- shall not increase the survey obligation of the United propriate to insure the submission of said propositions States with respect to the land converted. to the people. The return of the votes cast on said prop- ‘‘(p) All selection applications of the State of Alaska ositions shall be made by the election officers directly that are on file with the Secretary of the Interior under to the Secretary of Alaska, who shall certify the re- the public domain provisions of subsection (a) on the sults of the submission to the Governor. The Governor date of enactment of this subsection [Dec. 10, 2004] and shall certify the results of said submission, as so ascer- any selection applications that are converted to a sub- tained, to the President of the United States. section (a) selection under subsection (o)(1) are ap- ‘‘(c) If the President shall find that the propositions proved as suitable for community or recreational pur- set forth in the preceding subsection have been duly Page 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5 adopted by the people of Alaska, the President, upon allel to, and five miles from, the right bank of the main certification of the returns of the election of the offi- channel of the River to its most southerly point cers required to be elected as provided in section 7 of of intersection with the meridian of longitude 160 de- this Act, shall thereupon issue his proclamation an- grees west of Greenwich; thence south to the intersec- nouncing the results of said election as so ascertained. tion of said meridian with the Kuskokwim River; Upon the issuance of said proclamation by the Presi- thence along a line parallel to, and five miles from the dent, the State of Alaska shall be deemed admitted right bank of the Kuskokwim River to the mouth of into the Union as provided in section 1 of this Act. said river; thence along the shoreline of Kuskokwim ‘‘Until the said State is so admitted into the Union, Bay to its intersection with the meridian of longitude all of the officers of said Territory, including the Dele- 162 degrees 30 minutes west of Greenwich; thence south gate in Congress from said Territory, shall continue to to the intersection of said meridian with the parallel of discharge the duties of their respective offices. Upon latitude 57 degrees 30 minutes north; thence east to the the issuance of said proclamation by the President of intersection of said parallel with the meridian of lon- the United States and the admission of the State of gitude 156 degrees west of Greenwich; thence south to Alaska into the Union, the officers elected at said elec- the intersection of said meridian with the parallel of tion, and qualified under the provisions of the constitu- latitude 50 degrees north. tion and laws of said State, shall proceed to exercise all ‘‘(c) Effective upon the issuance of such Executive the functions pertaining to their offices in or under or order or proclamation, exclusive jurisdiction over all by authority of the government of said State, and offi- special national defense withdrawals established under cers not required to be elected at said initial election this section is hereby reserved to the United States, shall be selected or continued in office as provided by which shall have sole legislative, judicial, and execu- the constitution and laws of said State. The Governor tive power within such withdrawals, except as provided of said State shall certify the election of the Senators hereinafter. The exclusive jurisdiction so established and Representative in the manner required by law, and shall extend to all lands within the exterior boundaries the said Senators and Representative shall be entitled of each such withdrawal, and shall remain in effect to be admitted to seats in Congress and to all the with respect to any particular tract or parcel of land rights and privileges of Senators and Representatives only so long as such tract or parcel remains within the of other States in the Congress of the United States. exterior boundaries of such a withdrawal. The laws of ‘‘(d) Upon admission of the State of Alaska into the the State of Alaska shall not apply to areas within any Union as herein provided, all of the Territorial laws special national defense withdrawal established under then in force in the Territory of Alaska shall be and this section while such areas remain subject to the ex- continue in full force and effect throughout said State clusive jurisdiction hereby authorized: Provided, how- except as modified or changed by this Act, or by the ever, That such exclusive jurisdiction shall not prevent constitution of the State, or as thereafter modified or the execution of any process, civil or criminal, of the changed by the legislature of the State. All of the laws State of Alaska, upon any person found within said of the United States shall have the same force and ef- withdrawals: And provided further, That such exclusive fect within said State as elsewhere within the United jurisdiction shall not prohibit the State of Alaska from States. As used in this paragraph, the term ‘Territorial enacting and enforcing all laws necessary to establish laws’ includes (in addition to laws enacted by the Terri- voting districts, and the qualification and procedures torial Legislature of Alaska) all laws or parts thereof for voting in all elections. enacted by the Congress the validity of which is de- ‘‘(d) During the continuance in effect of any special pendent solely upon the authority of the Congress to national defense withdrawal established under this sec- provide for the government of Alaska prior to the ad- tion, or until the Congress otherwise provides, such ex- mission of the State of Alaska into the Union, and the clusive jurisdiction shall be exercised within each such term ‘laws of the United States’ includes all laws or withdrawal in accordance with the following provisions parts thereof enacted by the Congress that (1) apply to of law: or within Alaska at the time of the admission of the ‘‘(1) All laws enacted by the Congress that are of gen- State of Alaska into the Union, (2) are not ‘Territorial eral application to areas under the exclusive jurisdic- laws’ as defined in this paragraph, and (3) are not in tion of the United States, including, but without limit- conflict with any other provisions of this Act. ing the generality of the foregoing, those provisions of ‘‘SEC. 9. [House of Representatives membership.] The title 18, United States Code, that are applicable within State of Alaska upon its admission into the Union shall the special maritime and territorial jurisdiction of the be entitled to one Representative until the taking ef- United States as defined in section 7 of said title, shall fect of the next reapportionment, and such Representa- apply to all areas within such withdrawals. tive shall be in addition to the membership of the ‘‘(2) In addition, any areas within the withdrawals House of Representatives as now prescribed by law: Pro- that are reserved by Act of Congress or by Executive vided, That such temporary increase in the membership action for a particular military or civilian use of the shall not operate to either increase or decrease the per- United States shall be subject to all laws enacted by manent membership of the House of Representatives as the Congress that have application to lands withdrawn prescribed in the Act of August 8, 1911 (37 Stat. 13) nor for that particular use, and any other areas within the shall such temporary increase affect the basis of appor- withdrawals shall be subject to all laws enacted by the tionment established by the Act of November 15, 1941 Congress that are of general application to lands with- (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Con- drawn for defense purposes of the United States. gress and each Congress thereafter. ‘‘(3) To the extent consistent with the laws described ‘‘SEC. 10. [National defense withdrawals; jurisdiction.] in paragraphs (1) and (2) of this subsection and with (a) The President of the United States is hereby au- regulations made or other actions taken under their thorized to establish, by Executive order or proclama- authority, all laws in force within such withdrawals tion, one or more special national defense withdrawals immediately prior to the creation thereof by Executive within the exterior boundaries of Alaska, which with- order or proclamation shall apply within the withdraw- drawal or withdrawals may thereafter be terminated in als and, for this purpose, are adopted as laws of the whole or in part by the President. United States: Provided, however, That the laws of the ‘‘(b) Special national defense withdrawals established State or Territory relating to the organization or pow- under subsection (a) of this section shall be confined to ers of municipalities or local political subdivisions, and those portions of Alaska that are situated to the north the laws or ordinances of such municipalities or politi- or west of the following line: Beginning at the point cal subdivisions shall not be adopted as laws of the where the Porcupine River crosses the international United States. boundary between Alaska and Canada; thence along a ‘‘(4) All functions vested in the United States mag- line parallel to, and five miles from, the right bank of istrate judges by the laws described in this subsection the main channel of the Porcupine River to its con- shall continue to be performed within the withdrawals fluence with the Yukon River; thence along a line par- by such magistrate judges. §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 6

‘‘(5) All functions vested in any municipal corpora- the United States by purchase, condemnation, dona- tion, school district, or other local political subdivision tion, exchange, or otherwise: Provided, (i) That the by the laws described in this subsection shall continue State of Alaska shall always have the right to serve to be performed within the withdrawals by such cor- civil or criminal process within the said tracts or par- poration, district, or other subdivision, and the laws of cels of land in suits or prosecutions for or on account the State or the laws or ordinances of such municipali- of rights acquired, obligations incurred, or crimes com- ties or local political subdivision shall remain in full mitted within the said State but outside of the said force and effect notwithstanding any withdrawal made tracts or parcels of land; (ii) that the reservation of au- under this section. thority in the United States for the exercise by the ‘‘(6) All other functions vested in the government of Congress of the United States of the power of exclusive Alaska or in any officer or agency thereof, except judi- legislation over the lands aforesaid shall not operate to cial functions over which the United States District prevent such lands from being a part of the State of Court for the District of Alaska is given jurisdiction by Alaska, or to prevent the said State from exercising this Act or other provisions of law, shall be performed over or upon such lands, concurrently with the United within the withdrawals by such civilian individuals or States, any jurisdiction whatsoever which it would civilian agencies and in such manner as the President have in the absence of such reservation of authority shall from time to time, by Executive order, direct or and which is consistent with the laws hereafter enacted authorize. by the Congress pursuant to such reservation of author- ‘‘(7) The United States District Court for the District ity; and (iii) that such power of exclusive legislation of Alaska shall have original jurisdiction, without re- shall rest and remain in the United States only so long gard to the sum or value of any matter in controversy, as the particular tract or parcel of land involved is over all civil actions arising within such withdrawals owned by the United States and used for military, under the laws made applicable thereto by this sub- naval, Air Force, or Coast Guard purposes. The provi- section, as well as over all offenses committed within sions of this subsection shall not apply to lands within the withdrawals. such special national defense withdrawal or withdraw- ‘‘(e) Nothing contained in subsection (d) of this sec- als as may be established pursuant to section 10 of this tion shall be construed as limiting the exclusive juris- Act until such lands cease to be subject to the exclu- diction established in the United States by subsection sive jurisdiction reserved to the United States by that (c) of this section or the authority of the Congress to section. (As amended Pub. L. 96–487, title II, § 202(3)(a), implement such exclusive jurisdiction by appropriate Dec. 2, 1980, 94 Stat. 2382.) legislation, or as denying to persons now or hereafter ‘‘SEC. 12. [Judicial and criminal provisions; amend- residing within any portion of the areas described in ment.] Effective upon the admission of Alaska into the subsection (b) of this section the right to vote at all Union— elections held within the political subdivisions as pre- ‘‘(a) The analysis of chapter 5 of title 28, United scribed by the State of Alaska where they respectively States Code, immediately preceding section 81 of such reside, or as limiting the jurisdiction conferred on the title, is amended by inserting immediately after and United States District Court for the District of Alaska underneath item 81 of such analysis, a new item to be by any other provision of law, or as continuing in effect designated as item 81A and to read as follows: laws relating to the Legislature of the Territory of ‘‘ ‘81A. Alaska’; Alaska. Nothing contained in this section shall be con- ‘‘(b) Title 28, United States Code, is amended by in- strued as limiting any authority otherwise vested in serting immediately after section 81 thereof a new sec- the Congress or the President. (As amended Pub. L. tion, to be designated as section 81A, and to read as fol- 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; lows: Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. ‘‘ ‘§ 81A. Alaska 5117.) ‘‘ ‘Alaska constitutes one judicial district. ‘‘SEC. 11. [Denali National Park; military and naval ‘‘ ‘Court shall be held at Anchorage, Fairbanks, Ju- lands; civil and criminal jurisdiction.] (a) Nothing in neau, and Nome.’; this Act shall affect the establishment, or the right, ‘‘(c) Section 133 of title 28, United States Code, is ownership, and authority of the United States in amended by inserting in the table of districts and Denali National Park, as now or hereafter constituted; judges in such section immediately above the item: but exclusive jurisdiction, in all cases, shall be exer- ‘Arizona * * * 2’, a new item as follows: ‘Alaska * * * 1’; cised by the United States for the national park, as ‘‘(d) The first paragraph of section 373 of title 28, now or hereafter constituted; saving, however, to the United States Code, as heretofore amended, is further State of Alaska the right to serve civil or criminal amended by striking out the words: ‘the District Court process within the limits of the aforesaid park in suits for the Territory of Alaska,’: Provided, That the amend- or prosecutions for or on account of rights acquired, ob- ment made by this subsection shall not affect the ligations incurred, or crimes committed in said State, rights of any judge who may have retired before it but outside of said park; and saving further to the said takes effect; State the right to tax persons and corporations, their ‘‘(e) The words ‘the District Court for the Territory of franchises and property on the lands included in said Alaska,’ are stricken out wherever they appear in sec- park; and saving also to the persons residing now or tions 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title hereafter in such area the right to vote at all elections 28, United States Code; held within the respective political subdivisions of ‘‘(f) The first paragraph of section 1252 of title 28, their residence in which the park is situated. United States Code, is further amended by striking out ‘‘(b) Notwithstanding the admission of the State of the word ‘Alaska,’ from the clause relating to courts of Alaska into the Union, authority is reserved in the record; United States, subject to the proviso hereinafter set ‘‘(g) Subsection (2) of section 1294 of title 28, United forth, for the exercise by the Congress of the United States Code, is repealed and the later subsections of States of the power of exclusive legislation, as provided such section are renumbered accordingly; by article I, section 8, clause 17, of the Constitution of ‘‘(h) Subsection (a) of section 2410 of title 28, United the United States, in all cases whatsoever over such States Code, is amended by striking out the words: ‘in- tracts or parcels of land as, immediately prior to the cluding the District Court for the Territory of Alaska,’; admission of said State, are owned by the United ‘‘(i) Section 3241 of title 18, United States Code, is States and held for military, naval, Air Force, or Coast amended by striking out the words: ‘District Court for Guard purposes, including naval petroleum reserve the Territory of Alaska, the’; numbered 4, whether such lands were acquired by ces- ‘‘(j) Subsection (e) of section 3401 of title 18, United sion and transfer to the United States by Russia and States Code, is amended by striking out the words: ‘for set aside by Act of Congress or by Executive order or Alaska or’; proclamation of the President or the Governor of Alas- ‘‘(k) Section 3771 of title 18, United States Code, as ka for the use of the United States, or were acquired by heretofore amended, is further amended by striking out Page 7 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5 from the first paragraph of such section the words: ‘the the District of Alaska for final disposition and enforce- Territory of Alaska,’; ment in the same manner as is now provided by law ‘‘(l) Section 3772 of title 18, United States Code, as with reference to the judgments and decrees in existing heretofore amended, is further amended by striking out United States district courts. All other causes pending from the first paragraph of such section the words: ‘the or determined in the District Court for the Territory of Territory of Alaska,’; Alaska at the time of the admission of Alaska as a ‘‘(m) Section 2072 of title 28, United States Code, as State shall be transferred to the appropriate State heretofore amended, is further amended by striking out court of Alaska. All final judgments and decrees ren- from the first paragraph of such section the words: ‘and dered upon such transferred cases in the United States of the District Court for the Territory of Alaska’; District Court for the District of Alaska may be re- ‘‘(n) Subsection (q) of section 376 of title 28, United viewed by the Supreme Court of the United States or States Code, is amended by striking out the words: ‘the by the United States Court of Appeals for the Ninth District Court for the Territory of Alaska,’: Provided, Circuit in the same manner as is now provided by law That the amendment made by this subsection shall not with reference to the judgments and decrees in existing affect the rights under such section 376 of any present United States district courts. or former judge of the District Court for the Territory ‘‘SEC. 16. [Succession of courts.] Jurisdiction of all of Alaska or his survivors; cases pending or determined in the District Court for ‘‘(o) The last paragraph of section 1963 of title 28, the Territory of Alaska not transferred to the United United States Code, is repealed; States District Court for the District of Alaska shall ‘‘(p) Section 2201 of title 28, United States Code, is devolve upon and be exercised by the courts of original amended by striking out the words: ‘and the District jurisdiction created by said State, which shall be Court for the Territory of Alaska’; and deemed to be the successor of the District Court for the ‘‘(q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; Territory of Alaska with respect to cases not so trans- 5 U.S.C., sec. 341b) is amended by striking out the word: ferred and, as such, shall take and retain custody of all ‘Alaska,’. records, dockets, journals, and files of such court per- ‘‘SEC. 13. [Continuation of suits.] No writ, action, in- taining to such cases. The files and papers in all cases dictment, cause, or proceeding pending in the District so transferred to the United States district court, to- Court for the Territory of Alaska on the date when said gether with a transcript of all book entries to complete Territory shall become a State, and no case pending in the record in such particular cases so transferred, shall an appellate court upon appeal from the District Court be in like manner transferred to said district court. for the Territory of Alaska at the time said Territory ‘‘SEC. 17. [Pending cases in the District Court for the shall become a State, shall abate by the admission of Territory of Alaska.] All cases pending in the District the State of Alaska into the Union, but the same shall Court for the Territory of Alaska at the time said Ter- be transferred and proceeded with as hereinafter pro- ritory becomes a State not transferred to the United vided. States District Court for the District of Alaska shall be ‘‘All civil causes of action and all criminal offenses proceeded with and determined by the courts created which shall have arisen or been committed prior to the by said State with the right to prosecute appeals to the admission of said State, but as to which no suit, action, appellate courts created by said State, and also with or prosecution shall be pending at the date of such ad- the same right to prosecute appeals or writs of certio- mission, shall be subject to prosecution in the appro- rari from the final determination in said causes made priate State courts or in the United States District by the court of last resort created by such State to the Court for the District of Alaska in like manner, to the Supreme Court of the United States, as now provided same extent, and with like right of appellate review, as by law for appeals and writs of certiorari from the if said State had been created and said courts had been court of last resort of a State to the Supreme Court of established prior to the accrual of said causes of action the United States. or the commission of such offenses; and such of said ‘‘SEC. 18. [Jurisdiction of District Court; termination criminal offenses as shall have been committed against date.] The provisions of the preceding sections with re- the laws of the Territory shall be tried and punished by spect to the termination of the jurisdiction of the Dis- the appropriate courts of said State, and such as shall trict Court for the Territory of Alaska, the continu- have been committed against the laws of the United ation of suits, the succession of courts, and the satis- States shall be tried and punished in the United States faction of rights of litigants in suits before such courts, District Court for the District of Alaska. shall not be effective until three years after the effec- ‘‘SEC. 14. [Appeals.] All appeals taken from the Dis- tive date of this Act, unless the President, by Execu- trict Court for the Territory of Alaska to the Supreme tive order, shall sooner proclaim that the United States Court of the United States or the United States Court District Court for the District of Alaska, established in of Appeals for the Ninth Circuit, previous to the admis- accordance with the provisions of this Act, is prepared sion of Alaska as a State, shall be prosecuted to final to assume the functions imposed upon it. During such determination as though this Act had not been passed. period of three years or until such Executive order is All cases in which final judgment has been rendered in issued, the United States District Court for the Terri- such district court, and in which appeals might be had tory of Alaska shall continue to function as heretofore. except for the admission of such State, may still be The tenure of the judges, the United States attorneys, sued out, taken, and prosecuted to the Supreme Court marshals, and other officers of the United States Dis- of the United States or the United States Court of Ap- trict Court for the Territory of Alaska shall terminate peals for the Ninth Circuit under the provisions of then at such time as that court shall cease to function as existing law, and there held and determined in like provided in this section. manner; and in either case, the Supreme Court of the ‘‘SEC. 19. [Federal Reserve Act; amendment.] The United States, or the United States Court of Appeals, first paragraph of section 2 of the Federal Reserve Act in the event of reversal, shall remand the said cause to (38 Stat. 251) is amended by striking out the last sen- either the or other final appellate tence thereof and inserting in lieu of such sentence the court of said State, or the United States district court following: ‘When the State of Alaska is hereafter ad- for said district, as the case may require: Provided, mitted to the Union the Federal Reserve districts shall That the time allowed by existing law for appeals from be readjusted by the Board of Governors of the Federal the district court for said Territory shall not be en- Reserve System in such manner as to include such larged thereby. State. Every national bank in any State shall, upon ‘‘SEC. 15. [Transfer of cases.] All causes pending or de- commencing business or within ninety days after ad- termined in the District Court for the Territory of mission into the Union of the State in which it is lo- Alaska at the time of the admission of Alaska as a cated, become a member bank of the Federal Reserve State which are of such nature as to be within the ju- System by subscribing and paying for stock in the Fed- risdiction of a district court of the United States shall eral Reserve bank of its district in accordance with the be transferred to the United States District Court for provisions of this Act and shall thereupon be an insured §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 8 bank under the Federal Deposit Insurance Act, and fail- phrase, or individual word, or the application thereof to ure to do so shall subject such bank to the penalty pro- any person or circumstance is held invalid, the validity vided by the sixth paragraph of this section.’ of the remainder of the Act and of the application of ‘‘SEC. 20. [Reservation of coal lands; repeal.] Section any such provision, section, subsection, sentence, 2 of the Act of October 20, 1914 (38 Stat. 742, 48 U.S.C., clause, phrase, or individual word to other persons and sec. 433), is hereby repealed. circumstances shall not be affected thereby. ‘‘SEC. 21. [United States Nationality.] Nothing con- ‘‘SEC. 30. [Repeal of inconsistent laws.] All Acts or tained in this Act shall operate to confer United States parts of Acts in conflict with the provisions of this Act, nationality, nor to terminate nationality heretofore whether passed by the legislature of said Territory or lawfully acquired, nor restore nationality heretofore by Congress, are hereby repealed.’’ lost under any law of the United States or under any ALASKA OMNIBUS ACT treaty to which the United States may have been a party. Pub. L. 86–70, June 25, 1959, 73 Stat. 141, as amended, ‘‘SEC. 22. [Immigration and Nationality Act; amend- provided: ment.] Section 101(a)(36) of the Immigration and Na- ‘‘[Sec. 1. Short Title.] That this Act may be cited as tionality Act (66 Stat. 170, 8 U.S.C., sec. 1101(a)(36)) is the ‘Alaska Omnibus Act’. amended by deleting the word ‘Alaska,’. ‘‘SEC. 2 [Federal jurisdiction.] (a) Section 4 of the Act of July 7, 1958 (72 Stat. 339) [set out as a note above], ‘‘SEC. 23. [Immigration and Nationality Act; amend- ment.] The first sentence of section 212(d)(7) of the Im- providing for the admission of the State of Alaska into the Union, is amended by striking out the words ‘all migration and Nationality Act (66 Stat. 188, 8 U.S.C., such lands or other property, belonging to the United sec. 1182(d)(7)) is amended by deleting the word ‘Alas- States or which may belong to said natives’, and insert- ka,’. ing in lieu thereof the words ‘all such lands or other ‘‘SEC. 24. [Persons born in Alaska on or after March property (including fishing rights), the right or title to 30, 1867.] Nothing contained in this Act shall be held to which may be held by said natives or is held by the repeal, amend, or modify the provisions of section 304 United States in trust for said natives’. of the Immigration and Nationality Act (66 Stat. 237, 8 ‘‘(b) Section 6(e) of said Act is amended by striking U.S.C., sec. 1404). out the word ‘legislative’ and inserting in lieu thereof ‘‘SEC. 25. [Immigration and Nationality Act; amend- the word ‘calendar’. ment.] The first sentence of section 310(a) of the Immi- ‘‘SEC. 3. [Termination of application of certain Fed- gration and Nationality Act (66 Stat. 239, 8 U.S.C., sec. eral laws.] Any Territorial law, as that term is defined 1421(a)) is amended by deleting the words ‘District in section 8(d) of the Act of July 7, 1958 (72 Stat. 339, Courts of the United States for the Territories of Ha- 344) [set out as a note above], providing for the admis- waii and Alaska’ and substituting therefor the words sion of the State of Alaska into the Union— ‘District Court of the United States for the Territory of ‘‘(a) which provides for the regulation of commerce Hawaii’. within Alaska by an agency of the United States, and ‘‘SEC. 26. [Immigration and Nationality Act; amend- ‘‘(b) the application of which to the State of Alaska ment.] Section 344(d) of the Immigration and National- is continued solely by reason of such section 8(d), ity Act (66 Stat. 265, 8 U.S.C., sec. 1455(d)) is amended shall cease to apply to the State of Alaska on June by deleting the words ‘in Alaska and’. 30, 1961, or on the effective date of any law enacted by ‘‘SEC. 27. [Transportation by water.] (a) The third the Legislature of the State of Alaska which modifies proviso in section 27 of the Merchant Marine Act, 1920, or changes such Territorial law, whichever occurs as amended (46 U.S.C. [App.], sec. 883) [now 46 U.S.C. first. 55116], is further amended by striking out the word ‘ex- ‘‘SEC. 4. [Sugar Act; amendment.] Section 101 of the cluding’ and inserting in lieu thereof the word ‘includ- Sugar Act of 1948, as amended (7 U.S.C., supp. V, sec. ing’. 1101), is further amended by adding thereto a new sub- ‘‘(b) Nothing contained in this or any other Act shall section, to be designated subsection ‘(o)’ and to read as be construed as depriving the Federal Maritime Board follows: of the exclusive jurisdiction heretofore conferred on it ‘‘ ‘(o) The term ‘‘continental United States’’ means over common carriers engaged in transportation by the 49 States and the District of Columbia.’ water between any port in the State of Alaska and ‘‘SEC. 5. [Soil Bank Act; amendment.] Section 113 of other ports in the United States, its Territories or pos- the Soil Bank Act (7 U.S.C., supp. V, sec. 1837), is sessions, or as conferring upon the Interstate Com- amended to read as follows: ‘This subtitle B shall apply merce Commission jurisdiction over transportation by to the continental United States, except Alaska, and, if water between any such ports. the Secretary determines it to be in the national inter- ‘‘SEC. 28. [Mines and mining.] (a) The last sentence of est, to the State of Alaska, the , the section 9 of the Act entitled ‘An Act to provide for the Commonwealth of Puerto Rico, and the Virgin Islands, leasing of coal lands in the Territory of Alaska, and for and as used in this subtitle B, the term ‘‘State’’ in- other purposes’, approved October 20, 1914 (48 U.S.C. cludes Hawaii, Puerto Rico, and the Virgin Islands.’ 439), is hereby amended to read as follows: ‘All net prof- ‘‘SEC. 6. [Armed Forces; amendment.] (a) Title 10, its from operation of Government mines, and all bo- United States Code, section 101(2), is amended by strik- nuses, royalties, and rentals under leases as herein pro- ing out the words ‘Alaska, Hawaii,’ and inserting in vided and all other payments received under this Act lieu thereof the word ‘Hawaii’. ‘‘(b) Title 10, United States Code, sections 802(11) and shall be distributed as follows as soon as practicable 802(12), are each amended by striking out the words after December 31 and June 30 of each year: (1) 90 per ‘that part of Alaska east of longitude 172 degrees west,’. centum thereof shall be paid by the Secretary of the ‘‘(c) Title 10, United States Code, section 2662(c), is Treasury to the State of Alaska for disposition by the amended by striking out the word ‘Alaska,’. legislature thereof; and (2) 10 per centum shall be de- ‘‘SEC. 7. [National Bank Act; amendment.] Section posited in the Treasury of the United States to the 5192 of the Revised Statutes, as amended (12 U.S.C. 144), credit of miscellaneous receipts.’ is further amended by striking out the words ‘in Alaska ‘‘(b) Section 35 of the Act entitled ‘An Act to promote or’. the mining of coal, phosphate, oil, oil shale, gas, and ‘‘SEC. 8. [Federal Reserve Act; amendment.] (a) Sec- sodium on the public domain’, approved February 25, tion 1 of the Federal Reserve Act, as amended (12 U.S.C. 1920, as amended (30 U.S.C. 191), is hereby amended by 221), is further amended by deleting the period at the inserting immediately before the colon preceding the end of such section and inserting in lieu thereof the fol- first proviso thereof the following: ‘, and of those from lowing: ‘; the term ‘‘the continental United States’’ Alaska 521⁄2 per centum thereof shall be paid to the means the States of the United States and the District State of Alaska for disposition by the legislature there- of Columbia.’ of’. ‘‘(b) Section 19 of the Federal Reserve Act, as amend- ‘‘SEC. 29. [Separability clause.] If any provision of ed (12 U.S.C. 466), is further amended by striking the this Act, or any section, subsection, sentence, clause, words ‘in Alaska or’. Page 9 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5

‘‘SEC. 9. [Home Loan Bank Board.] (a) Paragraph (3) ing out the words ‘other than Alaska’ and inserting in [now (2)] of section 2 of the Federal Home Loan Bank lieu thereof the words ‘including Alaska’. Act, as amended (12 U.S.C. 1422(3) [now 1422(2)]), is fur- ‘‘(b) Section 6 of the Act of August 25, 1958 (72 Stat. ther amended by striking out the words ‘Territories of 845, 847), is amended by striking out the words ‘other Alaska and Hawaii’ and inserting in lieu thereof the than Alaska’ and inserting in lieu thereof the words words ‘Territory of Hawaii’. ‘including Alaska’. ‘‘(b) Section 7 of the Home Owners’ Loan Act of 1933, ‘‘(c) Subsections (a) and (b) of this section shall be ef- as amended (12 U.S.C. 1466), is further amended by fective on July 7, 1961, or on the date of the Executive striking out the words ‘continental United States, to order referred to in section 18 of the Act of July 7, 1958 the Territories of Alaska and Hawaii’ and inserting in (72 Stat. 339, 350), providing for the admission of the lieu thereof the words ‘continental United States (in- State of Alaska into the Union, whichever occurs first. cluding Alaska), to the Territory of Hawaii’. ‘‘(d) Title 18, United States Code, section 1385, is ‘‘SEC. 10. [National Housing Act; amendment.] The amended by deleting the last sentence thereof. National Housing Act is amended by— ‘‘SEC. 18. [Education.] (a)(1) Subsection (a) of section ‘‘(a) striking out the word ‘Alaska,’ in sections 9, 103 of the National Defense Education Act of 1958 (72 201(d), 207(a)(7), 601(d), 713(q), and 801(g) (12 U.S.C., Stat. 1580, 1582), relating to definition of State, is secs. 1706d, 1707(d), 1713(a)(7), 1736(d), 1747l(q); supp. V, amended by striking out ‘Alaska,’ each time it appears. sec. 1748(g)); ‘‘(2) Paragraph (3)(B) of section 302(a) of such Act (72 ‘‘(b) striking out the words ‘the Territory of Alas- Stat. 1580, 1588), relating to definition of continental ka,’ in section 207(c)(2) (12 U.S.C., supp. V, sec. United States for purposes of allotments for science, 1713(c)(2)), and inserting the word ‘Alaska’ in lieu mathematics and modern foreign language instruction thereof; equipment, is amended by striking out ‘does not in- ‘‘(c) by striking out the words ‘the Territory of clude Alaska’ and inserting in lieu thereof ‘includes Alaska or in Guam’ in section 214 (12 U.S.C., supp. V, Alaska’. sec. 1715d; 48 U.S.C., supp. V, sec. 484d), and inserting ‘‘(3) Section 1008 of such Act (72 Stat. 1580, 1605), re- the words ‘Alaska, Guam,’ in lieu thereof; and lating to allotments to territories, is amended by strik- ‘‘(d) striking out the words ‘Territory’ in the two ing out ‘Alaska,’. places where it appears in section 806 (12 U.S.C., supp. ‘‘(b)(1) Section 4 of the Act of February 23, 1917 (20 V, sec. 1748e), and inserting the word ‘State’ in lieu U.S.C. 14), relating to allotments for teacher-training, thereof. is amended by striking out ‘$90,000’ and inserting in ‘‘SEC. 11. [Coast Guard; amendment.] Title 14, United lieu thereof ‘$98,500’. The proviso in the last paragraph States Code, section 634(b), is amended by striking out of section 5 of such Act (20 U.S.C. 16) and so much of the words ‘and for the territory of’ in both places where section 12 of such Act (20 U.S.C. 22) as follows the last they appear therein. semicolon shall not be applicable to Alaska prior to the ‘‘SEC. 12. [Securities and Exchange Commission.] (a) third fiscal year which begins after the enactment of Paragraph (6) of section 2 of the Securities Act of 1933, this Act. as amended (15 U.S.C. 77b(6)), is further amended by ‘‘(2) Paragraph (1) of section 2 of the Vocational Edu- striking out the word ‘Alaska,’. cation Act of 1946 (20 U.S.C. 15i), relating to definition ‘‘(b) Paragraph (16) of section 3(a) of the Securities of States and Territories, is amended by striking out Exchange Act of 1934, as amended (15 U.S.C. 78c(a)(16)), ‘the Territories of Alaska and Hawaii’ and inserting in is further amended by striking out the word ‘Alaska,’. lieu thereof ‘the Territory of Hawaii’. ‘‘(c) Paragraph (18) of section 202(a) of the Investment ‘‘(3) Subsection (e) of section 210 (20 U.S.C., supp. V, Advisers Act of 1940, as amended (15 U.S.C. 80b–2(a)(18)), sec. 15jj(e)), and subsection (a) of section 307 of such is further amended by striking out the word ‘Alaska,’. Act (72 Stat. 1580, 1600), relating to definition of State, ‘‘(d) Paragraph (37) of section 2(a) of the Investment are each amended by striking out ‘Alaska,’. Company Act of 1940, as amended (15 U.S.C. ‘‘(c) Paragraph (13) of section 15 of the Act of Septem- 80a–2(a)(37)), is further amended by striking out the ber 23, 1950, as amended (72 Stat. 548, 558), relating to word ‘Alaska,’. definition of State, is amended by striking out ‘Alas- ‘‘(e) Paragraph (1) of section 6(a) of the Investment ka,’. Company Act of 1940, as amended (15 U.S.C. 80a–6(a)(1)), ‘‘(d)(1) The material in the parentheses in the first is further amended by striking out the word ‘Alaska,’. sentence of subsection (d) of section 3 of the Act of Sep- ‘‘SEC. 13. [Soil Conservation.] (a) Section 8(b) of the tember 30, 1950, as amended, relating to determination Soil Conservation and Domestic Allotment Act, as of local contribution rate, is amended to read: ‘(other amended (16 U.S.C., supp. V, sec. 590h(b)), is further than a local educational agency in Hawaii, Puerto amended by inserting, immediately following the words Rico, , Guam, or the Virgin Islands, or in ‘continental United States’, the words ‘, except in a State in which a substantial proportion of the land is Alaska’. in unorganized territory for which a State agency is ‘‘(b) Section 17(a) of the Soil Conservation and Do- the local educational agency)’. mestic Allotment Act, as amended (16 U.S.C. 590q(a)), is ‘‘(2) The fourth sentence of such subsection is amend- further amended by striking out the words ‘the United ed by inserting ‘(including Alaska)’ after ‘continental States, the Territories of Alaska and Hawaii’ and in- United States’ the first time it appears in such sen- serting in lieu thereof the words ‘the States, the Terri- tence. The fifth sentence of such subsection is amended tory of Hawaii’, and by striking out the word ‘Alaska’ by inserting ‘(including Alaska)’ after ‘continental the second time it appears therein. United States’ the second time it appears in such sen- ‘‘SEC. 14. [Bald Eagles.] Section 1 of the Act of June tence. 8, 1940 (16 U.S.C. 668), is amended by striking out the ‘‘(3) The last sentence of such subsection is amended words ‘except the Territory of Alaska,’. by striking out ‘Alaska,’ and by inserting after ‘the ‘‘SEC. 15. [Wildlife restoration.] Section 8(a) of the Virgin Islands,’ the following: ‘or in any State in which Act of September 2, 1937, as amended (16 U.S.C., supp. a substantial proportion of the land is in unorganized V, sec. 669g–1), is further amended by striking out the territory for which a State agency is the local edu- words ‘the Alaska Game Commission,’, ‘said Territory cational agency,’. of Alaska’,’ ‘not exceeding $75,000 for Alaska, and’, and ‘‘(4) Paragraph (8) of section 9 of such Act (20 U.S.C., ‘the Territory of Alaska,’. supp. V, sec. 244(8)), relating to definition of State, is ‘‘SEC. 16. [Fish restoration.] Section 12 of the Act of amended by striking out ‘Alaska,’. August 9, 1950, as amended (16 U.S.C., supp. V, sec. ‘‘SEC. 19. [Importation of milk and cream.] Sub- 777k), is further amended by striking out the words ‘the section (b) of section 9 of the Act of February 15, 1927 Alaska Game Commission,’, ‘said Territory of Alaska,’, (21 U.S.C. 149(b)), is amended by inserting the words, ‘not exceeding $75,000 for Alaska, and’, and ‘the Terri- ‘, including Alaska’ immediately following the words tory of Alaska,’. ‘continental United States’. ‘‘SEC. 17. [Criminal Code; amendments.] (a) Title 18, ‘‘SEC. 20. [Opium Poppy Control.] Section 12 of the United States Code, section 5024, is amended by strik- Opium Poppy Control Act of 1942 (21 U.S.C. 188k) is §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 10 amended by deleting therefrom the words ‘the Terri- ‘‘(f) Notwithstanding the limitation contained in sub- tory of Alaska,’. section (f) of section 120 of Title 23, United States Code, ‘‘SEC. 21. [Highways.] (a) The Secretary of Transpor- the Secretary of Transportation is authorized to make tation shall transfer to the State of Alaska by appro- expenditures from the emergency fund under section priate conveyance without compensation, but upon 125 of such title for the repair or reconstruction of such terms and conditions as he may deem desirable, highways on the Federal-aid highway systems of Alas- all lands or interests in lands, including buildings and ka which have been damaged or destroyed by the 1964 fixtures, all personal property, including machinery, earthquake and subsequent seismic waves, in accord- office equipment, and supplies, and all records pertain- ance with the Federal share payable under subsection ing to roads in Alaska, which are owned, held, adminis- (a) of section 120 of such title. The increase in expendi- tered by, or used by the Secretary in connection with tures resulting from the difference between the Federal the activities of the Bureau of Public Roads in Alaska, share authorized by this subsection and that authorized (i) except such lands or interests in lands, including by subsection (f) of section 120 of such title shall be re- buildings and fixtures, personal property, including imbursed to the emergency fund by an appropriation machinery, office equipment, and supplies, and records from the general fund of the Treasury: Provided, That as the Secretary may determine are needed for the op- such increase in expenditures shall not exceed erations, activities, and functions of the Bureau of Pub- $15,000,000 in the aggregate. (As amended Pub. L. 88–451, lic Roads in Alaska after such transfer, including serv- § 3, Aug. 19, 1964, 78 Stat. 505; Pub. L. 97–449, § 2(a), Jan. ices or functions performed pursuant to section 44 of 12, 1983, 96 Stat. 2439.) this Act; and (ii) except such lands or interests in lands ‘‘SEC. 22. [Internal Revenue.] (a) Section 2202 of the as he or the head of any other Federal agency may de- Internal Revenue Code of 1986 (relating to missionaries termine are needed for continued retention in Federal in foreign service), and sections 3121(e)(1), 3306(j), ownership for purposes other than or in addition to 4221(d)(4), and 4233(b) of such Code (each relating to a road purposes. special definition of ‘State’) are amended by striking ‘‘(b) Notwithstanding any other provision of this sec- out ‘Alaska,’. tion, any contract entered into by the Federal Govern- ‘‘(b) Section 4262(c)(1) of the Internal Revenue Code of ment in connection with the activities of the Bureau of 1986 (definition of ‘continental United States’) is Public Roads in Alaska which has not been completed amended to read as follows: on the date of the transfer provided under subsection ‘‘ ‘(1) Continental United States.—The term ‘‘con- (a) hereof may be completed according to the terms tinental United States’’ means the District of Colum- thereof. bia and the States other than Alaska.’ ‘‘(c)(1) The State of Alaska shall be responsible for ‘‘(c) Section 4502(5) of the Internal Revenue Code of the maintenance of roads, including bridges, tunnels, 1986 (relating to definition of ‘United States’) is amend- and ferries, transferred to it under subsection (a) of ed by striking out ‘the Territories of Hawaii and Alas- this section, as long as any such road is needed for ka’ and by inserting in lieu thereof ‘the Territory of highway purposes. Hawaii’. ‘‘(2) Federal-aid funds apportioned to Alaska under ‘‘(d) Section 4774 of the Internal Revenue Code of 1986 title 23, United States Code, for fiscal year 1960 and (relating to territorial extent of law) is amended by prior fiscal years, and unobligated on the date of enact- striking out ‘the Territory of Alaska,’. ment of this Act, may be used for maintenance of high- ‘‘(e) Section 7621(b) of the Internal Revenue Code of ways on the Federal-aid systems in Alaska. 1986 (relating to boundaries of internal revenue dis- ‘‘(d) Effective July 1, 1959, the following provisions of tricts) is amended to read as follows: law are repealed: ‘‘ ‘(b) Boundaries.—For the purpose mentioned in ‘‘(1) Title 23, United States Code, section 103(f); subsection (a), the President may subdivide any ‘‘(2) Title 23, United States Code, section 116(d) [now State, Territory, or the District of Columbia, or may 23 U.S.C. 116(e)]; unite into one district two or more States or a Terri- ‘‘(3) Title 23, United States Code, section 119; tory and one or more States.’ ‘‘(4) Title 23, United States Code, section 120(h) [now ‘‘(f) Section 7653(d) of the Internal Revenue Code of 23 U.S.C. 120(g)], except that the portion of the first 1986 is amended by striking out ‘its Territories or pos- sentence thereof relating to the percentage of funds to sessions’ and inserting in lieu thereof ‘its possessions be contributed by Alaska shall continue to apply to or the Territory of Hawaii’. funds apportioned to Alaska for fiscal year 1960 and ‘‘(g) Section 7701(a)(9) of the Internal Revenue Code of prior fiscal years; 1986 (relating to definition of ‘United States’) is amend- ‘‘(5) Sections 107(b) and (d) of the Federal-Aid High- ed by striking out ‘the Territories of Alaska and Ha- way Act of 1956 (70 Stat. 374, 377, 378); waii’ and inserting in lieu thereof ‘the Territory of Ha- ‘‘(6) Section 2 of the Act of January 27, 1905 (33 Stat. waii’. 616), as amended (48 U.S.C. 322 and the following); and ‘‘(h) Section 7701(a)(10) of the Internal Revenue Code ‘‘(7) The Act of June 30, 1932 (47 Stat. 446), as amended of 1986 (relating to definition of State) is amended by (48 U.S.C. 321(a) and the following). striking out ‘Territories’ and inserting in lieu thereof ‘‘(e) Effective on July 1, 1959, the following provisions ‘Territory of Hawaii’. of law are amended: ‘‘(i) The amendments contained in subsections (a) ‘‘(1) The definition of the term ‘State’ in title 23, through (h) of this section shall be effective as of Janu- United States Code, section 101(a), is amended to read ary 3, 1959. (As amended Pub. L. 99–514, § 2, Oct. 22, 1986, as follows: 100 Stat. 2095.) ‘‘ ‘The term ‘‘State’’ means any one of the forty- ‘‘SEC. 23. [Courts.] (a) The Judicial Conference of the nine States, the District of Columbia, Hawaii, or United States, with the assistance of the Administra- Puerto Rico.’; tive Office of the United States Courts, shall conduct a ‘‘(2) Title 23, United States Code, section 104(b), is study, including a field survey, of the Federal Judicial amended by deleting the phrase ‘, except that only one- business arising in the State of Alaska with a view to- third of the area of Alaska shall be included’ where it ward directing the United States Court of Appeals for appears in paragraphs (1) and (2) of said section 104(b); the Ninth Circuit to hold such terms of court in An- ‘‘(3) Title 23, United States Code, section 116(a) [now chorage or such other Alaskan cities as may be nec- 23 U.S.C. 116(b)], is amended by deleting the phrase ‘Ex- essary for the prompt and efficient administration of cept as provided in subsection (d) of this section,’ and justice. by capitalizing the word ‘it’ immediately following ‘‘(b) Title 28, United States Code, section 81A, is such phrase; and amended by inserting the word ‘Ketchikan,’ imme- ‘‘(4) Title 23, United States Code, section 120(a), is diately following the word ‘Juneau,’. amended by deleting the phrase ‘subsection (d) and (h)’ ‘‘(c) Such authority as has been exercised by the At- and by inserting in lieu thereof the phrase ‘subsection torney General heretofore, with regard to the Federal (d)’. court system in Alaska, pursuant to section 30 of the Page 11 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5

Act of June 6, 1900 (48 U.S.C. 25), shall continue to be ‘‘(b) Subsection (a) of section 702 of such Act exercised by him after the court created by section ([former] 40 U.S.C., supp. V, sec. 522(a)), is amended by 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) [set out striking out the words ‘Territories of Alaska and Ha- above], providing for the admission of the State of waii’ and inserting in lieu thereof the words ‘Territory Alaska into the Union, is established. of Hawaii’. ‘‘(d) All balances of public moneys received by the ‘‘SEC. 31. [Public Health Service Act; amendment.] (a) clerks of each division of the District Court for the Ter- Subsection (f) of section 2 of the Public Health Service ritory of Alaska pursuant to section 10 of the Act of Act (42 U.S.C. 201(f)), relating to definition of State, is June 6, 1900, as amended (48 U.S.C. 107), which are on amended by striking out ‘Hawaii, Alaska,’ and insert- hand after all payments ordered by that court and ap- ing in lieu thereof ‘Hawaii,’ and by striking out ‘, the proved by the Administrative Office of the United District of Columbia, or Alaska’ and inserting in lieu States Courts shall have been made, shall be covered thereof ‘or the District of Columbia’. into the Treasury of the United States as required by ‘‘(b)(1) Effective July 1, 1959, section 371 of the Public law, and the Secretary of the Treasury shall pay the Health Service Act, as added by the Alaska Mental amounts so covered, which are hereby appropriated, to Health Enabling Act (42 U.S.C., supp. V, sec. 273), is re- the State of Alaska. pealed. ‘‘SEC. 24. [Vocational Rehabilitation Act; amend- ‘‘(2) Subsection (a) of section 372 of such Act (42 ment.] (a) Subsection (g) of section 11 of the Vocational U.S.C., supp. V, sec. 274(a)), is amended by striking out Rehabilitation Act (29 U.S.C., supp. V, sec. 41(g)), relat- ‘the Territory of’. ing to definition of State, is amended by striking out ‘‘(3) Subsections (b), (c), and (e) of such section are ‘Alaska,’. each amended by striking out ‘the Territory’ each time ‘‘(b)(1) Subsection (i) and paragraph (1) of subsection it appears and inserting in lieu thereof ‘Alaska’. (h) of such section, relating to definition of allotment ‘‘(4) Such subsection (e) is further amended by strik- percentages and Federal shares for purposes of allot- ing out ‘the Territory’s’ and inserting in lieu thereof ment and matching for vocational rehabilitation serv- ‘Alaska’s’. ices, are each amended by striking out ‘(excluding ‘‘(c)(1) Subsection (a) of section 631 of such Act (42 Alaska)’ and inserting in lieu thereof ‘(including Alas- U.S.C., supp. V, sec. 291i(a)), relating to definition of al- ka)’. lotment percentage for purposes of allotments for con- ‘‘(2) Paragraph (1) of such subsection (h) is further struction, is amended by striking out ‘(excluding Alas- amended by striking out ‘Alaska,’. ka)’ and inserting in lieu thereof ‘(including Alaska)’ ‘‘(3) Such subsection (i) is further amended by strik- and by striking out ‘for Alaska and Hawaii shall be 50 ing out ‘Hawaii and Alaska’ in clause (B) and inserting per centum each’ in clause (2) and inserting in lieu in lieu thereof ‘Hawaii’, thereof ‘for Hawaii shall be 50 per centum’. ‘‘SEC. 25. [Gold Reserve Act; amendment.] Section 15 ‘‘(2) Subsection (d) of such section, relating to defini- of the Gold Reserve Act of 1934, as amended (31 U.S.C. tion of State, is amended by striking out ‘Alaska,’. 444), is further amended by striking out the words ‘, the ‘‘SEC. 32. [Social Security Act; amendment.] (a) Para- District of Columbia, and the Territory of Alaska’ and graph (8) of section 1101(a) of the Social Security Act inserting in lieu thereof the words ‘and the District of (72 Stat. 1013, 1050), relating to definition of Federal Columbia’. percentage for purposes of matching for public assist- ‘‘SEC. 26. [Silver Purchase Act; amendment.] Section ance grants, is amended by striking out ‘Alaska and’ in 10 of the Silver Purchase Act of 1934 (31 U.S.C. 448b), is clause (ii) of subparagraph (A) and by striking out ‘(ex- amended by striking out the words ‘, the District of cluding Alaska)’ in subparagraphs (A) and (B) and in- Columbia, and the Territory of Alaska’ and inserting in serting in lieu thereof ‘(including Alaska)’. lieu thereof the words ‘and the District of Columbia’. ‘‘(b)(1) Subsection (a) of section 524 of the Social Se- ‘‘SEC. 27. [National Guard; amendment.] Title 32, curity Act (72 Stat. 1013, 1054), relating to definition of United States Code, section 101(1), is amended by strik- allotment percentage for purposes of allotments for ing out the words ‘Alaska, Hawaii,’ and inserting in child welfare services, is amended by striking out ‘50 lieu thereof the word ‘Hawaii’. per centum in the case of Alaska and’ in clause (B). ‘‘SEC. 28. [Water Pollution Control Act; amendment.] ‘‘(2) Subsection (b) of such section, relating to defini- (a) Paragraph (1) of section 5(h) of the Federal Water tion of Federal share for purposes of matching for child Pollution Control Act (33 U.S.C., supp. V, sec. welfare services, is amended by striking out ‘50 per cen- 466d(h)(1)), relating to Federal share for purposes of tum in the case of Alaska and’ in clause (2). matching for program operation, is amended by strik- ‘‘(3) Such subsections (a) and (b), and subsection (c) of ing out ‘(excluding Alaska)’ and inserting in lieu there- such section, relating to promulgation of Federal of ‘(including Alaska)’ and by striking out, in clause shares and allotment percentages, are each amended by (B), ‘and Alaska’. striking out ‘(excluding Alaska)’ and inserting in lieu ‘‘(b) Subsection (d) of section 11 of such Act (33 thereof ‘(including Alaska)’. U.S.C., Supp. V, sec. 466j(d)), is amended by striking ‘‘(c)(1) The last sentence of section 202(i) of the Social out ‘Alaska,’. Security Act (42 U.S.C., supp. V, sec. 402(i)), is amended ‘‘SEC. 29. [Veterans’ Benefits; amendment.] (a) Title by striking out ‘forty-eight’ and inserting in lieu there- 38, United States Code, section 903(b) [now 2303(b)], is of ‘forty-nine’. amended by striking out the words ‘, or to the place of ‘‘(2) Subsections (h) and (i) of section 210 of such Act burial within Alaska if the deceased was a resident of (42 U.S.C. 410(h), (i)), relating to definitions of State Alaska who had been brought to the United States as and United States for purposes of old-age, survivors, a beneficiary of the Veterans’ Administration for hos- and disability insurance, are each amended by striking pital or domiciliary care’; by inserting the word ‘con- out ‘Alaska,’. tinental’ immediately before the words ‘United States’ ‘‘(d)(1) Paragraph (1) of section 1101(a) of the Social the second time they appear in such section; and by in- Security Act (42 U.S.C., supp. V, sec. 1301(a)(1)), relat- serting, immediately following the words ‘continental ing to definition of State, is amended by striking out United States’ in both places where they appear in such ‘Alaska, Hawaii,’ and inserting in lieu thereof ‘Hawaii’. section, the parenthetical phrase ‘(including Alaska)’. ‘‘(2) Paragraph (2) of such section (42 U.S.C., ‘‘(b) Title 38, United States Code, section 2007(c) [now 1301(a)(2)), relating to definition of United States, is 4107(c)], is amended by striking out the word ‘Alaska,’. amended by striking out ‘Alaska,’. ‘‘SEC. 30. [Federal Property and Administrative Serv- ‘‘SEC. 33. [Congressional Record.] Section 73 of the ices Act; amendment.] (a) Subsection (f) of section 3 of Act of January 12, 1895, as amended (44 U.S.C., supp. V, the Federal Property and Administrative Services Act sec. 183), is further amended by striking out the word of 1949 (40 U.S.C. 472(f)) [now 40 U.S.C. 102(6)], is amend- ‘Alaska,’ [Repealed by Pub. L. 90–620, § 3, Oct. 22, 1968, ed by striking out the words ‘, Hawaii, Alaska,’ and in- 82 Stat. 1310]. serting in lieu thereof the words ‘(including Alaska), ‘‘SEC. 34. [Federal Register.] Section 8 of the Federal Hawaii,’. Register Act (44 U.S.C. 308) is amended by striking out §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 12 the parenthetical phrase ‘(not including Alaska)’ and ‘‘(c) Section 201 of that Act [42 U.S.C. 1711] is amend- inserting in lieu thereof the parenthetical phrase ‘(in- ed by adding the following new subsection at the end cluding Alaska)’ [Repealed by Pub. L. 90–620, § 3, Oct. 22, thereof: 1968, 82 Stat. 1310]. ‘‘ ‘(f) the term ‘‘continental United States’’ means the ‘‘SEC. 35. [Airports.] (a) The Administrator of the States and the District of Columbia.’ Federal Aviation Agency is authorized and directed to ‘‘SEC. 43. [Buy American Act; amendment.] Section transfer to the State of Alaska by appropriate convey- 1(b) of Title III of the Act of March 3, 1933 ([former] 41 ance, and subject to such terms and conditions as he U.S.C. 10c(b)) [now 41 U.S.C. 8301(1)], is amended by may deem appropriate, all the right, title, and interest striking out the word ‘Alaska,’. of the United States in and to the public airports con- ‘‘SEC. 44. [Transitional grants.] (a) In order to assist structed and operated pursuant to the Act of May 28, the State of Alaska in accomplishing an orderly transi- 1948, as amended (48 U.S.C. 485 and the following), in- tion from Territorial status to statehood, and in order cluding all the land, buildings, structures, facilities, to facilitate the assumption by the State of Alaska of equipment, and other personal property appurtenant responsibilities hitherto performed in Alaska by the thereto and necessary for the operation thereof, except Federal Government, there are hereby authorized to be for such property, real or personal, as the Adminis- appropriated to the President, for the purpose of mak- trator may determine is needed for the performance of ing transitional grants to the State of Alaska, the sum functions of the United States in Alaska after such of $10,500,000 for the fiscal year ending June 30, 1960; the transfer. Such transfer shall be without monetary con- sum of $6,000,000 for each of the fiscal years ending sideration to the United States. June 30, 1961, and June 30, 1962; the sum of $3,000,000 for ‘‘(b) Notwithstanding any other provisions of this each of the fiscal years ending June 30, 1963, and June section, any contract entered into by the Federal Avia- 30, 1964; and the sum of $23,500,000 for the period ending tion Agency in connection with its activities with re- June 30, 1966. spect to public airports constructed and operated pur- ‘‘(b) The Governor of Alaska may submit to the suant to the Act of May 28, 1948, as amended (48 U.S.C. President a request that a Federal agency continue to 485 and the following), which has not been completed by provide services or facilities in Alaska for an interim the date of enactment of this Act, may be completed period, pending the provision of such services or facili- according to the terms thereof. ties by the State of Alaska. Such interim period shall ‘‘SEC. 36. [Selective Service.] Section 16(b) of the Uni- not extend beyond June 30, 1966. In the event of such re- versal Military Training and Service Act, as amended quest, and in the event of the approval thereof by the (50 U.S.C., app., sec. 466(b)), is further amended by President, the President may allocate, at his discre- striking out the word ‘Alaska,’. tion, to such agency the funds necessary to finance the ‘‘SEC. 37. [Real property transactions.] Section 43(c) provision of such services or facilities. Such funds shall of the Act of August 10, 1956 (50 U.S.C. app., supp. V, be allocated from appropriations made pursuant to sub- sec. 2285(c)), is amended by striking out the word ‘Alas- section (a) hereof, and the amount of such funds shall ka,’. be deducted from the amount of grants available to the ‘‘SEC. 38. [Recreation facilities.] Section 2 of the Act State of Alaska pursuant to such subsection. of May 4, 1956 (70 Stat. 130), is hereby repealed. There ‘‘(c) After the transfer or conveyance to the State of are hereby authorized to be appropriated for the fiscal Alaska of any property or function pursuant to the Act year ending June 30, 1960, such sums as may be nec- of July 7, 1958 (72 Stat. 339) [set out as a note above], essary to complete the construction of facilities de- providing for the admission of the State of Alaska into scribed in section 1 of such Act, as amended by the Act the Union, or pursuant to this Act or any other law, of August 30, 1957 (71 Stat. 510), if construction was and until June 30, 1966, the head of the Federal agency begun prior to June 30, 1959, and to maintain the facili- having administrative jurisdiction of such property ties pending their transfer pursuant to such section. prior to its transfer or conveyance may contract with ‘‘SEC. 39. [Aircraft loan guarantees.] Section 3 of the the State of Alaska for the performance by such agen- Act of September 7, 1957 (71 Stat. 629), is amended by cy, on a reimbursable basis, of some or all of the func- striking out the words ‘Territory of Alaska’ and insert- tions authorized to be performed by it in Alaska imme- ing in lieu thereof the words ‘State of Alaska’. diately preceding such conveyance or transfer. (As ‘‘SEC. 40. [Defense Base Act; amendment.] (a) Para- amended Pub. L. 88–311, §§ 1, 2, May 27, 1964, 78 Stat. graphs (2) and (3) of section 1(a) of the Defense Base 201.) Act, as amended (55 Stat. 622; 42 U.S.C. 1651 and the fol- ‘‘SEC. 45. [Transfer of property.] (a) If the President lowing), are amended by striking out ‘Alaska;’ in the determines that any function performed by the Federal parenthetical phrase in each paragraph. Government in Alaska has been terminated or cur- ‘‘(b) Paragraph (6) of section 1(a) of that Act is tailed by the Federal Government and that perform- amended by striking out ‘or in Alaska or the Canal ance of such function or substantially the same func- Zone’. tion has been or will be assumed by the State of Alas- ‘‘(c) Section 1(b) of that Act is amended by striking ka, the President may, until July 1, 1966, in his discre- the period at the end of paragraph (3), inserting in lieu tion, transfer and convey to the State of Alaska, with- thereof a semicolon, and adding the following para- out reimbursement, any property or interest in prop- graph: erty, real or personal, situated in Alaska which is ‘‘ ‘(4) the term ‘‘continental United States’’ means owned or held by the United States in connection with the States and the District of Columbia.’ such function, the assumption of which function is pur- ‘‘SEC. 41. [Timber removal.] The Act of March 3, 1891 suant to this Act or the Act of July 7, 1958 (72 Stat. 339) (26 Stat. 1093), as amended (16 U.S.C. 607), is further [set out as a note above]. amended by deleting the words ‘Territory of Alaska’ ‘‘(b) Structures and improvements of block 32 of the and the words ‘or Territory’ where they there appear city of Juneau granted to the State of Alaska by sec- and by inserting the word ‘Alaska,’ after the words ‘In tion 6(c) of the Act providing for the admission of Alas- the State of’. ka into the Union (72 Stat. 339, 340), shall include all ‘‘SEC. 42. [War Hazards Compensation Act; amend- furnishings and equipment in the structure known as ment.] (a) Paragraphs (2), (3), and (5) of section 101(a) of the Governor’s mansion, or used in the operation or the War Hazards Compensation Act, as amended (56 maintenance thereof. (As amended Pub. L. 88–311, § 2, Stat. 1028; 42 U.S.C. 1701 and the following), are amend- May 27, 1964, 78 Stat. 201.) ed by striking out ‘or in Alaska or the Canal Zone’. ‘‘SEC. 46. [Claims Commission.] (a) In the event that ‘‘(b) Section 104 of that Act [42 U.S.C. 1704] is amend- any disputes arise between the United States and the ed by adding the following new subsection at the end State of Alaska prior to January 1, 1965, concerning the thereof: transfer, conveyance, or other disposal of property to ‘‘ ‘(c) The provisions of this section shall not apply the State of Alaska pursuant to section 6(e) of the Act with respect to benefits on account of any injury or of July 7, 1958 (72 Stat. 339, 340) [set out as a note death occurring within any State.’ above], providing for the admission of the State of Page 13 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 4, 5

Alaska into the Union, or pursuant to this Act, the (4) of subsection (d) of section 18; by subsection (a) of President is authorized (1) to appoint by and with the section 24; by subsection (b) of section 28; by subsection advice and consent of the Senate a temporary commis- (a), by subparagraphs (2), (3), and (4) of subsection (b), sion of three persons, to consider, ascertain, adjust, de- and by paragraph (2) of subsection (c) of section 31; by termine, and settle such disputes, and (2) to make such paragraph (2) of subsection (c) and by subsection (d) of rules and regulations as may be necessary to establish section 32; and, except as provided in subsection (b) of such temporary commission or as may be necessary to this section by paragraph (1) of subsection (a) of section terminate such temporary commission at the conclu- 18, shall be effective on January 3, 1959. sion of its duties. In carrying out its duties under this ‘‘(e) The amendment made by paragraph (1) of sub- section, such commission may hold such hearings, take section (c) of section 32 shall apply in the case of deaths such testimony, sit and act at such times and places, occurring on or after January 3, 1959. and incur such expenditures as the commission deems ‘‘(f) The amendments made by paragraph (1) of sub- necessary. No commission shall be appointed under au- section (b) and paragraphs (1), (2), and (3) of subsection thority of this subsection after June 30, 1965. (d) of section 18 shall be applicable for fiscal years be- ‘‘(b) The commission may, without regard to the civil ginning July 1, 1959. service laws and the Classification Act of 1949, employ ‘‘(g) The amendments in sections 40 and 42 shall take and fix the compensation of such employees as it deems effect when enacted: Provided, however, That with re- necessary to carry out its duties under this section. spect to injuries or deaths occurring on or after Janu- The commission is authorized to use the facilities, in- ary 3, 1959, and prior to the effective date of these formation, and personnel of the departments, agencies, amendments, claims filed by employees engaged in the and establishments of the executive branch of the State of Alaska in any of the employments covered by United States Government which it deems necessary to the Defense Base Act [42 U.S.C. 1651 et seq.] (and their carry out its duties; and each such department, agency, dependents) may be adjudicated under the Workmen’s Compensation Act of Alaska instead of the Defense and instrumentality is authorized to furnish such fa- Base Act. (As amended Pub. L. 86–624, § 47(g)(4), July 12, cilities, information, and personnel to the commission 1960, 74 Stat. 424.) upon request made by the commission. The commission ‘‘SEC. 48. [Definition of ‘Continental United States’.] shall reimburse each such department, agency, or in- Whenever the phrase ‘continental United States’ is strumentality for the services of any personnel uti- used in any law of the United States enacted after the lized. The commission may establish such procedures, date of enactment of this Act, it shall mean the 49 rules, and regulations as may be necessary to carry out States on the North American Continent and the Dis- its duties under this section. trict of Columbia, unless otherwise expressly provided. ‘‘(c) No member of such commission shall be an offi- ‘‘SEC. 49. [Other subjects.] The amendment by this cer or employee of the United States or of the State of Act of certain statutes by deleting therefrom specific Alaska. Any commissioner may be removed by the references to Alaska or such phrases as ‘Territory of President for inefficiency, neglect of duty, or malfea- Alaska’ shall not be construed to affect the applicabil- sance in office. A vacancy in the commission shall not ity or inapplicability in or to Alaska of other statutes impair the right of the remaining commissioners to ex- not so amended. ercise all the powers of the commission. Each member ‘‘SEC. 50. [Separability.] If any provision of this Act, of the commission shall be paid compensation at the or the application thereof to any person or circum- rate of $50 per day for each day spent in the work of the stances, is held invalid, the remainder of this Act, and commission, shall be reimbursed for actual and nec- the application of such provision to other persons or essary travel expenses, and shall receive a per diem al- circumstances, shall not be affected thereby. lowance in accordance with the provisions of the Travel ‘‘SEC. 51. [New Federal Loan Adjustments.] (a) The Expense Act of 1949, as amended, when away from his Secretary of Agriculture is authorized to compromise usual place of residence. or release such portion of a borrower’s indebtedness ‘‘(d) There are hereby authorized to be appropriated under programs administered by the Farmers Home Ad- such sums as may be necessary to enable the commis- ministration in Alaska as he finds necessary because of sion to perform its duties under this section. loss resulting from the 1964 earthquake and subsequent ‘‘SEC. 47. [Effective dates.] (a) The amendments made seismic waves, and he may refinance outstanding in- by paragraph (2) of subsection (a) of section 18, by sub- debtedness of applicants in Alaska for loans under sec- section (a) of section 28, by paragraph (1) of subsection tion 502 of the Housing Act of 1949 [42 U.S.C. 1472] for (c) of section 31, by subsections (a) and (b) of section 32, the repair, reconstruction, or replacement of dwellings and, except as provided in subsection (c) of this section, or farm buildings lost, destroyed, or damaged by such by subsection (b) of section 24, shall be applicable in causes and securing such outstanding indebtedness. the case of promulgations of Federal shares, allotment Such loans may also provide for the purchase of build- percentages, allotment ratios, and Federal percentages, ing sites, when the original sites cannot be utilized. as the case may be, made after satisfactory data are ‘‘(b) The Secretary of Agriculture is authorized to available from the Department of Commerce for a full compromise or release such portion of a borrower’s in- year on the per capita income of Alaska, and for this debtedness under programs administered by the Rural purpose such promulgations shall, before such data for Electrification Administration in Alaska as he finds the full period required by the applicable statutory pro- necessary because of loss, destruction, or damage of vision as so amended are available from the Depart- property resulting from the 1964 earthquake and subse- ment of Commerce, be based on satisfactory data avail- quent seismic waves. (Added Pub. L. 88–451, § 4, Aug. 19, able from such Department for such one full year or, 1964, 78 Stat. 505.) when such data for a two-year period are available, for ‘‘SEC. 52. [Compromise or Release of Notes or Other such two years. Obligations.] The Secretary of Housing and Urban De- ‘‘(b) The amendments made by paragraphs (1) and (3) velopment is authorized to compromise or release such of subsection (a) of section 18 shall be applicable, in the portion of any note or other obligation held by him case of allotments under section 302(b) or 502 of the Na- with respect to property in Alaska pursuant to Title II tional Defense Education Act of 1958 [20 U.S.C. 442(b) or of the Housing Amendments of 1955 [42 U.S.C. 1491–1497] 482], for fiscal years beginning July 1, 1959, and in the or included within the revolving fund for liquidating case of allotments under section 302(a) of such Act, in programs established by the Independent Offices Appro- the case of allotments based on allotment ratios, pro- priation Act of 1955, as he finds necessary because of mulgated under such section 302(a), to which the loss, destruction, or damage to facilities securing such amendment made by paragraph (2) of subsection (a) of obligations by the 1964 earthquake and subsequent seis- section 18 of this Act is applicable. mic waves. (Added Pub. L. 88–451, § 4, Aug. 19, 1964, 78 ‘‘(c) [Repealed. Pub. L. 86–624, § 47(g)(4), July 12, 1960, Stat. 506, and amended Pub. L. 90–19, § 15(a), May 25, 74 Stat. 424.] 1967, 81 Stat. 24.) ‘‘(d) The amendments made by paragraphs (2) and (3) ‘‘SEC. 53. [Urban Renewal.] The Secretary of Housing of subsection (b), by subsection (c), and by paragraph and Urban Development is authorized to enter into con- §§ 4, 5 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 14 tracts for grants not exceeding $25,000,000 for urban re- property shall exceed $30,000; (5) provide regulations to newal projects in Alaska, including open land projects, assure equitable treatment among home owners and to under section 111 of the Housing Act of 1949 [42 U.S.C. prevent unjustified payments or gains to the State, 1462], which he determines will aid the communities in mortgagees or mortgagors; and (6) provide that the which they are located in reconstruction and redevelop- State agency will make such reports, in such form and ment made necessary by the 1964 earthquake and subse- containing such information as the President may from quent seismic waves. Such authorization shall be in ad- time to time require, and give the President, upon de- dition to and separate from any grant authorization mand, access to the records on which such reports are contained in section 103(b) of said Act [42 U.S.C. based.’’ (Added Pub. L. 88–451, § 4, Aug. 19, 1964, 78 Stat. 1453(b)]. 507.) ‘‘The Secretary may increase the capital grant for a project assisted under this section to not more than 90 ASSISTANCE TO ALASKA FOR RECONSTRUCTION OF per centum of net project cost where he determines AREAS DAMAGED BY EARTHQUAKE that a major portion of the project area has either been Pub. L. 88–451, Aug. 19, 1964, 78 Stat. 505, as amended, rendered unusable as a result of the 1964 earthquake provided: and subsequent seismic waves or is needed in order ade- ‘‘[Section 1. Short Title.] That this Act may be cited quately to provide, in accordance with the urban re- as the ‘1964 Amendments to the Alaska Omnibus Act.’ newal plan for the project, new locations for persons, ‘‘SEC. 2. [Congressional Declaration.] The Congress businesses, and facilities displaced by the earthquake. hereby recognizes that the State of Alaska has experi- (Added Pub. L. 88–451, § 4, Aug. 19, 1964, 78 Stat. 506, and enced extensive property loss and damage as a result of amended Pub. L. 90–19, § 15, May 25, 1967, 81 Stat. 24.) the earthquake of March 27, 1964, and subsequent seis- ‘‘SEC. 54. [Extension of Term of Home Disaster mic waves, and declares the need for special measures Loans.] Loans made pursuant to paragraph (1) of sec- designed to aid and accelerate the State’s efforts in tion 7(b) of the Small Business Act (72 Stat. 387), as providing for the reconstruction of the areas in the amended (15 U.S.C. 636(b)), for the purpose of replacing, State devastated by this natural disaster. reconstructing, or repairing dwellings in Alaska dam- ‘‘SEC. 3. [This section added subsec. (f) to section 21 aged or destroyed by the 1964 earthquake and subse- of the Alaska Omnibus Act, Pub. L. 86–70, June 25, 1959, quent seismic waves, may have a maturity of up to 73 Stat. 141, set out above.] thirty years: Provided, That the provisions of section ‘‘SEC. 4. [This section added sections 51 to 57 to the 7(c) of said Act [15 U.S.C. 636(c)] shall not be applicable Alaska Omnibus Act, Pub. L. 86–70, June 25, 1959, 73 to such loans. (Added Pub. L. 88–451, § 4, Aug. 19, 1964, Stat. 141, set out above.] 78 Stat. 506.) ‘‘SEC. 5. [Authorization of Appropriations.] There is ‘‘SEC. 55. [Modification of Civil Works Projects.] The Chief of Engineers, under the direction of the Secretary authorized to be appropriated such sums as may be nec- of the Army, is hereby authorized to make such modi- essary to carry out the provisions of this Act, which fications to previously authorized civil works projects shall be available for obligation until June 30, 1967, ex- in Alaska adversely affected by the 1964 earthquake and cept that any sums so appropriated to carry out section subsequent seismic waves as he finds necessary to meet 53 of the Alaska Omnibus Act [set out above] shall be changed conditions and to provide for current and rea- available after such date for obligation in connection sonably prospective requirements of the communities with one or more of the following urban renewal they serve, at an estimated cost of $10,000,000. (Added projects authorized for execution prior to June 30, 1967; Pub. L. 88–451, § 4, Aug. 19, 1964, 78 Stat. 506.) Alaska R–8, Westchester; Alaska R–19, Kodiak; Alaska ‘‘SEC. 56. [Purchase of Alaska State Bonds.] The Sec- R–20, downtown Anchorage; Alaska R–21, Seward; Alas- retary of Housing and Urban Development is authorized ka R–22, Valdez; Alaska R–25, Mineral Creek; Alaska to purchase, in accordance with the provisions of sec- R–26, Seldovia; Alaska R–28, Cordova. There is also au- tions 202(b), 203, and 204 of Title II of the Housing thorized to be appropriated such sums as may be nec- Amendments of 1955 [42 U.S.C. 1492(b), 1493, and 1494], essary for the expenses of such advisory commissions the securities and obligations of, or make loans to, the or committees as the President may establish in con- State of Alaska to finance any part of the programs nection with the reconstruction and development plan- needed to carry out the reconstruction activities in ning of the State of Alaska. The total amount author- Alaska related to the 1964 earthquake and subsequent ized to be appropriated pursuant to this section shall seismic waves or to complete capital improvements not exceed $55,650,000. (As amended Pub. L. 91–367, § 1, begun prior to the earthquake: Provided, That the ag- July 31, 1970, 84 Stat. 691.) gregate amount of such purchase or loan shall not ex- ‘‘SEC. 6. [Termination Date.] The authority contained ceed $25,000,000. (Added Pub. L. 88–451, § 4, Aug. 19, 1964, in this Act shall expire on June 30, 1967, except that 78 Stat. 506, and amended Pub. L. 90–19, § 15(a), May 25, such expiration shall not affect— 1967, 81 Stat. 24.) ‘‘(1) the authority conferred by section 53 of the ‘‘SEC. 57. [Retirement or Adjustment of Outstanding Alaska Omnibus Act [set out above] until the comple- Mortgage Obligation.] For the purpose of enabling the tion of the following urban renewal projects author- State of Alaska to retire or adjust outstanding home ized for execution prior to June 30, 1967: Alaska R–8, mortgage obligations or other real property liens se- Westchester; Alaska R–19, Kodiak; Alaska R–20, cured by one to four family homes which were severely downtown Anchorage; Alaska R–21, Seward; Alaska damaged or destroyed in the March 1964 earthquake R–22, Valdez; Alaska R–25, Mineral Creek; Alaska and subsequent seismic waves, the President is author- R–26, Seldovia; Alaska R–28, Cordova; or ized to make additional grants to the State of Alaska ‘‘(2) the payment of expenditures for any obligation in an amount not to exceed a total of $5,500,000 to or commitment entered into under this Act prior to match, on a fifty-fifty basis, any funds provided by the June 30, 1967. State to pay the costs of retiring or adjusting such (As amended Pub. L. 91–367, § 2, July 31, 1970, 84 Stat. mortgage obligations. In order to be approved, a State 691.) application for a grant for carrying out the purpose of ‘‘SEC. 7. [Report to the Congress.] The President shall this section must: (1) be in accordance with a plan sub- report semiannually during the term of this Act to the mitted by the State, to be approved by the President, President of the Senate and the Speaker of the House for the implementation of the purpose of this section; on the actions taken under this Act by the various Fed- (2) designate the State agency for retiring or adjusting eral agencies. The first such report shall be submitted said mortgage obligations; (3) provide that the mortga- not later than February 1, 1965, and shall cover the pe- gor shall be required to absorb the damage loss to the riod ending December 31, 1964.’’ entire extent of his equity interest in the property and DELEGATION OF FUNCTIONS also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for re- Ex. Ord. No. 11230, under which the functions of the tiring or adjusting mortgage obligations on a single President under sections 44(a) and 45(a) of the Alaska Page 15 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 21 to 27

Omnibus Act of June 25, 1959, set out above, were dele- Congress that the Alaska State Legislature has made gated to the Director of the Bureau of the Budget [now adequate provision for the administration, manage- the Director of Management and Budget], was super- ment, and conservation of such resources in the broad seded by Ex. Ord. No. 11609, eff. July 22, 1971, 36 F.R. national interest; and 13747, set out under section 301 of Title 3. WHEREAS the Secretary of the Interior made such certification to the Congress on April 27, 1959; and UNITED STATES DISTRICT COURT OF ALASKA WHEREAS section 45(a) of the Alaska Omnibus Act Readiness of United States District Court for District (73 Stat. 152) [set out as a note above] provides that if of Alaska to assume functions imposed upon it, see Ex. the President determines that any function performed Ord. No. 10867, eff. Feb. 20, 1960, 25 F.R. 1584, set out by the Federal Government in Alaska has been termi- under section 81A of Title 28, Judiciary and Judicial nated by the Federal Government and that perform- Procedure. ance of such function or substantially the same func- tion has been or will be assumed by the State of Alas- PROC. NO. 3269. ADMISSION OF THE STATE OF ALASKA ka, the President may, until July 1, 1964, in his discre- INTO THE UNION tion, transfer and convey to the State of Alaska, with- Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, out reimbursement, any property or interest in prop- provided: erty, real or personal, situated in Alaska which is WHEREAS the Congress of the United States by the owned or held by the United States in connection with act approved on July 7, 1958 (72 Stat. 339) [set out such function; and above], accepted, ratified, and confirmed the constitu- WHEREAS it appears that it would be in the public tion adopted by a vote of the people of Alaska in an interest to delegate to the Secretary of the Interior, to election held on April 24, 1956, and provided for the ad- the extent hereinafter indicated, the authority vested mission of the State of Alaska into the Union on an in the President by section 45(a) of the Alaska Omnibus equal footing with the other States of the Union upon Act: compliance with certain procedural requirements speci- NOW, THEREFORE, by virtue of the authority vested fied in that act; and in me by section 45(a) of the Alaska Omnibus Act (73 WHEREAS it appears from information before me Stat. 152) and section 301 of title 3 of the United States that a majority of the legal votes cast at an election Code, and as President of the United States, it is or- held on August 26, 1958, were in favor of each of the dered as follows: propositions required to be submitted to the people of SECTION 1. It is hereby determined that the functions Alaska by section 8(b) of the Act of July 7, 1958 [set out performed by the United States in Alaska pursuant to above]; and the Alaska game law of July 1, 1943, 57 Stat. 301 [sec- WHEREAS it further appears from information be- tions 192, 193, and 195 to 211 of this title], the act of fore me that a general election was held on November June 26, 1906, 34 Stat. 478, the act of June 6, 1924, 43 25, 1958, and that the returns of the general election Stat. 465, and the acts amending or supplementing such were made and certified as provided in the act of July acts, will terminate on December 31, 1959, and that the 7, 1958; and same functions or substantially the same functions will WHEREAS the Acting Governor of Alaska has cer- be assumed by the State of Alaska. tified to me the results of the submission to the people SEC. 2. There is hereby delegated to the Secretary of of Alaska of the three propositions set forth in section the Interior, effective January 1, 1960, the authority 8(b) of the act of July 7, 1958 [set out above], and the vested in the President by section 45(a) of the Alaska results of the general election; and Omnibus Act to transfer and convey to the State of WHEREAS I find and announce that the people of Alaska, without reimbursement, any property or inter- Alaska have duly adopted the propositions required to est in property, real or personal, situated in Alaska be submitted to them by the act of July 7, 1958 [set out which is owned or held by the United States in connec- above], and have duly elected the officers required to be tion with the functions described in section 1 hereof. elected by that act: SEC. 3. The Secretary of the Interior is hereby au- NOW, THEREFORE, I, DWIGHT D. EISENHOWER, thorized to redelegate to (1) the Assistant Secretary for President of the United States of America, do hereby Fish and Wildlife, (2) the Commissioner of Fish and declare and proclaim that the procedural requirements Wildlife, (3) the Directors of the Bureaus of Commercial imposed by the Congress on the State of Alaska to enti- Fisheries and Sport Fisheries and Wildlife, and (4) the tle that State to admission into the Union have been Regional Directors, Alaska Region, of the Bureaus of complied with in all respects and that admission of the Commercial Fisheries and Sport Fisheries and Wildlife State of Alaska into the Union on an equal footing all or any part of the authority delegated to the Sec- with the other States of the Union is now accom- retary of the Interior by section 2 hereof. plished. SEC. 4. All transfers and conveyances made under or IN WITNESS WHEREOF, I have hereunto set my pursuant to this order shall be made in accordance with hand and caused the Seal of the United States of Amer- such policies, conditions, and procedures as may be pre- ica to be affixed. scribed by the Secretary of the Interior. DONE at the City of Washington at one minute past noon on this third day of January in the year of DWIGHT D. EISENHOWER. our Lord nineteen hundred and fifty-nine, and §§ 21 to 27. Omitted of the Independence of the United States of America the one hundred and eighty-third. CODIFICATION DWIGHT D. EISENHOWER. Sections 21 to 27, relating to Territory of Alaska, [SEAL] were omitted in view of admission of Alaska into the Union. EX. ORD. NO. 10857. TERMINATION OF FEDERAL FUNCTIONS Section 21, act Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512, IN ALASKA AND TRANSFER OF PROPERTY HELD BY provided for organization and administration of Terri- UNITED STATES tory of Alaska. Ex. Ord. No. 10857, eff. Dec. 29, 1959, 25 F.R. 33, pro- Section 22, act Aug. 24, 1912, ch. 387, § 2, 37 Stat. 512, vided: directed that Capital of Territory be at Juneau. WHEREAS section 6(e) of the act of July 7, 1958, 72 Section 23, act Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512, Stat. 339, as amended [set out as a note above], provides extended Constitution and laws of United States to that the administration and management of the fish Territory. and wildlife resources of Alaska shall be transferred to Section 24, acts Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512; the State of Alaska on the first day of the first cal- July 28, 1956, ch. 772, title III, § 301(c), 70 Stat. 713, lim- endar year following the expiration of ninety calendar ited authority of Territorial legislature to repeal or days after the Secretary of the Interior certifies to the amend existing laws. § 28 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 16

Section 25, act June 6, 1900, ch. 786, § 30, 31 Stat. 332, 80, § 7, 35 Stat. 601; Mar. 3, 1913, ch. 109, 37 Stat. 728, re- empowered Attorney General to prescribe fees of offi- lated to deposits to Alaska fund in Treasury Depart- cers not otherwise compensated. ment. Section 26, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, authorized governor to appoint notaries public. § 42. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. Section 27, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, 1029 validated appointments of notaries public made prior to June 6, 1900. Section, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; Mar. 3, 1905, ch. 1497, § 2, 33 Stat. 1266, provided for dis- § 28. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. bursements to Alaska Historical Library and Museum 1029 and prescribed contents thereof. Section, act June 6, 1900, ch. 786, § 17, 31 Stat. 328, re- §§ 43 to 45. Omitted lated to residence, , and removal from of- fice of notaries public. CODIFICATION §§ 29 to 38. Omitted Sections 43 to 45, relating to Territory of Alaska, were omitted in view of admission of Alaska into the CODIFICATION Union. Section 43, acts June 6, 1900, ch. 786, § 33, 31 Stat. 333; Sections 29 to 38, relating to Territory of Alaska, Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, designated Alaska were omitted in view of admission of Alaska into the Historical Library and Museum as a depository of Gov- Union. ernment publications. Section 29, act June 6, 1900, ch. 786, §§ 22, 23, 31 Stat. Section 44, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; 329, related to official bonds of notaries public. June 3, 1948, ch. 396, 62 Stat. 302, limited amount of Section 30, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; taxes that could be levied by incorporated towns or mu- Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, prescribed fee for nicipalities. issuance of notary public commission. Section 44a, act May 28, 1936, ch. 467, § 1, 49 Stat. 1388, Section 31, act June 6, 1900, ch. 786, § 18, 31 Stat. 328, related to bonded indebtedness of municipalities for related to duties of notaries public. public works. Section 32, act June 6, 1900, ch. 786, § 19, 31 Stat. 329, Section 44b, acts May 28, 1936, ch. 467, § 2, 49 Stat. 1388; provided for protests of bills or notes by notaries pub- June 14, 1937, ch. 337, 50 Stat. 258, related to approval by lic. electors of bonded indebtedness incurred by municipal Section 33, act June 6, 1900, ch. 786, § 24, 31 Stat. 329, corporation. related to liability of notaries public for misconduct or Section 44c, act May 28, 1936, ch. 467, § 3, 49 Stat. 1388, neglect. provided for issuance, sale and redemption, and interest Section 34, act June 6, 1900, ch. 786, § 20, 31 Stat. 329, rates of bonds. directed notaries to deposit their records with district Section 44d, act May 28, 1936, ch. 467, § 4, 49 Stat. 1389, court on resignation, removal or death. authorized tax levies for payment of bonds. Section 35, act June 6, 1900, ch. 786, § 21, 31 Stat. 329, Section 44e, act May 28, 1936, ch. 467, § 5, 49 Stat. 1389, related to duty of clerk in safe-keeping records depos- repealed conflicting laws. ited. Section 44f, act Mar. 6, 1946, ch. 52, § 1, 60 Stat. 33, au- Section 35a, acts Aug. 5, 1939, ch. 480, § 1, 53 Stat. 1219; thorized bonds for public works by municipalities and Dec. 11, 1945, ch. 563, 59 Stat. 605, empowered post- public utility districts. masters to act as notaries public. Section 44g, act Mar. 6, 1946, ch. 52, § 2, 60 Stat. 33, re- Section 35b, acts Aug. 5, 1939, ch. 480, § 2, 53 Stat. 1219; lated to issuance, sale and redemption, and interest Dec. 11, 1945, ch. 563, 59 Stat. 606, provided for signature rates on bonds for public works. and seal of postmasters acting as notaries. Section 44h, act Mar. 6, 1946, ch. 52, § 3, 60 Stat. 34, re- Section 35c, act Aug. 5, 1939, ch. 480, § 3, 53 Stat. 1219, lated to covenants in bonds issue for public works. related to fees of postmasters acting as notaries. Section 44i, act Mar. 6, 1946, ch. 52, § 4, 60 Stat. 34, re- Section 36, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; pealed laws inconsistent with sections 44f to 44i of this Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, prescribed fee for title. certificates issued to members of bar authorizing them Section 45, act Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514, to practice law. prescribed residence qualifications for divorce actions. Section 37, act June 11, 1896, ch. 420, § 1, 29 Stat. 413, empowered Secretary of the Treasury to fix rates of dockage and wharfage to be paid for use of wharf at § 46. Repealed. July 28, 1956, ch. 772, title III, Sitka. § 301(a)(2), 70 Stat. 712 Section 38, act Jan. 3, 1923, ch. 22, 42 Stat. 1106, relat- Section, acts Feb. 6, 1909, ch. 80, § 7, 35 Stat. 601; Oct. ed to repairs to wharf at Sitka. 14, 1942, ch. 601, § 2, 56 Stat. 782; July 28, 1956, ch. 722, § 39. Repealed. Oct. 31, 1951, ch. 654, title III, § 301(b)(1), 70 Stat. 712, authorized Governor of Alaska or his designee to contract for care and custody § 1(118)–(124), 65 Stat. 706 of insane persons. Section, acts Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1338; May 24, 1922, ch. 199, 42 Stat. 584; Jan. 24, 1923, ch. 42, §§ 46–1 to 46–3. Omitted 42 Stat. 1205; June 5, 1924, ch. 264, 43 Stat. 427; Mar. 3, CODIFICATION 1925, ch. 462, 43 Stat. 1181; May 10, 1926, ch. 277, § 1, 44 Stat. 492; Jan. 12, 1927, ch. 27, § 1, 44 Stat. 968, related to Sections 46–1 to 46–3, relating to Territory of Alaska, handling and disposition of reindeer in Alaska. were omitted in view of admission of Alaska into the Union. §§ 40, 41. Omitted Section 46–1, act July 28, 1956, ch. 772, title I, § 101, 70 Stat. 709, authorized territorial legislature to enact CODIFICATION laws on subject of mental health. Sections 40 and 41, relating to Territory of Alaska, Section 46–2, act July 28, 1956, ch. 772, title I, § 102, 70 were omitted in view of admission of Alaska into the Stat. 709, related to jurisdiction, functions and duties Union. of commissioners and courts in carrying out section Section 40, act June 6, 1900, ch. 786, § 31, 31 Stat. 332, 46–1 of this title. related to court rooms and offices of civil government. Section 46–3, act July 28, 1956, ch. 772, title II, § 202, 70 Section 41, acts Jan. 27, 1905, ch. 277, § 1, 33 Stat. 616; Stat. 711, prescribed a land-grant program for purpose May 14, 1906, ch. 2458, § 1, 34 Stat. 192; Feb. 6, 1909, ch. of section 46–1 of this title. Page 17 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 50g to 58

§ 46a. Repealed. July 1, 1944, ch. 373, title VII, Section 50c, act May 14, 1930, ch. 273, § 1, 46 Stat. 321, § 711, formerly title VI, § 611, 58 Stat. 714; re- related to availability of appropriations for education, numbered Aug. 13, 1946, ch. 958, § 5, 60 Stat. medical relief, and reindeer. 1049 Section 50d, act May 9, 1938, ch. 187, § 1, 52 Stat. 311, empowered Secretary of the Interior to authorize offi- Section, act Mar. 4, 1929, ch. 707, 45 Stat. 1644, pro- cers to incur obligations for benefit of natives prior to vided for detailing of a Public Health Service medical appropriation. officer to supervise care and maintenance of insane in Section 50d–1, act June 1, 1944, ch. 220, § 1, 58 Stat. 266, Alaska and payment of his compensation and expenses. empowered Secretary to authorize officers to incur ob- ligations for benefit of natives in excess of current ap- §§ 46b to 48a. Repealed. July 28, 1956, ch. 772, propriations. title III, § 301(a)(1), (3), (5), 70 Stat. 712 § 50e. Appropriations for benefit of natives; pur- Section 46b, act June 25, 1910, ch. 424, § 1, 36 Stat. 852, chase of supplies for resale to natives, co- established detention hospitals at Fairbanks and Nome operatives, and Department employees for temporary care and detention of insane. Section 46c, acts Oct. 14, 1942, ch. 601, § 1, 56 Stat. 782; The Secretary of the Interior is authorized to July 28, 1956, ch, 772, title III, § 301(b)(1), 70 Stat. 712, de- purchase from appropriations made for the bene- fined terms used in sections 46, 47a to 47c, 48a, 50, and fit of natives of Alaska, food, clothing, supplies, 50a of this title. and materials for resale, under such rules and Section 47, act Jan. 27, 1905, ch. 277, § 8, 33 Stat. 619, regulations as he may prescribe, to employees of related to commitment of insane in Alaska, provided the Department of the Interior stationed in for compensation of commissioners, jurors, and wit- nesses, and prescribed method of payment of compensa- Alaska and to natives of Alaska and native co- tion, mileage, fees, and other expenses. operative associations under his supervision. Section 47a, act Oct. 14, 1942, ch. 601, § 3, 56 Stat. 783, The proceeds from such sales shall be credited to related to custody, use, and return of money and per- the appropriation or appropriations current at sonal property of committed persons. the date of the deposit thereof into the Treasury Section 47b, acts Oct. 14, 1942, ch. 601, § 6, 56 Stat. 783; and shall be available for the same purposes. July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, re- lated to discharge of patients from mental institutions, (Feb. 20, 1942, ch. 96, 56 Stat. 95.) permitted leaves of absences to patients, and required ALASKA RESUPPLY PROGRAM FUND issuance of suitable clothing upon discharge. Section 47c, acts Oct. 14, 1942, ch. 601, § 7, 56 Stat. 784; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1007, July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, au- provided that: ‘‘Beginning October 1, 1991, and there- thorized superintendent of any mental institution to after, amounts collected by the Secretary in connec- board patients with private families, provided for in- tion with the Alaska Resupply Program (Public Law spection, and empowered superintendent to remove pa- 77–457) [48 U.S.C. 50e] shall be deposited into a special tients from boarding places. fund to be established in the Treasury, to be available Section 48, acts Oct. 14, 1942, ch. 601, § 9, 56 Stat. 785; to carry out the provisions of the Alaska Resupply Pro- July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, gram, such amounts to remain available until ex- provided for a statement of legal residence of insane pended: Provided, That unobligated balances of persons in commitment papers, required return of non- amounts collected in fiscal year 1991 and credited to resident patients, and for payment of expenses in con- the Operation of Indian Programs account as offsetting nection with such return. collections, shall be transferred and credited to this ac- Section 48a, acts Oct. 14, 1942, ch. 601, § 9, 56 Stat. 785; count.’’ July 21, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, re- quired payment of expenses of care by patient, his legal § 50f. Disposal of miscellaneous revenues from representative, spouse, parents, or adult children. schools, hospitals, and other Indian Service facilities § 49. Omitted After February 20, 1942, miscellaneous reve- CODIFICATION nues derived from schools, hospitals, and other Section, act Jan. 12, 1927, ch. 27, § 1, 44 Stat. 968, which facilities maintained and operated by the Indian provided for admission to hospitals in the Territory of Service for the benefit of Indians and natives of Alaska was omitted in view of the admission of Alaska Alaska shall be covered into the Treasury of the into the Union. United States under the provisions of section 155 of title 25. §§ 50, 50a. Repealed. July 28, 1956, ch. 772, title III, § 301(a)(4), 70 Stat. 712 (Feb. 20, 1942, ch. 98, 56 Stat. 95.) Section 50, acts Apr. 24, 1926, ch. 177, § 1, 44 Stat. 322; §§ 50g to 58. Omitted Oct. 14, 1942, ch. 601, § 4, 56 Stat. 783; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, related to disposi- CODIFICATION tion of unclaimed funds of insane persons. Sections 50g to 58, relating to Territory of Alaska, Section 50a, acts Apr. 24, 1926, ch. 177, § 2, 44 Stat. 322; were omitted in view of admission of Alaska into the Oct. 14, 1942, ch. 601, § 5, 56 Stat. 783; July 28, 1956, ch. Union. 772, title III, § 301(b)(1), 70 Stat. 712, related to funds Section 50g, act Aug. 2, 1956, ch. 883, § 1, 70 Stat. 939, which were subject to such claims. related to facilities at Alaska-Canadian border. Section 50h, act Aug. 2, 1956, ch. 883, § 2, 70 Stat. 939, §§ 50b to 50d–1. Omitted required site selected under section 50g of this title to consist of lands owned or controlled by the United CODIFICATION States. Sections 50b to 50d–1, relating to Territory of Alaska, Section 50i, act Aug. 2, 1956, ch. 883, § 3, 7 Stat. 939, were omitted in view of admission of Alaska into the provided for arrangements for use of sites and facili- Union. ties. Section 50b, act Mar. 7, 1928, ch. 137, § 1, 45 Stat. 239, Section 50j, act Aug. 2, 1956, ch. 883, § 4, 70 Stat. 940, authorized Secretary of the Interior to accept dona- authorized appropriations for purposes of sections 50g tions for school, medical, and reindeer service. to 50j of this title. §§ 61 to 64 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 18

Section 51, act Mar. 3, 1927, ch. 363, § 1, 44 Stat. 1392, Section 69, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; related to educational qualifications of voters and elec- Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, related to mem- tors. bership of House of Representatives. Section 52, act Mar. 3, 1927, ch. 363, § 2, 44 Stat. 1393, Section 69a, act Aug. 24, 1912, ch. 387, § 4, as added provided that inability to read and write was a ground Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1017, provided for es- for challenge at polls. tablishment and adjustment of legislative districts. Section 53, act Mar. 3, 1927, ch. 363, § 3, 44 Stat. 1393, Section 70, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; related to manner of proving ability to read and write. Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1017, prescribed elec- Section 54, act Mar. 3, 1927, ch. 363, § 4, 44 Stat. 1393, tion procedure for senators and representatives. related to exemption from provisions of section 51 of Section 71, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; this title by reason of physical disability. Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1018, required Governor Section 55, act Mar. 3, 1927, ch. 363, § 5, 44 Stat. 1393, to order elections to fill vacancies in legislature. authorized election judges to mark ballots for voters Section 72, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; physically incapable of marking ballots. Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1018, prescribed sala- Section 56, act Mar. 3, 1927, ch. 363, § 6, 44 Stat. 1393, ries and mileage of members of legislature. provided that persons refused permission to vote shall not make any further attempt to vote. §§ 73, 73a. Omitted Section 57, act Mar. 3, 1927, ch. 363, § 7, 44 Stat. 1394, enumerated qualifications requisite to voting. CODIFICATION Section 58, act Mar. 3, 1927, ch. 363, § 8, 44 Stat. 1394, Sections 73 and 73a, relating to Territory of Alaska, prescribed penalties for violation of sections 51 to 57 of were omitted in view of admission of Alaska into the this title. Union. Section 73, acts Aug. 24, 1912, ch. 387, § 5, 37 Stat. 513; §§ 61 to 64. Omitted Mar. 3, 1927, ch. 363, § 1, 44 Stat. 1392; Mar. 26, 1934, ch. CODIFICATION 86, § 1, 48 Stat. 465, specified time of election of mem- bers of the legislature. Sections 61 to 64, relating to Territory of Alaska, Section 73a, act Mar. 26, 1934, ch. 86, § 4, 43 Stat. 466, were omitted in view of admission of Alaska into the empowered legislature to change date of elections. Union. Section 61, acts June 6, 1900, ch. 786, § 2, 31 Stat. 321; §§ 74, 75. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, May 29, 1928, ch. 901, § 1(109), 45 Stat. 994; July 25, 1947, 1966, 80 Stat. 642 ch. 332, § 1, 61 Stat. 459, authorized appointment of a Governor for Territory, and detailed his duties. Section 74, acts Aug. 24, 1912, ch. 387, § 6, 37 Stat. 514; Section 62, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; Apr. 18, 1940, ch. 105, § 1, 54 Stat. 111, related to conven- Mar. 3, 1925, ch. 462, 43 Stat. 1181; Mar. 4, 1931, ch. 516, ing of legislature, length of session, and extraordinary 46 Stat. 1530; June 25, 1948, ch. 646, § 13, 62 Stat. 987; Oct. sessions. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, related to appoint- Section 75, acts June 19, 1878, ch. 329, § 1, 20 Stat. 193; ment of Governor and his compensation. Acts Mar. 3, Aug. 24, 1912, ch. 387, § 7, 37 Stat. 514; Nov. 13, 1942, ch. 1925, Mar. 4, 1931, and Oct. 15, 1949, were repealed by 637, § 2, 56 Stat. 1018, related to organization of legisla- Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 646, 648, 655. ture, election of president of Senate and Speaker of Section 63, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; House and subordinate officers. June 25, 1948, ch. 646, § 13, 62 Stat. 987, related to ex- penses of Governor. §§ 76 to 92. Omitted Section 64, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, di- rected Governor to make an annual report to Presi- CODIFICATION dent, and empowered the President to confirm or annul Sections 76 to 92, relating to Territory of Alaska, acts of Governor. were omitted in view of admission of Alaska into the Union. § 65. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. Section 76, act Aug. 24, 1912, ch. 387, § 8, 37 Stat. 514, 1029 specified enacting clause of all laws, and provided that Section, act Mar. 3, 1905, ch. 1497, § 3, 33 Stat. 1266, re- no law shall embrace more than one subject. quired bond from Secretary of Territory. Section 77, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; Apr. 13, 1934, ch. 119, § 2, 48 Stat. 583; June 3, 1948, ch. § 65a. Repealed. Apr. 3, 1944, ch. 155, § 2, 58 Stat. 396, 62 Stat. 302, detailed general legislative power and 187 limitation. Section 78, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; Section, act Mar. 4, 1931, ch. 516, 46 Stat. 1530, related June 3, 1948, ch. 396, 62 Stat. 302, required all taxes to to salary of secretary of Territory. be uniform. Section 79, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; §§ 65b, 66. Omitted June 3, 1948, ch. 396, 62 Stat. 302, limited amount of taxes for Territorial purposes. CODIFICATION Section 80, act Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512, Sections 65b, 66, relating to Territory of Alaska, were prohibited legislature from passing laws depriving omitted in view of admission of Alaska into the Union. judges, officers, etc. of district court of authority or ju- Section 65b, act Apr. 3, 1944, ch. 155, § 1, 58 Stat. 187, risdiction. prescribed salary of secretary of Territory. Section 81, act Aug. 24, 1912, ch. 387, § 10, 37 Stat. 515, Section 66, act Mar. 3, 1905, ch. 1497, § 1, 33 Stat. 1265, related to rules of legislature, quorum and majority. related to fees of secretary of Territory. Section 82, act Aug. 24, 1912, ch. 387, § 11, 37 Stat. 516, prohibited members of legislature from holding other §§ 67 to 72. Repealed. Pub. L. 89–554, § 8(a), Sept. office. 6, 1966, 80 Stat. 642 Section 83, act Aug. 24, 1912, ch. 387, § 11, 37 Stat. 516, prohibited persons holding appointment under the Section 67, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; United States from being members of legislature or Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, provided that leg- holding other Territorial office. islative power and authority of Territory shall be vest- Section 84, act Aug. 24, 1912, ch. 387, § 12, 37 Stat. 516, ed in a Senate and a House of Representatives. specified exemptions and privileges of members of leg- Section 68, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; islature. Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, related to mem- Section 85, act Aug. 24, 1912, ch. 387, § 13, 37 Stat. 516, bership of Senate and terms of office of Senators. described manner of passage of laws. Page 19 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 135 to 149

Section 86, act Aug. 24, 1912, ch. 387, § 14, 37 Stat. 516, Section 108, act June 6, 1900, ch. 786, § 6, 31 Stat. 323, related to veto power of governor. directed that commissioners shall be ex officio justices Section 87, acts Aug. 24, 1912, ch. 387, § 15, 37 Stat. 516; of the peace, empowered them to grant writs of habeas Nov. 13, 1942, ch. 637, § 3, 56 Stat. 1018, provided for legis- corpus, and prescribed other powers and duties. lative expenses. Section 109, acts June 6, 1900, ch. 786, § 8, 31 Stat. 324; Section 88, act Aug. 24, 1912, ch. 387, § 16, 37 Stat. 517, Mar. 3, 1909, ch. 269, § 4, 35 Stat. 841; June 25, 1948, ch. directed transmission of copies of law to the President 646, § 11, 62 Stat. 987, authorized appointment of district and Secretary of State. attorneys, specified residence requirements and pre- Section 89, act Aug. 24, 1912, ch. 387, § 16, 37 Stat. 517, scribed their duties and salaries. required legislature to make provision for printing of Section 110, acts June 6, 1900, ch. 786, §§ 9, 10, 31 Stat. laws and distribution in Territory. 324, 325; June 25, 1948, ch. 646, §§ 12, 39, 62 Stat. 987, 992, Section 90, act Aug. 24, 1912, ch. 387, § 20, 37 Stat. 518, authorized appointment of marshals and deputies and required all Territorial laws to be submitted to Con- prescribed their duties and powers. gress. Section 111, acts Mar. 3, 1899, ch. 429, § 459, 30 Stat. Section 91, act Aug. 29, 1914, ch. 292, 38 Stat. 710, re- 1336; Jan. 22, 1902, ch. 3, 32 Stat. 2, provided for in- lated to powers of courts and legislature. creases in marshal’s bond. Section 92, act Feb. 18, 1929, ch. 260, 45 Stat. 1228, di- Section 112, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; rected all appropriations by legislature to be in con- June 25, 1948, ch. 646, § 13, 62 Stat. 987, authorized ap- formity with sections 23, 24, 67 to 73, and 74 to 90 of this pointment of attorneys, judges, and marshals. title. Section 113, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; June 25, 1948, ch. 646, § 13, 62 Stat. 987, provided for man- §§ 101 to 122. Omitted ner of payment of salaries of judges, marshals, clerks, CODIFICATION and district attorneys. Section 114, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; Sections 101 to 122, relating to Territory of Alaska, Apr. 6, 1914, ch. 52, § 1, 38 Stat. 318; June 25, 1948, ch. 646, were omitted in view of admission of Alaska into the § 13, 62 Stat. 987, authorized traveling expenses. Union. Section 115, act Jan. 3, 1923, ch. 21, title II, 42 Stat. Section 101, acts June 6, 1900, ch. 786, § 4, 31 Stat. 322; 1083, directed Attorney General to pay office expenses Mar. 3, 1909, ch. 269, § 2, 35 Stat. 839; Mar. 2, 1921, ch. 110, of United States marshals. 41 Stat. 1203; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July Section 116, acts June 6, 1900, ch. 786, § 11, 31 Stat. 326; 31, 1946, ch. 704, § 1, 60 Stat. 716; June 1, 1948, ch. 363, 62 Mar. 3, 1909, ch. 269, § 5, 35 Stat. 841, required prepara- Stat. 283; June 25, 1948, ch. 646, § 9, 62 Stat. 986; Aug. 23, tion of accounts of fees and expenses. 1954, ch. 836, §§ 1, 2, 68 Stat. 772; Mar. 2, 1955, ch. 9, § 1(g), Section 116a, acts Mar. 15, 1948, ch. 121, 62 Stat. 80; 69 Stat. 10; Aug. 1, 1955, ch. 443, 69 Stat. 430, established July 12, 1952, ch. 701, 66 Stat. 592; Aug. 1, 1956, ch. 864, a district court for the District of Alaska and provided 70 Stat. 921, related to fees of commissioners. for its judges and divisions. Section 117, act June 6, 1900, ch. 786, § 13, 31 Stat. 326, Section 101a was from a sentence added to R.S. § 5296 authorized establishment of recording districts, their by act May 24, 1935, ch. 142, 49 Stat. 289. R.S. § 5296 was modification or discontinuance, and removal of com- subsequently amended in full by act June 29, 1940, ch. missioner. 499, § 4, 54 Stat. 692, which failed to include provisions Section 118, act June 6, 1900, ch. 786, § 14, 31 Stat. 327, on the subject of that sentence or to refer to the 1935 required keeping of record books and prescribed duties amendment adding it. That sentence provided as fol- of recorders. lows: ‘‘The District Court of the Territory of Alaska Section 119, act June 6, 1900, ch. 786, § 15 (part), 31 shall be deemed a court of the United States, and the Stat. 327, specified instruments to be recorded. commissioners appointed by the judges of the said Dis- Section 120, act June 6, 1900, ch. 786, § 16 (part), 31 trict Court of the Territory of Alaska under the provi- Stat. 328, required accounts for fees for instruments re- sions of title I, chapter 1, section 6, of the act of June corded. 6, 1900 (31 Stat. 323, 324 [sections 104 and 108 of this Section 121, act Aug. 29, 1914, ch. 292, 38 Stat. 710, pro- title]), shall be deemed commissioners of a United vided for payment of costs of prosecuting crimes under States court, within the intent and meaning of this sec- Alaskan laws. tion [former section 641 of title 18].’’ Section 122, act Apr. 11, 1928, ch. 353, 45 Stat. 422, ex- Section 102, acts June 6, 1900, ch. 786, § 4, 31 Stat. 322; empted Territory from posting bond or undertaking in Mar. 3, 1909, ch. 269, § 2, 35 Stat. 839; Mar. 2, 1921, ch. 110, legal proceedings. 41 Stat. 1203; Nov. 22, 1943, ch. 304, 57 Stat. 591, provided for terms of court, special terms, and employment of § 131. Omitted interpreters. Section 103, act June 6, 1900, ch. 786, § 5, 31 Stat. 323, CODIFICATION specified the jurisdiction of the divisions of court, and provided for change of venue. Section, act May 7, 1906, ch. 2083, § 1, 34 Stat. 169, Section 103a, act June 6, 1900, ch. 786, § 5a, as added which provided for a Delegate in the House of Rep- July 18, 1949, ch. 343, § 1, 63 Stat. 445, made Federal resentatives of the United States and prescribed his Rules of Civil Procedure applicable to district court of qualifications, was omitted in view of the admission of Territory. Alaska into the Union. Section 104, act June 6, 1900, ch. 786, § 6, 31 Stat. 323, authorized appointment of clerks and commissioners. §§ 132, 134. Repealed. Pub. L. 89–554, § 8(a), Sept. Section 104a, act June 6, 1900, ch. 786, § 6, as added 8, 1966, 80 Stat. 640 Apr. 13, 1954, ch. 136, 68 Stat. 52, authorized appoint- ment of Deputy Commissioners, provided for their com- Section 132, act May 7, 1906, ch. 2083, § 2, 34 Stat. 170, pensation, prescribed their powers and duties, and re- prescribed term of office of Delegate to Congress. quired the posting of a bond. Section 134, act May 7, 1906, ch. 2083, § 2, 34 Stat. 170, Section 105, acts June 6, 1900, ch. 786, § 12, 31 Stat. 326; specified salary and allowances of Delegate. June 25, 1948, ch. 646, §§ 1, 39, 62 Stat. 914, 926, 927, 996, required clerks and commissioners to post bonds. §§ 135 to 149. Omitted Section 106, acts June 6, 1900, ch. 786, § 7, 31 Stat. 324; CODIFICATION Mar. 3, 1909, ch. 269, § 3, 35 Stat. 840; June 13, 1940, ch. 350, 54 Stat. 384; June 25, 1948, ch. 646, § 10, 62 Stat. 987, Sections 135 to 149, relating to Territory of Alaska, detailed duties of clerk. were omitted in view of admission of Alaska into the Section 107, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; Union. June 25, 1948, ch. 646, §§ 13, 39, 62 Stat. 987, related to Section 135, act May 7, 1906, ch. 2083, § 3, 34 Stat. 170, clerk’s fees, accounts, and clerical help. provided for election of Delegate to Congress. §§ 161 to 170a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 20

Section 136, act May 7, 1906, ch. 2083, § 4, 34 Stat. 170, Section 170, act Mar. 3, 1917, ch. 167, 39 Stat. 1131, au- related to election districts in towns. thorized legislature to establish schools for white and Section 137, act May 7, 1906, ch. 2083, § 5, 34 Stat. 171, colored children and to appropriate funds for that pur- related to election districts outside of towns. pose. Section 138, act May 7, 1906, ch. 2083, § 6, 34 Stat. 171, Section 170a, act May 14, 1930, ch. 273, § 1, 46 Stat. 321, prescribed composition of election boards. authorized Secretary of the Interior to enter into con- Section 139, act May 7, 1906, ch. 2083, § 8, 34 Stat. 172, tracts with local school boards for education of chil- described manner of filling vacancies in office of judge dren of nontaxpaying natives. of election. Section 140, act May 7, 1906, ch. 2083, § 7, 34 Stat. 172, § 171. Repealed. Pub. L. 87–304, § 9(a)(1), Sept. 26, provided for election watchers. 1961, 75 Stat. 664 Section 141, act May 7, 1906, ch. 2083, § 9, 34 Stat. 172, prescribed hours for voting and form of ballots. Section, act Mar. 21, 1906, J. Res. No. 10, 34 Stat. 824, Section 142, act May 7, 1906, ch. 2083, § 10, 34 Stat. 172, permitted teachers and other employees of the United related to election challenges and to penalties for false States Bureau of Education to make assignments of swearing. their pay while employed in Alaska and authorized re- Section 143, act May 7, 1906, ch. 2083, § 11, 34 Stat. 173, imbursement of teachers in Alaska for expenses in- provided for canvass of votes, certificates of result and curred in the discharge of duty and paid from personal care of documents. funds. Section 144, acts May 7, 1906, ch. 2083, § 12, 34 Stat. 173; Aug. 24, 1912, ch. 387, § 17, 37 Stat. 517, enumerated per- §§ 172, 173. Omitted sons who compose canvassing board and provided for manner of conducting the canvass. CODIFICATION Section 144a, act Mar. 26, 1934, ch. 86, § 3, 48 Stat. 465, Sections 172 and 173, relating to Territory of Alaska, enumerated persons who compose canvassing board and were omitted in view of admission of Alaska into the provided for manner of conducting canvass. Union. Section 144b, act Mar. 26, 1934, ch. 86, § 4, 48 Stat. 466, Section 172, act Mar. 3, 1909, ch. 266, 35 Stat. 837, au- empowered legislature to change personnel of canvass- thorized appointment of school employees as special ing board, date of meetings, and to prescribe its duties. peace officers. Section 145, acts Aug. 24, 1912, ch. 387, § 17, 37 Stat. Section 173, act Feb. 25, 1925, ch. 320, § 1, 43 Stat. 978, 517; Mar. 26, 1934, ch. 86, § 1, 48 Stat. 465, prescribed date authorized establishment of a system of vocational for holding elections to fill vacancies in office of Dele- training for aboriginal natives. gate. Section 146, act May 7, 1906, ch. 2083, § 13, 34 Stat. 174, § 174. Repealed. Oct. 31, 1951, ch. 654, § 1(125), 65 prescribed compensation of election judges and clerks. Stat. 706 Section 147, acts May 7, 1906, ch. 2083, § 13, 34 Stat. 174; May 25, 1950, ch. 199, 64 Stat. 191, authorized fees for Section, act Feb. 25, 1925, ch. 320, § 2, 43 Stat. 978, re- publication for each election. lated to transfer of buildings for purpose of vocational Section 148, act May 7, 1906, ch. 2083, § 14, 34 Stat. 174, training, schools, and hospitals in connection with ab- provided for manner of audit and payment of election original natives in Alaska. expenses. Section 149, act May 7, 1906, ch. 2083, § 15, 34 Stat. 174, §§ 175, 175a. Omitted enumerated election offenses and prescribed penalties therefor. CODIFICATION §§ 161 to 170a. Omitted Sections 175 and 175a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the CODIFICATION Union. Section 175, act July 31, 1946, ch. 719, § 1, 60 Stat. 750, Sections 161 to 170a, relating to Territory of Alaska, authorized establishment of a geophysical institute at were omitted in view of admission of Alaska into the the University of Alaska. Union. Section 161, act Jan. 27, 1905, ch. 277, § 3, 33 Stat. 617, Section 175a, act July 31, 1946, ch. 719, § 2, 60 Stat. 751, named Governor as the ex officio superintendent of provided that buildings and equipment of geophysical public instruction and empowered him to prescribe institute shall become property of University of Alas- rules and regulations for examination and qualification ka. of teachers. Section 162, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; §§ 191 to 213. Omitted Mar. 3, 1905, ch. 1491, 33 Stat. 1262, authorized establish- CODIFICATION ment of school districts in towns. Section 163, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; Sections 191 to 213, relating to Territory of Alaska, Mar. 3, 1905, ch. 1491, 33 Stat. 1262, provided for school were omitted in view of admission of Alaska into the boards, their term of office and expenditures. Union. Section 164, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; Section 191, act May 31, 1920, ch. 217, 41 Stat. 716, re- Mar. 3, 1905, ch. 1491, 33 Stat. 1262, empowered school lated to powers and duties of Secretary of the Interior boards to employ teachers and to provide for heating with respect to game animals. and lighting schoolhouses. Section 192, acts Jan. 13, 1925, ch. 75, § 5, 43 Stat. 741; Section 165, act Jan. 27, 1905, ch. 277, § 6, 33 Stat. 619, Feb. 14, 1931, ch. 185, § 3, 46 Stat. 1111; June 25, 1938, ch. required clerks of school districts to report to the Gov- 686, § 3, 52 Stat. 1170; July 1, 1943, ch. 183, 57 Stat. 304, ernor. prescribed duties and powers of Alaska Game Commis- Section 166, act Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617, sion, wildlife agents, and other persons. authorized establishment of school districts outside in- Section 193, acts Jan. 13, 1925, ch. 75, § 6, 43 Stat. 742; corporated towns. July 1, 1943, ch. 183, 57 Stat. 305, required bonds from Section 167, act Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617, employees of Commission. provided for manner of election of school boards in Section 194, act Jan. 13, 1925, ch. 75, § 7, 43 Stat. 742, school districts outside incorporated towns. required Commission to file estimates and submit re- Section 168, acts Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617; ports of administration. June 1, 1938, ch. 312, 52 Stat. 607, directed Governor to Section 195, acts Jan. 13, 1925, ch. 75, § 7, 43 Stat. 743; assign proportion of Alaska fund to school districts. July 1, 1943, ch. 183, 57 Stat. 305, prescribed restrictions Section 169, act Jan. 27, 1905, ch. 277, § 7, 33 Stat. 619, on taking of animals, birds, fish, etc. related to education of white children, Eskimos, and Section 196, acts Jan. 13, 1925, ch. 75, § 7, 43 Stat. 743; Indians. Feb. 4, 1931, ch. 185, § 4, 46 Stat. 1112; July 1, 1943, ch. 183, Page 21 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 226 to 239

57 Stat. 305, related to animals and birds escaping from Section 212, acts Aug. 18, 1894, ch. 301, § 1, 28 Stat. 391; captivity or introduced into Territory. Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828; Mar. 4, 1913, ch. Section 197, acts Jan. 13, 1925, ch. 75, § 8, 43 Stat. 743; 141, § 1, 37 Stat. 736; May 31, 1920, ch. 217, 41 Stat. 716, di- July 1, 1943, ch. 183, 57 Stat. 305, prohibited use of poi- rected Secretary to fix the price of blue fox skins paid son and required the keeping of records of sales. to natives of St. Paul Island. Section 198, acts Jan. 13, 1925, ch. 75, § 9, 43 Stat. 743; Section 213, act May 31, 1920, ch. 217, 41 Stat. 717, enu- Feb. 14, 1931, ch. 185, § 5, 46 Stat. 1112; June 25, 1938, ch. merated the powers of bird reservation wardens. 686, § 4, 52 Stat. 1170; Oct. 10, 1940, ch. 54 Stat. 1103; July 1, 1943, ch. 183, 57 Stat. 306, empowered Secretary to §§ 220 to 224. Omitted promulgate regulations for taking of game, limiting the take, seasons, and for protection of Government CODIFICATION property. Sections 220 to 224, relating to Territory of Alaska, Section 199, acts Jan. 13, 1925, ch. 75, § 10, 43 Stat. 744; were omitted in view of admission of Alaska into the Feb. 14, 1931, ch. 185, §§ 6 to 11, 46 Stat. 1112 to 1114; June Union. 25, 1938, ch. 686, § 5, 52 Stat. 1172; July 1, 1943, ch. 183, 57 Section 220, act Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828, Stat. 306, prescribed types of hunting, trapping and vested control over the fur seal, salmon and other fish- fishing licenses, guide licenses, fees and issuance there- eries of Alaska in Department of the Interior. of. Section 221, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; Section 200, acts Jan. 13, 1925, ch. 75, § 11, 43 Stat. 746; June 18, 1926, ch. 621, 44 Stat. 752, empowered Secretary July 1, 1943, ch. 183, 57 Stat. 310, prescribed duties of to set aside fishing areas, prescribed closed seasons, collectors of customs. and to place limitations on catch. Section 201, acts Jan. 13, 1925, ch. 75, § 13, 43 Stat. 746; Section 222, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; Feb. 14, 1931, ch. 185, § 12, 46 Stat. 1114; July 1, 1943, ch. June 18, 1926, ch. 621, 44 Stat. 752, declared that fishing 183, 57 Stat. 310, prescribed duties of United States at- in certain areas was unlawful, prohibited granting of torneys. exclusive rights, and provided that citizens shall not be Section 202, acts Jan. 13, 1925, ch. 75, § 15, 43 Stat. 747; denied fishing rights. Feb. 14, 1931, ch. 185, § 13, 46 Stat. 1114; June 25, 1938, ch. Section 222a, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; 686, § 6, 52 Stat. 1172; July 1, 1943, ch. 183, 57 Stat. 311, Aug. 14, 1937, ch. 622, 50 Stat. 639; Apr. 7, 1938, ch. 110, prescribed penalties for violations of sections 192, 193, 52 Stat. 208, prohibited commercial salmon fishing by and 195 to 211 of this title, required guides to report nonresidents. violations, and prescribed penalty for violation thereof. Section 223, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; Section 202a, acts Jan. 13, 1925, ch. 75, § 16, 43 Stat. 747; June 18, 1926, ch. 621, 44 Stat. 752, related to prohibited Feb. 14, 1931, ch. 185, § 14, 46 Stat. 1114; July 1, 1943, ch. areas in creeks, streams, rivers, etc. 183, 57 Stat. 310, related to administration of oaths for Section 223a, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; purposes of prosecution. June 18, 1926, ch. 621, 44 Stat. 752, authorized Secretary Section 202b, act Jan. 13, 1925, ch. 75, § 12, 43 Stat. 746; to permit taking of fish or shellfish for bait purposes. July 1, 1943, ch. 183, 57 Stat. 312, related to burden of Section 223b, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; proof in prosecutions under sections 192, 193, and 195 to Aug. 2, 1937, ch. 556, 50 Stat. 557, authorized Secretary 211 of this title. Section 203, act Jan. 13, 1925, ch. 75, § 19, as added July to lease bottoms for oyster cultivation. 1, 1943, ch. 183, 57 Stat. 312, stated that sections 192, 193, Section 224, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; and 195 to 211 of this title shall not apply to Mount June 18, 1926, ch. 621, 44 Stat. 752, prohibited importa- McKinley National Park. tion of salmon during closed seasons. Section 204, act Jan. 13, 1925, ch. 75, § 18, as added July 1, 1943, ch. 183, 57 Stat. 312, declared that provisions of § 225. Repealed. Pub. L. 85–296, Sept. 4, 1957, 71 sections 192, 193, and 195 to 211 of this title were sepa- Stat. 617 rable. Section, act June 6, 1924, ch. 272, § 2, 43 Stat. 465, re- Section 204a, acts Jan. 13, 1925, ch. 75, § 17, 43 Stat. 747; lated to escapement in certain instances of portion of July 1, 1943, ch. 183, 57 Stat. 312, authorized appropria- salmon run in waters of Alaska. tions to effectuate provisions of Alaska Game Law. Section 205, acts Jan. 13, 1925, ch. 75, § 1, 43 Stat. 739; Jan. 13, 1925, ch. 75, § 20, as added July 1, 1943, ch. 183, §§ 226 to 239. Omitted 57 Stat. 312, prescribed effective date and short title of CODIFICATION sections 192, 193, and 195 to 211 of this title. Section 206, acts Jan. 13, 1925, ch. 75, § 2, 43 Stat. 739; Sections 226 to 239, relating to Territory of Alaska, Feb. 14, 1931, ch. 185, § 1, 46 Stat. 1111; June 25, 1938, ch. were omitted in view of admission of Alaska into the 686, § 1, 52 Stat. 1169; July 1, 1943, ch. 183, 57 Stat. 301, Union. defined terms used in sections 192, 193, and 195 to 211 of Section 226, act June 6, 1924, ch. 272, § 6, 43 Stat. 466, this title. prescribed penalties for violation of fishing laws. Section 207, acts Jan. 13, 1925, ch. 75, § 3, 43 Stat. 740; Section 227, act June 6, 1924, ch. 272, § 6, 43 Stat. 466, Feb. 14, 1931, ch. 185, § 2, 46 Stat. 1111; June 25, 1938, ch. empowered Director of Fish and Wildlife Service to des- 686, § 2, 52 Stat. 1170; July 1, 1943, ch. 183, 57 Stat. 303; ignate employees as peace officers. Apr. 20, 1949, ch. 81, 63 Stat. 56, provided for residence Section 228, act June 6, 1924, ch. 272, § 8, 43 Stat. 467, and citizenship requirements for hunting, fishing, etc. provided that nothing in sections 221 to 224, 226 to 228, Section 208, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; and 232 to 234 of this title shall not abrogate or curtail July 1, 1943, ch. 183, 57 Stat. 303; July 23, 1953, ch. 238, any territorial powers. 67 Stat. 185, provided for composition of Alaska Game Section 229, act May 31, 1920, ch. 217, 41 Stat. 717, enu- Commission, its tenure and qualifications of members. merated powers of bird reservation wardens. Section 209, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; Section 230, act June 26, 1906, ch. 3547, § 1, 34 Stat. 478, July 1, 1943, ch. 183, 57 Stat. 303, authorized Secretary established a license tax on canning fish. to remove members of Commission and to fill vacan- Section 231, acts June 26, 1906, ch. 3547, § 2, 34 Stat. cies. 478; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, listed exemp- Section 210, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; tions from license tax. July 1, 1943, ch. 183, 57 Stat. 304; July 24, 1947, ch. 307, Section 232, acts June 26, 1906, ch. 3547, § 4, 34 Stat. § 1, 61 Stat. 415, prescribed compensation of members of 479; June 6, 1924, ch. 272, § 4, 43 Stat. 466, prescribed Commission per diem allowances, and salary of execu- manner of taking fish. tive officer. Section 233, acts June 26, 1900, ch. 3547, § 3, 34 Stat. Section 211, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; 479; June 6, 1924, ch. 272, § 3, 43 Stat. 465; Apr. 16, 1934, July 1, 1943, ch. 183, 57 Stat. 304, provided for office of ch. 146, § 1, 48 Stat. 594; Mar. 16, 1955, ch. 12, 69 Stat. 12, commission, its business, and its seal. prohibited obstructions in waters for capturing salmon. § 240 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 22

Section 234, acts June 26, 1906, ch. 3547, § 5, 34 Stat. reindeer and other property, was transferred to section 479; June 6, 1924, ch. 272, § 5, 43 Stat. 466; July 2, 1940, ch. 500a of Title 25. 514, 54 Stat. 723, related to closed season for salmon and Section 250b, act Sept. 1, 1937, ch. 897, § 3, 50 Stat. 900, to stationary and floating traps. which required filing of claims to title to reindeer by Section 235, acts June 26, 1906, ch. 3547, § 7, 34 Stat. nonnatives, was transferred to section 500b of Title 25. 480; Feb. 28, 1929, ch. 365, 45 Stat. 1349, required salmon Section 250c, act Sept. 1, 1937, ch. 897, § 4, 50 Stat. 900, to be canned or salted within forty-eight hours after which authorized Secretary to accept gifts for purposes being killed. of sections 250 to 250n of this title, was transferred to Section 236, act June 26, 1906, ch. 3547, § 8, 34 Stat. 480, section 500c of Title 25. prohibited waste or destruction of food fish. Section 250d, act Sept. 1, 1937, ch. 897, § 5, 50 Stat. 900, Section 237, act June 26, 1906, ch. 3547, § 9, 34 Stat. 480, which empowered Secretary to receive and expand prohibited false labeling or branding of packages of loans, grants, or allocations for purposes of sections 250 fish. to 250n of this title, was transferred to section 500d of Section 238, acts June 26, 1906, ch. 3547, § 10, 34 Stat. Title 25. 480; Mar. 4, 1913, ch. 141, § 1, 37, Stat. 736, required re- Section 250e, act Sept. 1, 1937, ch. 897, § 6, 50 Stat. 900, ports of persons engaged in fishing industry. which established a revolving fund for purposes of sec- Section 239, acts June 26, 1906, ch. 3547, § 11, 34 Stat. tions 250 to 250n of this title, was transferred to section 480; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to man- 500e of Title 25. ner of catching or killing fish. Section 250f, act Sept. 1, 1937, ch. 897, § 7, 50 Stat. 900, which related to management of reindeer industry, was § 240. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, transferred to section 500f of Title 25. 1966, 80 Stat. 637 Section 250g, act Sept. 1, 1937, ch. 897, § 8, 50 Stat. 901, which empowered Secretary to distribute reindeer, Section, acts June 4, 1897, ch. 2, § 1, 30 Stat. 29; June property, and profits to natives, was transferred to sec- 23, 1913, ch. 3, 38 Stat. 63, authorized appointment of an tion 500g of Title 25. agent and assistant agent for protection of salmon fish- Section 250h, act Sept. 1, 1937, ch. 897, § 9, 50 Stat. 901, eries. which authorized Secretary to grant administrative powers to organizations of natives, was transferred to §§ 241 to 248b. Omitted section 500h of Title 25. Section 250i, act Sept. 1, 1937, ch. 897, § 10, 50 Stat. 901, CODIFICATION which provided for alienation of reindeer or interests, was transferred to section 500i of Title 25. Sections 241 to 248b, relating to Territory of Alaska, Section 250j, act Sept. 1, 1937, ch. 897, § 11, 50 Stat. 902, were omitted in view of admission of Alaska into the which defined reindeer as used in sections 250 to 250n, Union. of this title, was transferred to section 500j of Title 25. Section 241, acts June 26, 1906, ch. 3547, § 12, 34 Stat. Section 250k, act Sept. 1, 1937, ch. 897, § 12, 50 Stat. 480; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, empowered Sec- 902, which authorized Secretary to promulgate rules retary to deputize officers and employees of the De- and regulations, was transferred to section 500k of Title partment as law enforcement officers. 25. Section 242, acts June 26, 1906, ch. 3547, § 14, 34 Stat. Section 250l, act Sept. 1, 1937, ch. 897, § 13, 50 Stat. 902, 481; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to juris- which directed Secretary, whenever practicable, to ap- diction of prosecutions for violations of sections 230 to point natives to administer the industry, was trans- 239, 241, and 242 of this title. ferred to section 500l of Title 25. Section 243, acts June 14, 1906, ch. 3299, § 1, 34 Stat. Section 250m, act Sept. 1, 1937, ch. 897, § 14, 50 Stat. 263; June 25, 1938, ch. 689, 52 Stat. 1174, prohibited fish- 902, which related to use of public lands, was trans- ing by aliens and permitted sales to aliens. ferred to section 500m of Title 25. Section 244, act June 14, 1906, ch. 3299, § 2, 34 Stat. 264, Section 250n, act Sept. 1, 1937, ch. 897, § 15, 50 Stat. prescribed penalties for violations of sections 243 to 247 902, which defined ‘‘Natives of Alaska’’ for purposes of of this title. sections 250 to 250n of this title, was transferred to sec- Section 245, act June 14, 1906, ch. 3299, § 3, 34 Stat. 264, tion 500n of Title 25. provided for jurisdiction of prosecutions under sections Section 250o, act Sept. 1, 1937, ch. 897, § 16, 50 Stat. 902, 243 to 247 of this title. which authorized appropriation of $2,000,000.00 to carry Section 246, acts June 14, 1906, ch. 3299, § 4, 34 Stat. out sections 250 to 250n of this title, is set out as a note 264; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Aug. 4, 1949, ch. under section 500 of Title 25. 393, §§ 1, 20, 63 Stat. 495, 501, authorized searches and sei- Section 250p, act Sept. 1, 1937, ch. 897, § 17, 50 Stat. 902, zures of vessels. which repealed provisions inconsistent with sections Section 247, acts June 14, 1906, ch. 3299, § 5, 34 Stat. 250 to 250n of this title, is set out as a note under sec- 264; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Jan. 28, 1915, tion 500 of Title 25. ch. 20, § 1, 38 Stat. 800; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561, empowered Secretary to promulgate rules §§ 261 to 291. Repealed. Apr. 13, 1934, ch. 119, § 1, and regulations to carry into effect provisions of sec- 48 Stat. 583 tions 243 to 246 of this title. Section 248, acts Aug. 18, 1941, ch. 368, § 1, 55 Stat. 632; Section 261, act Feb. 14, 1917, ch. 53, § 1, 39 Stat. 903, June 29, 1956, ch. 460, §§ 1, 2, 70 Stat. 372, provided for prohibited manufacture or sale of intoxicating liquor in protection of walruses. the territory of Alaska. Section 262, act Feb. 14, 1917, ch. 53, § 2, 39 Stat. 903, Section 248a, act Aug. 18, 1941, ch. 368, § 2, 55 Stat. 633, related to a permit for transportation of pure alcohol. prescribed duties of law enforcement officers, and for Section 263, act Feb. 14, 1917, ch. 53, § 3, 39 Stat. 904, forfeiture of equipment of convicted persons. related to an application for a permit to transport pure Section 248b, act Aug. 18, 1941, ch. 368, § 3, 55 Stat. 633, alcohol. defined terms used in sections 248 to 248b of this title. Section 264, act Feb. 14, 1917, ch. 53, § 4, 39 Stat. 904, related to form and issue of permits for transport of §§ 250 to 250p. Transferred pure alcohol. CODIFICATION Section 265, act Feb. 14, 1917, ch. 53, § 5, 39 Stat. 904, related to maintenance of a record of permits. Section 250, act Sept. 1, 1937, ch. 897, § 1, 50 Stat. 900, Section 266, act Feb. 14, 1917, ch. 53, § 6, 39 Stat. 904, which declared purpose of sections 250 to 250n of this related to attaching permits to packages. title for establishment of a reindeer industry, was Section 267, act Feb. 14, 1917, ch. 53, § 25, 39 Stat. 908, transferred to section 500 of Title 25, Indians. related to revocation of licenses of pharmacists. Section 250a, act Sept. 1, 1937, ch. 897, § 2, 50 Stat. 900, Section 268, act Feb. 14, 1917, ch. 53, § 7, 39 Stat. 904, which authorized Secretary of the Interior to acquire related to records for shipments of pure alcohol. Page 23 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 312 to 312d

Section 269, act Feb. 14, 1917, ch. 53, § 8, 39 Stat. 905, 494, which provided for location, construction and oper- related to transportation of wine for sacramental pur- ation of railroads, and for use of passes, was transferred poses. to section 975 of Title 43, Public Lands. Section 270, act Feb. 14, 1917, ch. 53, § 9, 39 Stat. 905, related to refusal of delivery of sacramental wine with- § 301a. Repealed. Pub. L. 97–468, title VI, out a certificate. § 615(a)(2), Jan. 14, 1983, 96 Stat. 2578 Section 271, act Feb. 14, 1917, ch. 53, § 10, 39 Stat. 905, related to alcohol for scientific purposes. Section, act June 24, 1946, ch. 465, 60 Stat. 304, pro- Section 272, act Feb. 14, 1917, ch. 53, § 11, 39 Stat. 905, vided that funds available for operation of Alaska Rail- related to form for permits for transport of alcohol for road were available for other specified purposes. scientific purposes. EFFECTIVE DATE OF REPEAL Section 273, act Feb. 14, 1917, ch. 53, § 12, 39 Stat. 906, related to cancellation of permits to transport alcohol Repeal by Pub. L. 97–468 effective on date of transfer for scientific purposes. of to the State [Jan. 5, 1985], pursuant Section 274, act Feb. 14, 1917, ch. 53, § 13, 39 Stat. 906, to section 1203 of Title 45, Railroads, see section 615(b) related to use of buildings or vehicles for unlawful of Pub. L. 97–468. manufacture, transportation, or disposal of intoxicat- §§ 302 to 308. Transferred ing liquors. Section 275, act Feb. 14, 1917, ch. 53, § 14, 39 Stat. 906, CODIFICATION related to importation or possession of liquors except Section 302, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305, as provided by law. which authorized construction and maintenance of Section 276, act Feb. 14, 1917, ch. 53, § 15, 39 Stat. 906, telegraph and telephone lines, was transferred to sec- related to drinking intoxicating liquors in or on a pas- tion 975a of Title 43, Public Lands. senger coach. Section 302a, act May 26, 1900, ch. 586, 31 Stat. 206, Section 277, act Feb. 14, 1917, ch. 53, § 16, 39 Stat. 906, which prohibited establishment of telegraph or cable related to penalty for maintaining a place for unlawful lines by foreigners, was transferred to section 17 of sale of alcoholic liquors. Title 47, Telecommunications, and was subsequently Section 278, act Feb. 14, 1917, ch. 53, § 17, 39 Stat. 906, repealed. related to arrest for unlawful manufacture sale or Section 303, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305, transport of intoxicating liquors. which empowered the President to designate town Section 279, act Feb. 14, 1917, ch. 53, § 18, 39 Stat. 907, sites, was transferred to section 975b of Title 43, Public related to evidence necessary to convict. Lands, and was subsequently repealed by Pub. L. 94–579, Section 280, act Feb. 14, 1917, ch. 53, § 19, 39 Stat. 907, § 704(a), Oct. 21, 1976, 90 Stat. 2792. related to holding places which dispensed alcoholic liq- Section 304, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 505, uor unlawfully as a nuisance. which related to terminals, stations, and rights of way, Section 281, act Feb. 14, 1917, ch. 53, § 20, 39 Stat. 907, was transferred to section 975c of Title 43. related to abatement of liquor nuisances. Section 305, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 505, Section 282, act Feb. 14, 1917, ch. 53, § 21, 39 Stat. 907, which required patents to reserve rights of way to the related to forfeiture of a lease by a tenant convicted of United States, was transferred to section 975d of Title maintaining a liquor nuisance. 43. Section 283, act Feb. 14, 1917, ch. 53, § 22, 39 Stat. 908, Section 306, act Mar. 12, 1914, ch. 37, § 3, 38 Stat. 307, related to owners of buildings knowingly permitting a which provided for disposition of proceeds of lease or liquor nuisance. sale of public lands, was transferred to section 975e of Section 284, act Feb. 14, 1917, ch. 53, § 23, 39 Stat. 908, Title 43. provided that no property rights exist in alcoholic liq- Section 307, act Mar. 12, 1914, ch. § 1, 38 Stat. 305, uors illegally manufactured or stored. which authorized and empowered the President to Section 285, act Feb. 14, 1917, ch. 53, § 24, 39 Stat. 908, carry out the provisions dealing with the establishment provided for punishment for violation of law. of public utilities, was transferred to section 975f of Section 286, act Feb. 14, 1917, ch. 53, § 26, 39 Stat. 908, Title 43. related to evidence of sale of intoxicating liquors. Section 308, act Mar. 12, 1914, ch. 37, § 4, 38 Stat. 307, Section 287, act Feb. 14, 1917, ch. 53, § 27, 39 Stat. 908, which made mandatory certain annual reports to the related to duties of officers to enforce the law. President by officers, agents, or agencies covering their Section 288, act Feb. 14, 1917, ch. 53, § 28, 39 Stat. 908, activities in connection with the construction and de- related to filing of an information for prosecution. velopment of public utilities, was transferred to section Section 289, act Feb. 14, 1917, ch. 53, § 29, 39 Stat. 908, 975g of Title 43. related to penalty for unlawful importation of liquor. Section 290, act Feb. 14, 1917, ch. 53, § 31, 39 Stat. 909, § 309. Repealed. Feb. 10, 1939, ch. 2, § 4(a), 53 provided for additional legislation as needed. Stat. 1 Section 291, act Feb. 14, 1917, ch. 53, § 32, 39 Stat. 909, Section, act July 18, 1914, ch. 187, 38 Stat. 517, related provided that in interpretation of these provisions sin- to taxation of railroads. gular include plural and masculine include feminine. §§ 310, 311. Omitted §§ 292, 293. Omitted CODIFICATION CODIFICATION Sections 310 and 311, relating to Territory of Alaska, Sections 292 and 293, relating to Territory of Alaska, were omitted in view of admission of Alaska into the were omitted in view of admission of Alaska into the Union. Union. Section 310, act May 26, 1900, ch. 586, 31 Stat. 206, al- Section 292, act Apr. 13, 1934, ch. 119, § 2, 48 Stat. 583, lowed conduct of commercial business over military provided for manufacture and sale of intoxicating liq- telegraph and cable lines. uors. Section 311, act May 23, 1941, ch. 130, § 1, 55 Stat. 190, Section 293, act Apr. 13, 1934, ch. 119, § 3, 48 Stat. 584, allowed payment of charges for interconnection be- ratified and approved act to create board of liquor con- tween radio-telephone facilities of Alaska Communica- trol, and prescribed penalties for violation of rules and tion System and commercial facilities to be made out regulations of the board. of receipts of the Alaska Communication System. § 301. Transferred §§ 312 to 312d. Repealed. Pub. L. 104–58, title I, CODIFICATION § 104(g)(1), Nov. 28, 1995, 109 Stat. 560 Section, acts Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305; Apr. Section 312, acts July 31, 1950, ch. 510, § 1, 64 Stat. 382; 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69 Stat. Aug. 13, 1953, ch. 430, § 1(1), (2), 67 Stat. 574; Oct. 30, 1984, §§ 315 to 315i TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 24

Pub. L. 98–552, § 4, 98 Stat. 2823, authorized construction establishment of Board of Road Commissioners and its of Eklutna project, reservation of mineral rights, dis- composition, was omitted in view of admission of Alas- position of net proceeds, and reservation of water ka into the Union. rights. Section 312a, acts July 31, 1950, ch. 510, § 2, 64 Stat. §§ 321a to 325. Repealed. Pub. L. 86–70, § 21(d)(6), 382; Aug. 13, 1953, ch. 430, § 1(3), 67 Stat. 574, covered dis- (7), June 25, 1959, 73 Stat. 146 position of electric power produced from Eklutna project, rate and rate schedules, sale preferences, dis- Section 321a, act June 30, 1932, ch. 320, § 2, 47 Stat. 446, position of receipts, and creation of a continuing fund. related to execution of laws pertaining to construction Section 312b, act July 31, 1950, ch. 510, § 3, 64 Stat. 383, and maintenance of roads and trails by Secretary of the authorized Secretary of the Interior to perform the Interior. acts necessary to carry into effect Eklutna project and Section 321b, act June 30, 1932, ch. 320, § 3, 47 Stat. 446, otherwise set out his powers and duties in connection related to distribution of duties and promulgation of with project. rules and regulation. Section 321c, act June 30, 1932, ch. 320, § 4, 47 Stat. 446, Section 312c, act July 31, 1950, ch. 510, § 4, 64 Stat. 383, related to submission of appropriations. authorized and directed Secretary to report on feasibil- Section 321d, act June 30, 1932, ch. 320, § 5, as added ity of transferring Eklutna project, upon completion, July 24, 1947, ch. 313, 61 Stat. 418, required a reservation to public ownership. of right-of-way for roads, roadways, highways, tram- Section 312d, act July 31, 1950, ch. 510, § 5, 64 Stat. 383, ways, trails, bridges, and appurtenant structures in authorized Secretary to delegate the powers and func- patents and deeds. tions given him in connection with the Eklutna Section 322, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; project. May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. EFFECTIVE DATE OF REPEAL 320, § 1, 47 Stat. 446; July 14, 1955, ch. 359, 69 Stat. 321, related to location, lay out, construction, and mainte- Repeal effective Oct. 2, 1997, date Eklutna was con- nance of roads, trails and bridges. veyed to Eklutna Purchasers, see section 104(g)(1) of Section 323, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; Pub. L. 104–58, set out as an Alaska Power Administra- May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. tion Asset Sale and Termination note under section 320, § 1, 47 Stat. 446, related to maps, plans and speci- 7152 of Title 42, The Public Health and Welfare. fications for roads and trails and contracts for perma- nent contracts. §§ 315 to 315i. Omitted Section 324, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. CODIFICATION 320, § 1, 47 Stat. 446, related to repair of roads and trails. Sections 315 to 315i, relating to Territory of Alaska, Section 325, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; were omitted in view of admission of Alaska into the May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. Union. 320, § 1, 47 Stat. 446, related to costs and expenses of lay- Section 315, acts May 31, 1938, ch. 298, § 1, 52 Stat. 589; ing out, constructing, and repairing roads and trails. July 24, 1946, ch. 610, § 1, 60 Stat. 659, authorized public EFFECTIVE DATE OF REPEAL school and utility districts to construct facilities, incur bonded indebtedness, and perform other defined func- Repeal of sections 321a to 325 effective July 1, 1959, tions. see section 21(d) of Pub. L. 86–70 set out as an Effective Section 315a, acts May 31, 1938, ch. 298, § 2, 52 Stat. 589; Date of 1959 Amendment note under section 103 of Title July 24, 1946, ch. 610, § 2, 60 Stat. 659, required submis- 23, Highways. sion of proposal to electors before any public utility or school district could incur a bonded indebtedness. §§ 326 to 330. Omitted Section 315b, act May 31, 1938, ch. 298, § 3, 52 Stat. 589, CODIFICATION set out terms, execution, interest, and sales price of bonds of public utility or school district. Sections 326 to 330, relating to Territory of Alaska, Section 315c, act May 31, 1938, ch. 298, § 4, 52 Stat. 590, were omitted in view of admission of Alaska into the laid upon governing body of each district duty of levy- Union. ing taxes to provide payment of interest and principal Section 326, acts Feb. 12, 1925, ch. 225, title II, 43 Stat. on bonds. 930; June 30, 1932, ch. 320, § 1, 47 Stat. 446, authorized in- Section 315d, act May 31, 1938, ch. 298, § 5, 52 Stat. 590, curring of obligations for roads, bridges, and trails in repealed laws inconsistent with sections 315 to 315d and advance of appropriations in certain cases. restricted effect of any limitation placed upon powers Section 327, acts June 30, 1921, ch. 33, § 1, 42 Stat. 90; granted thereby to such powers and not to powers June 30, 1932, ch. 320, § 1, 47 Stat. 446, authorized Sec- granted by any other sections. retary of the Interior to accept contributions from Ter- Section 315e, acts Jan. 17, 1940, ch. 3, § 1, 54 Stat. 14; ritory or from other sources for use in construction, Aug. 18, 1958, Pub. L. 85–675, § 1, 72 Stat. 625, authorized maintenance, or repair of roads, bridges, ferries, trails, issuance of refunding bonds by municipal corporations and related works in the Territory. and public utility districts. Section 328, act July 9, 1918, ch. 143, 40 Stat. 863, re- Section 315f, acts Jan. 17, 1940, ch. 3, § 2, 54 Stat. 15; lated to estimates for work on roads. Aug. 18, 1958, Pub. L. 85–675, § 1, 72 Stat. 626, set terms, Section 329, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; interest, negotiability, etc., of refunding bonds. May 14, 1906, ch. 2458, § 2, 34 Stat. 192, related to ex- Section 315g, acts Jan. 17, 1940, ch. 3, § 3, 54 Stat. 15; penses of board in addition to salary. Section 330, act Apr. 27, 1914, ch. 72, 38 Stat. 366, relat- Aug. 18, 1958, Pub. L. 85–675, § 1, 72 Stat. 626, laid upon ed to per diem commutation of Army officer member of governing body of municipal corporations or public- board. utility or school district duty of levying taxes to retire refunding bonds. §§ 331 to 337. Repealed. Dec. 16, 1930, ch. 14, § 1, Section 315h, act Jan. 17, 1940, ch. 3, § 4, 54 Stat. 15, 46 Stat. 1029 ratified prior issues of refunding bonds. Section 315i, Pub. L. 85–675, § 2, Aug. 18, 1958, 72 Stat. Section 331, act Apr. 27, 1904, ch. 1629, 33 Stat. 391, re- 626, ratified prior issues of refunding bonds. lated to road overseers and to creation of road dis- tricts. § 321. Omitted Section 332, act Apr. 27, 1904, ch. 1629, 33 Stat. 391, re- lated to term of office and qualification of road over- CODIFICATION seers. Section, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; Section 333, act Apr. 27, 1904, ch. 1629, 33 Stat. 392, re- May 14, 1906, ch. 2458, § 2, 34 Stat. 192, which related to lated to duties of overseers. Page 25 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 353a to 362

Section 334, act Apr. 27, 1904, ch. 1629, 33 Stat. 392, re- 323, 67 Stat. 364; Aug. 2, 1956, ch. 892, 70 Stat. 954; Aug. lated to work on roads. 27, 1958, Pub. L. 85–771, § 3, 72 Stat. 929, made reserva- Section 335, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, re- tion of certain lands for educational purposes, covered lated to an annual report. disposition of proceeds or income derived from reserved Section 336, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, re- lands, and set out exclusion of certain lands. lated to neglect or refusal of road overseers to perform their duties. §§ 353a to 362. Transferred Section 337, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, re- lated to compensation of road overseers. CODIFICATION Section 353a, act May 31, 1938, ch. 304, 52 Stat. 593, §§ 338 to 338g. Omitted which authorized Secretary of the Interior to reserve CODIFICATION tracts in Alaska for school, hospitals, etc. for the Indi- ans, Eskimos, and Aleuts of Alaska, was transferred to Sections 338 to 338g, relating to Territory of Alaska, section 497 of Title 25, Indians, and was subsequently were omitted in view of admission of Alaska into the repealed by Pub. L. 94–579, § 704(a), Oct. 21, 1976, 90 Stat. Union. 2792. Section 338, acts Aug. 1956, ch. 840, § 1, 70 Stat. 888; Section 354, act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, Apr. 20, 1957, Pub. L. 85–16, 71 Stat. 14; July 6, 1959, Pub. which set aside a site for an agricultural college and L. 86–78, § 1(1), 73 Stat. 161, established Alaska Inter- school of mines, is set out as note under section 852 of national Rail and Highway Commission, set out its size Title 43, Public Lands. and structure, appointment of its members, and selec- Section 354a, acts Jan. 21, 1929, ch. 92, §§ 1–7, 45 Stat. tion of chairman and vice chairman, and authorized ap- 1091–1093; July 12, 1960, Pub. L. 86–620, 74 Stat. 408, pointment of an Army officer to Commission. which made additional grants for an agricultural col- Section 338a, act Aug. 1, 1956, ch. 840, § 2, 70 Stat. 8888, lege and school of mines and imposed certain condi- set out duties of Commission. tions and limitations, is set out as a note under section Section 338b, acts Aug. 1, 1956, ch. 840, § 3, 70 Stat. 888; 852 of Title 43. Aug. 8, 1958, Pub. L. 85–601, § 1(a), 72 Stat. 524, author- Section 355, act Mar. 3, 1891, ch. 561, § 11, 26 Stat. 1099, ized Commission to cooperate with Canada in carrying which permitted lands to be entered for town-site pur- out its functions. Section 338c, act Aug. 1, 1956, ch. 840, § 4, 70 Stat. 889, poses and set out the requirements for the proper exe- set out powers of Commission to conduct hearings, ad- cution of the trust created thereby, was transferred to minister oaths and affirmations, employ experts, uti- section 732 of Title 43, and was subsequently repealed lize facilities, information, and personnel of other fed- by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 355a, act May 25, 1926, ch. 379, § 1, 44 Stat. 629, eral departments and agencies, and use information contained in certain named surveys and plans. which authorized town-site trustee to issue a deed set- Section 338d, act Aug. 1, 1956, ch. 840, § 5, 70 Stat. 889, ting aside lands on survey of town site for Indian or Es- authorized Commission to delegate its powers and du- kimo lands, was transferred to section 733 of Title 43, ties, other than duty of submitting reports and making and was subsequently repealed by Pub. L. 94–579, recommendations to Congress. § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 338e, act Aug. 1, 1956, ch. 840, § 6, 70 Stat. 889, Section 355b, act May 25, 1926, ch. 379, § 2, 44 Stat. 630, provided for reimbursement of Commission members which authorized the extension of streets and alleys for travel, subsistence, and other necessary expenses al- across Indian or Eskimo lands, was transferred to sec- though it expressly called for service by Commission tion 734, of Title 43, and was subsequently repealed by members without compensation. Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 338f, acts Aug. 1, 1956, ch. 840, § 7, 70 Stat. 889; Section 355c, act May 25, 1926, ch. 379, § 3, 44 Stat. 630, Aug. 8, 1958, Pub. L. 85–601, § 1(b), 72 Stat. 524; July 6, which authorized the Secretary of the Interior to have 1959, Pub. L. 86–78, § 1(2), 73 Stat. 161, required Commis- nonmineral lands surveyed into lots and blocks, was sion to make certain reports and recommendations and transferred to section 735 of Title 43, and was subse- called for termination of Commission after submission quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, of its final report. 90 Stat. 2789. Section 338g, act Aug. 1, 1956, ch. 840, § 8, 70 Stat. 889; Section 355d, act May 25, 1926, ch. 379, § 4, 44 Stat. 630, Aug. 8, 1958, Pub. L. 85–601, § 1(c), 72 Stat. 525, author- which authorized the Secretary to prescribe appro- ized making of appropriations to enable Commission to priate regulations for the administration of sections carry out its functions. 355a to 355c of this title, was transferred to section 736 of Title 43, and was subsequently repealed by Pub. L. § 341. Transferred 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 355e, act Feb. 26, 1948, ch. 72, 62 Stat. 35, CODIFICATION which permitted the holding of town-site lands under Section, act Mar. 30, 1948, ch. 162, 62 Stat. 100, which unrestricted deeds by Alaska natives under certain con- made provision for occupancy and use of national-for- ditions, was transferred to section 737 of Title 43. est lands under permit and dealt with period of such Section 356, act June 6, 1900, ch. 786, § 27, 31 Stat. 330, permits, size of area allotted, prohibitions, and the ter- which prohibited the disturbing of the occupancy of mination of permits, was transferred to section 497a of lands being occupied by Indians or other persons con- Title 16, Conservation. ducting schools or missions but expressly cautioned against a construction of this section which might §§ 351, 352. Transferred serve to place in force in the Territory the general land CODIFICATION laws of the United States, was transferred to section 280a of Title 25, Indians. Section 351, act Mar. 3, 1889, ch. 424, § 1, 30 Stat. 1098, Section 357, acts May 17, 1906, ch. 2469, 34 Stat. 197; which extended to Territory the system of public land Aug. 2, 1956, ch. 891, § 1(a)–(d), 70 Stat. 954, which au- surveys, was transferred to section 751a of Title 43, thorized the making of homestead allotments to native Public Lands. Indians, Aleuts, or Eskimos, was transferred to section Section 352, acts Mar. 2, 1907, ch. 2537, § 4, 34 Stat. 1232; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Oct. 9, 1942, ch. 270–1 of Title 43, Public Lands, and was subsequently 584, § 2, 56 Stat. 779, which provided for making of land repealed by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. surveys in Nome and Fairbanks districts, was trans- 710. Section 357a, act May 17, 1906, ch. 2469, § 2, as added ferred to section 751b of Title 43. Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which permitted § 353. Repealed. Pub. L. 85–508, § 6(k), July 7, allotments of land in national forests if the land was 1958, 72 Stat. 343 certified as chiefly valuable for agricultural or grazing uses, was transferred to section 270–2 of Title 43, and Section, acts Mar. 4, 1915, ch. 181, § 1, 38 Stat. 1214; was subsequently repealed by Pub. L. 92–203, § 18(a), Mar. 5, 1952, ch. 80, §§ 1–3, 66 Stat. 14; Aug. 5, 1953, ch. Dec. 18, 1971, 85 Stat. 710. § 363 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 26

Section 357b, act May 27, 1906, ch. 2469, § 2, as added Section 364d, act Aug. 30, 1949, ch. 521, § 4, 63 Stat. 679, Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which prohibited which saved existing rights and limited the application the making of an allotment unless the person made sat- of sections 364a–364e of this title, was transferred to isfactory proof of substantially continuous use and oc- section 687b–3 of Title 43, and was subsequently re- cupancy of the land for five years, was transferred to pealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, section 270–3 of Title 43, and was subsequently repealed 90 Stat. 2789. by Pub. L. 92–203, § 18(a), Dec. 18, 1971, 85 Stat. 710. Section 364e, act Aug. 30, 1949, ch. 521, § 5, 63 Stat. 679, Section 358, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which authorized the Secretary of the Interior to make which reserved the Annette Islands for the Metlakahtla rules and regulations to carry out the purposes of sec- Indians, was transferred to section 495 of Title 25, Indi- tion 364a to 364e of this title, was transferred to section ans. 687b–4 of Title 43, and was subsequently repealed by Section 358a, act May 1, 1936, ch. 254, § 2, 49 Stat. 1250, Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. which authorized the designation of land for the use of 2789. Indians or Eskimos, was transferred to section 496 of Section 364f, Pub. L. 88–66, July 19, 1963, 77 Stat. 80, Title 25, and was subsequently repealed by Pub. L. which called for the application of equitable principles 94–579, § 704(a), Oct. 21, 1976, 90 Stat. 2792. upon submission of proof of compliance with use re- Section 359, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; quirements after prescribed period, was transferred to Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, section 687b–5 of Title 43, and was subsequently re- 43 Stat. 1144, which set out the requirements of filing, pealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. publishing, and posting of proofs needed for proving 2789. claims, as well as the form and use of the affidavits, Section 365, act Oct. 9, 1942, ch. 584, § 6, 56 Stat. 779, was transferred to section 270–4 of Title 43, Public which provided for continuation of existing land dis- Lands, and was subsequently repealed by Pub. L. 94–579, tricts and offices and made provision for making of title VII, § 702, Oct. 21, 1976, 90 Stat. 2787. changes in district boundaries, discontinuance of dis- Section 360, act July 3, 1926, ch. 745, § 1, 44 Stat. 821, tricts, and designation of land offices, was transferred which authorized the leasing of land for the purpose of to section 123a of Title 43. fur farming, was transferred to section 687c of Title 43. Section 361, act July 3, 1926, ch. 745, § 2, 44 Stat. 822, §§ 366 to 367. Omitted which authorized the Secretary of the Interior to per- form any and all acts necessary to carry into effect the CODIFICATION provisions of section 360, was transferred to section Sections 366 to 367, which related to registers at land 687c–1 of Title 43. offices, were omitted in view of Reorg. Plan No. 3 of Section 362, act May 1, 1936, ch. 254, § 1, 49 Stat. 1250, 1946, § 403, eff. July 16, 1946, 60 Stat. 1100, set out in the which called for the application to the Territory of cer- Appendix to Title 5, Government Organization and Em- tain statutes dealing with the conservation of Indian ployees, which abolished the office of land register and lands and allowed the organization of groups of Indians transferred its functions to the Secretary of the Inte- not recognized as bands or tribes, was transferred to rior. section 473a of Title 25, Indians. Section 366, act Oct. 9, 1942, ch. 584, § 2, 56 Stat. 779, which related to registers at land offices at Anchorage, § 363. Repealed. June 14, 1926, ch. 578, § 5, as Nome, and Fairbanks, was subsequently repealed by added June 4, 1954, ch. 263, 68 Stat. 175 Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 651. Section 366a, act Oct. 9, 1942, ch. 584, § 3, 56 Stat. 779, Section, act Oct. 17, 1940, ch. 890, § 1, 54 Stat. 1192, au- which related to additional registers, was subsequently thorized, with limitations, the sale or lease of unre- repealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. served public lands in Alaska to incorporated cities and 651. towns in Alaska for cemetery, park, or recreational Section 367, act Oct. 9, 1942, ch. 584, § 4, 56 Stat. 779, purposes. related to duties of registers. §§ 364 to 365. Transferred § 367a. Transferred CODIFICATION CODIFICATION Section 364, act July 24, 1947, ch. 305, 61 Stat. 414, which authorized the legislature to provide for the ex- Section, act Oct. 9, 1942, ch. 584, § 5, 56 Stat. 779, which ercise of zoning power in town sites, was transferred to made public land claimants liable for fees, commis- section 738 of Title 43, Public Lands, and was subse- sions, or purchase money required by law to be paid, quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, was transferred to section 79d of Title 43, Public Lands. 90 Stat. 2789. Section 364a, act Aug. 30, 1949, ch. 521, § 1, 63 Stat. 679, § 368. Omitted which authorized the sale of certain public lands and CODIFICATION set out the requirements of public auction, notice, and proof of the buyer’s intention, was transferred to sec- Section, act June 5, 1920, ch. 235, § 1, 41 Stat. 908, tion 687b of Title 43, and was subsequently repealed by which related to compensation of clerks in district land Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. offices, was limited to the appropriation act of which it 2789. was a part. Section 364b, act Aug. 30, 1949, ch. 521, § 2, 63 Stat. 679, which prohibited the sale of land for less than the ap- §§ 371 to 371c. Transferred praised value and the cost of making any survey to CODIFICATION properly describe the land sold, was transferred to sec- tion 687b–1 of Title 43, and was subsequently repealed Section 371, acts May 14, 1898, ch. 299, § 1, 30 Stat. 409; by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. Mar. 3, 1903, ch. 1002, 32 Stat. 1028; Oct. 28, 1921, ch. 114, 2789. § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. Section 364c, act Aug. 30, 1949, ch. 521, § 3, 63 Stat. 679, 29, 1950, ch. 137, § 1, 64 Stat. 94; Aug. 2, 1955, ch. 496, § 1, which called for issuance of a certificate of purchase to 69 Stat. 444, which extended the homestead laws to buyers of public lands and made provision for patent in Alaska, was transferred to section 270 of Title 43, Pub- fee and issuance and contents thereof and placed the li- lic Lands, and was subsequently repealed by Pub. L. ability for mining damage upon persons prospecting for 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. and removing minerals, was transferred to section Section 371a, act Apr. 29, 1950, ch. 137, § 2, 64 Stat. 95, 687b–2 of Title 43, and was subsequently repealed by which required the filing of notice of location by all Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. persons maintaining a settlement claim on public land 2789. on April 29, 1950 if notice of location had not previously Page 27 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 392 been filed, was transferred to section 270–5 of Title 43, Section 379, acts Apr. 13, 1926, ch. 121, § 1, 44 Stat. 243; and was subsequently repealed by Pub. L. 94–579, Apr. 29, 1950, ch. 134, § 3, 64 Stat. 93, which permitted de- § 703(a), Oct. 21, 1976, 90 Stat. 2789. parture from the system of rectangular forms made by Section 371b, act Apr. 29, 1950, ch. 137, § 3, 64 Stat. 95, north-south lines in setting out homestead claims when which specified the effect of failing to file the notice of local or topographic conditions required, was trans- settlement required by section 371a of this title, was ferred to section 270–15 of Title 43, and was subse- transferred to section 270–6 of Title 43, and was subse- quently repealed by Pub. L. 94–579, title VII, § 703(a), quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, Oct. 21, 1976, 90 Stat. 2789. 90 Stat. 2789. Section 380, acts Oct. 28, 1921, ch. 114, § 1 42 Stat. 208; Section 371c, acts Apr. 29, 1950, ch. 137, § 4, 64 Stat. 95; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. 13, 1926, ch. 121, July 11, 1956, ch. 571, § 2, 70 Stat. 529, which provided for § 2, 44 Stat. 244, which made provision for the survey of final or homestead proof on unsurveyed land as a basis soldier’s additional entry, was transferred to section for free survey and set a time limit therefor, was trans- 270–16 of Title 43, and was subsequently repealed by ferred to section 270–7 of Title 43, and was subsequently Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 380a, act Apr. 13, 1926, ch. 121, § 3, 44 Stat. 244, 2789. which provided for the disposition of sums deposited was transferred to section 270–17 of Title 43, and was § 372. Omitted subsequently repealed by Pub. L. 94–579, title VII, CODIFICATION § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 381, acts June 6, 1900, ch. 786, § 26, 31 Stat. 329; Section, acts June 5, 1920, ch. 265, 41 Stat. 1059; Aug. May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, 3, 1955, ch. 496, § 3, 69 Stat. 444, which modified restric- § 1, 61 Stat. 916; Aug. 14, 1958, Pub. L. 85–662, 72 Stat. 615, tions upon location of homestead sites, was omitted in which extended the mining laws of the United States to view of admission of Alaska into the Union. the Territory of Alaska, was transferred to section 49a of Title 30, Mineral Lands and Mining. §§ 373 to 385. Transferred Section 381a, act May 4, 1934, ch. 211, §§ 2, 3, 48 Stat. 663, which extended the mining laws relating to placer CODIFICATION claims to the Territory of Alaska, was transferred to Section 373, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; section 49b of Title 30. Section 381b, act May 4, 1934, ch. 211, § 3, 48 Stat. 663, June 28, 1918, ch. 110, 40 Stat. 632, which set a limit on which related to effective date of section 381a of this the amount of homestead entries, was transferred to title, is set out as a note under section 49b of Title 30. section 270–8 of Title 43, Public Lands, and was subse- Section 382, act June 6, 1900, ch. 786, § 15, 31 Stat. 327, quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, which required recording notices of location of mining 90 Stat. 2789. claims, was transferred to section 49c of Title 30. Section 374, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; Section 383, act June 6, 1900, ch. 786, § 16, 31 Stat. 328, June 28, 1918, ch. 110, 40 Stat. 632, which permitted a which authorized regulations for recording notices of homestead entry in Alaska notwithstanding a former location of mining claims, and legalized certain homestead entry in another state or territory, was records, was transferred to section 49d of Title 30. transferred to section 270–9 of Title 43, and was subse- Section 384, act Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1343, quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, which required annual labor or improvements on min- 90 Stat. 2789. ing claims, was transferred to section 49e of Title 30. Section 375, act July 8, 1916, ch. 228, § 2, as added June Section 385, act Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243, 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. which prescribed the fees for filing proofs of work and 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; improvements, was transferred to section 49f of Title July 11, 1956, ch. 571, § 1, 70 Stat. 528, which made provi- 30. sion for proof of entry on unsurveyed lands, was trans- ferred to section 270–10 of Title 43, and was subse- § 386. Repealed. Pub. L. 87–260, § 1, Sept. 21, 1961, quently repealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 75 Stat. 541 90 Stat. 2789. Section, act June 7, 1910, ch. 265, 36 Stat. 459, per- Section 376, acts Mar. 8, 1922, ch. 96, § 1, 42 Stat. 415; mitted adverse claims provided for in sections 29 and 30 Aug. 23, 1958, Pub. L. 85–725, § 1, 72 Stat. 730, which cov- of Title 30, Mineral Lands and Mining, to be filed at ered claims on land containing coal, oil, and gas, was any time during the 60 days’ period of publication or transferred to section 270–11 of Title 43, and was subse- within eight months thereafter, and adverse suits pro- quently repealed by Pub. L. 94–579, title VII, § 703(a), vided for in section 30 of Title 30, to be instituted at Oct. 21, 1976, 90 Stat. 2789. any time within 60 days after the filing of said claims Section 377, acts Mar. 8, 1922, ch. 96, § 2, 42 Stat. 416; in the local land office. Aug. 23, 1958, Pub. L. 85–725, § 2, 72 Stat. 730, which called for the inclusion, in the patent for lands contain- §§ 387 to 391. Repealed. May 4, 1934, ch. 211, § 1, ing coal, oil, and gas, of a reservation to the United 48 Stat. 663 States of such minerals together with the right to pros- pect for, mine, and remove the same, was transferred to Section 387, act Aug. 1, 1912, ch. 269, § 1, 37 Stat. 242, section 270–12 of Title 43. related to limiting association placer-mining claims. Section 377a, act Mar. 8, 1922, ch. 96, § 3, as added Aug. Section 388, act Aug. 1, 1912, ch. 269, § 2, 37 Stat. 243, 17, 1961, Pub. L. 87–147, 75 Stat. 384; amended Oct. 3, related to restrictions on power of attorney to locate 1962, Pub. L. 87–742, 76 Stat. 740, which allowed the Sec- placer-mining claims. retary of the Interior to make disposition of lands Section 389, act Aug. 1, 1912, ch. 269, § 3, 37 Stat. 243, known to contain coal, oil, or gas, was transferred to related to restrictions on placer locations. Section 390, acts Aug. 1, 1912, ch. 269, § 4, 37 Stat. 243; section 270–13 of Title 43, and was subsequently re- Mar. 3, 1925, ch. 442, 43 Stat. 1118, related to area and pealed by Pub. L. 94–579, § 703(a), Oct. 21, 1976, 90 Stat. shape of placer claims. 2789. Section 391, act Aug. 1, 1912, ch. 269, § 5, 37 Stat. 243, Section 378, act July 8, 1916, ch. 228, § 3, formerly § 2, related to placer locations in violation of law. 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. See, now, sections 35 to 37 of Title 30, Mineral Lands 633, which excepted from homestead settlement and and Mining. entry the lands in the Annette and Pribilof Islands, is- lands leased or occupied for the propagation of foxes, § 392. Omitted and other islands reserved or withdrawn from settle- ment or entry, was transferred to section 270–14 of Title CODIFICATION 43, and was subsequently repealed by Pub. L. 94–579, Section, act May 14, 1898, ch. 299, § 13, 30 Stat. 415, § 703(a), Oct. 21, 1976, 90 Stat. 2789. which provided for reciprocity with Canada as to min- §§ 395 to 405 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 28 ing rights, was omitted in view of the admission of Section 420, act Aug. 1, 1956, ch. 848, § 1, 70 Stat. 898, Alaska into the Union. which related to public lands within highway, tele- phone, and pipeline withdrawals and authorized amend- §§ 395 to 405. Omitted ment of land description of claim or entry on adjoining lands, was transferred to section 971a of Title 43. CODIFICATION Section 420a, act Aug. 1, 1956, ch. 848, § 2, 70 Stat. 898, Sections 395 to 405, relating to the Territory of Alas- which permitted the Secretary to sell restored lands ka, were omitted in view of the admission of Alaska and granted preference rights, was transferred to sec- into the Union. tion 971b of Title 43. Section 395, act June 25, 1910, ch. 422, § 1, 36 Stat. 848, Section 420b, act Aug. 1, 1956, ch. 848, § 3, 70 Stat. 898, authorized a miners’ labor lien on output, and provided which related to utilization or occupancy of easements, for its priority. was transferred to section 971c of Title 43. Section 396, act June 25, 1910, ch. 422, § 2, 36 Stat. 848, Section 420c, act Aug. 1, 1956, ch. 848, § 4, 70 Stat. 898, required the filing of the claim of the lien, and pre- which related to the effect on valid existing rights, was scribed the form of the claim. transferred to section 971d of Title 43. Section 397, act June 25, 1910, ch. 422, § 3, 36 Stat. 849, Section 420d, act Aug. 1, 1956, ch. 848, § 5, as added directed the recorder to record claims of lien. June 11, 1960, Pub. L. 86–512, 74 Stat. 207, which defined Section 398, act June 25, 1910, ch. 422, § 4, 36 Stat. 849, ‘‘restored lands’’ for purposes of sections 420 to 420c of specified the duration of the lien. this title, was transferred to section 971e of Title 43. Section 399, act June 25, 1910, ch. 422, § 5, 36 Stat. 849, Section 421, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; prescribed the procedure for foreclosure of the liens. Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, Section 400, act June 25, 1910, ch. 422, § 6, 36 Stat. 849, 43 Stat. 1144, which authorized the Secretary to sell authorized defects in lien notice or in proceedings to timber on public lands, was transferred to section 615a foreclose to be cured by amendment. of Title 16, Conservation. Section 401, act June 25, 1910, ch. 422, § 7, 36 Stat. 850, Section 422, acts Feb. 1, 1905, ch. 288, § 2, 33 Stat. 628; prescribed certain procedures in proceedings to fore- June 5, 1920, ch. 235, § 1, 41 Stat. 917, which permitted close liens, and permitted intervention by adverse export of timber pulpwood and wood pulp, was trans- claimants. ferred to section 615b of Title 16. Section 402, act June 25, 1910, ch. 422, § 8, 36 Stat. 850, Section 423, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; provided for joinder of plaintiffs, consolidation of ac- June 15, 1938, ch. 427, 52 Stat. 699, which authorized the tions, and waiver of lien. Secretary to permit cutting and use of timber by set- Section 403, act June 25, 1910, ch. 422, § 9, 36 Stat. 850, tlers, residents, miners, etc., was transferred to section required judgment for claimants, and provided for its 607a of Title 16. enforcement. § 431. Omitted Section 404, act June 25, 1910, ch. 422, § 10, 36 Stat. 851, permitted appeals from final judgments of justices of CODIFICATION the peace in actions under sections 395 to 405 of this Section, acts June 6, 1900, ch. 796, 31 Stat. 658; Apr. 28, title. 1904, ch. 1772, § 4, 33 Stat. 526, which extended coal land Section 405, act June 25, 1910, ch. 422, § 11, 36 Stat. 851, laws of the United States to Alaska, was omitted in prescribed the criminal liability for buying, removing, view of the admission of Alaska into the Union. etc., minerals with notice of lien. § 432. Repealed. Pub. L. 86–252, § 1, Sept. 9, 1959, §§ 411 to 423. Transferred 73 Stat. 490 CODIFICATION Section, act Oct. 20, 1914, ch. 330, § 1, 38 Stat. 741, re- Section 411, act May 14, 1898, ch. 299, § 2, 30 Stat. 409, lated to survey of coal lands in Alaska. See section 201 which granted railroads rights of way, reserved mineral et seq. of Title 30, Mineral Lands and Mining. interests therein, and directed posting of schedules of rates, was transferred to section 942–1 of Title 43, Pub- § 433. Repealed. Pub. L. 85–508, § 20, July 7, 1958, lic Lands. 72 Stat. 351 Section 412, act May 14, 1898, ch. 299, § 3, 30 Stat. 410, Section, act Oct. 20, 1914, ch. 330, § 2, 38 Stat. 742, re- which provided for rights of several roads through can- lated to reservation of coal lands in Alaska. See section yons, was transferred to section 942–2 of Title 43. 201 et seq. of Title 30, Mineral Lands and Mining. Section 413, acts June 2, 1864, ch. 216, § 3, 13 Stat. 357; May 14, 1898, ch. 299, § 4, 30 Stat. 410, which granted the §§ 434 to 445. Repealed. Pub. L. 86–252, § 1, Sept. right of condemnation to railroads, was transferred to 9, 1959, 73 Stat. 490 section 942–3 of Title 43. Section 414, act May 14, 1898, ch. 299, § 4, 30 Stat. 410, Section 434, act Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742, which related to the effect of filing of the preliminary related to division of unreserved lands into leasing survey, was transferred to section 942–4 of Title 43. blocks or tracts and to leases. See sections 181, 201(a), Section 415, act May 14, 1898, ch. 299, § 5, 30 Stat. 410, and 202 of Title 30, Mineral Lands and Mining. which required railroads to file maps of the location of Section 435, act Oct. 20, 1914, ch. 330, § 4, 38 Stat. 742, their roads, was transferred to section 942–5 of Title 43. related to lease of additional lands. See sections 203 and Section 416, act May 14, 1898, ch. 299, § 6, 30 Stat. 411, 204 of Title 30. which provided for right of way for wagon roads, wire Section 436, act Oct. 20, 1914, ch. 330, § 5, 38 Stat. 743, rope, aerial, or other tramways, reserved mineral inter- related to consolidation of leases. See section 205 of ests, and limited tolls, was transferred to section 942–6 Title 30. of Title 43. Section 437, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, Section 417, act May 14, 1898, ch. 299, § 7, 30 Stat. 412, related to the term of the lease. See section 207 of Title which made sections 411 to 419, 421, 423, and 461 to 465 30. of this title inapplicable to military parks, Indian, and Section 438, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, other reservations, was transferred to section 942–7 of related to rents and royalties payable to the United Title 43. States by lessees. See section 207 of Title 30. Section 418, act May 14, 1898, ch. 299, § 8, 30 Stat. 412, Section 438a, act Oct. 20, 1914, ch. 330, § 19, as added which reserved the right of repeal or amendment, was June 6, 1934, ch. 405, 48 Stat. 909, related to suspension transferred to section 942–8 of Title 43. of rentals during suspension of operation or production. Section 419, act May 14, 1898, ch. 299, § 9, 30 Stat. 413, See section 209 of Title 30. which related to the map of location of roads, was Section 439, acts Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744; transferred to section 942–9 of Title 43. July 10, 1957, Pub. L. 85–88, § 1, 71 Stat. 282; July 7, 1958, Page 29 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 461 to 466

Pub. L. 85–508, § 28(a), 72 Stat. 351, related to distribu- Section 455c, Pub. L. 85–303, § 4, Sept. 7, 1957, 71 Stat. tion of net profits, bonuses, royalties, rentals, and 625, related to rights retained by the United States. other payments. See section 191 of Title 30. Section 455d, Pub. L. 85–303, § 5, Sept. 7, 1957, 71 Stat. Section 440, acts Oct. 20, 1914, ch. 330, § 6, 38 Stat. 743; 625, provided that prior claims be unaffected by sec- Feb. 21, 1944, ch. 18, 58 Stat. 18, related to property tions 455 to 455e of this title. leased, limitation of amount, and forfeiture of excess. Section 455e, Pub. L. 85–303, § 6, Sept. 7, 1957, 71 Stat. See sections 184(a), (g), and (h) and 201 et seq. of Title 625, provided for a survey of community boundaries and 30. establishment of pierhead lines. Section 441, acts Oct. 20, 1914, ch. 330, § 7, 38 Stat. 743; Section 456, Pub. L. 85–505, § 1, July 3, 1958, 72 Stat. Feb. 21, 1944, ch. 18, 58 Stat. 18, provided for punishment 322, related to definitions as used in sections 456 to 456h when exceeding authorized interest. of this title. Section 442, acts Oct. 20, 1914, ch. 330, § 8, 38 Stat, 743; Section 456a, Pub. L. 85–505, § 2, July 3, 1958, 72 Stat. Feb. 21, 1944, ch. 18, 58 Stat. 18, prescribed criminal li- 323, related to lease of oil and gas deposits in lands be- ability of officers and agents of corporations or associa- neath nontidal navigable waters. tions violating the law. Section 456b, Pub. L. 85–505, § 3, July 3, 1958, 72 Stat. Section 443, act Oct. 20, 1914, ch. 330, § 8a, 38 Stat. 743, 323, related to deposits of receipts and use of moneys. related to forfeiture of lease for violation of law. See Section 456c, Pub. L. 85–505, § 4, July 3, 1958, 72 Stat. section 184(k) of Title 30, Mineral Lands and Mining. 323, related to determination of nontidal navigable Section 444, acts Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742; water. Mar. 4, 1921, ch. 152, 41 Stat. 1363, related to prospecting Section 456d, Pub. L. 85–505, § 5, July 3, 1958, 72 Stat. permits and leases to prospectors. See section 201(b) of 323, related to rights to take natural resources from Title 30. waters and to navigational servitudes. Section 445, act Oct. 20, 1914, ch. 330, § 10, 38 Stat. 744, Section 456e, Pub. L. 85–505, § 6, July 3, 1958, 72 Stat. related to coal for local and domestic needs. See sec- 323, granted preference rights. tion 208 of Title 30. Section 456f, Pub. L. 85–505, § 7, July 3, 1958, 72 Stat. § 445a. Transferred 324, declared the effect on transferred lands. Section 456g, Pub. L. 85–505, § 9, July 3, 1958, 72 Stat. CODIFICATION 324, related to venue of proceedings affecting leases. Section 456h, Pub. L. 85–505, § 11, July 3, 1958, 72 Stat. Section, act July 19, 1932, ch. 513, 47 Stat. 707, which 325, related to promulgation of rules and regulations. permitted purchase of coal from two or more mines ad- jacent to the Alaska Railroad, was transferred to sec- tion 208a of Title 30, Mineral Lands and Mining, and §§ 461 to 466. Transferred subsequently repealed by Pub. L. 97–468, title VI, § 615(a)(3), Jan. 14, 1983, 96 Stat. 2578. CODIFICATION §§ 446 to 452. Repealed. Pub. L. 86–252, § 1, Sept. Section 461, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; 9, 1959, 73 Stat. 490 Mar. 3, 1927, ch. 323, 44 Stat. 1364; May 26, 1934, ch. 357, 48 Stat. 809; Aug. 23, 1958, Pub. L. 85–725, § 3, 72 Stat. 730, Section 446, act Oct. 20, 1914, ch. 330, § 11, 38 Stat. 744, which related to rights to purchase for trade or manu- related to reservation by the United States in leases, facture lands in the Territories, prescribed the price entries, etc. and limit of acreage, and limited the amount of land Section 447, act Oct. 20, 1914, ch. 330, § 12, 38 Stat. 744, permitted to be purchased, was transferred to section related to assignment or subletting of leases. 687a of Title 43, Public Lands, and was subsequently re- Section 448, act Oct. 20, 1914, ch. 330, § 13, 38 Stat. 744, pealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, related to possession of lessee as possession of the 90 Stat. 2789. United States. Section 461a, act Apr. 29, 1950, ch. 137, § 5, 64 Stat. 95, Section 449, act Oct. 20, 1914, ch. 330, § 14, 38 Stat. 744, which required the filing of notices of claim for the related to forfeiture or cancellation of leases. purchase of land under section 461 of this title, was Section 450, act Oct. 20, 1914, ch. 330, § 16, 38 Stat. 745, transferred to section 687a–1 of Title 43, and was subse- related to statements, representations, and reports. quently repealed by Pub. L. 94–579, title VII, § 703(a), Section 451, act Oct. 20, 1914, ch. 330, § 17, 38 Stat. 745, Oct. 21, 1976, 90 Stat. 2789. related to promulgation of rules and regulations. See Section 462, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; section 189 of Title 30, Mineral Lands and Mining. Aug. 3, 1955, ch. 496, § 2, 69 Stat. 444, which prohibited Section 452, act Oct. 20, 1914, ch. 330, § 15, 38 Stat. 745, entry on lands on navigable waters, was transferred to related to limitation on disposal of coal lands. See sec- section 687a–2 of Title 43, and was subsequently re- tion 193 of Title 30. pealed by Pub. L. 94–579, title VII, § 703(a), Oct. 21, 1976, § 453. Transferred 90 Stat. 2789. Section 463, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, CODIFICATION which related to several claimants of same tract, was Section, act May 28, 1908, ch. 211, § 2, 35 Stat. 424, transferred to section 687a–3 of Title 43, and was subse- which related to preference right of United States to quently repealed by Pub. L. 94–579, title VII, § 703(a), purchase of coal for Army and Navy, was transferred to Oct. 21, 1976, 90 Stat. 2789. section 193a of Title 30, Mineral Lands and Mining. Section 464, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, which reserved landing places along water front for na- §§ 455 to 456h. Omitted tives, was transferred to section 687a–4 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 704(a), CODIFICATION Oct. 21, 1976, 90 Stat. 2792. Sections 455 to 456h, relating to Territory of Alaska, Section 465, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, were omitted in view of admission of Alaska into the which excepted certain islands from the operation of Union. sections 411 to 419, 421, 423, and 461 to 464 of this title, Section 455, Pub. L. 85–303, § 1, Sept. 7, 1957, 71 Stat. was transferred to section 687a–5 of Title 43, and was 623, related to definitions as used in sections 455 to 455e subsequently repealed by Pub. L. 94–579, title VII, of this title. § 703(a), Oct. 21, 1976, 90 Stat. 2789. Section 455a, Pub. L. 85–303, § 2, Sept. 7, 1957, 71 Stat. Section 466, acts Mar. 3, 1891, ch. 561, § 13, 26 Stat. 623, granted United States title to the territory of Alas- 1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144, which related to ka. surveys for the purchase of land under sections 461 to Section 455b, Pub. L. 85–303, § 3, Sept. 7, 1957, 71 Stat. 466 of this title, was transferred to section 687a–6 of 624, related to lands subject to the Submerged Lands Title 43, and was subsequently repealed by Pub. L. Act. 94–579, title VII, § 703(a), Oct. 21, 1976, 90 Stat. 2789. §§ 471 to 471o TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 30

§§ 471 to 471o. Transferred Section 472a, act Mar. 27, 1928, ch. 251, § 2, 45 Stat. 371, related to promulgation of rules and regulations in con- CODIFICATION nection with abandoned military reservations in Alas- Section 471, act Mar. 4, 1927, ch. 513, § 1, 44 Stat. 1452, ka. which declared Congressional policy towards grazing districts and privileges, was transferred to section 316 §§ 473 to 484d. Omitted of Title 43, Public Lands. CODIFICATION Section 471a, act Mar. 4, 1927, ch. 513, § 2, 44 Stat. 1452, which defined terms ‘‘person’’, ‘‘district’’, ‘‘Secretary’’, Sections 473 to 484d, relating to Territory of Alaska, and ‘‘lessee’’, was transferred to section 316a of Title 43. were omitted in view of admission of Alaska into the Section 471b, act Mar. 4, 1927, ch. 513, § 3, 44 Stat. 1452, Union. which gave the Secretary the power to establish graz- Section 473, act Dec. 31, 1941, ch. 644, § 1, 55 Stat. 879, ing districts, was transferred to section 316b of Title 43. established the Alaska militia. Section 471c, act Mar. 4, 1927, ch. 513, § 4, 44 Stat. 1452, Section 474, act Dec. 31, 1941, ch. 644, § 2, 55 Stat. 879, which provided for the alteration of grazing district, exempted from militia service all persons exempted by was transferred to section 316c of Title 43. laws of the United States, judges of several courts of Section 471d, act Mar. 4, 1927, ch. 513, § 5, 44 Stat. 1453, Territory, and members and officers of Alaska Terri- which provided for the giving of notice of the establish- torial Legislature. ment of grazing districts, was transferred to section Section 475, act Dec. 31, 1941, ch. 644, § 3, 55 Stat. 879, 316d of Title 43. established Alaska National Guard. Section 471e, act Mar. 4, 1927, ch. 513, § 6, 44 Stat. 1453, Section 476, act Dec. 31, 1941, ch. 644, § 4, 55 Stat. 879, which authorized the giving of preferences in consider- gave Governor of Territory of Alaska as ex officio com- ing the applications to lease grazing lands, was trans- mander of militia, like command of Alaska National ferred to section 316e of Title 43. Guard while not in Federal service. Section 471f, act Mar. 4, 1927, ch. 513, § 7, 44 Stat. 1453, Section 477, act Dec. 31, 1941, ch. 644, § 5, 55 Stat. 880, which provided for the terms and conditions of leases provided for appointment of Adjutant General of Terri- for grazing lands, was transferred to section 316f of tory of Alaska. Title 43. Section 478, act Dec. 31, 1941, ch. 644, § 6, 55 Stat. 880, Section 471g, act Mar. 4, 1927, ch. 513, § 8, 44 Stat. 1453, provided for ratification and confirmation of existing which authorized the Secretary to determine for each military forces. lease, the grazing fee, was transferred to section 316g of Section 479, act Dec. 31, 1941, ch. 644, § 7, 55 Stat. 880, Title 43. gave Governor power to organize a Territorial Guard Section 471h, act Mar. 4, 1927, ch. 513, § 9, 44 Stat. 1453, during time that Alaska National Guard might be which provided for the disposition of receipts for graz- under Federal service. ing fees, was transferred to section 316h of Title 43. Section 480, acts July 18, 1950, ch. 466, title I, § 101, 64 Section 471i, act Mar. 4, 1927, ch. 513, § 10, 44 Stat. 1453, Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), (7), (9), 69 which provided for the assignment of leases by the les- Stat. 637, 638, authorized government of Alaska to cre- see, was transferred to section 316i of Title 43. ate a public corporate authority to undertake slum Section 471j, act Mar. 4, 1927, ch. 513, § 11, 44 Stat 1454, clearance and urban redevelopment projects. which provided for improvements by the lessee of any Section 480a, acts July 18, 1950, ch. 466, title I, § 102, area included within the provisions of his lease, was 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), 69 Stat. transferred to section 316j of Title 43. 637, authorized government of Alaska to assist slum Section 471k, act Mar. 4, 1927, ch. 513, § 12, 44 Stat. clearance and urban redevelopment through cash dona- 1454, which prohibited the grazing of animals on graz- tions, loans, conveyances of real and personal property, ing district land without a lease or other permission facilities and services. and set the penalty for violation of the section, was Section 480b, act July 18, 1950, ch. 466, title I, § 103, 64 transferred to section 316k of Title 43. Stat. 345, ratified all legislation enacted prior thereto Section 471l, act Mar. 4, 1927, ch. 513, § 13, 44 Stat. 1454, by Legislature of Territory of Alaska. which authorized the Secretary of the Interior to estab- Section 481, acts July 21, 1941, ch. 311, § 1, 55 Stat. 601; lish stock driveways and allow free grazing, was trans- July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, au- ferred to section 316l of Title 43. thorized Legislature to create public corporate authori- Section 471m, act Mar. 4, 1927, ch. 513, § 14, 44 Stat. ties to undertake slum clearance and projects to pro- 1454, which made provision for hearing and appeals vide dwelling accommodations for families of low in- from decisions of Interior Department employees re- come and for persons (and their families) engaged in garding grazing privileges, was transferred to section national-defense activities. 316m of Title 43. Section 482, acts July 21, 1941, ch. 311, § 2, 55 Stat. 602; Section 471n, act Mar. 4, 1927, ch. 513, § 15, 44 Stat. July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, au- 1455, which authorized the Secretary of the Interior to thorized Legislature of Territory of Alaska to provide promulgate rules and regulations necessary to the ad- for appointment of Commissioners. ministration of sections 471 to 471o of this title, appoint Section 483, acts July 21, 1941, ch. 311, § 3, 55 Stat. 602; employees, make expenditures, and investigate, experi- July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, au- ment, and improve the reindeer industry and cooperate thorized Legislature of Territory of Alaska to issue in the development of plant and animal life, was trans- bonds or other obligations with such security and in ferred to section 316n of Title 43. such manner as the legislature may provide. Section 471o, act Mar. 4, 1927, ch. 513, § 16, 44 Stat. Section 483a, act July 21, 1941, ch. 311, § 4, as added 1455, which continued in force and effect laws applica- July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, rati- ble to lands or resources in the same manner as they fied all prior acts enacted by Legislature of Territory had applied prior to enactment of sections 471 to 471o of of Alaska. this title with regard to ingress and egress upon lands Section 483b, act July 21, 1941, ch. 311, § 5, as added for any authorized purpose including prospecting for July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, grant- and mining extraction of minerals, was transferred to ed additional powers to Legislature of Territory of section 316o of Title 43. Alaska. Section 484, acts Apr. 23, 1949, ch. 89, § 3, 63 Stat. 58; §§ 472, 472a. Repealed. Oct. 31, 1951, ch. 654, July 14, 1952, ch. 723, § 7, 66 Stat. 603, authorized Legis- § 1(126), 65 Stat. 706 lature of Territory of Alaska to establish Alaska Hous- ing Authority. Section 472, act Mar. 27, 1928, ch. 251, § 1, 45 Stat. 371, Section 484a, act Apr. 23, 1949, ch. 89, § 4, 63 Stat. 59, related to disposition of abandoned military reserva- authorized Housing and Home Finance Agency to pro- tions in Alaska, including signal corps stations and vide technical advice and information and to cooperate rights-of-way. with and assist the Alaska Housing Authority. Page 31 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f

Section 484b, act Apr. 23, 1949, ch. 89, § 5, 63 Stat. 69, Section 486c, acts Aug. 24, 1949, ch. 504, § 5, 63 Stat. provided for retention of permanent housing by the 628; Aug. 30, 1957, Pub. L. 85–233, § 1, 71 Stat. 515; Dec. 23, Housing and Home Finance Administrator. 1963, Pub. L. 88–229, 77 Stat. 471, empowered Secretary Section 484c, act Apr. 23, 1949, ch. 89, § 6, 63 Stat. 60, to enter into agreement with public work applicant. authorized transfer of real or personal property of Section 486d, act Aug. 24, 1949, ch. 504, § 6, 63 Stat. 628, other Government departments or agencies to Alaska set out authority and powers of applicants for public Housing Authority. work. Section 484d, act June 27, 1934, ch. 847, title II, § 214, Section 486e, act Aug. 24, 1949, ch. 504, § 7, 63 Stat. 629, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and provided for cooperation between other Federal agen- amended, related to insurance of mortgages on prop- cies and Secretary, and the transfer of jurisdiction erty in Alaska. See section 1715d of Title 12, Banks and from other Federal agencies to Secretary. Banking. Section 486f, act Aug. 24, 1949, ch. 504, § 8, 63 Stat. 629, authorized Secretary to provide public works through § 484e. Repealed. Aug. 2, 1954, ch. 649, title II, the award of contracts. § 205, 68 Stat. 622 Section 486g, act Aug. 24, 1949, ch. 504, § 9, 63 Stat. 629, directed that all moneys received by Secretary should Section, act Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58, re- be covered into Treasury as miscellaneous receipts. lated to real-estate loans and purchase of insured mort- Section 486h, act Aug. 24, 1949, ch. 504, § 10, 63 Stat. gages, with respect to properties in Alaska, by Federal 629, authorized Secretary to utilize and act through National Mortgage Association. other Federal agencies. Section 486i, act Aug. 24, 1949, ch. 504, § 11, 63 Stat. 624, §§ 485 to 486j. Omitted provided for appropriations to carry out purposes of sections 486 to 486j. CODIFICATION Section 486j, acts Aug. 24, 1949, ch. 504, § 12, 63 Stat. Sections 485 to 486, relating to Territory of Alaska, 629; July 15, 1954, ch. 510, 68 Stat. 483, directed that au- were omitted in view of admission of Alaska into the thority of Secretary under sections 486 to 486j of this Union. title shall terminate on June 30, 1959. Section 485, acts May 28, 1948, ch. 354, § 1, 62 Stat. 227; Aug. 23, 1958, Pub. L. 85–726, title XIV, § 1402(d)(1), 72 §§ 487 to 487b. Transferred Stat. 807, authorized Administrator of Civil Aero- CODIFICATION nautics to construct, protect, operate, improve, and maintain within Territory of Alaska a public airport at Section 487, act Aug. 9, 1955, ch. 682, § 1, 69 Stat. 618, or near Anchorage and a public airport at or near Fair- which authorized Secretary to make investigations of banks. projects for conservation, development, and utilization Section 485a, act May 28, 1948, ch. 354, § 2, 62 Stat. 278, of water resources of Alaska, was transferred to section authorized Administrator of Civil Aeronautics to ac- 1962d–12 of Title 42, The Public Health and Welfare. quire by purchase, lease, condemnation or otherwise Section 487a, act Aug. 9, 1955, ch. 682, § 2, 69 Stat. 618, such lands and appurtenances necessary for construc- which provided for solicitation of views and recom- tion, protection, maintenance, improvement, and oper- mendations by Governor of Alaska or his representa- ation of said airports. tive, to Secretary and for transmittal of Secretary’s re- Section 485b, act May 28, 1948, ch. 354, § 3, 62 Stat. 278, port to Congress, was transferred to section 1962d–13 of authorized Administrator to acquire rights-of-way or Title 42. Section 487b, act Aug. 9, 1955, ch. 682, § 3, 69 Stat. 618, easements for roads, trails, pipe lines, power lines and which authorized appropriation up to $250,000 in any other similar facilities necessary for operation of air- one year, was transferred to section 1962d–14 of Title 42. ports, and to construct any public highways and bridge to whatever airport locations may be selected. §§ 488 to 488f. Omitted Section 485c, acts May 28, 1948, ch. 354, § 4, 62 Stat. 278; Aug. 23, 1958, Pub. L. 85–726, title XIV, § 1402(d)(2), 72 CODIFICATION Stat. 807, set out powers and duties of Administrator. Sections 488 to 488f, relating to Territory of Alaska, Section 485d, acts May 28, 1948, ch. 354, § 5, 62 Stat. 278; were omitted in view of admission of Alaska into the Oct. 10, 1951, ch. 457, 65 Stat. 371; July 3, 1958, Pub. L. Union. 85–503, 72 Stat. 321; Aug. 23, 1958, Pub. L. 85–726, title Section 488, act May 10, 1956, ch. 248, § 1, 70 Stat. 149, XIV, § 1402(d)(3), 72 Stat. 807, empowered Administrator authorized Territory of Alaska to borrow for public im- of Federal Aviation Agency to lease space or property provements and to issue bonds of Territory for such within or upon airports. borrowing. Section 485e, act May 28, 1948, ch. 354, § 6, 62 Stat. 278, Section 488a, act May 10, 1956, ch. 248, § 2, 70 Stat. 149, authorized Administrator to contract with any person placed limitations on Territory in contracting debts. for performance of services at or upon airports. Section 488b, act May 10, 1956, ch. 248, § 3, 70 Stat. 150, Section 485f, acts May 28, 1948, ch. 354, § 7, 62 Stat. 278; made provisions for type of land to be issued, schedul- Oct. 31, 1951, ch. 654, § 2(25), 65 Stat. 707, authorized ing of maturity of bonds, payment of bonds, redemption transfer of lands, building, property or equipment by of bond, and refunding. other agencies of Federal Government to Adminis- Section 488c, act May 10, 1956, ch. 248, § 4, 70 Stat. 150, trator. authorized the Territory to borrow on the credit of the Section 485g, act May 28, 1948, ch. 354, § 8, 62 Stat. 278, Territory and to issue certificates of indebtedness. provided for penalties for violations of any rule, regula- Section 488d, act May 10, 1956, ch. 248, § 5, 70 Stat. 150, tion or order issued by Administrator. provided for issuance of bonds and certificates as nego- Section 485h, act May 28, 1948, ch. 354, § 9, 62 Stat. 279, tiable instruments. prescribed definitions used in sections 485 to 485h of Section 488e, act May 10, 1956, ch. 248, § 6, 70 Stat. 150, this title, should be definitions assigned by the Civil authorized payment of interest on principal of bonds Aeronautics Act of 1938, as amended. and certificates of indebtedness as they fall due. Section 486, act Aug. 24, 1949, ch. 504, § 2, 63 Stat. 627, Section 488f, act May 10, 1956, ch. 248, § 7, 70 Stat. 150, declared Congressional purpose of sections 486 to 486j of authorized guarantee of payment on municipality and this title was to foster settlement and increase perma- school and public utility district bonds. nent residents of Alaska. Section 486a, act Aug. 24, 1949, ch. 504, § 3, 63 Stat. 627, CHAPTER 3—HAWAII authorized Secretary of the Interior to accept applica- Sec. tions for public works. 491 to 636. Repealed or Omitted. Section 486b, act Aug. 24, 1949, ch. 504, § 4, 63 Stat. 627, authorized Secretary to include works from other Fed- DISTRICT COURT eral agencies in the public works program. 641 to 644. Repealed. §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 32

Sec. the United States; and (3) that all proceeds and income 644a. Jurisdiction of district court of cases arising from the ‘available lands’, as defined by said Act, shall on or within Midway, Wake, Johnston, be used only in carrying out the provisions of said Act. Sand, etc., Islands; laws applicable to jury ‘‘SEC. 5. [Title to property; land grants; reservation of trials. lands; public school support; submerged lands.] (a) Ex- 645 to 724. Repealed or Omitted. cept as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the ADMISSION AS STATE case may be, shall succeed to the title of the Territory Hawaii was admitted into the Union on August 21, of Hawaii and its subdivisions in those lands and other 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. properties in which the Territory and its subdivisions 6868, 73 Stat. c74, as required by sections 1 and 7(c) of now hold title. Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out below. ‘‘(b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of HAWAII STATEHOOD Hawaii, effective upon its admission into the Union, the United States’ title to all the public lands and Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, as amended, pro- other public property, and to all lands defined as vided: ‘‘available lands’’ by section 203 of the Hawaiian Homes ‘‘[Sec. 1. Declaration: acceptance, ratification, and Commission Act, 1920, as amended, within the bound- confirmation of Constitution.] That, subject to the pro- aries of the State of Hawaii, title to which is held by visions of this Act, and upon issuance of the proclama- the United States immediately prior to its admission tion required by section 7(c) of this Act, the State of into the Union. The grant hereby made shall be in lieu Hawaii is hereby declared to be a State of the United of any and all grants provided for new States by provi- States of America, is declared admitted into the Union sions of law other than this Act, and such grants shall on an equal footing with the other States in all re- not extend to the State of Hawaii. spects whatever, and the constitution formed pursuant ‘‘(c) Any lands and other properties that, on the date to the provisions of the Act of the Territorial Legisla- Hawaii is admitted into the Union, are set aside pursu- ture of Hawaii entitled ‘An Act to provide for a con- ant to law for the use of the United States under any stitutional convention, the adoption of a State con- (1) Act of Congress, (2) Executive order, (3) proclama- stitution, and the forwarding of the same to the Con- tion of the President, or (4) proclamation of the Gov- gress of the United States, and appropriating money ernor of Hawaii shall remain the property of the United therefor’, approved May 20, 1949 (Act 334, Session Laws States subject only to the limitations, if any, imposed of Hawaii, 1949), and adopted by a vote of the people of under (1), (2), (3), or (4), as the case may be. Hawaii in the election held on November 7, 1950, is ‘‘(d) Any public lands or other public property that is hereby found to be republican in form and in conform- conveyed to the State of Hawaii by subsection (b) of ity with the Constitution of the United States and the this section but that, immediately prior to the admis- principles of the Declaration of Independence, and is sion of said State into the Union, is controlled by the hereby accepted, ratified, and confirmed. United States pursuant to permit, license, of permis- ‘‘SEC. 2. [Territory.] The State of Hawaii shall consist sion, written or verbal, from the Territory of Hawaii or of all the islands, together with their appurtenant reefs any department thereof may, at any time during the and territorial waters, included in the Territory of Ha- five years following the admission of Hawaii into the waii on the date of enactment of this Act [March 18, Union, be set aside by Act of Congress or by Executive 1959], except the atoll known as Palmyra Island, to- order of the President, made pursuant to law, for the gether with its appurtenant reefs and territorial wa- use of the United States, and the lands or property so ters, but said State shall not be deemed to include the set aside shall, subject only to valid rights then exist- Midway Islands, Johnston Island, Sand Island (offshore ing, be the property of the United States. from Johnston Island), or , together with ‘‘(e) Within five years from the date Hawaii is admit- their appurtenant reefs and territorial waters. ted into the Union, each Federal agency having control ‘‘SEC. 3. [Constitution.] The constitution of the State over any land or property that is retained by the of Hawaii shall always be republican in form and shall United States pursuant to subsections (c) and (d) of not be repugnant to the Constitution of the United this section shall report to the President the facts re- States and the principles of the Declaration of Inde- garding its continued need for such land or property, pendence. and if the President determines that the land or prop- ‘‘SEC. 4. [Compact with United States.] As a compact erty is no longer needed by the United States it shall with the United States relating to the management and be conveyed to the State of Hawaii. disposition of the Hawaiian home lands, the Hawaiian ‘‘(f) The lands granted to the State of Hawaii by sub- Homes Commission Act, 1920, as amended, shall be section (b) of this section and public lands retained by adopted as a provision of the Constitution of said the United States under subsections (c) and (d) and State, as provided in section 7, subsection (b) of this later conveyed to the State under subsection (e), to- Act, subject to amendment or repeal only with the con- gether with the proceeds from the sale or other disposi- sent of the United States, and in no other manner: Pro- tion of any such lands and the income therefrom, shall vided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 be held by said State as a public trust for the support and other provisions relating to administration, and of the public schools and other public educational insti- paragraph (2) of section 204, sections 206 and 212, and tutions, for the betterment of the conditions of native other provisions relating to the powers and duties of of- Hawaiians, as defined in the Hawaiian Homes Commis- ficers other than those charged with the administra- sion Act, 1920, as amended, for the development of farm tion of said Act, may be amended in the constitution, and home ownership on as widespread a basis as pos- or in the manner required for State legislation, but the sible for the making of public improvements, and for Hawaiian homeloan fund, the Hawaiian home-operating the provision of lands for public use. Such lands, pro- fund, and the Hawaiian home-development fund shall ceeds, and income shall be managed and disposed of for not be reduced or impaired by any such amendment, one or more of the foregoing purposes in such manner whether made in the constitution or in the manner re- as the constitution and laws of said State may provide, quired for State legislation, and the encumbrances au- and their use for any other object shall constitute a thorized to be placed on Hawaiian home lands by offi- breach of trust for which suit may be brought by the cers other than those charged with the administration United States. The schools and other educational insti- of said Act, shall not be increased, except with the con- tutions supported, in whole or in part, out of such pub- sent of the United States; (2) that any amendment to lic trust shall forever remain under the exclusive con- increase the benefits to lessees of Hawaiian home lands trol of said State; and no part of the proceeds or in- may be made in the constitution, or in the manner re- come from the lands granted under this Act shall be quired for State legislation, but the qualifications of used for the support of any sectarian or denominational lessees shall not be changed except with the consent of school, college, or university. Page 33 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f

‘‘(g) As used in this Act, the term ‘lands and other State of Hawaii are consented to fully by said State properties’ includes public lands and other public prop- and its people.’ erty, and the term ‘public lands and other public prop- ‘‘In the event the foregoing propositions are adopted erty’ means, and is limited to, the lands and properties at said election by a majority of the legal votes cast on that were ceded to the United States by the Republic said State of Hawaii, ratified by the people at the elec- of Hawaii under the joint resolution of annexation ap- tion held submission, the proposed constitution of the proved July 7, 1898 (30 Stat. 750), or that have been ac- proposed on November 7, 1950, shall be deemed amended quired in exchange for lands or properties so ceded. as follows: Section 1 of article XIII of said proposed ‘‘(h) All laws of the United States reserving to the constitution shall be deemed amended so as to contain United States the free use or enjoyment of property the language of section 2 of this Act in lieu of any which vests in or is conveyed to the State of Hawaii or other language; article XI shall be deemed to include its political subdivisions pursuant to subsection (a), the provisions of section 4 of this Act; and section 8 of (b), or (e) of this section or reserving the right to alter, article XIV shall be deemed amended so as to contain amend, or repeal laws relating thereto shall cease to be the language of the third proposition above stated in effective upon the admission of the State of Hawaii lieu of any other language, and section 10 of article XVI into the Union. shall be deemed amended by inserting the words ‘at ‘‘(i) The Submerged Lands Act of 1953 (Public Law 31, which officers for all state elective offices provided for Eighty-third Congress, first session; 67 Stat. 29) and the by this constitution and two Senators and one Rep- Outer Continental Shelf Lands Act of 1953 (Public Law resentative in Congress shall be nominated and elected’ 212, Eighty-third Congress, first session, 67 Stat. 462) in lieu of the words ‘at which officers for all state elec- shall be applicable to the State of Hawaii, and the said tive offices provided for by this constitution shall be State shall have the same rights as do existing States nominated and elected; but the officers so to be elected thereunder. (As amended Pub. L. 86–624, § 41, July 12, shall in any event include two Senators and two Rep- 1960, 74 Stat. 422.) resentatives to the Congress, and unless and until ‘‘SEC. 6. [Certification by President; proclamation for otherwise required by law, said Representatives shall elections.] As soon as possible after the enactment of be elected at large.’ this Act, it shall be the duty of the President of the ‘‘In the event the foregoing propositions are not United States to certify such fact to the Governor of adopted at said election by a majority of the legal the Territory of Hawaii. Thereupon the Governor of the votes cast on said submission, the provisions of this Territory shall, within thirty days after receipt of the Act shall cease to be effective. official notification of such approval, issue his procla- ‘‘The Governor of Hawaii is hereby authorized and di- mation for the elections, as hereinafter provided, for rected to take such action as may be necessary or ap- officers of all State elective offices provided for by the propriate to insure the submission of said propositions constitution of the proposed State of Hawaii, and for to the people. The return of the votes cast on said prop- two Senators and one Representative in Congress. In ositions shall be made by the election officers directly the first election of Senators from said State the two to the Secretary of Hawaii, who shall certify the re- senatorial offices shall be separately identified and des- sults of the submission to the Governor. The Governor ignated, and no person may be a candidate for both of- shall certify the results of said submission, as so ascer- fices. No identification or designation of either of the tained, to the President of the United States. two senatorial offices, however, shall refer to or be ‘‘(c) If the President shall find that the propositions taken to refer to the term of that office, nor shall any set forth in the preceding subsection have been duly such identification or designation in any way impair adopted by the people of Hawaii, the President, upon the privilege of the Senate to determine the class to certification of the returns of the election of the offi- which each of the Senators elected shall be assigned. cers required to be elected as provided in section 6 of ‘‘SEC. 7. [Election of officers; date; propositions; cer- this Act, shall thereupon issue his proclamation an- tification of voting results; proclamation by Presi- nouncing the results of said election as so ascertained. dent.] (a) The proclamation of the Governor of Hawaii Upon the issuance of said proclamation by the Presi- required by section 6 shall provide for the holding of a dent, the State of Hawaii shall be deemed admitted primary election and a general election and at such into the Union as provided in section 1 of this Act. elections the officers required to be elected as provided ‘‘Until the said State is so admitted into the Union, in section 6 shall be chosen by the people. Such elec- the persons holding legislative, executive, and judicial tions shall be held, and the qualifications of voters office in, under, or by authority of the government of thereat shall be, as prescribed by the constitution of said Territory, and the Delegate in Congress thereof, the proposed State of Hawaii for the election of mem- shall continue to discharge the duties of their respec- bers of the proposed State legislature. The returns tive offices. Upon the issuance of said proclamation by thereof shall be made and certified in such manner as the President of the United States and the admission of the constitution of the proposed State of Hawaii may the State of Hawaii into the Union, the officers elected prescribe. The Governor of Hawaii shall certify the re- at said election, and qualified under the provisions of sults of said elections, as so ascertained, to the Presi- the constitution and laws of said State, shall proceed dent of the United States. to exercise all the functions pertaining to their offices ‘‘(b) At an election designated by proclamation of the in, under, or by authority of the government of said Governor of Hawaii, which may be either the primary State, and officers not required to be elected at said or the general election held pursuant to subsection (a) initial election shall be selected or continued in office of this section, or a Territorial general election, or a as provided by the constitution and laws of said State. special election, there shall be submitted to the elec- The Governor of said State shall certify the election of tors qualified to vote in said election, for adoption or the Senators and Representative in the manner re- rejection, the following propositions: quired by law, and the said Senators and Representa- ‘‘ ‘(1) Shall Hawaii immediately be admitted into the tive shall be entitled to be admitted to seats in Con- Union as a State? gress and to all the rights and privileges of Senators ‘‘ ‘(2) The boundaries of the State of Hawaii shall be and Representatives of other States in the Congress of as prescribed in the Act of Congress approved the United States. llllllllll, (Date of approval of this Act) and ‘‘SEC. 8. [House of Representatives membership.] The all claims of this State to any areas of land or sea out- State of Hawaii upon its admission into the Union shall side the boundaries so prescribed are hereby irrev- be entitled to one Representative until the taking ef- ocably relinquished to the United States. fect of the next reapportionment, and such Representa- ‘‘ ‘(3) All provisions of the Act of Congress approved tive shall be in addition to the membership of the llllllllll (Date of approval of this Act) re- House of Representatives as now prescribed by law: Pro- serving rights or powers to the United States, as well vided, That such temporary increase in the membership as those prescribing the terms or conditions of the shall not operate to either increase or decrease the per- grants of lands or other property therein made to the manent membership of the House of Representatives as §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 34 prescribed in the Act of August 8, 1911 (37 Stat. 13), nor admission of said State, but as to which no writ, ac- shall such temporary increase affect the basis of appor- tion, indictment or proceeding shall be pending at the tionment established by the Act of November 15, 1941 date of such admission, shall be subject to prosecution (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Con- in the appropriate State courts or in the United States gress and each Congress thereafter. District Court for the District of Hawaii in like man- ‘‘SEC. 9. [Judiciary provisions; amendment.] Effective ner, to the same extent, and with like right of appellate upon the admission of the State of Hawaii into the review, as if said State had been created and said State Union— courts had been established prior to the accrual of such ‘‘(a) the United States District Court for the Dis- causes of action or the commission of such offenses. trict of Hawaii established by and existing under title The admission of said State shall effect no change in 28 of the United States Code shall thenceforth be a the substantive or criminal law governing such causes court of the United States with judicial power de- of action and criminal offenses which shall have arisen rived from article III, section 1, of the Constitution of or been committed; and such of said criminal offenses the United States: Provided, however, That the terms as shall have been committed against the laws of the of office of the district judges for the district of Ha- Territory shall be tried and punished by the appro- waii then in office shall terminate upon the effective priate courts of said State, and such as shall have been date of this section and the President, pursuant to committed against the laws of the United States shall sections 133 and 134 of title 28, United States Code, as be tried and punished in the United States District amended by this Act, shall appoint, by and with the Court for the District of Hawaii. advice and consent of the Senate, two district judges ‘‘SEC. 13. [Appeals.] Parties shall have the same for the said district who shall hold office during good rights of appeal from and appellate review of final deci- behavior; sions of the United States District Court for the Dis- ‘‘(b) the last paragraph of section 133 of title 28, trict of Hawaii or the Supreme Court of the Territory United States Code, is repealed; and of Hawaii in any case finally decided prior to admission ‘‘(c) subsection (a) of section 134 of title 28, United of said State into the Union, whether or not an appeal States Code, is amended by striking out the words therefrom shall have been perfected prior to such ad- ‘Hawaii and’. The second sentence of the same section mission, and the United States Court of Appeals for the is amended by striking out the words ‘Hawaii and’, Ninth Circuit and the Supreme Court of the United ‘six and’, and ‘respectively’. States shall have the same jurisdiction therein, as by ‘‘SEC. 10. [Judicial provisions; amendment.] Effective law provided prior to admission of said State into the upon the admission of the State of Hawaii into the Union, and any mandate issued subsequent to the ad- Union the second paragraph of section 451 of title 28, mission of said State shall be to the United States Dis- United States Code, is amended by striking out the trict Court for the District of Hawaii or a court of the words ‘including the district courts of the United State, as may be appropriate. Parties shall have the States for the districts of Hawaii and Puerto Rico,’ and same rights of appeal from and appellate review of all inserting in lieu thereof the words ‘including the orders, judgments, and decrees of the United States United States District for the District of Puerto Rico,’. District Court for the District of Hawaii and of the Su- ‘‘SEC. 11. [Judicial provisions; amendment.] Effective preme Court of the State of Hawaii as successor to the upon the admission of the State of Hawaii into the Supreme Court of the Territory of Hawaii, in any case Union— pending at the time of admission of said State into the ‘‘(a) the last paragraph of section 501 of title 28. Union, and the United States Court of Appeals for the United States Code, is repealed; Ninth Circuit and the Supreme Court of the United ‘‘(b) the first sentence of subsection (a) of section States shall have the same jurisdiction therein, as by 504 of title 28, United States Code, is amended by law provided in any case arising subsequent to the ad- striking out at the end thereof the words ‘, except in mission of said State into the Union. the district of Hawaii, where the term shall be six ‘‘SEC. 14. [Judicial and criminal provisions; amend- years’; ment.] Effective upon the admission of the State of Ha- ‘‘(c) the first sentence of subsection (c) of section waii into the Union— 541 of title 28, United States Code, is amended by ‘‘(a) title 28, United States Code, section 1252, is striking out at the end thereof the words ‘, except in amended by striking out ‘Hawaii and’ from the clause the district of Hawaii where the term shall be six relating to courts of record; years’; and ‘‘(b) title 28, United States Code, section 1293, is ‘‘(d) subsection (d) of section 541 of title 28, United amended by striking out the words ‘First and Ninth States Code, is repealed. Circuits’ and by inserting in lieu thereof ‘First Cir- ‘‘SEC. 12. [Continuation of suits.] No writ, action, in- cuit’, and by striking out the words, ‘supreme courts dictment, cause, or proceeding pending in any court of of Puerto Rico and Hawaii, respectively’ and insert- the Territory of Hawaii or in the United States District ing in lieu thereof ‘supreme court of Puerto Rico’; Court for the District of Hawaii shall abate by reason ‘‘(c) title 28, United States Code, section 1294, as of the admission of said State into the Union, but the amended, is further amended by striking out para- same shall be transferred to and proceeded with in such graph (4) thereof and by renumbering paragraphs (5) appropriate State courts as shall be established under and (6) accordingly; the constitution of said State, or shall continue in the ‘‘(d) the first paragraph of section 373 of title 28, United States District Court for the District of Hawaii, United States Code, as amended, is further amended as the nature of the case may require. And no writ, ac- by striking out the words ‘United States District tion, indictment, cause or proceeding shall abate by Courts for the districts of Hawaii or Puerto Rico,’ and reason of any change in the courts, but shall be pro- inserting in lieu thereof the words ‘United States Dis- ceeded with in the State or United States courts ac- trict Court for the District of Puerto Rico,’; and by cording to the laws thereof, respectively. And the ap- striking out the words ‘and any justice of the Su- propriate State courts shall be the successors of the preme Court of the Territory of Hawaii’: Provided, courts of the Territory as to all cases arising within That the amendments made by this subsection shall the limits embraced within the jurisdiction of such not affect the rights of any judge or justice who may courts, respectively, with full power to proceed with have retired before the effective date of this sub- the same, and award mesne or final process therein, section: And provided further, That service as a judge and all the files, records, indictments, and proceedings of the District Court for the Territory of Hawaii or as relating to any such writ, action, indictment, cause or a judge of the United States District Court for the proceeding shall be transferred to such appropriate District of Hawaii or as a justice of the Supreme State courts and the same shall be proceeded with Court of the Territory of Hawaii or as a judge of the therein in due course of law. circuit courts of the Territory of Hawaii shall be in- ‘‘All civil causes of action and all criminal offenses cluded in computing under section 371, 372, or 373 of which shall have arisen or been committed prior to the title 28, United States Code, the aggregate years of Page 35 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f

judicial service of any person who is in office as a dis- forth, for the exercise by the Congress of the United trict judge for the District of Hawaii on the date of States of the power of exclusive legislation, as provided enactment of this Act; by article I, section 8, clause 17, of the Constitution of ‘‘(e) section 92 of the act of April 30, 1900 (ch. 339, 31 the United States, in all cases whatsoever over such Stat. 159), as amended, and the Act of May 29, 1928 tracts or parcels of land as, immediately prior to the (ch. 904, 45 Stat. 997), as amended, are repealed; admission of said State, are controlled or owned by the ‘‘(f) section 86 of the Act approved April 30, 1900 (ch. United States and held for Defense or Coast Guard pur- 339, 31 Stat. 158), as amended, is repealed; poses, whether such lands were acquired by cession and ‘‘(g) section 3771 of title 18, United States Code, as transfer to the United States by the Republic of Hawaii heretofore amended, is further amended by striking and set aside by Act of Congress or by Executive order out from the first paragraph of such section the or proclamation of the President or the Governor of words ‘Supreme Courts of Hawaii and Puerto Rico’ Hawaii for the use of the United States, or were ac- and inserting in lieu thereof the words ‘Supreme quired by the United States by purchase, condemna- Court of Puerto Rico’; tion, donation, exchange, or otherwise: Provided, (i) ‘‘(h) section 3772 of title 18, United States Code, as That the State of Hawaii shall always have the right to heretofore amended, is further amended by striking serve civil or criminal process within the said tracts or out from the first paragraph of such section the parcels of land in suits or prosecutions for or on ac- words ‘Supreme Courts of Hawaii and Puerto Rico’ count of rights acquired, obligations incurred, or and inserting in lieu thereof the words ‘Supreme crimes committed within the said State but outside of Court of Puerto Rico’; the said tracts or parcels of land; (ii) that the reserva- ‘‘(i) section 91 of title 28, United States Code, as tion of authority in the United States for the exercise heretofore amended, is further amended by inserting by the Congress of the United States of the power of ex- after ‘Kure Island’ and before ‘’ the clusive legislation over the lands aforesaid shall not words ‘Palmyra Island,’; and operate to prevent such lands from being a part of the ‘‘(j) the Act of June 15, 1950, (64 Stat. 217; 48 U.S.C., State of Hawaii, or to prevent the said State from exer- sec. 644a), is amended by inserting after ‘Kure Island’ cising over or upon such lands, concurrently with the and before ‘Baker Island’ the words ‘Palmyra Island.’. United States, any jurisdiction whatsoever which it ‘‘SEC. 15. [Laws in effect.] All Territorial laws in force would have in the absence of such reservation of au- in the Territory of Hawaii at the time of its admission thority and which is consistent with the laws hereafter into the Union shall continue in force in the State of enacted by the Congress pursuant to such reservation Hawaii, except as modified or changed by this Act or by of authority; and (iii) that such power of exclusive leg- the constitution of the State, and shall be subject to islation shall vest and remain in the United States only repeal or amendment by the Legislature of the State of so long as the particular tract or parcel of land in- Hawaii, except as provided in section 4 of this Act with volved is controlled or owned by the United States and respect to the Hawaiian Homes Commission Act, 1920, used for Defense or Coast Guard purposes: Provided, as amended; and the laws of the United States shall however, That the United States shall continue to have have the same force and effect within the said State as sole and exclusive jurisdiction over such military in- elsewhere within the United States: Provided, That, ex- stallations as have been heretofore or hereafter deter- cept as herein otherwise provided, a Territorial law en- mined to be critical areas as delineated by the Presi- acted by the Congress shall be terminated two years dent of the United States and/or the Secretary of De- after the date of admission of the State of Hawaii into fense. the Union or upon the effective date of any law enacted ‘‘SEC. 17. [Federal Reserve Act; amendment.] The by the State of Hawaii which amends or repeals it, next to last sentence of the first paragraph of section whichever may occur first. As used in this section, the 2 of the Federal Reserve Act (38 Stat. 251) as amended term ‘Territorial laws’ includes (in addition to laws en- by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) acted by the Territorial Legislature of Hawaii) all laws is amended by inserting after the word ‘Alaska’ the or parts thereof enacted by the Congress the validity of words ‘or Hawaii.’ which is dependent solely upon the authority of the ‘‘SEC. 18. [Maritime matters.] (a) Nothing contained Congress to provide for the government of Hawaii prior in this Act shall be construed as depriving the Federal to its admission into the Union, and the term ‘laws of Maritime Board of the exclusive jurisdiction heretofore the United States’ includes all laws or parts thereof en- conferred on it over common carriers engaged in trans- acted by the Congress that (1) apply to or within Ha- portation by water between any port in the State of waii at the time of its admission into the Union, (2) are Hawaii and other ports in the United States, or posses- not ‘Territorial laws’ as defined in this paragraph, and sions, or as conferring on the Interstate Commerce (3) are not in conflict with any other provision of this Commission jurisdiction over transportation by water Act. between any such ports. ‘‘(b) Effective on the admission of the State of Hawaii ‘‘SEC. 16. [Hawaii National Park; military and naval lands; civil and criminal jurisdiction.] (a) Notwith- into the Union— ‘‘(1) the first sentence of section 506 of the Mer- standing the admission of the State of Hawaii into the chant Marine Act, 1936 as amended (46 U.S.C. [App.], Union, the United States shall continue to have sole sec. 1156) [now 46 U.S.C. 53101 note], is amended by in- and exclusive jurisdiction over the area which may serting before the words ‘an island possession or is- then or thereafter be included in Hawaii National Park, land territory’, the words ‘the State of Hawaii, or’; saving, however, to the State of Hawaii the same rights ‘‘(2) section 605(a) of the Merchant Marine Act, 1936, as are reserved to the Territory of Hawaii by section 1 as amended (46 U.S.C. [App.], sec. 1175[(a)]) [now 46 of the Act of April 19, 1930 (46 Stat. 227), and saving, fur- U.S.C. 53101 note], is amended by inserting before the ther, to persons then or thereafter residing within such words ‘an island possession or island territory’, the area the right to vote at all elections held within the words ‘the State of Hawaii, or’; and political subdivisions where they respectively reside. ‘‘(3) the second paragraph of section 714 of the Mer- Upon the admission of said State all references to the chant Marine Act, 1936, as amended (46 U.S.C. [App.], Territory of Hawaii in said Act or in other laws relat- sec. 1204) [now 46 U.S.C. 57531], is amended by insert- ing to Hawaii National Park shall be deemed to refer to ing before the words ‘an island possession or island the State of Hawaii. Nothing contained in this Act territory’ the words ‘the State of Hawaii, or’. (As shall be construed to affect the ownership and control amended Pub. L. 86–624, § 46, July 12, 1960, 74 Stat. by the United States of any lands or other property 423.) within Hawaii National Park which may now belong to, ‘‘SEC. 19. [United States Nationality.] Nothing con- or which may hereafter be acquired by, the United tained in this Act shall operate to confer United States States. nationality, nor to terminate nationality heretofore ‘‘(b) Notwithstanding the admission of the State of lawfully acquired, or restore nationality heretofore Hawaii into the Union, authority is reserved in the lost under any law of the United States or under any United States, subject to the proviso hereinafter set treaty to which the United States is or was a party. §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 36

‘‘SEC. 20. [Immigration and Nationality Act; amend- ‘‘(1) The Secretary shall determine the value of the ments.] (a) Section 101(a)(36) of the Immigration and following: Nationality Act (66 Stat. 170, 8 U.S.C., sec. 1101(a)(36)) ‘‘(A) Lands under the control of the Federal Gov- is amended by deleting the word ‘Hawaii,’. ernment that— ‘‘(b) Section 212(d)(7) of the Immigration and Nation- ‘‘(i) were initially designated as available lands ality Act (66 Stat. 188, 8 U.S.C. 1182(d)(7) is amended by under section 203 of the Hawaiian Homes Commis- deleting from the first sentence thereof the word ‘Ha- sion Act [former 48 U.S.C. 697] (as in effect on the waii,’ and by deleting the proviso to said first sentence. date of enactment of such Act [July 9, 1921]); and ‘‘(c) The first sentence of section 310(a) of the Immi- ‘‘(ii) were nevertheless transferred to or other- gration and Nationality Act, as amended (66 Stat. 239, wise acquired by the Federal Government. 8 U.S.C. 1421(a), 72 Stat. 351) is further amended by de- ‘‘(B) The lost use of lands described in subpara- leting the words ‘for the Territory of Hawaii, and’. graph (A). ‘‘(d) Nothing contained in this Act shall be held to re- ‘‘(2)(A) Except as provided in subparagraph (B), the peal, amend, or modify the provisions of section 305 of determinations of value made under this subsection the Immigration and Nationality Act (66 Stat. 237, 8 shall be made not later than 1 year after the date of U.S.C. 1405). enactment of this Act [Nov. 2, 1995]. In carrying out ‘‘SEC. 21. [Aircraft purchase loans.] Effective upon the this subsection, the Secretary shall use a method of admission of the State of Hawaii into the Union, sec- determining value that— tion 3, subsection (b), of the Act of September 7, 1957 (71 ‘‘(i) is acceptable to the Chairman; and Stat. 629), is amended by substituting the words ‘State ‘‘(ii) is in the best interest of the beneficiaries. of Hawaii’ for the words ‘Territory of Hawaii’. ‘‘(B) The Secretary and the Chairman may mutu- ‘‘SEC. 22. [Severability clause.] If any provision of ally agree to extend the deadline for making deter- this Act, or any section, subsection, sentence, clause, minations under this subparagraph beyond the date phrase, or individual word, or the application thereof in specified in subparagraph (A). any circumstance is held invalid, the validity of the re- ‘‘(3) The Secretary and the Chairman may mutually mainder of the Act and of the application of any such agree, with respect to the determinations of value de- provision, section, subsection, sentence, clause, phrase, scribed in subparagraphs (A) and (B) of paragraph (1), or individual word in other circumstances shall not be to provide— affected thereby. ‘‘(A) for making any portion of the determina- ‘‘SEC. 23. [Repeal of inconsistent laws.] All Acts or tions of value pursuant to subparagraphs (A) and parts of Acts in conflict with the provisions of this Act, (B) of paragraph (1); and whether passed by the legislature of said Territory or ‘‘(B) for making the remainder of the determina- by Congress, are hereby repealed.’’ tions with respect to which the Secretary and the Chairman do not exercise the option described in HAWAIIAN HOME LANDS RECOVERY subparagraph (A), pursuant to an appraisal con- Pub. L. 104–42, title II, Nov. 2, 1995, 109 Stat. 357, pro- ducted under paragraph (4). vided that: ‘‘(4)(A) Except as provided in subparagraph (C), if ‘‘SEC. 201. SHORT TITLE the Secretary and the Chairman do not agree on the determinations of value made by the Secretary under ‘‘This title may be cited as the ‘Hawaiian Home subparagraphs (A) and (B) of paragraph (1), or, pursu- Lands Recovery Act’. ant to paragraph (3), mutually agree to determine the ‘‘SEC. 202. DEFINITIONS. value of certain lands pursuant to this subparagraph, ‘‘As used in this title: such values shall be determined by an appraisal. An ‘‘(1) AGENCY.—The term ‘agency’ includes— appraisal conducted under this subparagraph shall be ‘‘(A) any instrumentality of the United States; conducted in accordance with appraisal standards ‘‘(B) any element of an agency; and that are mutually agreeable to the Secretary and the ‘‘(C) any wholly owned or mixed-owned corpora- Chairman. tion of the United States Government. ‘‘(B) If an appraisal is conducted pursuant to this ‘‘(2) BENEFICIARY.—The term ‘beneficiary’ has the subparagraph, during the appraisal process— same meaning as is given the term ‘native Hawaiian’ ‘‘(i) the Chairman shall have the opportunity to under section 201(7) of the Hawaiian Homes Commis- present evidence of value to the Secretary; sion Act [former 48 U.S.C. 692(7)]. ‘‘(ii) the Secretary shall provide the Chairman a ‘‘(3) CHAIRMAN.—The term ‘Chairman’ means the preliminary copy of the appraisal; Chairman of the Hawaiian Homes Commission of the ‘‘(iii) the Chairman shall have a reasonable and State of Hawaii. sufficient opportunity to comment on the prelimi- ‘‘(4) COMMISSION.—The term ‘Commission’ means nary copy of the appraisal; and the Hawaiian Homes Commission established by sec- ‘‘(iv) the Secretary shall give consideration to the tion 202 of the Hawaiian Homes Commission Act comments and evidence of value submitted by the [former 48 U.S.C. 693]. Chairman under this subparagraph. ‘‘(5) HAWAIIAN HOMES COMMISSION ACT.—The term ‘‘(C) The Chairman shall have the right to dispute ‘Hawaiian Homes Commission Act’ means the Hawai- the determinations of values made by an appraisal ian Homes Commission Act, 1920 (42 Stat. 108 et. seq., conducted under this subparagraph. If the Chairman chapter 42) [Act July 9, 1921, ch. 42, former 48 U.S.C. disputes the appraisal, the Secretary and the Chair- 691 et seq.]. man may mutually agree to employ a process of bar- ‘‘(6) HAWAII STATE ADMISSION ACT.—The term ‘Ha- gaining, mediation, or other means of dispute resolu- waii State Admission Act’ means the Act entitled ‘An tion to make the determinations of values described Act to provide for the admission of the State of Ha- in subparagraphs (A) and (B) of paragraph (1). waii into the Union’, approved March 18, 1959 [Pub. L. ‘‘(b) AUTHORIZATION.— 86–3] (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491). ‘‘(1) EXCHANGE.—Subject to paragraphs (2) and (5), ‘‘(7) LOST USE.—The term ‘lost use’ means the value the Secretary may convey Federal lands described in of the use of the land during the period when bene- paragraph (5) to the Department of Hawaiian Home ficiaries or the Hawaiian Homes Commission have Lands in exchange for the continued retention by the been unable to use lands as authorized by the Hawai- Federal Government of lands described in subsection ian Homes Commission Act because of the use of such (a)(1)(A). lands by the Federal Government after August 21, ‘‘(2) VALUE OF LANDS.—(A) The value of any lands 1959. conveyed to the Department of Hawaiian Home Lands ‘‘(8) SECRETARY.—The term ‘Secretary’ means the by the Federal Government in accordance with an ex- Secretary of the Interior. change made under paragraph (1) may not be less ‘‘SEC. 203. SETTLEMENT OF FEDERAL CLAIMS. than the value of the lands retained by the Federal ‘‘(a) DETERMINATION.— Government pursuant to such exchange. Page 37 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f

‘‘(B) For the purposes of this subsection, the value ficiaries with respect to any claim arising from the of any lands exchanged pursuant to paragraph (1) ownership of any land or structure that is conveyed to shall be determined as of the date the exchange is the Department pursuant to an exchange made under carried out, or any other date determined by the Sec- this section prior to the conveyance to the Department retary, with the concurrence of the Chairman. of such land or structure. ‘‘(3) LOST USE.—Subject to paragraphs (4) and (5), ‘‘(f) SCREENING.— the Secretary may convey Federal lands described in ‘‘(1) IN GENERAL.—Notwithstanding any other provi- paragraph (5) to the Department of Hawaiian Home sion of law, the Secretary of Defense and the Admin- Lands as compensation for the lost use of lands deter- istrator of General Services shall, at the same time mined under subsection (a)(1)(B). as notice is provided to Federal agencies that excess ‘‘(4) VALUE OF LOST USE.—(A) the value of any lands real property is being screened pursuant to applicable conveyed to the Department of Hawaiian Home Lands Federal laws (including regulations) for possible by the Federal Government as compensation under transfer to such agencies, notify the Chairman of any paragraph (3) may not be less than the value of the such screening of real property that is located within lost use of lands determined under subsection the State of Hawaii. (a)(1)(B). ‘‘(2) RESPONSE TO NOTIFICATION.—Notwithstanding ‘‘(B) For the purposes of this subparagraph, the any other provision of law, not later than 90 days value of any lands conveyed pursuant to paragraph after receiving a notice under paragraph (1), the (3) shall be determined as of the date that the convey- Chairman may select for appraisal real property, or ance occurs, or any other date determined by the Sec- at the election of the Chairman, portions of real prop- retary, with the concurrence of the Chairman. erty, that is the subject of a screening. ‘‘(5) FEDERAL LANDS FOR EXCHANGE.—(A) Subject to ‘‘(3) SELECTION.—Notwithstanding any other provi- subparagraphs (B) and (C), Federal lands located in sion of law, with respect to any real property located Hawaii that are under the control of an agency (other in the State of Hawaii that, as of the date of enact- than lands within the National Park System or the ment of this Act [Nov. 2, 1995], is being screened pur- National Wildlife Refuge System) may be conveyed to suant to applicable Federal laws for possible transfer the Department of Hawaiian Home Lands under para- (as described in paragraph (1)) or has been screened graphs (1) and (3). To assist the Secretary in carrying for such purpose, but has not been transferred or de- out this Act [title], the head of an agency may trans- clared to be surplus real property, the Chairman may fer to the Department of the Interior, without reim- select all, or any portion of, such real property to be bursement, jurisdiction and control over any lands appraised pursuant to paragraph (4). and any structures that the Secretary determines to ‘‘(4) APPRAISAL.—Notwithstanding any other provi- be suitable for conveyance to the Department of Ha- sion of law, the Secretary of Defense or the Adminis- waiian Home Lands pursuant to an exchange con- trator of General Services shall appriase [sic] the real ducted under this section. property or portions of real property selected by the ‘‘(B) No Federal lands that the Federal Government Chairman using the Uniform Standards for Federal is required to convey to the State of Hawaii under Land Acquisition developed by the Interagency Land section 5 of the Hawaii State Admission Act [section Acquisition Conference, or such other standard as the 5 of Pub. L. 86–3, set out above] may be conveyed Chairman agrees to. under paragraph (1) or (3). ‘‘(5) REQUEST FOR CONVEYANCE.—Notwithstanding ‘‘(C) No Federal lands that generate income (or any other provision of law, not later than 30 days would be expected to generate income) for the Fed- after the date of completion of such appraisal, the eral Government may be conveyed pursuant to an ex- Chairman may request the conveyance to the Depart- change made under this paragraph to the Department ment of Hawaiian Home Lands of— of Hawaiian Home Lands. ‘‘(A) the appraised property; or ‘‘(c) AVAILABLE LANDS.— ‘‘(B) a portion of the appraised property, to the ‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), Department of Hawaiian Home Lands. the Secretary shall require that lands conveyed to ‘‘(6) CONVEYANCE.—Notwithstanding any other pro- the Department of Hawaiian Home Lands under this vision of law, upon receipt of a request from the Act [title] shall have the status of available lands Chairman, the Secretary of Defense or the Adminis- under the Hawaiian Homes Commission Act. trator of the General Services Administration shall ‘‘(2) SUBSEQUENT EXCHANGE OF LANDS.—Notwith- convey, without reimbursement, the real property standing any other provision of law, lands conveyed that is the subject of the request to the Department to the Department of Hawaiian Home Lands under of Hawaiian Home Lands as compensation for lands this paragraph may subsequently be exchanged pur- identified under subsection (a)(1)(A) or lost use iden- suant to section 204(3) of the Hawaiian Home Com- tified under subsection (a)(1)(B). mission Act [former 48 U.S.C. 698(3)]. ‘‘(7) REAL PROPERTY NOT SUBJECT TO RECOUPMENT.— ‘‘(3) SALE OF CERTAIN LANDS.—Notwithstanding any Notwithstanding any other provision of law, any real other provision of law, the Chairman may, at the property conveyed pursuant to paragraph (6) shall time that lands are conveyed to the Department of not be subject to recoupment based upon the sale or Hawaiian Home Lands as compensation for lost use lease of the land by the Chairman. under this Act [title], designate lands to be sold. The ‘‘(8) VALUATION.—Notwithstanding any other provi- Chairman is authorized to sell such land under terms sion of law, the Secretary shall reduce the value iden- and conditions that are in the best interest of the tified under subparagraph (A) or (B) of subsection beneficiaries. The proceeds of such a sale may only be (a)(1), as determined pursuant to such subsection, by used for the purposes described in section 207(a) of the an amount equal to the appraised value of any excess Hawaiian Homes Commission Act [former 48 U.S.C. lands conveyed pursuant to paragraph (6). 701(a)]. ‘‘(9) LIMITATION.—No Federal lands that generate ‘‘(d) CONSULTATION.—In carrying out their respective income (or would be expected to generate income) for responsibilities under this section, the Secretary and the Federal Government may be conveyed pursuant the Chairman shall— to this subsection to the Department of Hawaiian ‘‘(1) consult with the beneficiaries and organiza- Home Lands. tions representing the beneficiaries; and ‘‘(2) report to such organizations on a regular basis ‘‘SEC. 204. PROCEDURE FOR APPROVAL OF AMEND- concerning the progress made to meet the require- MENTS TO HAWAIIAN HOMES COMMISSION ments of this section. ACT. ‘‘(e) HOLD HARMLESS.—Notwithstanding any other ‘‘(a) NOTICE TO THE SECRETARY.—Not later than 120 provision of law, the United States shall defend and days after a proposed amendment to the Hawaiian hold harmless the Department of Hawaiian Home Homes Commission Act is approved in the manner pro- Lands, the employees of the Department, and the bene- vided in section 4 of the Hawaii State Admission Act §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 38

[section 4 of Pub. L. 86–3, set out above], the Chairman Energy and Natural Resources of the Senate, and the shall submit to the Secretary— Committee on Resources [now Committee on Natural ‘‘(1) a copy of the proposed amendment; Resources] of the House of Representatives of the ap- ‘‘(2) the nature of the change proposed to be made proval of the Chairman of the proposed exchange. by the amendment; and ‘‘(3) EXCHANGE.—Upon providing notification pursu- ‘‘(3) an opinion regarding whether the proposed ant to paragraph (2) of a proposed exchange that has amendment requires the approval of Congress under been approved by the Chairman pursuant to this sec- section 4 of the Hawaii State Admission Act. tion, the Secretary may carry out the exchange. ‘‘(b) DETERMINATION BY SECRETARY.—Not later than ‘‘(d) SELECTION AND EXCHANGE.— 60 days after receiving the materials required to be sub- ‘‘(1) IN GENERAL.—Notwithstanding any other provi- mitted by the Chairman pursuant to subsection (a), the sion of law, the Secretary may— Secretary shall determine whether the proposed ‘‘(A) select real property that is the subject of amendment requires the approval of Congress under screening activities conducted by the Secretary of section 4 of the Hawaii State Admission Act, and shall Defense or the Administrator of General Services notify the Chairman and Congress of the determination pursuant to applicable Federal laws (including reg- of the Secretary. ulations) for possible transfer to Federal agencies; ‘‘(c) CONGRESSIONAL APPROVAL REQUIRED.—If, pursu- and ant to subsection (b), the Secretary determines that ‘‘(B) make recommendations to the Chairman the proposed amendment requires the approval of Con- concerning making an exchange under subsection gress, the Secretary shall submit to the Committee on (c) that includes such real property. Energy and Natural Resources of the Senate and the ‘‘(2) TRANSFER.—Notwithstanding any other provi- Committee on Resources [now Committee on Natural sion of law, if the Chairman approves an exchange Resources] of the House of Representatives— proposed by the Secretary under paragraph (1)— ‘‘(1) a draft joint resolution approving the amend- ‘‘(A) the Secretary of Defense or the Adminis- ment; trator of General Services shall transfer the real ‘‘(2) a description of the change made by the pro- property described in paragraph (1)(A) that is the posed amendment and an explanation of how the subject of the exchange to the Secretary without amendment advances the interests of the bene- reimbursement; and ficiaries; ‘‘(B) the Secretary shall carry out the exchange. ‘‘(3) a comparison of the existing law (as of the date ‘‘(3) LIMITATION.—No Federal lands that generate of submission of the proposed amendment) that is the income (or would be expected to generate income) for subject of the amendment with the proposed amend- the Federal Government may be conveyed pursuant ment; to this subsection to the Department of Hawaiian ‘‘(4) a recommendation concerning the advisability Home Lands. ‘‘(e) SURVEYS AND APPRAISALS.— of approving the proposed amendment; and ‘‘(1) REQUIREMENT.—The Secretary shall conduct a ‘‘(5) any documentation concerning the amend- survey of all Hawaiian Home Lands based on the re- ments received from the Chairman. port entitled ‘Survey Needs for the Hawaiian Home ‘‘SEC. 205. LAND EXCHANGES. Lands’, issued by the Bureau of Land Management of ‘‘(a) NOTICE TO THE SECRETARY.—If the Chairman rec- the Department of the Interior, and dated July 1991. ommends for approval an exchange of Hawaiian Home ‘‘(2) OTHER SURVEYS.—The Secretary is authorized Lands, the Chairman shall submit a report to the Sec- to conduct such other surveys and appraisals as may retary on the proposed exchange. The report shall con- be necessary to make an informed decision regarding tain— approval or disapproval of a proposed exchange. ‘‘(1) a description of the acreage and fair market ‘‘SEC. 206. ADMINISTRATION OF ACTS BY UNITED value of the lands involved in the exchange; STATES. ‘‘(2) surveys and appraisals prepared by the Depart- ‘‘(a) DESIGNATION.— ment of Hawaiian Home Lands, if any; and ‘‘(1) IN GENERAL.—Not later than 120 days after the ‘‘(3) an identification of the benefits to the parties date of enactment of this Act [Nov. 2, 1995], the Sec- of the proposed exchange. retary shall designate an individual from within the ‘‘(b) APPROVAL OR DISAPPROVAL.— Department of the Interior to administer the respon- ‘‘(1) IN GENERAL.—Not later than 120 days after re- sibilities of the United States under this title and the ceiving the information required to be submitted by Hawaiian Homes Commission Act. the Chairman pursuant to subsection (a), the Sec- ‘‘(2) DEFAULT.—If the Secretary fails to make an retary shall approve or disapprove the proposed ex- appointment by the date specified in paragraph (1), or change. if the position is vacant at any time thereafter, the ‘‘(2) NOTIFICATION.—The Secretary shall notify the Assistant Secretary for Policy, Budget, and Adminis- Chairman, the Committee on Energy and Natural Re- tration of the Department of the Interior shall exer- sources of the Senate, and the Committee on Re- cise the responsibilities for the Department in ac- sources [now Committee on Natural Resources] of the cordance with subsection (b). House of Representatives of the reasons for the ap- ‘‘(b) RESPONSIBILITIES.—The individual designated proval or disapproval of the proposed exchange. pursuant to subsection (a) shall, in administering the ‘‘(c) EXCHANGES INITIATED BY SECRETARY.— laws referred to in such subsection— ‘‘(1) IN GENERAL.—The Secretary may recommend ‘‘(1) advance the interests of the beneficiaries; and to the Chairman an exchange of Hawaiian Home ‘‘(2) assist the beneficiaries and the Department of Lands for Federal lands described in section 203(b)(5), Hawaiian Home Lands in obtaining assistance from other than lands described in subparagraphs (B) and programs of the Department of the Interior and other (C) of such section. If the Secretary initiates a rec- Federal agencies that will promote homesteading op- ommendation for such an exchange, the Secretary portunities, economic self-sufficiency, and social shall submit a report to the Chairman on the pro- well-being of the beneficiaries. posed exchange that meets the requirements of a re- port described in subsection (a). ‘‘SEC. 207. ADJUSTMENT. ‘‘(2) APPROVAL BY CHAIRMAN.—Not later than 120 ‘‘[Amended section 386a of Title 25, Indians.] days after receiving a recommendation for an ex- ‘‘SEC. 208. REPORT. change from the Secretary under paragraph (1), the ‘‘(a) IN GENERAL.—Not later than 180 days after the Chairman shall provide written notification to the date of enactment of this Act [Nov. 2, 1995], the Chair- Secretary of the approval or disapproval of a pro- man shall report to the Secretary concerning any posed exchange. If the Chairman approves the pro- claims that— posed exchange, upon receipt of the written notifica- ‘‘(1) involve the transfer of lands designated as tion, the Secretary shall notify the Committee on available lands under section 203 of the Hawaiian Page 39 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f

Homes Commission Act [former 48 U.S.C. 697] (as in ‘‘[Sec. 1. Short Title.] That this Act may be cited as effect on the date of enactment of such Act [July 9, the ‘Hawaii Omnibus Act’. 1921]); and ‘‘SEC. 2. [Printing outside United States.] Subsection ‘‘(2) are not otherwise covered under this title. (a) of section 2 of the Act of August 1, 1956 (70 Stat. 890), ‘‘(b) REVIEW.—Not later than 180 days after receiving is amended by striking out the words ‘the continental the report submitted under subsection (a), the Sec- United States’ and inserting in lieu thereof the words retary shall make a determination with respect to each ‘the States of the United States and the District of Co- claim referred to in subsection (a), whether, on the lumbia’. basis of legal and equitable considerations, compensa- ‘‘SEC. 3. [Soil Bank Act; amendment.] Section 113 of tion should be granted to the Department of Hawaiian the Soil Bank Act, as amended, is amended to read as Home Lands. follows: ‘This subtitle B shall apply to the several ‘‘(c) COMPENSATION.—If the Secretary makes a deter- States and, if the Secretary determines it to be in the mination under subsection (b) that compensation national interest, to the Commonwealth of Puerto Rico should be granted to the Department of Hawaiian Home and the Virgin Islands; and as used in this subtitle B, Lands, the Secretary shall determine the value of the the term ‘‘State’’ includes Puerto Rico and the Virgin lands and lost use in accordance with the process estab- Islands.’ lished under section 203(a), and increase the determina- ‘‘SEC. 4. [Armed Forces; amendment.] (a) Title 10, tion of value made under subparagraphs (A) and (B) of United States Code, section 101(2), is amended by strik- section 203(a)(1) by the value determined under this subsection. ing out the words ‘Hawaii or’. ‘‘(b) Title 10, United States Code, sections 802(11) and ‘‘SEC. 209. AUTHORIZATION. 802(12), are each amended by striking out the words ‘the ‘‘There are authorized to be appropriated such sums main group of the Hawaiian Islands,’. as may be necessary for compensation to the Depart- ‘‘(c) Title 10, United States Code, section 2662(c), is ment of Hawaiian Home Lands for the value of the lost amended by striking out the word ‘, Hawaii,’. use of lands determined under section 203. Compensa- ‘‘(d) Title 10, United States Code is amended by strik- tion received by the Department of Hawaiian Home ing out clause (6) of section 4744 [now section 2648]; by Lands from funds made available pursuant to this sec- renumbering clauses (7) through (9) as clauses (6) tion may only be used for the purposes described in sec- through (8); by amending redesignated clause (8) to tion 207(a) of the Hawaiian Homes Commission Act read as follows: ‘The families of persons described in [former 48 U.S.C. 701(a)]. To the extent that amounts clauses (1), (2), (4), (5), and (7).’; and by striking out the are made available by appropriations pursuant to this words ‘clause (8) or (9)’ in the last sentence of such sec- section for compensation paid to the Department of Ha- tion and inserting in lieu thereof the words ‘clause (7) waiian Home Lands for lost use, the Secretary shall re- or (8)’. duce the determination of value established under sec- ‘‘SEC. 5. [Home Loan Bank Board.] (a) Paragraph (3) tion 203(a)(1)(B) by such amount.’’ [now (2)] of section 2 of the Federal Home Loan Bank CONSENT TO AMENDMENT OF HAWAIIAN HOMES Act, as amended, is further amended by striking out COMMISSION ACT, 1920 the words ‘the Virgin Islands of the United States, and the Territory of Hawaii’ and by inserting in lieu there- Pub. L. 105–21, June 27, 1997, 111 Stat. 235, provided: of the words ‘and the Virgin Islands of the United ‘‘That, as required by section 4 of the Act entitled ‘An States’. Act to provide for the admission of the State of Hawaii ‘‘(b) Section 7 of the Home Owners’ Loan Act of 1933, into the Union’, approved March 18, 1959 (73 Stat. 4) [set as amended, is further amended by striking out the out as a note above], the United States consents to the words ‘Territory of Hawaii’ and inserting in lieu there- following amendments to the Hawaiian Homes Com- mission Act, 1920, adopted by the State of Hawaii in the of the words ‘State of Hawaii’. manner required for State legislation: ‘‘SEC. 6. [National Housing Act; amendment.] The Na- ‘‘(1) Act 339 of the Session Laws of Hawaii, 1993. tional Housing Act is amended by striking out the word ‘‘(2) Act 37 of the Session Laws of Hawaii, 1994.’’ ‘Hawaii,’ in sections 9, 210(d), 207(a)(7), 601(d), 713(q), Pub. L. 102–398, Oct. 6, 1992, 106 Stat. 1953, provided: and 801(g). ‘‘That, as required by section 4 of the Act entitled ‘An ‘‘SEC. 7. [Securities and Exchange Commission.] (a) Act to provide for the admission of the State of Hawaii Paragraph (6) of section 2 of the Securities Act of 1933, into the Union’, approved March 18, 1959 (73 Stat. 4) [set as amended, is further amended by striking out the out as a note above], the United States hereby consents word ‘Hawaii.’. to the following amendments to the Hawaiian Homes ‘‘(b) Paragraph (16) of section 3(a) of the Securities Commission Act, 1920, as amended, adopted by the Exchange Act of 1934, as amended, is further amended State of Hawaii in the manner required for State legis- by striking out the word ‘Hawaii,’. lation: ‘‘(c) Paragraph (37) of section 2(a) and paragraph (1) of ‘‘Act 16 of Session Laws of Hawaii, 1986; section 6(a) of the Investment Company Act of 1940, as ‘‘Act 85 of Session Laws of Hawaii, 1986; amended, are each amended by striking out the word ‘‘Act 249 of Session Laws of Hawaii, 1986; ‘Hawaii,’. ‘‘Act 36 of Session Laws of Hawaii, 1987; ‘‘(d) Paragraph (18) of section 202(a) of the Investment ‘‘Act 28 of Session Laws of Hawaii, 1989; Advisers Act of 1940, as amended, is further amended by ‘‘Act 265 of Session Laws of Hawaii, 1989; striking out the word ‘Hawaii,’. ‘‘Act 14 of Session Laws of Hawaii, 1990; ‘‘Act 24 of Session Laws of Hawaii, 1990; ‘‘SEC. 8. [Soil Conservation and Domestic Allotment ‘‘Act 150 of Session Laws of Hawaii, 1990; and Act; amendment.] (a) Section 8(b) of the Soil Conserva- ‘‘Act 305 of Session Laws of Hawaii, 1990.’’ tion and Domestic Allotment Act, as amended, is fur- Pub. L. 99–557, Oct. 27, 1986, 100 Stat. 3143, provided: ther amended by striking out the words ‘in the con- ‘‘That, as required by section 4 of the Act entitled ‘An tinental United States, except in Alaska,’ and inserting Act to provide for the admission of the State of Hawaii in lieu thereof the words ‘in the States of the Union, into the Union’, approved March 18, 1959 (73 Stat. 4) [set except Alaska,’. out as a note above], the United States hereby consents ‘‘(b) Section 17(a) of the Soil Conservation and Do- to all amendments to the Hawaiian Homes Commission mestic Allotment Act, as amended, is further amended Act, 1920, as amended, adopted between August 21, 1959, to read as follows: ‘This Act shall apply to the States, and June 30, 1985, by the State of Hawaii, either in the the Commonwealth of Puerto Rico, and the Virgin Is- Constitution of the State of Hawaii or in the manner lands, and, as used in this Act, the term ‘‘State’’ in- required for State legislation, except for Act 112 of cludes Puerto Rico and the Virgin Islands.’ 1981.’’ ‘‘SEC. 9. [Water Storage and Utilization.] Section 1 of the Act of August 28, 1937 (50 Stat. 869), as amended, is HAWAII OMNIBUS ACT further amended by striking out the words ‘the United Pub. L. 86–624, July 12, 1960, 74 Stat. 411, as amended, States, including the Territories of Alaska and Hawaii, provided: and Puerto Rico and the Virgin Islands’ and inserting §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 40 in lieu thereof the words ‘the States of the United salaries of teachers of agricultural subjects, is amended States and in Puerto Rico and the Virgin Islands’. by striking out ‘$27,000’ and inserting in lieu thereof ‘‘SEC. 10. [Wildlife Restoration.] Section 2 of the Act ‘$28,500’. The last sentence of section 4 of such Act, as of September 2, 1937 (50 Stat. 917), as amended, is fur- amended, relating to allotments for teacher training, is ther amended by striking out the words ‘; and the term amended by striking out ‘$98,500’ and inserting in lieu ‘‘State’’ shall be construed to mean and include the thereof ‘$105,200’. several States and the Territory of Hawaii’. ‘‘(3) Paragraph (1) of section 2 of the Vocational Edu- ‘‘SEC. 11. [Fishery Resources.] The Act of Aug. 4, 1947 cation Act of 1946, relating to definition of States and (61 Stat. 726), is amended— Territories, is amended by striking out ‘the Territory ‘‘(a) by striking out the words ‘the Territories and of Hawaii,’. island possessions of the United States’ and inserting ‘‘(4) Subsection (e) of section 210 and subsection (a) of in lieu thereof the words ‘the United States and its section 307 of such Act, relating to definition of State island possessions’ in section 1 and 2; are each amended by striking out ‘Hawaii,’. ‘‘(b) by striking out the words ‘Territory of Hawaii ‘‘(c) Paragraph (13) of section 15 of the Act of Septem- and’ in section 1; ber 23, 1950 (64 Stat. 967), as amended, relating to defini- ‘‘(c) by striking out the word ‘Territorial’ and in- tion of State, is amended by striking out ‘Hawaii,’. serting in lieu thereof the word ‘State’ in section 3; ‘‘(d)(1) The material in the parentheses in the first and sentence of subsection (d) of section 3 of the Act of Sep- ‘‘(d) by striking out the words ‘Hawaiian Islands’ tember 30, 1950, as amended, relating to determination and ‘Territory of Hawaii’ and inserting in lieu there- of local contribution rate, is amended to read: ‘(other of, in both cases, the words ‘State of Hawaii’ in sec- than a local educational agency in Puerto Rico, Wake tion 4. Island, Guam, or the Virgin Islands, or in a State in ‘‘SEC. 12. [Fish Restoration.] Section 2(d) of the Act of which a substantial proportion of the land is in unorga- August 9, 1950 (64 Stat. 431), as amended, is further nized territory for which a State agency is the local amended by striking out the words ‘; and the term educational agency, or in a State in which there is only ‘‘State’’ shall be construed to mean and include the one local educational agency)’. several States and the Territory of Hawaii’. ‘‘(2) The fourth sentence of such subsection is amend- ‘‘SEC. 13. [Criminal Code; amendments.] (a) Title 18, ed by striking out ‘in the continental United States United States Code, section 1401, is amended by strik- (including Alaska)’ and inserting in lieu thereof ‘(other ing out the words ‘the Territory of Alaska, the Terri- than Puerto Rico, Wake Island, Guam, or the Virgin Is- tory of Hawaii,’. lands)’ and by striking out ‘continental United States’ ‘‘(b) Title 18, United States Code, section 5024, is in clause (ii) of such sentence and inserting in lieu amended by striking out the words preceding the first thereof ‘United States (which for purposes of this sen- comma and inserting in lieu thereof the words ‘This tence and the next sentence means the fifty States and chapter shall apply in the States of the United States’. the District of Columbia)’. The fifth sentence of such ‘‘(c) Section 6 of Public Law 85–752, as amended, is subsection is amended by striking out ‘continental’ be- further amended by striking out the words preceding fore ‘United States’ each time it appears therein and by the first comma and inserting in lieu thereof the words striking out ‘(including Alaska)’. ‘Sections 3 and 4 of this Act shall apply in the States ‘‘(3) The last sentence of such subsection is amended of the United States’. by striking out ‘Hawaii,’ and by inserting after ‘for ‘‘SEC. 14. [Education.] (a)(1) Subsection (a) of section which a State agency is the local educational agency,’ 103 of the National Defense Education Act of 1958, relat- the following: ‘or in any State in which there is only ing to definition of State, is amended by striking out one local educational agency,’. ‘Hawaii,’ each time it appears therein. ‘‘(4) Paragraph (8) of section 9 of such Act, relating to ‘‘(2)(A) Paragraph (2), and subparagraph (C) of para- definition of State, is amended by striking out ‘Ha- graph (3), of subsection (a) of section 302 of such Act, waii,’. relating to allotments for science, mathematics, and ‘‘(e) Notwithstanding the last sentence of subsection foreign language instruction equipment, are each (b) of section 5 of the Act entitled ‘An Act to provide amended by striking out ‘continental United States’ for the admission of the State of Hawaii into the each time it appears therein and inserting in lieu there- Union’, approved March 18, 1959 (73 Stat. 4; Public Law of ‘United States’. 86–3), there is hereby authorized to be appropriated to ‘‘(B) Effective in the case of promulgations of allot- the State of Hawaii the sum of $6,000,000. Amounts ap- ment ratios made, under section 302 of such Act, after propriated under this subsection shall be held and con- enactment of this Act and before satisfactory data are sidered to be granted to such State subject to those available from the Department of Commerce for a full provisions of the Act entitled ‘An Act donating public year on the per capita income of Alaska, subparagraph lands to the several States and Territories which may B of such paragraph (3) is amended to read: provide colleges for the benefit of agriculture and the ‘‘ ‘(B) The term ‘‘United States’’ means the continen- mechanic arts’, approved July 2, 1862 (7 U.S.C. 301–308), tal United States (excluding Alaska and Hawaii)’. applicable to the proceeds from the sale of land or land ‘‘(C) Effective in the case of promulgations of allot- scrip. ment ratios made under such section 302 after such ‘‘SEC. 15. [Importation of Milk and Cream.] Sub- data for a full year are available from the Department section (b) of section 9 of the Act of February 15, 1927 of Commerce, subparagraph (B) of such paragraph (3) is (44 Stat. 1103), as amended, is amended to read: amended to read: ‘‘ ‘(b) The term ‘‘United States’’ means the fifty ‘‘ ‘(B) The term ‘‘United States’’ means the fifty States and the District of Columbia.’ States and the District of Columbia.’ ‘‘SEC. 16. [Opium Poppy Control.] Section 12 of the ‘‘Promulgations of allotment ratios made under such Opium Poppy Control Act of 1942, as amended, is fur- section 302 after such data for a full year are available ther amended by deleting therefrom the words ‘the Ter- from the Department of Commerce, but before such ritory of Hawaii,’. data are available therefrom for a full three-year pe- ‘‘SEC. 17. [Highways.] (a) The definition of the term riod, shall be based on such data for such one full year, ‘State’ in title 23, United States Code, section 101(a), is or when such data are available for a two-year period, amended to read as follows: for such two years. ‘‘ ‘The term ‘‘State’’ means any one of the fifty ‘‘(3) Section 1008 of such Act, relating to allotments States, the District of Columbia, or Puerto Rico.’ to territories, is amended by striking out ‘Hawaii,’. ‘‘(b) Sections 103(g) and 105(e) of title 23, United ‘‘(b)(1) Section 4 of the Act of March 10, 1924 (43 Stat. States Code, are repealed. 18), extending the benefits of the Smith-Hughes voca- ‘‘(c) Section 103(d) of title 23, United States Code, is tional education law to Hawaii, is repealed. amended to read as follows: ‘‘(2) The last sentence of section 2 of the Act of Feb- ‘‘ ‘(d) The Interstate System shall be designated with- ruary 23, 1917 (39 Stat. 930), relating to allotments for in the United States, including the District of Colum- Page 41 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f bia, and it shall not exceed forty-one thousand miles in ‘‘(h) Section 7653(d) of the Internal Revenue Code of total extent. It shall be so located as to connect by 1986 (relating to shipments from the United States) is routes, as direct as practicable, the principal metro- amended by striking out ‘, its possessions or the Terri- politan areas, cities, and industrial centers, to serve tory of Hawaii’ and inserting in lieu thereof ‘or its pos- the national defense and, to the greatest extent pos- sessions’. sible, to connect at suitable border points with routes ‘‘(i) Section 7701(a)(9) of the Internal Revenue Code of of continental importance in the Dominion of Canada 1986 (relating to definition of ‘United States’) is amend- and the Republic of . The routes of this system, ed by striking out ‘, the Territory of Hawaii,’. to the greatest extent possible, shall be selected by ‘‘(j) Section 7701(a)(10) of the Internal Revenue Code joint action of the State highway departments of each of 1986 (relating to definition of ‘State’) is amended by State and the adjoining States, subject to the approval striking out ‘the Territory of Hawaii and’. by the Secretary as provided in subsection (e) of this ‘‘(k) The amendments contained in subsections (a) section. All highways or routes included in the Inter- through (j) of this section shall be effective as of Au- state System as finally approved, if not already coinci- gust 21, 1959. (As amended Pub. L. 99–514, § 2, Oct. 22, dent with the primary system, shall be added to said 1986, 100 Stat. 2095.) system without regard to the mileage limitation set ‘‘SEC. 19. [Courts; Kure Island.] Title 28, United forth in subsection (b) of this section. This system may States Code, section 91, and the Act of June 15, 1950 (64 be located both in rural and urban areas.’ Stat. 217), as amended, are each amended by striking ‘‘(d) Notwithstanding any other provision of law, for out the words ‘Kure Island,’. the purpose of expediting the construction, reconstruc- ‘‘SEC. 20. [Vocational Rehabilitation Act; amend- tion, or improvement, inclusive of necessary bridges ment.] (a) Subsection (g) of section 11 of the Vocational and tunnels, of the Interstate System, including exten- Rehabilitation Act, relating to definition of ‘State’, is sions thereof through urban areas, designated in ac- amended by striking out ‘Hawaii,’. cordance with section 103(d) of title 23, United States ‘‘(b)(1) Subsections (h) and (i) of such section, relat- Code, as amended by section 1 of this Act, the sum of ing to definition of allotment percentages and Federal $12,375,000 shall be apportioned to the State of Hawaii shares for purposes of allotment and matching for voca- out of the sum authorized to be appropriated for the tional rehabilitation services grants, are each amended Interstate System for the fiscal year ending June 30, by striking out ‘continental United States’ and insert- 1962, under the provisions of section 108(b) of the Fed- eral-Aid Highway Act of 1956 (70 Stat. 374), as amended ing in lieu thereof ‘United States’ and by striking out by section 7(a) of the Federal-Aid Highway Act of 1958 ‘(including Alaska)’. (72 Stat. 89), such apportionment to be made at the ‘‘(2) Paragraph (1) of such subsection (h) is further same time such funds are apportioned to other States. amended by striking out ‘the allotment percentage for The total sum to be apportioned under [former] section Hawaii shall be 50 per centum, and’ in clause (B). 104(b)(5) of title 23, United States Code, for the fiscal ‘‘(3) Subsection (h) of such section is further amended year ending June 30, 1962, among the States other than by adding at the end thereof the following new para- Hawaii, shall be reduced by said sum apportioned to the graphs: State of Hawaii under this section. The Secretary of ‘‘ ‘(3) Promulgations of allotment percentages and Commerce shall apportion funds to the State of Hawaii computations of Federal shares made before satisfac- for the Interstate System for the fiscal year 1963 and tory data are available from the Department of Com- subsequent fiscal years pursuant to the provisions of merce for a full year on the per capita income of Alas- said [former] section 104(b)(5) of title 23, United States ka shall prescribe for Alaska an allotment percentage Code, and, in preparing the estimates required by that of 75 per centum and a Federal share of 60 per centum section, he shall take into account the apportionment and, for purposes of such promulgations and computa- made to the State of Hawaii under this section. tions, Alaska shall not be included as part of the ‘‘(e) Section 127 of title 23, United States Code, is ‘‘United States’’. Promulgations and computations amended by adding at the end thereof the following made thereafter but before per capita income data for sentence: ‘With respect to the State of Hawaii, laws or Alaska for a full three-year period are available from regulations in effect on February 1, 1960, shall be appli- the Department of Commerce shall be based on satis- cable for the purposes of this section in lieu of those in factory data available therefrom for Alaska for such effect on July 1, 1956.’ one full year or, when such data are available for a two- ‘‘SEC. 18. [Internal Revenue.] (a) Section 4262(c)(1) of year period, for such two years. the Internal Revenue Code of 1986 (relating to the defi- ‘‘ ‘(4) The term ‘‘United States’’ means (but only for nition of ‘continental United States’ for purposes of the purposes of this subsection and subsection (i)) the fifty tax on transportation of persons) is amended to read as States and the District of Columbia.’ follows: ‘‘(4) Subsection (i) of such section is further amended ‘‘ ‘(1) Continental United States.—The term ‘‘con- by striking out ‘the Federal share for Hawaii shall be tinental United States’’ means the District of Colum- 60 per centum, and’ in clause (B). bia and the States other than Alaska and Hawaii.’ ‘‘SEC. 21. [Labor.] (a) Section 3(b) of the Act of June ‘‘(b) Section 2202 of the Internal Revenue Code of 1986 6, 1933 (48 Stat. 114), as amended, is further amended by (relating to missionaries in foreign service) is amended striking out the words ‘Hawaii, Alaska,’. by striking out ‘the State, the District of Columbia, or ‘‘(b) Section 13(f) of the Fair Labor Standards Act, as Hawaii’ and inserting in lieu thereof ‘the State or the amended, is further amended by striking out the words District of Columbia’. ‘Alaska; Hawaii;’. ‘‘(c) Section 3121(e)(1) of the Internal Revenue Code of ‘‘(c) Section 17 of the Fair Labor Standards Act, as 1986 (relating to a special definition of ‘State’) is amended, is further amended by striking out the words amended by striking out ‘Hawaii,’. ‘‘(d) Sections 3306(j) and 4233(b) of the Internal Reve- ‘the District Court for the Territory of Alaska,’. ‘‘(d) Section 3(a)(9) of the Welfare and Pension Plans nue Code of 1986 (each relating to a special definition of ‘State’) are amended by striking out ‘Hawaii, and’. Disclosure Act is amended by striking out the word ‘‘(e) Section 4221(d)(4) of the Internal Revenue Code of ‘Hawaii,’. 1986 (relating to a special definition of ‘State or local ‘‘SEC. 22. [National Guard.] Title 32, United States government’) is amended to read as follows: Code, section 101(1), is amended by striking out the ‘‘ ‘(4) State or local government.—The term ‘‘State or words ‘Hawaii or’. local government’’ means any State, any political sub- ‘‘SEC. 23. [Water Pollution Control Act; amendment.] division thereof, or the District of Columbia.’ (a)(1) Subsection (h) of section 5 of the Federal Water ‘‘(f) Section 4502(5) of the Internal Revenue Code of Pollution Control Act, relating to Federal share for 1986 (relating to definition of ‘United States’) is amend- purposes of program operation grants, is amended by ed by striking out ‘the Territory of Hawaii,’. striking out ‘continental United States’ and inserting ‘‘(g) Section 4774 of the Internal Revenue Code of 1986 in lieu thereof ‘United States’, by striking out ‘(includ- (relating to territorial extent of law) is amended by ing Alaska)’, and by striking out, in clause (B) of para- striking out ‘the Territory of Hawaii,’. graph (1), ‘for Hawaii shall be 50 per centum, and’. §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 42

‘‘(2) Such subsection is further amended by adding at persons to prevent the spread of a communicable dis- the end thereof the following new paragraphs: ease, is amended by striking out ‘, the Territory of Ha- ‘‘ ‘(3) As used in this subsection, the term ‘‘United waii,’. States’’ means the fifty States and the District of Co- ‘‘(d)(1) Clause (2) of subsection (a) of section 631 of lumbia. such Act, relating to definition of allotment percentage ‘‘ ‘(4) Promulgations made before satisfactory data for purposes of allotments for construction of hospitals are available from the Department of Commerce for a and other medical service facilities, is amended by full year on the per capita income of Alaska shall pre- striking out ‘the allotment percentage for Hawaii shall scribe a Federal share for Alaska of 50 per centum and, be 50 per centum, and’. for purposes of such promulgations, Alaska shall not be ‘‘(2) Such subsection is further amended by striking included as part of the ‘‘United States.’’ Promulgations out ‘continental United States (including Alaska)’ and made thereafter but before per capita income data for inserting in lieu thereof ‘United States’. Alaska for a full three-year period are available for the ‘‘(3) Subsection (b) of such section, relating to pro- Department of Commerce shall be based on satisfactory mulgation of allotment percentages, is amended by data available therefrom for Alaska for such one full striking out ‘continental United States’ and inserting year or when such data are available for a two-year pe- in lieu thereof ‘United States’. Such subsection is fur- riod, for such two years.’ ther amended by inserting ‘(1)’ after ‘(b)’ and by adding ‘‘(b) Subsection (d) of section 11 of such Act, relating at the end thereof the following new paragraphs: to definition of ‘State’, is amended by striking out ‘Ha- ‘‘ ‘(2) The term ‘‘United States’’ means (but only for waii,’. purposes of this subsection and subsection (a)) the fifty ‘‘SEC. 24. [Coast and Geodetic Survey.] The first sen- States and the District of Columbia; tence of section 1 of the Act of August 3, 1956 (70 Stat. ‘‘ ‘(3) Promulgations made before satisfactory data 988), is amended by striking out the words ‘the several are available from the Department of Commerce for a States’ and inserting in lieu thereof the words ‘the full year on the per capita income of Alaska shall pre- States of the continental United States, excluding scribe an allotment percentage for Alaska of 50 per cen- Alaska.’ tum and, for purposes of such promulgation, Alaska ‘‘SEC. 25. [Veterans’ Administration.] (a) Title 33, shall not be included as part of the ‘‘United States’’. United States Code, section 624(a), is amended by strik- Promulgations made thereafter but before per capita ing out the words ‘outside the continental limits of the income data for Alaska for a full three-year period are United States, or a Territory, Commonwealth, or pos- available from the Department of Commerce shall be session of the United States’ and inserting in lieu based on satisfactory data available therefrom for thereof ‘outside any State’. Alaska for such one full year or, when such data are ‘‘(b) The first sentence of title 38, United States Code, available for a two-year period, for such two years;’. section 903(b) [now 2303(b)], is amended to read as fol- ‘‘(4) Subsection (d) of such section, relating to defini- lows: ‘In addition to the foregoing, when such a death tion of State, is further amended by striking out ‘Ha- occurs in the continental United States or Hawaii, the waii,’. Administrator shall transport the body to the place of ‘‘SEC. 30. [Social Security Act; amendment.] (a)(1) burial in the continental United States or Hawaii.’ Paragraph (8) of subsection (a) of section 1101 of the So- ‘‘(c) Title 38, United States Code, section 2007(c) [now cial Security Act, relating to definition of Federal per- 4107(c)], is amended by striking out the word ‘Hawaii,’. centage for purposes of matching for public assistance ‘‘SEC. 26. [Davis-Bacon Act; amendment.] Section 1 of grants, is amended by striking out ‘continental United the Act of March 3, 1931 (46 Stat. 1494), as amended, is States (including Alaska)’ and inserting in lieu thereof further amended by striking out the words ‘, the Terri- ‘United States’. tory of Alaska, the Territory of Hawaii,’ and the words ‘‘(2) Subparagraph (A) of such paragraph is further ‘, or the Territory of Alaska, or the Territory of Ha- amended by striking out ‘(i)’ and by striking out ‘, and waii.’ (ii) the Federal percentage shall be 50 per centum for ‘‘SEC. 27. [Federal Property and Administrative Serv- Hawaii’. ices Act; amendment.] The Federal Property and Ad- ‘‘(3) Such paragraph is further amended by adding ministrative Services Act of 1949, as amended, is fur- after subparagraph (B) the following new subpara- ther amended by— ‘‘(a) striking out the words ‘continental United graphs: States (including Alaska), Hawaii,’ in section 3(f) and ‘‘ ‘(C) The term ‘‘United States’’ means (but only for inserting in lieu thereof the words ‘States of the purposes of subparagraphs (A) and (B) of this para- Union, the District of Columbia,’; graph) the fifty States and the District of Columbia. ‘‘(b) striking out the words ‘continental United ‘‘ ‘(D) Promulgations made before satisfactory data States, its Territories, and possessions’ in section are available from the Department of Commerce for a 211(j) and inserting in lieu thereof the words ‘States full year on the per capita income of Alaska shall pre- of the Union, the District of Columbia, Puerto Rico, scribe a Federal percentage for Alaska of 50 per centum and the possessions of the United States’; and, for purposes of such promulgations, Alaska shall ‘‘(c) striking out the words ‘continental limits of not be included as part of the ‘‘United States’’. Promul- the United States’ in section 404(c) and inserting in gations made thereafter but before per capita income lieu thereof the words ‘States of the Union and the data for Alaska for a full three-year period are avail- District of Columbia’; and able from the Department of Commerce shall be based ‘‘(d) striking out the words ‘and the Territory of on satisfactory data available therefrom for Alaska for Hawaii’ in section 702(a). such one full year or, when such data are available for ‘‘SEC. 28. [Buy American Act; amendment.] Section a two-year period, for such two years.’ 1(b) of title III of the Act of March 3, 1933 (47 Stat. 1520) ‘‘(b)(1) Subsections (a), (b), and (c) of section 524 of [now 41 U.S.C. 8301(1)], as amended, is amended by such Act, relating to the definition of allotment per- striking out the word ‘Hawaii,’. centages and Federal shares for purposes of allotment ‘‘SEC. 29. [Public Health Service Act; amendment.] (a) and matching for child welfare services grants, are Subsection (f) of section 2 of the Public Health Service each amended by striking out ‘continental United Act, relating to definition of State, is amended by States (including Alaska)’ and inserting in lieu thereof striking out ‘Hawaii,’. ‘United States’. ‘‘(b) The first sentence of section 331 of such Act, re- ‘‘(2) Such section is further amended by adding after lating to receipt and treatment of lepers, is amended by subsection (c) the following new subsections: striking out ‘, Territory, or the District of Columbia’. ‘‘ ‘(d) For purposes of this section, the term ‘‘United The fifth sentence of such section is amended by strik- States’’ means the fifty States and the District of Co- ing out ‘the Territory of Hawaii’ and inserting in lieu lumbia. thereof ‘Hawaii’. ‘‘ ‘(e) Promulgations made before satisfactory data ‘‘(c) Subsection (c) of section 361 of such Act, relating are available from the Department of Commerce for a to regulations governing apprehension and detention of full year on the per capita income of Alaska shall pre- Page 43 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f scribe a Federal share for Alaska of 50 per centum and, ‘‘SEC. 38. [Real property transactions.] Section 43(c) for purposes of such promulgations, Alaska shall not be of the Act of August 10, 1956 (70A Stat. 636), as amended included as part of the ‘‘United States’’. Promulgations is further amended by striking out the words ‘United made thereafter but before per capita income data for States, Hawaii,’ and inserting in lieu thereof the words Alaska for a full three-year period are available from ‘States of the Union, the District of Columbia,’. the Department of Commerce shall be based on satis- ‘‘SEC. 39. [Selective service.] Section 16(b) of the Uni- factory data available therefrom for Alaska for such versal Military Training and Service Act, as amended, one full year or, when such data are available for a two- is further amended by striking out the word ‘Hawaii,’. year period, for such two years.’ ‘‘SEC. 40. [Reports on Federal Land Use.] The Presi- ‘‘(c)(1) The last sentence of subsection (i) of section dent shall prescribe procedures to assure that the re- 202 of the Social Security Act is amended by striking ports to be submitted to him by Federal agencies pur- out ‘forty-nine’ and inserting in lieu thereof ‘fifty’. suant to section 5(e) of the Act of March 18, 1959 (73 ‘‘(2) Subsections (h) and (i) of section 210 of such Act Stat. 6), providing for the admission of the State of Ha- relating to definitions of State and United States for waii into the Union, shall be prepared in accordance purposes of old-age, survivors, and disability insurance, with uniform policies and coordinated within the exec- are each amended by striking out ‘Hawaii,’. Such sub- utive branch. section (h) is further amended by striking out the ‘‘SEC. 41. [Hawaiian Homes Commission Lands.] Sec- comma after ‘District of Columbia’. tion 5(b) of the Act of March 18, 1959 (73 Stat. 5), is ‘‘(d)(1) Paragraph (1) of subsection (a) of section 1101 amended by inserting, immediately following the words of such Act, relating to definition of State, is amended ‘public property’ the words ‘, and to all lands defined as by striking out ‘Hawaii and’. ‘‘available lands’’ by section 203 of the Hawaiian Homes ‘‘(2) Paragraph (2) of such subsection, as amended re- Commission Act, 1920, as amended,’. lating to definition of ‘United States’, is amended by ‘‘SEC. 42. [Lease by United States of Public Property striking out ‘, Hawaii,’. of Hawaii.] Until August 21, 1964, there shall be covered ‘‘(e) Subparagraph (C) and (G) of paragraph (6) of sub- into the treasury of the State of Hawaii the rentals or section (d) of section 218 of the Social Security Act, as consideration received by the United States with re- amended, are each further amended by striking out ‘the spect to public property taken for the uses and pur- Territory of’ and ‘or Territory’ each time they appear poses of the United States under section 91 of the Ha- therein. waii and thereafter by the United States ‘‘(f) Subsection (p) of such section is amended by leased, rented, or granted upon revocable permits to striking out ‘Territory of’. private parties. ‘‘(g) The last sentence of subsection (a) of section 1501 ‘‘SEC. 43. [Transfer of Records.] (a) There are hereby of the Social Security Act is amended by striking out transferred to the State of Hawaii all records and other ‘Alaska, Hawaii,’. papers that were made or received by any Federal or ‘‘SEC. 31. [Small Reclamation Projects.] The Small territorial agency, or any predecessor thereof, in con- Reclamation Projects Act of 1956 (70 Stat. 1044), as nection with the performance of functions assumed in heretofore and hereafter amended, shall apply to the whole or in substantial part by the State of Hawaii. State of Hawaii. There are hereby also transferred to the State of Ha- ‘‘SEC. 32. [Congressional Record.] Section 73 of the Act of January 12, 1895 (28 Stat. 617), amended, is fur- waii all records and other papers in the custody of the ther amended by striking out the word ‘Hawaii,’ [Re- Public Archives of Hawaii that were made or received pealed by Pub. L. 90–620, § 3, Oct. 22, 1968, 82 Stat 1310]. by any Federal agency. ‘‘SEC. 33. [Federal Register.] Section 8 of the Federal ‘‘(b) There are also hereby transferred to the State of Register Act (49 Stat. 502), as amended, is further Hawaii all books, publications, and legal reference ma- amended by striking out the words ‘continental United terials which are owned by the United States and which States (including Alaska)’ and inserting in lieu thereof were, prior to the admission of Hawaii to the Union, the words ‘States of the Union and the District of Co- placed in the custody of courts, libraries, or territorial lumbia’ [Repealed by Pub. L. 90–620, § 3, Oct. 22, 1968, 82 agencies in Hawaii in order to facilitate the perform- Stat. 1310]. ance of functions conferred on such courts or agencies ‘‘SEC. 34. [Home Port of Vessels.] Section 1 of the Act by Federal law. of February 16, 1925 (43 Stat. 947), as amended, is fur- ‘‘SEC. 44. [Use of G.S.A. Services or Facilities.] The ther amended by striking out the words ‘Alaska, Ha- Administrator of General Services is authorized to waii, and’. make available to the State of Hawaii such services or ‘‘SEC. 35. [Merchant Marine Act, 1936.] (a) Subsection facilities as are determined by the Administrator to be (a) of section 505 of the Merchant Marine Act, 1936, as necessary for an interim period, pending provision of amended, is further amended by adding at the end such services or facilities by the State of Hawaii. Such thereof the following new sentence: ‘For the purposes interim period shall not extend beyond August 21, 1964. of this subsection, the term ‘‘continental limits of the Payment shall be made to the General Services Admin- United States’’ includes the States of Alaska and Ha- istration by the State of Hawaii for the cost of such waii.’ services or facilities to the Federal Government, as de- ‘‘(b) Section 606 of such Act, as amended, is further termined by the Administrator. amended by adding at the end thereof the following ‘‘SEC. 45. [Purchase of Typewriters.] Title I of the new sentence: ‘For the purposes of this section, the Independent Offices Appropriation Act, 1960, is amend- term ‘‘continental limits of the United States’’ in- ed by striking out the words ‘for the purchase within cludes the States of Alaska and Hawaii.’ the continental limits of the United States of any type- ‘‘(c) Section 702 of such Act, as amended, is further writing machines’ and inserting in lieu thereof ‘for the amended by adding at the end thereof the following purchase within the States of the Union and the Dis- new sentence: ‘For the purposes of this section, the trict of Columbia of any typewriting machines’. term ‘‘continental United States’’ includes the States ‘‘SEC. 46. [Federal Maritime Board.] Section 18(a) of of Alaska and Hawaii.’ the Act of March 18, 1959 (73 Stat. 12), providing for the ‘‘SEC. 36. [Communications Act; amendment.] Section admission of the State of Hawaii into the Union, is 222(a)(10) of the Communications Act of 1934, is amend- amended by striking out the words ‘or is conferring’ ed by striking out the words ‘the several States and the and inserting in lieu thereof the words ‘or as confer- District of Columbia’ and inserting in lieu thereof the ring’. words ‘the District of Columbia and the States of the ‘‘SEC. 47. [Effective Dates.] (a) The amendments made Union, except Hawaii’. by section 14(a)(2)(A), by section 23(a), by paragraphs ‘‘SEC. 37. [Aircraft Loan Guarantees.] Section 3 of the (1), (2), and (3) of section 29(d), by subsection (b), and Act of September 7, 1957 (71 Stat. 629), as amended, is paragraphs (1) and (3) of subsection (a), of section 30, further amended by striking out the words ‘Territory and, except as provided in subsection (g) of this section, of Hawaii’ and inserting in lieu thereof the words by section 20(b) shall be applicable in the case of pro- ‘State of Hawaii’. mulgations or computations of Federal shares, allot- §§ 488 to 488f TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 44 ment percentages, allotment ratios, and Federal per- ‘‘SEC. 49. [Other Subjects.] The amendment by this centages, as the case may be, made after August 21, Act of certain statutes by deleting therefrom specific 1959. references to Hawaii or such phrases as ‘Territory of ‘‘(b) The amendments made by paragraph (2) of sec- Hawaii’ shall not be construed to affect the applicabil- tion 30(a) shall be effective with the beginning of the ity or inapplicability in or to Hawaii of other statutes calendar quarter in which this Act is enacted. The Sec- not so amended. retary of Health, Education, and Welfare shall, as soon ‘‘SEC. 50. [Separability.] If any provision of this Act, as possible after enactment of this Act, promulgate a or the application thereof to any person or circum- Federal percentage for Hawaii determined in accord- stances, is held invalid, the remainder of this Act, and ance with the provisions of subparagraph (B) of section the application of such provision to other persons or 1101(a)(8) of the Social Security Act, such promulgation circumstances, shall not be affected thereby.’’ to be effective for the period beginning with the begin- ning of the calendar quarter in which this Act is en- CONVEYANCE OF CERTAIN SURPLUS FEDERAL LANDS IN acted and ending with the close of June 30, 1961. HAWAII ‘‘(c) The amendment made by paragraphs (1) and (2) Pub. L. 88–233, Dec. 23, 1963, 77 Stat. 472, provided: of subsection (b) and paragraphs (1), (2), and (3) of sub- ‘‘[Sec. 1. Procedure for conveyance to Hawaii of sur- section (d) of section 14 shall be applicable in the case plus Federal lands held as ceded, Statehood, permit and of fiscal years beginning after June 30, 1960. Sand Island lands; terms and conditions; monetary con- ‘‘(d) The amendments made by paragraphs (1) and (3) sideration; fair market value for improvements; dis- of section 14(a) shall be applicable, in the case of allot- posal under other applicable laws; proportional pay- ments under section 302(b) or 502 of the National De- ment of proceeds.] That (a)(i) whenever after August 21, fense Education Act of 1958, for fiscal years beginning 1964, any of the public lands and other public property after June 30, 1960, and, in the case of allotments under as defined in section 5(g) of Public Law 86–3 (73 Stat. 4, section 302(a) of such Act, for fiscal years beginning 6) [set out as a note above], or any lands acquired by after allotment ratios, to which the amendment made the Territory of Hawaii and its subdivisions, which are by paragraph (2) of section 14(a) is applicable, are pro- the property of the United States pursuant to section mulgated under such section 302(a). ‘‘(e) The amendment made by section 30(c)(1) shall be 5(c) or become the property of the United States pursu- applicable in the case of deaths occurring on or after ant to section 5(d) of Public Law 86–3, except the lands August 21, 1959. administered pursuant to the Act of August 25, 1916 (39 ‘‘(f) The amendments made by subsection (c), para- Stat. 535), as amended [see 18 U.S.C. 1865(a), 54 U.S.C. graphs (3) and (4) of subsection (b), and paragraph (4) of 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101] subsection (d) of section 14, by section 20(a), by section and (ii) whenever any of the lands of the United States 23(b), by subsections (a), (b), and (c), and paragraph (4) on Sand Island, including the reef lands in connection of subsection (d), of section 29, and by subsection (d), therewith, in the city and county of Honolulu, are de- and paragraph (2) of subsection (c), of section 30 shall termined to be surplus property by the Administrator become effective on August 21, 1959. of General Services (hereinafter referred to as the ‘‘Ad- ‘‘(g)(1) The allotment percentage determined for ministrator’’) with the concurrence of the head of the Alaska under section 11(h) of the Vocational Rehabili- department or agency exercising administration or tation Act, as amended by this Act, for the first, sec- control over such lands and property, they shall be con- ond, third, and fourth years for which such percentage veyed to the State of Hawaii by the Administrator sub- is based on the per capita income data for Alaska shall ject to the provisions of this Act. be increased by 76 per centum, 64 per centum, 52 per ‘‘(b) Such lands and property shall be conveyed with- centum, and 28 per centum, respectively, of the dif- out monetary consideration, but subject to such other ference between such allotment percentage for the year terms and conditions as the Administrator may pre- involved and 75 per centum. scribe: Provided, That, as a condition precedent to the ‘‘(2) The Federal share for Alaska determined under conveyance of such lands, the Administrator shall re- section 11(i) of the Vocational Rehabilitation Act, as quire payment by the State of Hawaii of the estimated amended by this Act, for the first year for which such fair market value, as determined by the Administrator, Federal share is based on per capita income data for of any buildings, structures, and other improvements Alaska shall be increased by 70 per centum of the dif- erected and made on such lands after they were set ference between such Federal share for such year and 60 aside. In the event that the State of Hawaii does not per centum. agree to any payment prescribed by the Administrator, ‘‘(3) If such first year for which such Federal share is he may remove, relocate, and otherwise dispose of any based on per capita income data for Alaska is any fiscal such buildings, structures, and other improvements year ending prior to July 1, 1962, the adjusted Federal under other applicable laws, or if the Administrator de- share for Alaska for such year for purposes of section termines that they cannot be removed without sub- 2(b) of the Vocational Rehabilitation Act shall notwith- stantial damage to them or the lands containing them, standing the provisions of paragraph (3)(A) of such sec- he may dispose of them and the lands involved under tion 2(b), be the Federal share determined pursuant to other applicable laws, but, in such cases he shall pay to paragraph (2) of this subsection. the State of Hawaii that portion of any proceeds from ‘‘(4) Section 47(c) of the Alaska Omnibus Act (Public such disposal which he estimates to be equal to the Law 86–70) is repealed. value of the lands involved. Nothing in this section ‘‘SEC. 48. [Administration of Palmyra, Midway, and shall prevent the disposal by the Administrator under Wake Islands.] Until Congress shall provide for the gov- other applicable laws of the lands subject to convey- ernment of Palmyra Island, Midway Island, and Wake ance to the State of Hawaii under this section if the Island, all executive and legislative authority nec- State of Hawaii so chooses. essary for the civil administration of Palmyra Island, ‘‘SEC. 2. [Public trust; terms and conditions.] Any Midway Island and Wake Island, and all judicial au- lands, property, improvements, and proceeds conveyed thority other than that contained in the Act of June 15, or paid to the State of Hawaii under section 1 of this 1950 (64 Stat. 217), as amended, shall continue to be Act shall be considered a part of public trust estab- vested in such person or persons and shall be exercised lished by section 5(f) of Public Law 86–3 [set out above], in such manner and through such agency or agencies as and shall be subject to the terms and conditions of that the President of the United States may direct or au- trust.’’ thorize. In the case of Palmyra Island, such person or persons may confer upon the United States District PROC. NO. 3309. ADMISSION OF THE STATE OF HAWAII INTO Court for the District of Hawaii such jurisdiction (in THE UNION addition to that contained in such Act of June 15, 1950), Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, and such judicial functions and duties as he or they provided: may deem appropriate for the civil administration of WHEREAS the Congress of the United States by the such island. act approved on March 18, 1959 (73 Stat. 4) [set out Page 45 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 488 to 488f above], accepted, ratified, and confirmed the constitu- agencies, officers or employees of the United States, tion adopted by a vote of the people of Hawaii in an and (3) shall be exercised in such manner as the Sec- election held on November 7, 1950, and provided for the retary, or any person or persons acting under the au- admission of the State of Hawaii into the Union on an thority of the Secretary, may direct or authorize. equal footing with the other States upon compliance SEC. 103. Executive Order No. 6935 of December 29, with certain procedural requirements specified in that 1934, to the extent that it pertains to Wake Island, is act; and hereby superseded. WHEREAS it appears from the information before me that a majority of the legal votes cast at an election on PART II—MIDWAY ISLAND June 27, 1959, were in favor of each of the propositions [Superseded by Ex. Ord. No. 13022, § 1, Oct. 31, 1996, 61 required to be submitted to the people of Hawaii by sec- F.R. 56875] tion 7(b) of the act of March 18, 1959 [set out above]; and WHEREAS it further appears from information be- PART III—MISCELLANEOUS PROVISIONS fore me that a general election was held on July 28, SECTION 301. The provisions of each of the foregoing 1959, and that the returns of the general election were Parts of this order shall continue in force until the made and certified as provided in the act of March 18, Congress shall provide for the civil administration of 1959 [set out above]; and the affected Island or until such earlier time as the WHEREAS the Governor of Hawaii has certified to President may specify. me the results of the submission to the people of Ha- SEC. 302. As used herein, the terms ‘‘Wake Island’’ waii of the three propositions set forth in section 7(b) and ‘‘Midway Island’’ include the reefs appurtenant to, of the act of March 18, 1959 [set out above], and the re- and the territorial waters of, Wake Island and Midway sults of the general election; and Island, respectively. WHEREAS I find and announce that the people of Ha- SEC. 303. To the extent that any prior Executive order waii have duly adopted the propositions required to be or proclamation is inconsistent with the provisions of submitted to them by the act of March 18, 1959 [set out this order, this order shall control. above], and have duly elected the officers required to be SEC. 304. This order shall not be deemed to affect Ex- elected by that act: ecutive Order No. 9709 of March 29, 1946, or Executive NOW, THEREFORE, I, DWIGHT D. EISENHOWER, Order No. 9797 of November 6, 1946. President of the United States of America, do hereby SEC. 305. Nothing in this order shall be deemed to re- declare and proclaim that the procedural requirements duce, limit, or otherwise modify the authority or re- imposed by the Congress on the State of Hawaii to enti- sponsibility of the Attorney General to represent the tle that State to admission into the Union have been legal interests of the United States in civil or criminal complied with in all respects and that admission of the cases arising under the provisions of the act of June 15, State of Hawaii into the Union on an equal footing 1950. with the other States of the Union is now accom- plished. EX. ORD. NO. 13022. ADMINISTRATION OF THE MIDWAY IN WITNESS WHEREOF, I have hereunto set my ISLANDS hand and caused the Seal of the United States of Amer- Ex. Ord. No. 13022, Oct. 31, 1996, 61 F.R. 56875, pro- ica to be affixed. vided: DONE at the City of Washington at four p.m. E.D.T. By the authority vested in me as President by the on this twenty-first day of August in the year of Constitution and the laws of the United States of our Lord nineteen hundred and fifty-nine, and America, including section 48 of the Hawaii Omnibus of the Independence of the United States of Act, Public Law 86-624 [set out above], and section 301 America the one hundred and eighty-fourth. of title 3, United States Code, it is hereby ordered as DWIGHT D. EISENHOWER. follows: [SEAL] SECTION 1. The Midway Islands, Hawaiian group, and their territorial seas, located approximately between EX. ORD. NO. 11048. ADMINISTRATION OF WAKE ISLAND the parallels of 28 degrees 5 minutes and 28 degrees 25 AND MIDWAY ISLAND minutes North latitude and between the meridians of Ex. Ord. No. 11048, Sept. 4, 1962, 27 F.R. 8851, as 177 degrees 10 minutes and 177 degrees 30 minutes West amended by Ex. Ord. No. 13022, § 1, Oct. 31, 1996, 61 F.R. longitude, were placed under the jurisdiction and con- 56875, provided: trol of the Department of the Navy by the provisions of By virtue of the authority vested in me by section 48 Executive Order 199–A of January 20, 1903, and Part II of the Hawaii Omnibus Act (approved July 12, 1960; 74 of Executive Order 11048 of September 4, 1962, and are Stat. 424; P.L. 86–624) [set out above] and section 301 of hereby transferred to the jurisdiction and control of title 3 of the United States Code and as President of the the Department of the Interior. The provisions of Exec- United States, it is hereby ordered as follows: utive Order 199–A of January 20, 1903, and the provi- sions of Executive Order 11048 of September 4, 1962, that PART I—WAKE ISLAND pertain to the Midway Islands are hereby superseded. SECTION 101. The Secretary of the Interior shall be re- SEC. 2. The Midway Islands Naval Defensive Sea Area sponsible for the civil administration of Wake Island and the Midway Islands Naval Airspace Reservation are and all executive and legislative authority necessary hereby dissolved. The provisions of Executive Order for that administration, and all judicial authority re- 8682 of February 14, 1941, as amended by Executive specting Wake Island other than the authority con- Order 8729 of April 2, 1941, are hereby superseded. tained in the act of June 15, 1950 (64 Stat. 217), as SEC. 3. (a) The Secretary of the Interior, through the amended (48 U.S.C. 644a), shall be vested in the Sec- United States Fish and Wildlife Service, shall admin- retary of the Interior. ister the Midway Islands as the National SEC. 102. The executive, legislative, and judicial au- Wildlife Refuge in a manner consistent with Executive thority provided for in section 101 of this order (1) may Order 12996 of March 25, 1996 [16 U.S.C. 668dd note], for be exercised through such agency or agencies of the De- the following purposes: partment of the Interior, or through such officers or (1) maintaining and restoring natural biological di- employees under the jurisdiction of the Secretary of versity within the refuge; the Interior, as the Secretary may direct or authorize, (2) providing for the conservation and management of (2) may be exercised through such agency or agencies, fish and wildlife and their habitats within the refuge; other than or not in the Department of the Interior, or (3) fulfilling the international treaty obligations of through such officers or employees of the United States the United States with respect to fish and wildlife; not under the administrative supervision of the Sec- (4) providing opportunities for scientific research, en- retary, for such time and under such conditions as may vironmental education, and compatible wildlife depend- be agreed upon between the Secretary and such agency, ent recreational activities; and §§ 491 to 503 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 46

(5) in a manner compatible with refuge purposes, Territory’’ or ‘‘Territory’’ as the context required shall recognize and maintain the historic significance whenever reference was made to ‘‘President of the Re- of the Midway Islands consistent with the policy stated public’’ or ‘‘Republic’’ in the laws. in Executive Order 11593 of May 13, 1971 [54 U.S.C. 300101 Section 501, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, note]. continued in effect and transferred to Territory of Ha- (b) The Secretary of the Interior shall be responsible waii prior rights in favor and against the former Re- for the civil administration of the Midway Islands and public of Hawaii and preserved all criminal proceed- all executive and legislative authority necessary for ings. that administration, and all judicial authority respect- Section 502, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, ing the Midway Islands other than the authority con- prohibited suits for specific performance of personal tained in 48 U.S.C. 644a. labor contracts. SEC. 4. Any civil or criminal proceeding that is pend- Section 503, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, ing under the Midway Islands Code, 32 CFR Part 762, provided that contracts made between Apr. 12, 1898, and upon the date of this order, shall remain under the ju- Apr. 30, 1900, providing for service for a definite term, risdiction of the Secretary of the Navy. Actions arising should be null and void. after the date of this order are the responsibility of the Secretary of the Interior and shall be administered pur- § 504. Repealed. June 27, 1952, ch. 477, title IV, suant to regulations promulgated by the Secretary of § 403(a)(6), 66 Stat. 279 the Interior. Section, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, re- SEC. 5. To the extent that any prior Executive order or proclamation is inconsistent with the provisions of lated to applicability of immigration contract labor this order, this order shall control. law. See section 1151 et seq. of Title 8, Aliens and Na- tionality. SEC. 6. Nothing in this order shall be deemed to re- duce, limit, or otherwise modify the authority or re- §§ 505 to 518. Omitted sponsibility of the Attorney General of the United States to represent the legal interests of the United CODIFICATION States in civil or criminal cases arising under the pro- Sections 505 to 518, relating to Territory of Hawaii, visions of 48 U.S.C. 644a. were omitted in view of admission of Hawaii into the WILLIAM J. CLINTON. Union. Section 505, act Apr. 30, 1900, ch. 339, § 11, 31 Stat. 144, DELEGATION OF FUNCTIONS prescribed the style of process in courts. Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under Section 506, act Apr. 30, 1900, ch. 339, §§ 95, 96, 31 Stat. which the functions of the President under section 5(e) 160, made certain fisheries free to United States citi- of the Hawaii Statehood Act of Mar. 18, 1959, [set out zens subject to vested rights. above], were delegated to the Director of the Bureau of Section 507, act Apr. 30, 1900, ch. 339, § 96, 31 Stat. 160, the Budget [now Director of Office of Management and provided for condemnation of private fishing rights. Budget], was superseded by Ex. Ord. No. 11609, July 22, Section 508, acts Apr. 30, 1900, ch. 339, § 97, 31 Stat. 160; 1971, 36 F.R. 13747, set out under section 301 of Title 3, July 1, 1944, ch. 373, title IX, § 913, formerly title VI, The President. § 611, 58 Stat. 714, provided that jurisdiction of health laws remain under the control of Territory of Hawaii. §§ 491 to 503. Omitted Section 509, act Apr. 30, 1900, ch. 339, § 98, 31 Stat. 161, allowed American registry of Hawaiian-registered ves- CODIFICATION sels. Sections 491 to 503, relating to Territory of Hawaii, Section 510, acts Apr. 30, 1900, ch. 339, § 89, 31 Stat. 159; were omitted in view of admission of Hawaii into the Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561; June 29, Union. 1954, ch. 418, 68 Stat. 323, placed control of wharves and Section 491, act Apr. 30, 1900, ch. 339, § 2, 31 Stat. 141, landings under Territory of Hawaii. gave name Territory of Hawaii to Hawaiian Islands. Section 511, acts Apr. 30, 1900, ch. 339, § 91, 31 Stat. 159; Section 492, act Apr. 30, 1900, ch. 339, § 3, 31 Stat. 141, May 27, 1910, ch. 258, § 7, 36 Stat. 447; June 19, 1930, ch. established a Territorial government with its capital at 546, 46 Stat. 789; Aug. 21, 1958, Pub. L. 85–719, § 1, 72 Stat. Honolulu. 709, gave to Territory of Hawaii control of public prop- Section 493, act Apr. 30, 1900, ch. 339, § 1, 31 Stat. 141, erty ceded to United States by Republic of Hawaii and defined ‘‘the laws of Hawaii’’ as used in this chapter. allowed transfer of title to political subdivisions of Section 494, act Apr. 30, 1900, ch. 339, § 4, 31 Stat. 141, Territory. granted United States citizenship to citizens of former Section 512, act May 26, 1906, ch. 2561, 34 Stat. 204, Republic of Hawaii and Territorial citizenship to made provision for sale, lease, or disposal of personal or United States citizens resident in Territory under cer- movable property ceded to the United States. tain conditions. Section 513, act Jan. 14, 1903, ch. 186, §§ 1, 2, 32 Stat. Section 495, acts Apr. 30, 1900, ch. 339, § 5, 31 Stat. 141; 770, called for recoinage of Hawaiian silver coins into May 27, 1910, ch. 258, § 1, 36 Stat. 443; Apr. 12, 1930, ch. subsidiary silver coins of the United States. 136, § 1(a), 46 Stat. 160; June 6, 1932, ch. 209, § 116(b), 47 Section 514, act Jan. 14, 1903, ch. 186, § 3, 32 Stat. 771, Stat. 205, made applicable to Territory the United allowed any collector of customs or internal revenue to States Constitution and all other laws of the United exchange United States coins in his custody for Hawai- States including laws carrying general appropriations. ian coins under regulations of Secretary of the Treas- Section 496, act Apr. 30, 1900, ch. 339, § 6, 31 Stat. 142, ury. continued in force laws of Hawaii not inconsistent with Section 515, act Jan. 14, 1903, ch. 186, § 4, 32 Stat. 771, the Constitution or laws of the United States. allowed recoinage of mutilated or abraded Hawaiian Section 497, act Apr. 30, 1900, ch. 339, § 74, 31 Stat. 155, coins into subsidiary coinage of the United States by continued in force laws of Hawaii relating to agri- any mint of the United States. culture and forestry subject to modification by Con- Section 516, act Jan. 14, 1903, ch. 186, § 6, 32 Stat. 771, gress or the Legislature. made unlawful circulation as money of any silver cer- Section 498, act Apr. 30, 1900, ch. 339, § 102, 31 Stat. 161, tificate issued by government of Hawaiian Islands prior related to abolishment of laws related to postal savings to Jan. 14, 1903. banks. Section 517, act Jan. 14, 1903, ch. 186, § 7, 32 Stat. 771, Section 499, Joint Res. July 7, 1898, No. 55, § 1, 30 Stat. limited redemption of Hawaiian silver certificates or 751, provided for assumption of public debt of Hawaii silver coin to redemption in manner and upon condi- existing on July 7, 1898, not to exceed $4,000,000. tions set for recoinage of Hawaiian silver. Section 500, act Apr. 30, 1900, ch. 339, § 9, 31 Stat. 143, Section 518, act Apr. 30, 1900, ch. 3390, § 105, as added amended the laws of Hawaii to read ‘‘Governor of the July 9, 1921, ch. 42, § 315, 42 Stat. 120, prohibited employ- Page 47 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 561 to 599 ment as a mechanic or laborer on any public work of § 314, 42 Stat. 120, authorized governor to employ a pri- persons not citizens of the United States or eligible for vate secretary at an annual salary of $3,000. such citizenship. § 540. Omitted § 518a. Repealed. July 25, 1947, ch. 327, § 1, 61 Stat. 449 CODIFICATION Section, act Jan. 2, 1942, ch. 646, 55 Stat. 881, related Section, act Apr. 30, 1900, ch. 339, § 75, 31 Stat. 155, to employment of nationals of the United States on which prescribed powers and duties of superintendent public works in Hawaii during the national emergency. of public works, was omitted in view of admission of Hawaii into the Union. § 519. Omitted § 541. Repealed. Pub. L. 96–470, title I, § 110, Oct. CODIFICATION 19, 1980, 94 Stat. 2239 Section, acts Apr. 30, 1900, ch. 339, § 55, 31 Stat. 150; May 27, 1910, ch. 258, § 4, 36 Stat. 444; July 9, 1921, ch. 42, Section, acts Apr. 30, 1900, ch. 339, § 76, 31 Stat. 155; § 302, 42 Stat. 116; June 6, 1926, ch. 512, §§ 1, 2, 44 Stat. 710, Apr. 8, 1904, ch. 948, 33 Stat. 164; Mar. 4, 1913, ch. 141, § 3, 711, which required two-year residence for grant of a di- 37 Stat. 737, prescribed powers and duties of the super- vorce, was omitted in view of admission of Hawaii into intendent of public instruction. the Union. §§ 542 to 546. Omitted § 520. Repealed. Mar. 26, 1934, ch. 88, § 1, 48 Stat. CODIFICATION 467 Sections 542 to 546, relating to Territory of Hawaii, Section, act May 23, 1918, ch. 84, § 1, 40 Stat. 560, pro- were omitted in view of admission of Hawaii into the hibited manufacture, sale, transport, etc., of intoxicat- Union. ing liquors. Section 542, acts Apr. 30, 1900, ch. 339, § 77, 31 Stat. 156; Aug. 1, 1956, ch. 862, § 1, 70 Stat. 920, created posts of §§ 531 to 535. Omitted auditor and deputy auditor and prescribed their powers CODIFICATION and duties. Section 542a, act Apr. 30, 1900, ch. 339, § 77A, as added Sections 531 to 535, relating to Territory of Hawaii, Aug. 1, 1956, ch. 862, § 2, 70 Stat. 920, created position of were omitted in view of admission of Hawaii into the post auditor and set out his duties, term, and powers. Union. Section 543, act Apr. 30, 1900, ch. 339, § 78, 31 Stat. 156, Section 531, acts Apr. 30, 1900, ch. 339, § 66, 31 Stat. 153; prescribed powers and duties of surveyor. July 9, 1921, ch. 42, § 303, 42 Stat. 116, vested executive Section 544, act Apr. 30, 1900, ch. 339, § 79, 31 Stat. 156, power in a governor and set out his age and residence prescribed powers and duties of high sheriff and depu- requirements, appointment, term, and powers in gen- ties. eral. Section 545, act Apr. 30, 1900, ch. 339, § 106, as added Section 532, act Apr. 30, 1900, ch. 339, § 67, 31 Stat. 153, July 9, 1921, ch. 42, § 315, 42 Stat. 121, and amended Aug. made governor responsible for the execution of all laws 14, 1958, Pub. L. 85–650, § 1, 72 Stat. 606, prescribed pow- and granted him other executive powers. Section 533, act Apr. 30, 1900, ch. 339, § 68, 31 Stat. 153, ers and duties of board of harbor commissioners and vested in governor powers and duties of specified called for board supervision of moneys appropriated for former officials. harbor improvements. Section 534, acts Apr. 30, 1900, ch. 339, § 69, 31 Stat. 154; Section 546, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; July 2, 1932, ch. 389, 47 Stat. 565; Aug. 21, 1958, Pub. L. Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. 85–714, 72 Stat. 707, called for appointment of a Sec- 42, § 312, 42 Stat. 119; Aug. 1, 1956, ch. 862, § 1, 70 Stat. 920; retary of Hawaii and set out powers and duties of his Aug. 28, 1958, Pub. L. 85–793, §§ 1, 2, 72 Stat. 957, dealt office. with nomination and appointment of officers by gov- Section 535, act Apr. 30, 1900, ch. 339, § 70, 31 Stat. 154, ernor and provided for their terms and salaries. called for secretary to perform duties of governor in event of governor’s death, removal, resignation, or dis- §§ 561 to 599. Omitted ability. CODIFICATION § 536. Repealed. Pub. L. 86–3, § 14(e), Mar. 18, Sections 561 to 599, relating to Territory of Hawaii, 1959, 73 Stat. 10 were omitted in view of admission of Hawaii into the Union. Section, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; Section 561, act Apr. 30, 1900, ch. 339, § 12, 31 Stat. 144, May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, called for a bicameral legislature for Territory consist- § 314, 42 Stat. 120; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 680, ing of a senate and house of representatives. prescribed salary of governor and secretary of Terri- Section 562, acts Apr. 30, 1900, ch. 339, § 55, 31 Stat. 150; tory of Hawaii, and specified incidental expenses of May 27, 1910, ch. 258, § 4, 36 Stat. 444; July 9, 1921, ch. 42, governor. § 302, 42 Stat. 116; June 9, 1926, ch. 512, §§ 1, 2, 44 Stat. 710, 711; Aug. 1, 1956, ch. 851, § 7, 70 Stat. 907; Aug. 20, 1958, §§ 537, 538. Omitted Pub. L. 85–691, § 3, 72 Stat. 685, described scope of legis- CODIFICATION lative power. Section 562a, act July 15, 1935, ch. 378, § 1, 49 Stat. 479, Sections 537 and 538, relating to Territory of Hawaii, authorized issuance of revenue bonds by legislature and were omitted in view of admission of Hawaii into the empowered legislature to authorize issuance of bonds Union. by political or municipal corporations or subdivisions. Section 537, act Apr. 30, 1900, ch. 339, § 71, 31 Stat. 154, Section 562b, act July 15, 1935, ch. 378, § 2, 49 Stat. 480, prescribed powers and duties of attorney general of Ha- empowered legislature to authorize city and county of waii. Section 538, act Apr. 30, 1900, ch. 339, § 72, 31 Stat. 154, Honolulu to issue flood control bonds. prescribed powers and duties of treasurer of Hawaii. Section 562c, act July 15, 1935, ch. 378, § 3, 49 Stat. 480, approved, ratified, and confirmed issuance of revenue § 539. Repealed. Pub. L. 86–3, § 14(e), Mar. 18, bonds which had been authorized by legislature prior to 1959, 73 Stat. 10 July 15, 1935. Section 562c–1, act Apr. 3, 1944, ch. 154, 58 Stat. 186, Section, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; ratified and confirmed legislative action which had ex- May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, tended time within which revenue bonds could be is- §§ 561 to 599 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 48 sued without presidential approval and without ref- tion bonds by city and county of Honolulu and author- erence to Hawaiian Organic Act. ized issuance of additional bonds, setting a limit on size Section 562c–2, act July 30, 1947, ch. 396, 61 Stat. 676, of such issue. ratified and confirmed legislative action which had ex- Section 562s, act July 14, 1956, ch. 602, § 1, 70 Stat. 545, tended time within which revenue bonds could be is- authorized Territory to issue revenue bonds for high- sued without presidential approval and without ref- way construction payable from funds derived from erence to Hawaiian Organic Act. highway vehicle fuel taxes. Section 562d, act Aug. 31, 1935, ch. 436, § 1, 49 Stat. 516, Section 562t, act July 14, 1956, ch. 602, § 2, 70 Stat. 545, empowered legislature to authorize issuance of revenue set out certain requirements for bonds issued under bonds by political or municipal corporations or subdivi- section 562s. sions of Territory and confirmed and ratified acts of Section 562u, act July 14, 1956, ch. 602, § 3, 70 Stat. 545, legislature prior to Aug. 3, 1935, which authorized issu- allowed application of federal-aid highway funds to aid ance of revenue bonds. in retirement of highway bonds. Section 562e, acts Aug. 3, 1935, ch. 436, § 2, 49 Stat. 517; Section 562v, act July 14, 1956, ch. 602, § 4, 70 Stat. 545, May 28, 1937, ch. 274, 50 Stat. 211; July 10, 1937, ch. 486, defined ‘‘highway fuel taxes’’ as used in sections 50 Stat. 509, authorized Territory to issue public im- 562s–562v. provement bonds. Section 562w, Pub. L. 85–534, § 2, July 18, 1958, 72 Stat. Section 562e–1, act June 29, 1954, ch. 417, 68 Stat. 322, 379, authorized Territory to issue aviation revenue ratified and confirmed Revenue Bond Act of 1935, as bonds, set out requirements and limitations thereof, al- amended, through the 1953 regular session of legisla- lowed for retirement thereof with Federal funds, and ture. defined ‘‘aviation fuel taxes’’. Section 562f, act July 10, 1937, ch. 485, 50 Stat. 508, au- Section 563, acts Apr. 30, 1900, ch. 339, § 56, 31 Stat. 151; thorized issuance of public improvement bonds by Ter- Mar. 3, 1905, ch. 1465, § 1, 33 Stat. 1035, empowered legis- ritory. lature to create town and city municipalities and pro- Section 562g, acts July 10, 1937, ch. 484, 50 Stat. 508; vide for government thereof. July 18, 1950, title II, § 202(a), 64 Stat. 345, authorized Section 564, act Apr. 30, 1900, ch. 339, § 13, 31 Stat. 144, legislature to establish authorities for slum clearance prohibited persons from sitting as senators and rep- and housing projects, made provision for issuance of resentatives in legislature except in conformity with bonds therefor, ratified and confirmed prior legislation statutory provisions therefor. on subject, and provided that powers granted should Section 565, acts Apr. 30, 1900, ch. 339, § 30, 31 Stat. 146; not be in derogation of other powers granted by other Aug. 1, 1956, ch. 851, § 1, 70 Stat. 903, provided for num- laws. ber of senators and for the length of their term. Section 562h, act July 10, 1937, ch. 483, § 1, 50 Stat. 507, Section 566, acts Apr. 30, 1900, ch. 339, § 34, 31 Stat. 147; empowered legislature to authorize city and county of Sept. 15, 1922, ch. 315, 42 Stat. 844, set out age, citizen- Honolulu to issue general obligation bonds to permit ship, and residence requirements of senators. construction of a sewer system. Section 567, act Apr. 30, 1900, ch. 339, § 31, 31 Stat. 146, Section 562i, act July 10, 1937, ch. 483, § 2, 50 Stat. 507, called for filling of vacancies in senate caused by death, dealt with nature of Honolulu sewer system bonds and resignation, or otherwise through general or special provided for their maturity. elections. Section 562j, act July 10, 1937, ch. 483, § 3, 50 Stat. 507, Section 568, acts Apr. 30, 1900, ch. 339, § 32, 31 Stat. 147; ratified and confirmed action taken by legislature in Aug. 1, 1956, ch. 851, § 2, 70 Stat. 903, divided Territory its 1937 session pertaining to issuance of sewer bonds. into senatorial districts. Section 562k, act July 18, 1947, ch. 265, 61 Stat. 381, Section 569, acts Apr. 30, 1900, ch. 339, § 32, 31 Stat. 147; permitted legislature to authorize issue of additional Aug. 1, 1956, ch. 851, § 3, 70 Stat. 903, apportioned sen- general obligation bonds by city and county of Hono- ators between various senatorial districts. lulu for construction of a sewer system and ratified ac- Section 570, acts Apr. 30, 1900, ch. 339, § 35, 31 Stat. 147; tions taken in 1947 session of legislature pertaining to Aug. 1, 1956, ch. 851, § 4, 70 Stat. 903, set out number of issuance of sewer system bonds. representatives and called for their election by quali- Section 562l, act July 15, 1947, ch. 250, 61 Stat. 326, au- fied voters of respective representative districts. thorized and empowered Territory to issue public im- Section 571, acts Apr. 30, 1900, ch. 339, § 40, 31 Stat. 148; provement bonds during 1947–1951 and provided for ma- Sept. 15, 1922, ch. 315, 42 Stat. 844, stated age, citizen- turity of such bonds and their issuance without presi- ship, and residence requirements of representatives. dential approval. Section 572, act Apr. 30, 1900, ch. 339, § 36, 31 Stat. 147, Section 562m, act Oct. 26, 1949, ch. 754, §§ 1–3, 63 Stat. placed term of office of representatives as period be- 926, authorized and empowered Territory to issue public tween their election at a general or special election and improvement bonds during 1949–1955, and provided for next general election held thereafter. their maturity and issuance without presidential ap- Section 573, act Apr. 30, 1900, ch. 339, § 37, 31 Stat. 147, proval. directed that vacancies in house of representatives Section 562n, acts Aug. 24, 1954, ch. 889, §§ 1–3, 68 Stat. caused by death, resignations, or otherwise be filled by 782; July 14, 1956, ch. 606, § 1, 70 Stat. 552; Aug. 20, 1958, special elections. Pub. L. 85–691, § 1, 72 Stat. 685, empowered legislature to Section 574, acts Apr. 30, 1900, ch. 339, § 38, 31 Stat. 147; authorize issuance of general obligation bonds for vet- Aug. 1, 1956, ch. 851, § 5, 70 Stat. 906, divided Territory erans’ mortgages and provided for their limitation, ma- into representative districts. turity, and ratification. Section 575, acts Apr. 30, 1900, ch. 339, § 30, 31 Stat. 148; Section 562o, acts Aug. 24, 1954, ch. 892, §§ 1, 3, 4, 68 Aug. 1, 1956, ch. 851, § 6, 70 Stat. 906, apportioned rep- Stat. 785; July 14, 1956, ch. 606, § 2, 70 Stat. 552; Aug. 20, resentatives between the representative districts. 1958, Pub. L. 85–691, § 2, 72 Stat. 685, ratified and con- Section 576, acts Apr. 30, 1900, ch. 339, §§ 41–43, 31 Stat. firmed issuance of public improvement bonds issued 148; Aug. 20, 1958, Pub. L. 85–690, §§ 1, 2, 72 Stat. 684, set during 1954 to 1959 and limited maturity date of such date for regular and budget sessions, commencement, bonds. duration, and adjournment, and budget session agenda. Section 562p, act Aug. 24, 1954, ch. 896, §§ 1–3, 68 Stat. Section 577, act Apr. 30, 1900, ch. 339, § 44, 31 Stat. 148, 787, empowered legislature to authorize city and county set out enacting clause of all laws and required that all of Honolulu to issue public improvement bonds for con- legislative sessions be conducted in English language. struction of sewerage systems in Honolulu. Section 578, act Apr. 30, 1900, ch. 339, § 45, 31 Stat. 148, Section 562q, act Aug. 24, 1954, ch. 898, §§ 1–3, 68 Stat. required that each law embrace but one subject and 788, empowered legislature to authorize city and county that its subject be expressed in its title. of Honolulu to issue public improvement bonds for con- Section 579, act Apr. 30, 1900, ch. 339, § 46, 31 Stat. 148, struction of flood-control and drainage systems in Hon- covered passage of bills on three readings on separate olulu. days and final passage by a majority vote of all mem- Section 562r, act July 11, 1956, ch. 567, §§ 1–3, 70 Stat. bers to which each house is entitled taken by ayes and 526, ratified and confirmed issuance of general obliga- noes and entered upon journal. Page 49 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 631 to 633

Section 580, act Apr. 30, 1900, ch. 339, § 47, 31 Stat. 149, Section 599, acts Apr. 30, 1910, ch. 339, § 26, 31 Stat. 146; provided for certification of bills by the presiding offi- May 27, 1910, ch. 258, § 2, 36 Stat. 444; July 9, 1921, ch. 42, cer or clerk of the house just passed and immediate § 301, 42 Stat. 115; June 27, 1930, ch. 647, 46 Stat. 824; Aug. submission to other house for consideration. 20, 1958, Pub. L. 85–690, § 4, 72 Stat. 684, set out com- Section 581, act Apr. 30, 1900, ch. 339, § 49, 31 Stat. 149, pensation and additional compensation to be paid made provision for veto or approval of bills and allowed members of legislature. veto of specific items in appropriation bills while re- quiring veto of all other bills only in their entirety. §§ 611 to 620. Omitted Section 582, act Apr. 30, 1900, ch. 339, § 48, 31 Stat. 149, CODIFICATION required signature of governor to make valid all bills passed by legislature except as otherwise provided. Sections 611 to 620, relating to Territory of Hawaii, Section 583, act Apr. 30, 1900, ch. 339, § 50, 31 Stat. 149, were omitted in view of admission of Hawaii into the set out procedure to be followed by legislature in event Union. of a veto by governor. Section 611, act Apr. 30, 1900, ch. 339, § 14, 31 Stat. 144, Section 584, act Apr. 30, 1900, ch. 339, § 51, 31 Stat. 149, called general elections to be held on the Tuesday next set out effect to be given governor’s failure to sign, after first Monday in November, biennially in even- veto, or return a bill passed by legislature and sent to numbered years. him. Section 612, act Apr. 30, 1900, ch. 339, § 15, 31 Stat. 145, Section 585, acts Apr. 30, 1900, ch. 339, § 52, 31 Stat. 149; made each house judge of elections, returns, and quali- May 27, 1910, ch. 258, § 3, 36 Stat. 444, required that ap- fications of its own members. propriation be made by legislature except as otherwise Section 613, act Apr. 30, 1900, ch. 339, §§ 57, 58, 31 Stat. provided. 151, granted each elector a privilege from military duty Section 586, acts Apr. 30, 1900, ch. 339, § 53, 31 Stat. 149; on election day in any way which would deprive him of Aug. 20, 1958, Pub. L. 85–690, § 3, 72 Stat. 684, required his vote except in time of war or public danger and also governor to submit to legislative estimates of appro- granted a privilege from arrest while going to and re- priations for succeeding biennial period or for succeed- turning from attendance at election except in certain ing fiscal year in event of an additional regular session cases. of legislature. Section 614, act Apr. 30, 1900, ch. 339, § 59, 31 Stat. 151, Section 587, act Apr. 30, 1900, ch. 339, § 54, 31 Stat. 150, allowed each voter for representative to vote for as made provision for calling of an extra session of the many representatives as would be elected from rep- legislature and payment by treasurer of current ex- resentative district in which voter was entitled to vote penses in event of failure of legislature to pass appro- and gave posts of representatives to those candidates priation bills covering necessary current expenses. receiving highest number of votes. Section 588, acts Apr. 30, 1900, ch. 339, § 16, 31 Stat. 145; Section 615, act Apr. 30, 1900, ch. 339, § 61, 31 Stat. 152, Oct. 26, 1949, ch. 752, 63 Stat. 926, prohibited appoint- allowed each voter to cast one vote for senator to be ment or election of a member of legislature to any of- elected from district in which voter could vote and fice of Territory during term for which he was elected. called for required numbers of candidates receiving Section 589, act Apr. 30, 1900, ch. 339, § 17, 31 Stat. 145, highest number of votes to become senators for their made ineligible to hold office of member of legislature districts. any person holding office in or under or by authority of Section 616, act Apr. 30, 1900, ch. 339, § 62, 31 Stat. 152, Government of United States or Territory of Hawaii. Section 590, act Apr. 30, 1900, ch. 339, § 18, 31 Stat. 145, made qualifications for voters for senator and for all made ineligible to vote for or hold office in legislature other elections same as qualifications for voters cast- all idiot or insane persons, persons expelled from legis- ing votes for representative. lature for bribery, and persons convicted of criminal of- Section 617, acts Apr. 30, 1900, ch. 339, § 60, 31 Stat. 151; fenses punishable by imprisonment for a term exceed- June 26, 1930, ch. 620, 46 Stat. 818, set out qualifications ing one year unless person was convicted and subse- required for an elector to vote for representative. Section 618, act June 13, 1918, ch. 97, §§ 1, 2, 4, 40 Stat. quently had his civil rights restored. Section 591, act Apr. 30, 1900, ch. 339, § 19, 31 Stat. 145, 604, authorized extension of franchise to women, and prescribed oath to be taken by legislators and terri- was repealed by act Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. torial officers. See Const. Amend. 19. Section 592, act Apr. 30, 1900, ch. 339, § 20, 31 Stat. 145, Section 619, act Apr. 30, 1900, ch. 339, § 63, 31 Stat. 152, called for senate and house of representatives to choose prevented from voting all persons who were in Hawaii their own officers, determine rules and keep a journal. by reason of being in Army or Navy or being attached Section 593, act Apr. 30, 1900, ch. 339, § 21, 31 Stat. 145, to troops of the United States. required that, at desire of one-fifth of members present, Section 619a, act Apr. 30, 1900, ch. 339, § 64, 31 Stat. 152, ayes and noes of members be entered on journal. continued in force rules and regulations for administer- Section 594, act Apr. 30, 1900, ch. 339, §§ 22–24, 31 Stat. ing oaths and holding elections. 145, set out attendance required for a quorum of each Section 620, act Apr. 30, 1900, ch. 339, § 65, 31 Stat. 153, house of legislature, votes required for final passage of authorized legislature to establish and alter boundaries a law, adjournment, absentees, and a count of members of election districts and voting precincts and apportion present by chairman. senators and representatives to be elected from such Section 595, act Apr. 30, 1900, ch. 339, § 28, 31 Stat. 146, districts. granted members of legislature a privilege for any word uttered in exercise of their legislative functions in ei- §§ 631 to 633. Omitted ther house. CODIFICATION Section 596, act Apr. 30, 1900, ch. 339, § 27, 31 Stat. 146, authorized each house of legislature to punish its mem- Sections 631 to 633, relating to Territory of Hawaii, bers by censure for disorderly behavior or neglect of were omitted in view of admission of Hawaii into the duty and to suspend or expel its members by a two- Union. thirds vote. Section 631, act Apr. 30, 1900, ch. 339, § 81, 31 Stat. 157, Section 597, act Apr. 30, 1900, ch. 339, § 25, 31 Stat. 146, made provision for vesting of judicial power in courts authorized each house to punish non-members for con- and continued in force the courts’ jurisdiction and pro- tempt but granted a person so charged right to be in- cedure previously in force. formed of charges, present evidence, and be heard in his Section 632, acts Apr. 30, 1900, ch. 339, § 82, 31 Stat. 157; own defense. June 15, 1950, ch. 250, 64 Stat. 216, set out size and orga- Section 598, act Apr. 30, 1900, ch. 339, § 29, 31 Stat. 146, nization of supreme court, appointment and qualifica- granted members of legislature a privilege from arrest, tions of its members, and provisions for filling of va- except in cases of treason, felony, or breach of peace, cancies therein. during their attendance at sessions in their respective Section 633, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; houses. Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. §§ 634, 634a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 50

42, § 312, 42 Stat. 119; May 9, 1956, ch. 237, § 1, 70 Stat. 130, § 644a. Jurisdiction of district court of cases aris- called for presidential appointment of members of su- ing on or within Midway, Wake, Johnston, preme court and circuit courts and set tenure and Sand, etc., Islands; laws applicable to jury qualifications of judges. trials §§ 634, 634a. Repealed. Pub. L. 86–3, § 14(e), Mar. The jurisdiction of the United States District 18, 1959, 73 Stat. 10 Court for the District of Hawaii is extended to all civil and criminal cases arising on or within Section 634, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, the Midway Islands, Wake Island, Johnston Is- § 314, 42 Stat. 120, related to salaries of justices of su- land, Sand Island, Kingman Reef, Palmyra Is- preme court and circuit courts. land, Baker Island, , Jarvis Is- Section 634a, acts May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. land, and, having regard to the special status of 997; Apr. 30, 1956, ch. 226, § 1, 70 Stat. 123, related to sala- Canton and Enderbury Islands pursuant to an ries of justices of supreme court and circuit courts. agreement of April 6, 1939, between the Govern- ments of the United States and of the United §§ 634b, 634c. Repealed. June 25, 1948, ch. 646, Kingdom to set up a regime for their use in com- § 39, 62 Stat. 992 mon, the said jurisdiction is also extended to all Section 634b, acts May 31, 1938, ch. 301, § 1, 52 Stat. 591; civil and criminal cases arising on or within Apr. 16, 1946, ch. 139, § 1, 60 Stat. 90, related to retire- Canton Island and Enderbury Island: Provided, ment of justices and judges. That such extension to Canton and Enderbury Section 634c, acts May 31, 1938, ch. 301, § 2, 52 Stat. 591; Islands shall in no way be construed to be preju- Apr. 16, 1946, ch. 139, § 2, 60 Stat. 90, related to computa- dicial to the claims of the United Kingdom to tion of years of service. said islands in accordance with the agreement. All civil acts and deeds consummated and tak- §§ 635, 636. Omitted ing place on any of these islands or in the waters CODIFICATION adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adja- Sections 635 and 636, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the cent thereto, shall be deemed to have been con- Union. summated or committed on the high seas on Section 635, acts Apr. 30, 1900, ch. 339, § 83, 31 Stat. 157; board a merchant vessel or other vessel belong- Apr. 1, 1952, ch. 127, § 1, 66 Stat. 32, continued in force ing to the United States and shall be adju- all laws relating to judicial departments and procedure, dicated and determined or adjudged and pun- but made certain changes with reference to member- ished according to the laws of the United States ship qualifications for membership on juries. relating to such civil acts or offenses on such Section 636, acts Apr. 30, 1900, ch. 339, § 84, 31 Stat. 157; ships or vessels on the high seas, which laws for May 27, 1910, ch. 258, § 6, 36 Stat. 447, set out standards for disqualification of jurors who were related by affin- the purpose aforesaid are extended over such is- ity or consanguinity with a person interested in case lands, rocks, and keys. being tried and for disqualification of judges in certain The laws of the United States relating to ju- cases. ries and jury trials shall be applicable to the trial of such cases before said district court. §§ 641 to 644. Repealed. June 25, 1948, ch. 646, (June 15, 1950, ch. 253, 64 Stat. 217; Pub. L. 86–3, §§ 8, 39, 62 Stat. 986, 992 § 14(j), Mar. 18, 1959, 73 Stat. 11; Pub. L. 86–624, Section 641, acts Apr. 30, 1900, ch. 339, § 86(a), (d), 31 § 19, July 12, 1960, 74 Stat. 416.) Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 AMENDMENTS Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1960—Pub. L. 86–624 struck out Kure Island. 1946, ch. 704, § 1, 60 Stat. 716, related to district court, 1959—Pub. L. 86–3 extended jurisdiction to cases aris- sessions, powers, terms. See section 81 et seq. of Title ing on or within Palmyra Island. 28, Judiciary and Judicial Procedure. Section 642, acts Apr. 30, 1900, ch. 339, § 86(c), 31 Stat. EFFECTIVE DATE OF 1959 AMENDMENT 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. Amendment by Pub. L. 86–3 effective on admission of 231, § 291, 36 Stat. 167; July 9, 1921, ch. 42, § 313, 42 Stat. the State of Hawaii into the Union, see note set out 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to juris- under section 91 of Title 28, Judiciary and Judicial Pro- diction of district court and authority of officers. See cedure. Admission of Hawaii into the Union was accom- sections 81 et seq., 451 et seq., 501 et seq., 531 et seq., plished Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. and 1331 et seq. of Title 28. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections Section 642a, acts Aug. 13, 1940, ch. 662, 54 Stat. 784; 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set Apr. 29, 1948, ch. 241, § 1, 62 Stat. 204, related to jurisdic- out as notes preceding section 491 of this title. tion of cases arising on Midway, Wake, Johnston, etc., Islands. See section 91 of Title 28. CANTON AND ENDERBURY ISLANDS; SOVEREIGNTY OF Section 643, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; KIRIBATI Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; July 9, 1921, ch. 42, By a treaty of friendship, TIAS 10777, which entered § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, re- into force Sept. 23, 1983, the United States recognized lated to appointment and term of office of judges, dis- the sovereignty of Kiribati over Canton Island and trict attorney, and marshal. See sections 133, 134, 501, Enderbury Island. 504, and 541 of Title 28. Section 644, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; § 645. Repealed. Pub. L. 86–3, § 14(f), Mar. 18, Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 4, 1921, ch. 161, 1959, 73 Stat. 10 § 1, 41 Stat. 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3, Section, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; 1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 11, 1911, ch. 43 Stat. 890, related to appointment and salaries of 231, § 291, 36 Stat. 167; Mar. 4, 1920, ch. 161, § 1, 41 Stat. clerks, deputy clerks and reporters. See sections 604, 1412; July 9, 1921, ch. 42, § 313, 42 Stat. 119; June 1, 1922, 751, and 753 of Title 28. ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title Page 51 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 661 to 678

II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. prescribed limitations on alienation of public lands for 13, 1926, ch. 6, § 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, § 1, which certificates of occupancy have been issued. Sec- 45 Stat. 54; July 31, 1946, ch. 704, § 1, 60 Stat. 716; June tion was also classified to section 1510 of this title. 25, 1948, ch. 646, §§ 8, 39, 62 Stat. 986, 992, related to re- Section 669, acts Apr. 30, 1900, ch. 339, § 73(h), 31 Stat. moval of causes and appeal. See section 91 of Title 28, 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1919, ch. 258; Judiciary and Judicial Procedure and notes thereunder. § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118, set out provisions for forfeiture of lands for noncompliance § 646. Repealed. June 25, 1948, ch. 646, § 39, 62 with prior provisions. Stat. 992 Section 670, acts Apr. 30, 1900, ch. 339, § 73(i), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, Section, act Apr. 30, 1900, ch. 339, § 86a, as added June § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118; 19, 1939, ch. 211, 53 Stat. 841, related to rules in civil ac- July 27, 1939, ch. 383, § 1, 53 Stat. 1126; July 9, 1952, ch. tions. See section 2072 of Title 28, Judiciary and Judi- 617, 66 Stat. 515; Apr. 6, 1956, ch. 180, § 1, 70 Stat. 102; cial Procedure. Aug. 1, 1956, ch. 854, 70 Stat. 918, determined persons en- titled to take under certificates of occupation, lease or § 651. Omitted agreement. CODIFICATION Section 671, acts Apr. 30, 1900, ch. 339, § 73(j), 31, Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, Section, acts Apr. 30, 1900, ch. 339, § 85, 31 Stat. 158; § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 306, 42 Stat. 118, June 28, 1906, ch. 3582, 34 Stat. 550, which provided for gave commissioner, with approval of governor, right to the election of a Delegate to the House of Representa- give preferences in purchasing of public lands. Section tives of the United States to serve during each Con- was also classified to section 1511 of this title. gress, was omitted in view of the admission of Hawaii Section 672, acts Apr. 30, 1900, ch. 339, § 73(k), 31 Stat. into the Union. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 307, 42 Stat. 118, §§ 661 to 678. Omitted gave commissioner, with approval of governor, power to issue patents to churches or religious organizations. CODIFICATION Section was also classified to section 1512 of this title. Sections 661 to 678, relating to Territory of Hawaii, Section 673, acts Apr. 30, 1900, ch. 339, § 73(l), 31 Stat. were omitted in view of admission of Hawaii into the 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, Union. § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 308, 42 Stat. 118; Section 661, act July 7, 1898, No. 55, § 1, 30 Stat. 750, Aug. 7, 1946, ch. 771, 60 Stat. 871; July 9, 1952, ch. 616, § 1, provided that Congress of the United States shall enact 66 Stat. 514; Apr. 6, 1956, ch. 185, § 1, 70 Stat. 104; Aug. special laws for management and disposition of public 21, 1958, Pub. L. 85–718, 72 Stat. 709; Aug. 28, 1958, Pub. lands. L. 85–803, § 2, 72 Stat. 971, created board of public lands Section 662, act Apr. 30, 1900, ch. 339, § 99, 31 Stat. 161, and set restrictions upon sale and lease of agricultural which declared to be property of Hawaiian Government lands and exchange of lands. portion of public domain known prior to April 30, 1900, Section 674, acts Apr. 30, 1900, ch. 339, § 73(m), 31 Stat. as Crown land. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56, May 27, 1910, ch. 258, Section 663, acts Apr. 30, 1900, ch. 339, § 73(a), (b), 31 § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 309, 42 Stat. 119, Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, opened agricultural lands for settlement. ch. 42, § 304, 42 Stat. 116, defined ‘‘public lands’’, ‘‘com- Section 675, acts Apr. 30, 1900, ch. 339, § 73(n), (p), 31 missioner’’, ‘‘land board’’, and ‘‘person’’, and incor- Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, porated by reference certain other defined terms. ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, §§ 310, 311, 42 Section 664, acts Apr. 30, 1900, ch. 339, § 73(c), 31 Stat. Stat. 119, provided for survey and opening of homestead 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, entry agricultural lands. § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, de- Section 676, acts Apr. 30, 1900, ch. 339, § 73(o), 31 Stat. clared that laws of Hawaii relating to public lands, set- 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, tlement of boundaries and issuance of patents on land § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 310, 42 Stat. 119, commission awards, shall continue in force until Con- permitted any person under a general lease from Terri- gress shall otherwise provide. tory, to continue in possession of such land after expi- Section 664a, act Sept. 26, 1941, ch. 426, § 1, 55 Stat. 734, ration of lease until such time as homesteader takes ratified Hawaiian realty transactions consummated on actual possession thereof under any form of homestead or before November 25, 1941. agreement. Section 664b, act Sept. 26, 1941, ch. 426, § 2, 55 Stat. 734, provided that realty transaction so ratified shall be Section 677, acts Apr. 30, 1900, ch. 399, § 73(q), 31 Stat. deemed and held to be perfect and valid from day of 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, date thereof. § 5, 36 Stat. 447; July 9, 1921, ch. 42, § 311, 42 Stat. 119; Section 665, acts Apr. 30, 1900, ch. 339, § 73(d), 31 Stat. Aug. 21, 1941, ch. 394, § 1, 55 Stat. 658; July 18, 1958, Pub. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, L. 85–534, § 1, 72 Stat. 379; Aug. 14, 1958, Pub. L. 85–650, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117; § 2, 72 Stat. 606, improved commissioner with control, Aug. 28, 1958, Pub. L. 85–803, § 1, 72 Stat. 971, prescribed management, and disposition of public lands and in- terms and conditions of leases on public lands. cluded within this making of leases by Hawaiian Aero- Section 666, acts Apr. 30, 1900, ch. 339, § 73(e), 31 Stat. nautics commission. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, Section 677–1, act Apr. 30, 1900, ch. 339, § 73(r), as added § 304, 42 Stat. 117, directed that all funds arising from Aug. 1, 1956, ch. 820, § 1, 70 Stat. 785, provided for dis- sale or lease of public lands be appropriated by laws of position of remnants of public lands. government of the territory of Hawaii. Section 677a, act Apr. 30, 1900, ch. 339, § 73(par.), as Section 667, acts Apr. 30, 1900, ch. 339, § 73(f), 31 Stat. added June 12, 1940, ch. 336, § 1, 54 Stat. 345, provided for 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, reamortization of indebtedness under homestead agree- § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, set ments. out requirements for those who would be entitled to re- Section 677b, act Apr. 30, 1900, ch. 339, § 73(par.), as ceive any certificate of occupation, right of purchase added June 12, 1940, ch. 336, § 1, 54 Stat. 346, provided for lease, cash freehold agreement, or special homestead refunds on account of reamortization of homestead agreement. Section was also classified to section 1509 of agreements. this title. Section 678, act Apr. 30, 1900, ch. 339, § 107, as added Section 668, acts Apr. 30, 1900, ch. 339, § 73(g), 31 Stat. July 9, 1921, ch. 42, § 315, 42 Stat. 121, cited the Act of 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, April 30, 1900, ch. 339, 31 Stat. 141, as the ‘‘Hawaiian Or- § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, ganic Act’’. §§ 691 to 718 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 52

§§ 691 to 718. Omitted Section 707, acts July 9, 1921, ch. 42, title II, § 213, 42 Stat. 112; Feb. 3, 1923, ch. 56, § 2, 42 Stat. 1222; Mar. 7, CODIFICATION 1928, ch. 142, § 2, 45 Stat. 246; Nov. 26, 1941, ch. 544, § 4, 55 Sections 691 to 718, relating to Territory of Hawaii, Stat. 784; June 14, 1948, ch. 464, § 3, 62 Stat. 390; July 9, were omitted in view of admission of Hawaii into the 1952, ch. 615, §§ 1, 2, 66 Stat. 514; Aug. 21, 1958, Pub. L. Union. 85–708, 72 Stat. 705, established in Treasury of Territory Section 691, act July 9, 1921, ch. 42, title I, § 1, 42 Stat. two revolving funds to be known as Hawaiian home- 108, cited sections 691–704 and 705–716 of this title, as the loan fund and Hawaiian home-operating fund, and two ‘‘Hawaiian Homes Commission Act, 1920’’. special funds to be known as Hawaiian home-develop- Section 692, acts July 9, 1921, ch. 42, title II, § 201, 42 ment fund and Hawaiian home administration account. Stat. 108; June 18, 1954, ch. 321, § 2, 68 Stat. 263, defined Section 707a, act July 9, 1921, ch. 42, title II, § 225, as ‘‘Commission’’, ‘‘public lands’’, ‘‘fund’’, ‘‘Territory’’, added Nov. 26, 1941, ch. 544, § 8, 55 Stat. 787, and amend- ‘‘Hawaiian home lands’’, ‘‘tract’’, ‘‘native Hawaiian’’ ed June 14, 1948, ch. 464, § 9, 62 Stat. 394, gave Commis- and ‘‘irrigated pastoral land’’ as used in ‘‘Hawaiian sion power to invest and reinvest any of moneys in loan Homes Commission Act, 1920’’. fund. Section 693, acts July 9, 1921, ch. 42, title II, § 202, 42 Section 708, act July 9, 1921, ch. 42, title II, § 214, 42 Stat. 109; July 26, 1935, ch. 420, § 1, 49 Stat. 504; May 31, Stat. 112, authorized Commission to make loans from 1944, ch. 216, § 1, 58 Stat. 260; July 9, 1952, ch. 618, §§ 1, 3, fund to lessee of any tract or successor to his interest 66 Stat. 515, 516, established Hawaiian Homes Commis- therein. sion. Section 709, acts July 9, 1921, ch. 42, title II, § 215, 42 Section 694, acts July 9, 1921, ch. 42, title II, § 222, 42 Stat. 112; Feb. 3, 1923, ch. 56, § 3, 42 Stat. 1222; July 10, Stat. 115; Nov. 26, 1941, ch. 544, § 7, 55 Stat. 787; June 14, 1937, ch. 482, 50 Stat. 505; Nov. 26, 1941, ch. 544, § 5, 55 1948, ch. 646, § 8, 62 Stat. 394, empowered commission to Stat. 785; June 14, 1948, ch. 464, §§ 4, 5, 62 Stat. 392; July make such regulations and with approval of Governor, 9, 1952, ch. 616, §§ 3, 4, 66 Stat. 514, set up conditions to such expenditures as are necessary to efficient execu- be followed in contracts of loan. tion of his office. Section 710, acts July 9, 1921, ch. 42, title II, § 216, 42 Section 695, act July 9, 1921, ch. 42, title II, § 222, 42 Stat. 113; July 10, 1937, ch. 482, 50 Stat. 506; June 14, Stat. 115, required commission to make a biennial re- 1948, ch. 464, § 6, 62 Stat. 393, gave Commission power to port to legislature of Territory. require borrower to insure all livestock and dwellings Section 696, act July 9, 1921, ch. 42, title II, § 222, 42 and other permanent improvements upon his tract pur- Stat. 115, directed that executive officer and secretary chased or constructed out of any moneys loaned from give bond for faithful performance of his duties. fund. Section 697, acts July 9, 1921, ch. 42, title II, § 203, 42 Section 711, act July 9, 1921, ch. 42, title II, § 217, 42 Stat. 109; May 16, 1934, ch. 290, § 1, 48 Stat. 777; Aug. 29, Stat. 113, gave Commission power to bring an eject- 1935, ch. 810, § 1, 49 Stat. 966; July 10, 1937, ch. 482, 50 ment action against lessee or borrower for noncompli- Stat. 497; Nov. 26, 1941, ch. 544, § 1, 55 Stat. 782; May 31, ance with Commission orders. 1944, ch. 216, § 2, 58 Stat. 260; June 3, 1948, ch. 384, 62 Section 712, act July 9, 1921, ch. 42, title II, § 218, 42 Stat. 295; June 3, 1948, ch. 397, 62 Stat. 303; July 9, 1952 Stat. 114, provided that lessees of land were not to re- ch. 614, §§ 1, 2, 66 Stat. 511, designated certain lands in ceive loans under Territorial Farm Land. Territory as ‘‘available land’’. Section 713, act July 9, 1921, ch. 42, title II, § 219, 42 Section 698, acts July 9, 1921, ch. 42, title II, § 204, 42 Stat. 114, authorized Commission to employ agricul- Stat. 110; Mar. 7, 1928, ch. 142, § 1, 45 Stat. 246; July 10, tural experts. 1937, ch. 482, 50 Stat. 503; Feb. 20, 1954, ch. 10, § 1, 68 Stat. Section 714, acts July 9, 1921, ch. 42, title II, § 220, 42 116; June 18, 1954, ch. 319, § 1, 68 Stat. 262, provided that Stat. 114; July 10, 1937, ch. 482, 50 Stat. 507; Nov. 26, 1941, after July 9, 1921, all available lands would assume ch. 544, § 6, 55 Stat. 786; June 14, 1948, ch. 464, § 7, 62 Stat. status of Hawaiian home lands and be under control of 393; Aug. 1, 1956, ch. 855, § 1, 70 Stat. 915, authorized Commission. Commission to undertake development projects. Section 699, act July 9, 1921, ch. 42, title II, § 205, 42 Section 715, acts July 9, 1921, ch. 42, title II, § 221, 42 Stat. 110, provided for sale or lease of available lands. Section 700, act July 9, 1921, ch. 42, title II, § 206, 42 Stat. 114; Aug. 1, 1956, ch. 855, §§ 2, 3, 70 Stat. 915, defined Stat. 110, declared that available lands were not subject ‘‘water license’’ and ‘‘surplus water’’, subjected water to disposition by Governor, Commissioner of Public licenses issued after July 9, 1921, to Commission and Lands, or Board of Public Lands. authorized Commission to use free of all charge, Gov- Section 701, acts July 9, 1921, ch. 42, title II, § 207, 42 ernment-owned water. Stat. 110; Feb. 3, 1923, ch. 56, § 1, 42 Stat. 1122; May 16, Section 715a, act July 9, 1921, ch. 42 title II, § 224, as 1934, ch. 290, § 2, 48 Stat. 779; July 10, 1937, ch. 482, 50 added July 26, 1935, ch. 420, § 2, 49 Stat. 505, authorized Stat. 504; May 31, 1944, ch. 216, §§ 3, 4, 58 Stat. 264; June Secretary of the Interior to designate a sanitation and 14, 1948, ch. 464, §§ 1, 2, 62 Stat. 390; June 18, 1954, ch. 321, reclamation expert. § 1, 68 Stat. 263; Aug. 23, 1958, Pub. L. 85–733, 72 Stat. 822, Section 716, act July 9, 1921, ch. 42 title II, § 223, 42 authorized Commission to lease lands to native Hawai- Stat. 115, reserved right in Congress, to alter, amend, ians. or repeal provisions of sections 691 to 704 and 705 to 716 Section 702, acts July 9, 1921, ch. 42, title II, § 208, 42 of this title. Stat. 111; July 10, 1937, ch. 482, 50 Stat. 504; Nov. 26, 1941, Section 717, act July 9, 1921, ch. 42, § 401, 42 Stat. 121, ch. 544, § 2, 55 Stat. 783; Aug. 21, 1958, Pub. L. 85–710, § 1, related to acts repealed. 72 Stat. 706, set up certain conditions to be included in Section 718, act July 9, 1921, ch. 42, § 402, 42 Stat. 121, leases of lands by Commission. related to savings provisions. Section 703, acts July 9, 1921, ch. 42, title II, § 209, 42 Stat. 111; July 10, 1937, ch. 482, 50 Stat. 504; Nov. 26, 1941, §§ 721 to 723. Omitted ch. 544, § 3, 55 Stat. 783; July 9, 1952, ch. 614, § 4, 66 Stat. CODIFICATION 514, established rules governing successors to lessees. Section 704, act July 9, 1921, ch. 42, title II, § 210, 42 Sections 721 to 723, relating to Territory of Hawaii, Stat. 111, gave Commission power to cancel leases. were omitted in view of admission of Hawaii into the Section 704a, acts May 16, 1934, ch. 200, § 3, 48 Stat. 779; Union. July 9, 1952, ch. 614, § 3, 66 Stat. 513, gave a preference Section 721, acts July 18, 1950, ch. 466, title I, § 101, 64 to residents in leasing of lands. Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), (7), (9), 69 Section 705, act July 9, 1921, ch. 42, title II, § 211, 42 Stat. 637, 638, authorized Hawaiian government to un- Stat. 112, provided for community pastures adjacent to dertake slum clearance and urban redevelopment and each district in which agricultural lands were leased. renewal projects. Section 706, act July 9, 1921, ch. 42, title II, § 212, 42 Section 721a, acts July 18, 1950, ch. 466, title I, § 102, Stat. 112, gave Commission power to return lands not 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), 69 Stat. leased to control of Commissioner of Public Lands. 637, authorized government of Hawaii to assist slum Page 53 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 731 clearance and urban redevelopment projects through Sec. cash donations, loans conveyances of real and personal 750. Repealed. property, facilities and services. 751. Interstate commerce and certain other laws Section 721b, act July 18, 1950, ch. 466, title I, § 103, 64 inapplicable to Puerto Rico. Stat. 345, ratified all legislation enacted by Legislature 752. Corporate real estate holdings. of Territory of Hawaii dealing with subject matter of 753 to 755. Repealed or Omitted. sections 721 to 722 of this title. SUBCHAPTER II—THE EXECUTIVE AND Section 722, acts July 10, 1937, ch. 484, 50 Stat. 508; GOVERNMENT OFFICIALS July 18, 1950, title II, § 202(a), 64 Stat. 345, gave Legisla- ture of Territory of Hawaii power to create public cor- 771 to 793b. Repealed. porate authorities to engage in slum clearance, or 794. Official reports. housing undertaking. 795. Government expenses payable out of reve- Section 723, act June 27, 1934, ch. 847, § 214, as added nues. Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, re- 796 to 799. Repealed. lated to insurance of mortgages on property in Hawaii. SUBCHAPTER III—THE LEGISLATURE See section 1715d of Title 12, Banks and Banking. 811 to 820. Repealed. § 724. Repealed. Aug. 2, 1954, ch. 649, title II, 821. Legislative power. § 205, 68 Stat. 622 822 to 844. Repealed or Omitted. 845. Income tax laws; modification or repeal by Section, acts Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58; legislature. June 30, 1953, ch. 170, § 25(b), 67 Stat. 128, related to pur- chase of insured mortgage loans by Federal National SUBCHAPTER IV—THE JUDICIARY Mortgage Association, with respect to property in Ha- 861 to 863. Repealed or Omitted. waii. 864. Appeals, certiorari, removal of causes, etc.; use of English language. CHAPTER 4—PUERTO RICO 865 to 867. Repealed or Omitted. SUBCHAPTER I—GENERAL PROVISIONS 868. Fees part of United States revenues. 869. Fees payable by United States out of revenue Sec. of Puerto Rico. 731. Territory included under name Puerto Rico. 870, 871. Repealed or Omitted. 731a. Change of name; Puerto Rico. 731b. Organization of a government pursuant to a 872. Habeas corpus; mandamus; suit to restrain constitution. assessment or collection of taxes. 731c. Submission of sections 731b to 731e of this 873, 873a. Repealed. title to people of Puerto Rico for referen- 874. Judicial process; officials to be citizens of dum; convening of constitutional conven- United States; oath. tion; requisites of constitution. 875, 876. Repealed. 731d. Ratification of constitution by Congress. SUBCHAPTER V—RESIDENT COMMISSIONER 731e. Chapter continued in force and effect. 732. Repealed. 891. Resident Commissioner; election. 733. Citizens; former Spanish subjects and chil- 892. Qualifications of Commissioner; appointment dren; body politic; name. to fill vacancy. 733a. Citizens; residence in island of citizens of 893. Salary of Commissioner; allowances; franking United States. privilege. 733a–1, 733b. Repealed or Omitted. 894. Salary and traveling expenses; payment. 734. United States laws extended to Puerto Rico; SUBCHAPTER VI—SLUM CLEARANCE AND URBAN internal revenue receipts covered into REDEVELOPMENT PROJECTS treasury. 734a. Extension of industrial alcohol and internal 910. Slum clearance and urban redevelopment and revenue laws to Puerto Rico. renewal projects; powers of government. 735. Repealed. 910a. Authorization of loans, conveyances, etc., by 736. Puerto Rican law modified. government and municipalities. 737. Privileges and immunities. 910b. Ratification of prior acts. 738. Free interchange of merchandise with United SUBCHAPTER VII—LOW RENT HOUSING PROJ- States. 739. Duties on foreign imports; books and pam- ECTS AND ELIMINATION OF SUB-STANDARD phlets in English language. HOUSING 740. Duties and taxes to constitute fund for bene- 911. Legislative authorization to create authori- fit of Puerto Rico; ports of entry. ties. 741. Export duties, taxes, etc.; bonds to anticipate 912. Authority to appoint commissioners; powers revenues. of authorities. 741a. Internal-revenue taxes; levy and collection; 913. Authorization of loans, conveyances, etc., by discrimination. municipalities. 742. Acknowledgment of deeds. 914. Issuance of bonds and obligations. 743. Repealed. 915. Bonds as public debt. 744. Coasting trade laws. 916. Ratification of previous legislation. 745. Tax exempt bonds. 745a. Public improvement bonds sold to United SUBCHAPTER I—GENERAL PROVISIONS States or agency thereof excluded from pub- lic indebtedness. § 731. Territory included under name Puerto 745b. Refunding bonds excluded temporarily in Rico computing indebtedness. 746. Public lands and buildings; reservations; The provisions of this chapter shall apply to rights prior to July 1, 1902. the island of Puerto Rico and to the adjacent is- 747. Public property transferred; ‘‘control’’ de- lands belonging to the United States and waters fined. 748. Conveyance by President to people of lands, of those islands; and the name Puerto Rico, as buildings, etc. used in this chapter, shall be held to include not 749. Harbors and navigable waters transferred; only the island of that name, but all the adja- definitions. cent islands as aforesaid. § 731a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 54

(Mar. 2, 1917, ch. 145, § 1, 39 Stat. 951; May 17, tions for the islands’ future status and the process for 1932, ch. 190, 47 Stat. 158.) realizing an option. Further, it is our policy to consider and develop positions on proposals, without preference REFERENCES IN TEXT among the options, for the Commonwealth’s future status; to discuss such proposals with representatives This chapter, referred to in text, was in the original of the people of Puerto Rico and the Congress; to work ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. with leaders of the Commonwealth and the Congress to 951, as amended, known as the Puerto Rican Federal clarify the options to enable Puerto Ricans to deter- Relations Act and also popularly known as the Jones mine their preference among options for the islands’ fu- Act, which is classified principally to this chapter. For ture status that are not incompatible with the Con- complete classification of this Act to the Code, see stitution and basic laws and policies of the United Short Title note set out below and Tables. States; and to implement such an option if chosen by PRIOR PROVISIONS a majority, including helping Puerto Ricans obtain a governing arrangement under which they would vote Provisions similar to those in this section were con- for national government officials, if they choose such a tained in act Apr. 12, 1900, ch. 191, 31 Stat. 77, which is status. It is also the policy of the executive branch to popularly known as the ‘‘Foraker Act’’ and also as the improve the treatment of Puerto Rico in Federal pro- ‘‘Puerto Rico Civil Code’’. grams and to promote job creation, education, health Section 1 of act Apr. 12, 1900, was similar to this sec- care, clean energy, and economic development on the tion, except that it described the adjacent islands and islands. waters of those islands as those lying east of the sev- SEC. 2. The President’s Task Force on Puerto Rico’s enty-fourth meridian of longitude west of Greenwich, Status. There is established a task force to be known as which were ceded to the United States by the Govern- ‘‘The President’s Task Force on Puerto Rico’s Status’’ ment of by the treaty of Dec. 10, 1898, 30 Stat. (Task Force). It shall be composed of designees of each 1754. member of the President’s Cabinet and the Deputy As- sistant to the President and Director for Intergovern- CHANGE OF NAME mental Affairs. The Task Force shall be co-chaired by the Attorney General’s designee and the Deputy Assist- ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ ant to the President and Director for Intergovern- pursuant to act May 17, 1932, which is classified to sec- mental Affairs. tion 731a of this title. SEC. 3. Functions. The Task Force shall seek to imple- SHORT TITLE ment the policy set forth in section 1 of this order. The Task Force shall ensure official attention to and facili- Act July 3, 1950, ch. 446, § 4, 64 Stat. 319, provided, in tate action on matters related to proposals for Puerto part, that the act of Mar. 2, 1917, ch. 145, 39 Stat. 951 Rico’s status and provide advice and recommendations [enacting this chapter, section 1019 of this title, section on such matters to the President and the Congress. The 46 of Title 2, The Congress, and section 358 of Title 8, Task Force shall also identify and promote existing Aliens and Nationality, and amending sections 325, 327, Federal initiatives that benefit Puerto Rico; provide and 328 of former Title 39, Postal Service], may be cited advice and recommendations to the President and the as the ‘‘Puerto Rican Federal Relations Act’’. The act Congress on the treatment of Puerto Rico in Federal of Mar. 2, 1917, is also popularly known as the ‘‘Jones programs; and provide advice and recommendations to Act’’. the President and the Congress on policies and initia- tives that promote job creation, education, health care, UNITED STATES-PUERTO RICO COMMISSION ON THE clean energy, and economic development on the is- STATUS OF PUERTO RICO lands. Pub. L. 88–271, Feb. 20, 1964, 78 Stat. 17, as amended by SEC. 4. Report. The Task Force shall submit to the Pub. L. 89–84, July 24, 1965, 79 Stat. 261, established a President a report on the actions it has taken to per- form the functions set forth in section 3 no later than United States-Puerto Rico Commission on the Status 1 year from the date of this order. The Task Force shall of Puerto Rico to study all factors, including but not also report to the President, as appropriate, on other limited to applicable laws, treaties, constitutions, and matters relating to the Task Force’s responsibilities agreements having a bearing on the relationship be- under this order. tween the United States and Puerto Rico. The Commis- sion was required to render its report to the President § 731a. Change of name; Puerto Rico of the United States, the Congress of the United States, the Governor of Puerto Rico, and the Legislative As- From and after May 17, 1932, the island des- sembly of Puerto Rico not later than Sept. 30, 1966. ignated ‘‘Porto Rico’’ in the Act entitled ‘‘An Act to provide a civil government for Porto ADMINISTRATION OF GOVERNMENT Rico, and for other purposes,’’ approved March 2, The administration of the Government of Puerto 1917, as amended, shall be known and designated Rico was transferred from the Bureau of Insular Affairs as ‘‘Puerto Rico.’’ All laws, regulations, and to the Office of Territories (formerly the Division of public documents and records of the United Territories and Island Possessions and now the Office of States in which such island is designated or re- Territorial Affairs), in the Department of the Interior by Executive Order No. 6726, eff. May 29, 1934, eff. Mar. ferred to under the name of ‘‘Porto Rico’’ shall 2, 1935. For present government of the Commonwealth be held to refer to such island under and by the of Puerto Rico, see section 731d of this title. name of ‘‘Puerto Rico.’’

EX. ORD. NO. 13183. ESTABLISHMENT OF THE PRESIDENT’S (May 17, 1932, ch. 190, 47 Stat. 158.) TASK FORCE ON PUERTO RICO’S STATUS REFERENCES IN TEXT Ex. Ord. No. 13183, Dec. 23, 2000, 65 F.R. 82889, as Act approved March 2, 1917, as amended, referred to amended by Ex. Ord. No. 13209, Apr. 30, 2001, 66 F.R. in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, as 22105; Ex. Ord. No. 13319, Dec. 3, 2003, 68 F.R. 68233; Ex. amended, known as the Puerto Rican Federal Relations Ord. No. 13517, § 1, Oct. 30, 2009, 74 F.R. 57239, provided: Act and also popularly known as the Jones Act, which By the authority vested in me as President by the is classified principally to this chapter. For complete Constitution and the laws of the United States of classification of this Act to the Code, see Short Title America, it is hereby ordered as follows: note set out under section 731 of this title and Tables. SECTION 1. Policy. It is the policy of the executive branch of the Government of the United States of CODIFICATION America to help answer the questions that the people Section was not enacted as part of the Puerto Rican of Puerto Rico have asked for years regarding the op- Federal Relations Act which comprises this chapter. Page 55 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 733

§ 731b. Organization of a government pursuant to CONSTITUTION OF THE COMMONWEALTH OF PUERTO RICO a constitution Constitution of the Commonwealth of Puerto Rico Fully recognizing the principle of government was approved by the Constitutional Convention of Puerto Rico on Feb. 6, 1952; ratified by the people of by consent, sections 731b to 731e of this title are Puerto Rico on Mar. 3, 1952; amended and approved by now adopted in the nature of a compact so that Congress by Joint Res. July 3, 1952, ch. 567, 66 Stat. 327; the people of Puerto Rico may organize a gov- proclaimed by the Governor of Puerto Rico to be in ernment pursuant to a constitution of their own force and effect on July 25, 1952. adoption. § 731e. Chapter continued in force and effect (July 3, 1950, ch. 446, § 1, 64 Stat. 319.) This chapter is continued in force and effect. CODIFICATION (July 3, 1950, ch. 446, § 4, 64 Stat. 319.) Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. REFERENCES IN TEXT REPEALS This chapter, referred to in text, was in the original Act July 3, 1950, ch. 446, § 6, 64 Stat. 320, provided that: ‘‘the Act entitled ‘An Act to provide a civil government ‘‘All laws or parts of laws inconsistent with this Act for Porto Rico, and for other purposes,’ approved March [enacting sections 731b to 731e of this title] are hereby 2, 1917, as amended’’, meaning act Mar. 2, 1917, ch. 145, repealed.’’ 39 Stat. 951, as amended, known as the Puerto Rican Federal Relations Act and also popularly known as the § 731c. Submission of sections 731b to 731e of this Jones Act, which is classified principally to this chap- title to people of Puerto Rico for referendum; ter. For complete classification of this Act to the Code, convening of constitutional convention; req- see Short Title note set out under section 731 of this title and Tables. uisites of constitution CODIFICATION Sections 731b to 731e of this title shall be sub- mitted to the qualified voters of Puerto Rico for Section was not enacted as part of the Puerto Rican acceptance or rejection through an island-wide Federal Relations Act which comprises this chapter. referendum to be held in accordance with the § 732. Repealed. July 3, 1950, ch. 446, § 5(2), 64 laws of Puerto Rico. Upon the approval of said Stat. 320 sections, by a majority of the voters participat- ing in such referendum, the Legislature of Puer- Section, acts Mar. 2, 1917, ch. 145, § 4, 39 Stat. 953; May to Rico is authorized to call a constitutional 17, 1932, ch. 190, 47 Stat. 158, designated San Juan as the convention to draft a constitution for the said capital of Puerto Rico. Section 6 of act Apr. 12, 1900, ch. island of Puerto Rico. The said constitution 191, 31 Stat. 79, formerly cited as a credit to this sec- shall provide a republican form of government tion, was not repealed by act July 3, 1950. and shall include a bill of rights. EFFECTIVE DATE OF REPEAL (July 3, 1950, ch. 446, § 2, 64 Stat. 319.) Act July 3, 1950, ch. 446, § 5, 64 Stat. 320, provided that the repeal of this section and sections 735, 750, 753, 754, CODIFICATION 771–793, 793b, 796–799, 811–820, 822, 823, 824–844, 861, and Section was not enacted as part of the Puerto Rican 873 of this title and the amendment of sections 737 and Federal Relations Act which comprises this chapter. 752 of this title were to be effective at such time as the Constitution of the Commonwealth of Puerto Rico be- CONSTITUTIONAL CONVENTION came effective. Under section 731d of this title, that A constitutional convention to draft a constitution Constitution, upon approval by the Congress of the for the island of Puerto Rico convened in San Juan on United States, ‘‘shall become effective in accordance Sept. 17, 1951, and concluded its deliberations on Feb. 6, with its terms’’. Congress, by act July 3, 1952, ch. 567, 1952. 66 Stat. 327, approved, with certain conditions, that Constitution; the approving act further provided that REFERENDUM the Constitution, as so approved, ‘‘shall become effec- Act July 3, 1950, which enacted sections 731b to 731e tive when the Constitutional Convention of Puerto of this title, was submitted to the qualified voters of Rico shall have declared in a formal resolution its ac- Puerto Rico through an island-wide referendum held on ceptance in the name of Puerto Rico of the conditions June 4, 1951, and approved. of approval herein contained, and when the Governor of Puerto Rico, being duly notified by the proper officials § 731d. Ratification of constitution by Congress of the Constitutional Convention of Puerto Rico that such resolution of acceptance has been formally adopt- Upon adoption of the constitution by the peo- ed, shall issue a proclamation to that effect’’. The Con- ple of Puerto Rico, the President of the United stitution was proclaimed by the Governor of Puerto States is authorized to transmit such constitu- Rico on July 25, 1952, and became effective on that tion to the Congress of the United States if he date. finds that such constitution conforms with the applicable provisions of sections 731b to 731e of § 733. Citizens; former Spanish subjects and chil- this title and of the Constitution of the United dren; body politic; name States. All inhabitants continuing to reside in Puerto Upon approval by the Congress the constitu- Rico who were Spanish subjects on the 11th day tion shall become effective in accordance with of April 1899, and then resided in Puerto Rico, its terms. and their children born subsequent thereto, (July 3, 1950, ch. 446, § 3, 64 Stat. 319.) shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of CODIFICATION the United States, except such as shall have Section was not enacted as part of the Puerto Rican elected to preserve their allegiance to the Crown Federal Relations Act which comprises this chapter. of Spain on or before the 11th day of April 1900, § 733a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 56 in accordance with the provisions of the treaty § 734. United States laws extended to Puerto of peace between the United States and Spain Rico; internal revenue receipts covered into entered into on the 11th day of April 1899; and treasury they, together with such citizens of the United States as may reside in Puerto Rico, shall con- The statutory laws of the United States not stitute a body politic under the name of the locally inapplicable, except as hereinbefore or People of Puerto Rico, with governmental pow- hereinafter otherwise provided, shall have the ers as hereinafter conferred, and with power to same force and effect in Puerto Rico as in the sue and be sued as such. United States, except the internal revenue laws other than those contained in the Philippine (Apr. 12, 1900, ch. 191, § 7, 31 Stat. 79; May 17, 1932, Trade Act of 1946 [22 U.S.C. 1251 et seq.] or the ch. 190, 47 Stat. 158.) Philippine Trade Agreement Revision Act of 1955 CODIFICATION [22 U.S.C. 1371 et seq.]: Provided, however, That after May 1, 1946, all taxes collected under the Section was not enacted as part of the Puerto Rican internal revenue laws of the United States on Federal Relations Act which comprises this chapter. articles produced in Puerto Rico and trans- CHANGE OF NAME ported to the United States, or consumed in the ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ island shall be covered into the treasury of pursuant to act May 17, 1932, which is classified to sec- Puerto Rico. tion 731a of this title. (Mar. 2, 1917, ch. 145, § 9, 39 Stat. 954; May 17, § 733a. Citizens; residence in island of citizens of 1932, ch. 190, 47 Stat. 158; Apr. 30, 1946, ch. 244, United States title V, § 513, 60 Stat. 158; Aug. 1, 1955, ch. 438, title III, § 308, 69 Stat. 427.) All citizens of the United States who have re- sided or who shall after March 4, 1927, reside in REFERENCES IN TEXT the island for one year shall be citizens of Puer- The Philippine Trade Act of 1946, referred to in text, to Rico. is act Apr. 30, 1946, ch. 244, 60 Stat. 141, as amended, (Mar. 2, 1917, ch. 145, § 5a, as added Mar. 4, 1927, which is classified principally to subchapters I to IV ch. 503, § 2, 44 Stat. 1418; amended May 17, 1932, (§ 1251 et seq.) of chapter 15 of Title 22, Foreign Rela- ch. 190, 47 Stat. 158.) tions and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under CODIFICATION section 1354 of Title 22 and Tables. The Philippine Trade Agreement Revision Act of 1955, Section was formerly classified to section 5a of Title referred to in text, is act Aug. 1, 1955, ch. 438, 69 Stat. 8, Aliens and Nationality. 413, which is classified generally to subchapter IV–A CHANGE OF NAME (§ 1371 et seq.) of chapter 15 of Title 22. For complete classification of this Act to the Code, see Short Title ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ note set out under section 1373 of Title 22 and Tables. pursuant to act May 17, 1932, which is classified to sec- The internal revenue laws of the United States, re- tion 731a of this title. ferred to in text, are classified generally to Title 26, In- § 733a–1. Repealed. June 27, 1952, ch. 477, title IV, ternal Revenue Code. § 403(a)(14), 66 Stat. 279 PRIOR PROVISIONS Section, act Mar. 2, 1917, ch. 145, § 5b, as added June Provisions similar to those in this section were con- 25, 1948, ch. 649, 62 Stat. 1015, related to nonapplication tained in act Apr. 12, 1900, ch. 191, § 14, 31 Stat. 80, ex- of section 804(c) of Title 8, Aliens and Nationality. cept that the words ‘‘which, in view of the provisions of section three, shall not have force and effect in Porto § 733b. Omitted Rico’’ were contained in lieu of the proviso. As to sec- CODIFICATION tion 3 of act Apr. 12, 1900, see section 738 of this title and notes thereunder. Prior to the enactment of the Nationality Act of 1940, act Oct. 14, 1940, ch. 876, 54 Stat. 1137, this section, act AMENDMENTS Mar. 2, 1917, ch. 145, § 5b, as added June 27, 1934, ch. 845, 48 Stat. 1245, provided as follows: ‘‘All persons born in 1955—Act Aug. 1, 1955, inserted ‘‘or the Philippine Puerto Rico on or after April 11, 1899 (whether before or Trade Agreement Revision Act of 1955’’. after June 27, 1934) and not citizens, subjects, or nation- 1946—Act Apr. 30, 1946, inserted ‘‘other than those als of any foreign power, are hereby declared to be citi- contained in the Philippine Trade Act of 1946’’. zens of the United States: Provided, That this section shall not be construed as depriving any person, native CHANGE OF NAME of Puerto Rico, of his or her American citizenship here- ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ tofore otherwise lawfully acquired by such person; or to pursuant to act May 17, 1932, which is classified to sec- extend such citizenship to persons who shall have re- tion 731a of this title. nounced or lost it under the treaties and/or laws of the United States or who are now residing permanently EFFECTIVE DATE OF 1955 AMENDMENT abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Amendment by act Aug. 1, 1955, effective Jan. 1, 1956, Rico and permanently residing therein, who, prior to see section 301(b) of act Aug. 1, 1955, set out as an Effec- March 2, 1917, had lost her American nationality by tive Date note under section 1373 of Title 22, Foreign reason of her marriage to an alien eligible to citizen- Relations and Intercourse. ship, or by reason of the loss of the United States citi- EFFECTIVE DATE OF 1946 AMENDMENT zenship by her husband, may be naturalized under the provisions of section 369 of title 8.’’ Amendment by act Apr. 30, 1946, effective on day The second proviso thereof was repealed by section after date of its enactment, Apr. 30, 1946, see section 512 504 of the Nationality Act of 1940. Provisions relating of act Apr. 30, 1946, set out as an Effective Date note to citizenship of persons born in Puerto Rico, are con- under section 1354 of Title 22, Foreign Relations and tained in section 1402 of Title 8, Aliens and Nationality. Intercourse. Page 57 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 734a

EX. ORD. NO. 9909. EXEMPTING DISTRICT COURT OF THE Puerto Rico. The Commonwealth structure provides for UNITED STATES FOR PUERTO RICO AND THE DEPART- self-government in respect of internal affairs and ad- MENT OF JUSTICE FROM MAKING REPORTS REQUIRED BY ministration, subject to relevant portions of the Con- THIS SECTION stitution and the laws of the United States. As long as Puerto Rico is a territory, however, the will of its peo- Ex. Ord. No. 9909, eff. Dec. 9, 1947, 12 F.R. 8291, pro- ple regarding their political status should be ascer- vided: tained periodically by means of a general right of ref- By virtue of the authority vested in me by section erendum or specific referenda sponsored either by the 49b(2) of the Organic Act of Puerto Rico, as amended by United States Government or the Legislature of Puerto section 6 of the Act of August 5, 1947, Public Law 362, Rico. 80th Congress [section 793b of this title], it is hereby or- Because Puerto Rico’s degree of constitutional self- dered that the District Court of the United States for government, population, and size set it apart from Puerto Rico and the Department of Justice shall be ex- other areas also subject to Federal jurisdiction under empt from making the reports to the Coordinator of Article IV, section 3, clause 2 of the Constitution, I Federal Agencies in Puerto Rico which are provided for hereby direct all Federal departments, agencies, and of- in such section. ficials, to the extent consistent with the Constitution HARRY S. TRUMAN. and the laws of the United States, henceforward to treat Puerto Rico administratively as if it were a EX. ORD. NO. 10005. ESTABLISHMENT OF PRESIDENT’S AD- State, except insofar as doing so with respect to an ex- VISORY COMMISSION ON RELATION OF FEDERAL LAWS TO isting Federal program or activity would increase or PUERTO RICO decrease Federal receipts or expenditures, or would se- Ex. Ord. No. 10005, eff. Oct. 5, 1948, 13 F.R. 5854, pro- riously disrupt the operation of such program or activ- vided: ity. With respect to a Federal program or activity for WHEREAS section 9 of the Organic Act of Puerto which no fiscal baseline has been established, this Rico, 39 Stat. 954 [this section], provides that ‘‘the stat- memorandum shall not be construed to require that utory laws of the United States not locally inapplica- such program or activity be conducted in a way that ble, except as hereinbefore or hereinafter otherwise increases or decreases Federal receipts or expenditures provided, shall have the same force and effect in Puerto relative to the level that would obtain if Puerto Rico Rico as in the United States’’; and were treated other than as a State. WHEREAS section 49b(3) of the said Act, which was If any matters arise involving the fundamentals of added by section 6 of the act of August 5, 1947, 61 Stat. Puerto Rico’s status, they shall be referred to the Of- 772 [section 793b of this title], provides that ‘‘the Presi- fice of the President. dent of the United States may, from time to time, after This guidance shall remain in effect until Federal hearing, promulgate Executive orders expressly except- legislation is enacted altering the current status of ing Puerto Rico from the application of any Federal Puerto Rico in accordance with the freely expressed law, not expressly declared by Congress to be applica- wishes of the people of Puerto Rico. ble to Puerto Rico, which is contemplated by section 9 The memorandum for the heads of executive depart- of this act [this section] is inapplicable by reason of ments and agencies on this subject, issued July 25, 1961 local conditions’’: [26 F.R. 6695], is hereby rescinded. NOW, THEREFORE, by virtue of the authority vested This memorandum shall be published in the Federal in me by the said Organic Act of Puerto Rico, and as Register. President of the United States, it is ordered as follows: GEORGE BUSH. 1. There is hereby created a commission to be known as the President’s Advisory Commission on the Rela- tion of Federal Laws to Puerto Rico, which shall be § 734a. Extension of industrial alcohol and inter- composed of nine members to be designated by the nal revenue laws to Puerto Rico President and to serve without compensation. 2. The Commission shall from time to time make rec- Title III of the National Prohibition Act, as ommendations to the President concerning the exercise amended, and all provisions of the internal reve- of his power under section 49b(3) of the Organic Act of nue laws relating to the enforcement thereof, Puerto Rico [section 793b of this title] to exempt Puer- are extended to and made applicable to Puerto to Rico from the application of Federal laws. To that Rico from and after August 27, 1935. The Insular end, the Commission is authorized to examine into, and Government shall advance to the Treasury of to hold hearings on, the inapplicability of Federal laws to Puerto Rico by reason of local conditions. the United States such funds as may be required 3. All executive departments and agencies of the Fed- from time to time by the Secretary of the Treas- eral Government are authorized and directed to cooper- ury for the purpose of defraying all expenses in- ate with the Commission in its work and to furnish the curred by the Treasury Department in connec- Commission such information as the Commission may tion with the enforcement in Puerto Rico of the require in the performance of its duties. said Title III and regulations promulgated 4. The Commission shall continue to exist until the thereunder. The funds so advanced shall be de- President terminates its existence by Executive order. posited in a separate trust fund in the Treasury HARRY S. TRUMAN. of the United States and shall be available to ADMINISTRATIVE TREATMENT OF PUERTO RICO AS A the Treasury Department for the purposes of STATE this section. Memorandum of President of the United States, Nov. (June 26, 1936, ch. 830, title III, § 329(c), 49 Stat. 30, 1992, 57 F.R. 57093, provided: 1957.) Memorandum for the Heads of Executive Depart- ments and Agencies REFERENCES IN TEXT Puerto Rico is a self-governing territory of the United States whose residents have been United States The National Prohibition Act, as amended, referred citizens since 1917 and have fought valorously in five to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305, as wars in the defense of our Nation and the liberty of amended. Title III of such Act was classified prin- others. cipally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicat- On July 25, 1952, as a consequence of steps taken by ing Liquors, and was omitted from the Code in view of both the United States Government and the people of the incorporation of such provisions in the Internal Puerto Rico voting in a referendum, a new constitution Revenue Code of 1939, and subsequently into the Inter- was promulgated establishing the Commonwealth of nal Revenue Code of 1986. § 735 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 58

CODIFICATION 1934—Act Mar. 2, 1934, repealed so much of former provisions of twentieth paragraph of this section mak- Provisions similar to those comprising this section ing it unlawful to import, manufacture, sell or give relating to the Virgin Islands are classified to section away, or to expose for sale or gift any intoxicating liq- 1402 of this title. uors. The penalty formerly contained in such para- Section was not enacted as part of the Puerto Rican graph, related only to violation of such provisions. Federal Relations Act which comprises this chapter. EFFECTIVE DATE OF 1950 AMENDMENT § 735. Repealed. July 3, 1950, ch. 446, § 5(2), 64 Stat. 320 Amendment by act July 3, 1950, effective July 25, 1952, the date the Constitution of Puerto Rico became effec- Section, acts Mar. 2, 1917, ch. 145, § 57, 39 Stat. 968; tive, see Effective Date of Repeal note set out under May 17, 1932, ch. 190, 47 Stat. 158, continued certain section 732 of this title. Puerto Rican Laws in force and authorized the legisla- tive authority to modify or repeal laws. Section 15 of § 738. Free interchange of merchandise with act Apr. 12, 1900, ch. 191, 31 Stat. 80, formerly cited as United States a credit to this section, was not repealed by act July 3, 1950. All merchandise and articles coming into the United States from Puerto Rico and coming into EFFECTIVE DATE OF REPEAL Puerto Rico from the United States shall be en- Repeal effective July 25, 1952, see Effective Date of tered at the several ports of entry free of duty Repeal note set out under section 732 of this title. and in no event shall any tariff duties be col- lected on said merchandise or articles. § 736. Puerto Rican law modified (Apr. 12, 1900, ch. 191, § 3, 31 Stat. 77; May 17, 1932, So much of the law which was in force at the ch. 190, 47 Stat. 158.) time of cession, April 11th, 1899, forbidding the marriage of priests, ministers, or followers of CODIFICATION any faith because of vows they may have taken, Act Apr. 12, 1900, § 3, as originally enacted, imposed being paragraph 4, article 83, chapter 3, civil tariff duties, amounting to 15 per centum of the duties code, and which was continued by the order of on like articles imported from foreign countries, on all the secretary of justice of Puerto Rico, dated articles of merchandise coming into the United States from Porto Rico and vice versa. Merchandise and arti- March 17, 1899, and promulgated by Major Gen- cles except coffee, not dutiable under United States’ eral Guy V. Henry, United States Volunteers, is tariff laws, and merchandise or articles entered in repealed and annulled, and all persons lawfully Porto Rico free of duty under orders theretofore made married in Puerto Rico shall have all the rights by the Secretary of War, were to be admitted from the and remedies conferred by law upon parties to United States free of duty, all laws or parts of laws to either civil or religious marriages. Paragraph 1, the contrary, notwithstanding. However, all of the article 105, section 4, divorce, civil code, and aforesaid tariff duties were to cease, and the provisions paragraph 2, section 19, of the order of the min- in the text were to become operative, whenever the local legislative assembly should put into operation a ister of justice of Puerto Rico, dated March 17, system of local taxation, and the President should 1899, and promulgated by Major General Guy V. make proclamation thereof. In no event were those du- Henry, United States Volunteers, are so amend- ties to be collected after March 1, 1902. In accordance ed as to read: ‘‘Adultery on the part of either with the aforesaid provision President McKinley issued the husband or the wife.’’ his proclamation July 25, 1901, 32 Stat. 1983. Section 3 also contained provisions relating to a tax (Apr. 12, 1900, ch. 191, § 8, 31 Stat. 79; May 17, 1932, on merchandise of Porto Rican manufacture equal to ch. 190, 47 Stat. 158.) the internal-revenue tax imposed in the United States, and on merchandise of United States manufacture com- CODIFICATION ing into Porto Rico, a tax equal to the internal-revenue Section was not enacted as part of the Puerto Rican tax imposed in Porto Rico upon like articles of Porto Federal Relations Act which comprises this chapter. Rican manufacture which are contained in sections 7652 and 7653 of Title 26, Internal Revenue Code. CHANGE OF NAME Section was not enacted as part of the Puerto Rican ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ Federal Relations Act which comprises this chapter. pursuant to act May 17, 1932, which is classified to sec- CHANGE OF NAME tion 731a of this title. ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ § 737. Privileges and immunities pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. The rights, privileges, and immunities of citi- zens of the United States shall be respected in § 739. Duties on foreign imports; books and pam- Puerto Rico to the same extent as though Puer- phlets in English language to Rico were a State of the Union and subject to The same tariffs, customs, and duties shall be the provisions of paragraph 1 of section 2 of arti- levied, collected, and paid upon all articles im- cle IV of the Constitution of the United States. ported into Puerto Rico from ports other than (Mar. 2, 1917, ch. 145, § 2, 39 Stat. 951; Feb. 3, 1921, those of the United States which are required by ch. 34, § 1, 41 Stat. 1096; Mar. 2, 1934, ch. 37, § 1, 48 law to be collected upon articles imported into Stat. 361; Aug. 5, 1947, ch. 490, § 7, 61 Stat. 772; the United States from foreign countries. All July 3, 1950, ch. 446, § 5(1), 64 Stat. 320.) books and pamphlets printed in the English lan- guage shall be admitted into Puerto Rico free of AMENDMENTS duty when imported from the United States. 1950—Act July 3, 1950, repealed all of section relating to bill of rights and restrictions except last paragraph. (Apr. 12, 1900, ch. 191, § 2, 31 Stat. 77; Aug. 5, 1909, 1947—Act Aug. 5, 1947, inserted privileges and immu- ch. 6, § 1, 36 Stat. 71, 74; May 17, 1932, ch. 190, 47 nities provisions. Stat. 158.) Page 59 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 741a

CODIFICATION EXPENDITURES FOR GOVERNMENTAL AND PUBLIC PURPOSES Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. The amount of customs revenue received by the United States on importations from Puerto Rico since AMENDMENTS its evacuation by the Spanish forces together with all 1909—Act Aug. 5, 1909, placed coffee in the bean or that should thereafter be collected under the existing ground, imported into Puerto Rico, formerly subject to law were placed at the disposal of the President to be a duty of 5 cents, on the duty free list. used for governmental and public purposes in Puerto Rico, by act Mar. 24, 1900, ch. 91, 31 Stat. 51. CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ § 741. Export duties, taxes, etc.; bonds to antici- pursuant to act May 17, 1932, which is classified to sec- pate revenues tion 731a of this title. No export duties shall be levied or collected on § 740. Duties and taxes to constitute fund for ben- exports from Puerto Rico, but taxes and assess- efit of Puerto Rico; ports of entry ments on property, income taxes, internal reve- nue, and license fees, and royalties for fran- The duties and taxes collected in Puerto Rico chises, privileges, and concessions may be im- in pursuance of the provisions of this Act, less posed for the purposes of the insular and munici- the cost of collecting the same, and the gross pal governments, respectively, as may be pro- amount of all collections of duties and taxes in vided and defined by the Legislature of Puerto the United States upon articles of merchandise Rico; and when necessary to anticipate taxes coming from Puerto Rico, shall be paid into the and revenues, bonds and other obligations may treasury of Puerto Rico to be expended as re- be issued by Puerto Rico or any municipal gov- quired by law for the government and benefit ernment therein as may be provided by law, and thereof, and the Secretary of the Treasury shall to protect the public credit. designate the several ports and subports of entry in Puerto Rico and shall make such rules and (Mar. 2, 1917, ch. 145, § 3, 39 Stat. 953; Feb. 3, 1921, regulations and appoint such agents as may be ch. 34, § 2, 41 Stat. 1096; Mar. 4, 1927, ch. 503, § 1, necessary to collect the duties and taxes author- 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 Stat. 843.) ized to be levied, collected, and paid in Puerto CODIFICATION Rico by the provisions of this Act, and he shall fix the compensation and provide for the pay- Section is comprised of first part of section 3 of act ment thereof of all such officers, agents, and as- Mar. 2, 1917, down to the proviso clause. The remainder of section 3 is classified to sections 741a and 745 of this sistants as he may find it necessary to employ title. to carry out the provisions of law. PRIOR PROVISIONS (Apr. 12, 1900, ch. 191, § 4, 31 Stat. 78; May 17, 1932, ch. 190, 47 Stat. 158.) Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, § 38, 31 Stat. 86. REFERENCES IN TEXT AMENDMENTS This Act, referred to in text, means act Apr. 12, 1900, ch. 191, 31 Stat. 77, as amended, popularly known as the 1937—Act Aug. 26, 1937, reenacted section without Foraker Act, which, insofar as is classified to the Code, substantive change. enacted sections 733, 736, 738 to 740, 743, 744, 755, 864, and 1927—Act Mar. 4, 1927, inserted imposition of income 866 of this title and amended sections 1 and 11 of former taxes. Title 11, Bankruptcy. For complete classification of 1921—Act Feb. 3, 1921, reenacted section without this Act to the Code, see Tables. change.

CODIFICATION § 741a. Internal-revenue taxes; levy and collec- Additional provisions of act Apr. 12, 1900, § 4, direct- tion; discrimination ing the payment of duties and taxes into a separate The internal-revenue taxes levied by the Leg- fund in the Treasury of the United States until the or- islature of Puerto Rico in pursuance of the au- ganization of a local civil government, have been omit- ted. thority granted by this chapter on articles, Section was not enacted as part of the Puerto Rican goods, wares, or merchandise may be levied and Federal Relations Act which comprises this chapter. collected as such legislature may direct, on the articles subject to said tax, as soon as the same CHANGE OF NAME are manufactured, sold, used, or brought into ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ the island: Provided, That no discrimination be pursuant to act May 17, 1932, which is classified to sec- made between the articles imported from the tion 731a of this title. United States or foreign countries and similar TRANSFER OF FUNCTIONS articles produced or manufactured in Puerto All offices of collector of customs, comptroller of cus- Rico. The officials of the Customs and Postal toms, surveyor of customs, and appraiser of merchan- Services of the United States are directed to as- dise of Bureau of Customs of Department of the Treas- sist the appropriate officials of the Puerto Rican ury to which appointments were required to be made by government in the collection of these taxes. President with advice and consent of Senate ordered abolished, with such offices to be terminated not later (Mar. 2, 1917, ch. 145, § 3, 39 Stat. 953; Mar. 4, 1927, than December 31, 1966, by Reorg. Plan No. 1, of 1965, ch. 503, § 1, 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in Stat. 844.) the Appendix to Title 5, Government Organization and REFERENCES IN TEXT Employees. All functions of offices eliminated were al- ready vested in Secretary of the Treasury by Reorg. This chapter, referred to in text, was in the original Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. Stat. 1280, set out in the Appendix to Title 5. 951, as amended, known as the Puerto Rican Federal § 742 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 60

Relations Act and also popularly known as the Jones CODIFICATION Act, which is classified principally to the chapter. For Additional provisions of section 9 of act Apr. 12, 1900, complete classification of this Act to the Code, see authorizing the making of regulations for the national- Short Title note set out under section 731 of this title ization of all vessels owned by inhabitants of Puerto and Tables. Rico on April 11, 1889, and which continued to be so CODIFICATION owned up to the date of that nationalization and for the admission of the same to all the benefits of the coast- Section is comprised of last part of section 3 of act ing trade of the United States, have been omitted. Mar. 2, 1917, as added by act Mar. 4, 1927. The first two Section was not enacted as part of the Puerto Rican parts are classified to sections 741 and 745 of this title. Federal Relations Act which comprises this chapter.

AMENDMENTS CHANGE OF NAME 1937—Act Aug. 26, 1937, reenacted section without ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ substantive change. pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 742. Acknowledgment of deeds Deeds and other instruments affecting land § 745. Tax exempt bonds situate in the District of Columbia, or any other All bonds issued by the Government of Puerto territory or possession of the United States, Rico, or by its authority, shall be exempt from may be acknowledged in Puerto Rico before any taxation by the Government of the United notary public appointed therein by proper au- States, or by the Government of Puerto Rico or thority, or any officer therein who has ex officio of any political or municipal subdivision there- the powers of a notary public. The certificate by of, or by any State, Territory, or possession, or such notary shall be accompanied by the certifi- by any county, municipality, or other municipal cate of the executive secretary of Puerto Rico to subdivision of any State, Territory, or posses- the effect that the notary taking such acknowl- sion of the United States, or by the District of edgment is in fact such notarial officer. Columbia. (Mar. 2, 1917, ch. 145, § 54, 39 Stat. 968; May 17, (Mar. 2, 1917, ch. 145, § 3, 39 Stat. 953; Feb. 3, 1921, 1932, ch. 190, 47 Stat. 158.) ch. 34, § 2, 41 Stat. 1096; Mar. 4, 1927, ch. 503, § 1, PRIOR PROVISIONS 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 Stat. 844; Aug. 17, 1950, ch. 731, 64 Stat. 458; Pub. L. 87–121, Provisions similar to those in this section were con- § 1, Aug. 3, 1961, 75 Stat. 245.) tained in act Mar. 22, 1902, ch. 273, 32 Stat. 88, except that that act required the certificate of the attorney CODIFICATION general of Puerto Rico, rather than of the executive secretary of Puerto Rico as required by this section. Section is comprised of second part of section 3 of act Mar. 2, 1917, commencing with proviso clause. The first CHANGE OF NAME and last parts of section 3 are classified to sections 741 and 741a, respectively, of this title. ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- PRIOR PROVISIONS tion 731a of this title. Provisions similar to those in this section were con- § 743. Repealed. July 1, 1944, ch. 373, title XIII, tained in act Apr. 12, 1900, ch. 191, § 38, 31 Stat. 86. § 1313, 58 Stat. 714 AMENDMENTS Section, acts Apr. 12, 1900, ch. 191, § 10, 31 Stat. 80; 1961—Pub. L. 87–121 struck out ‘‘no public indebted- Aug. 14, 1912, ch. 288, 37 Stat. 309; May 17, 1932, ch. 190, ness of Puerto Rico and the municipalities of San Juan, 47 Stat. 158, provided for quarantine stations in Puerto Ponce, Arecibo, Rio Pledras, and Mayaguez shall be al- Rico. See section 267 of Title 42, The Public Health and lowed in excess of 10 per centum of the aggregate tax Welfare. valuation of its property, and no public indebtedness of any other subdivision or municipality of Puerto Rico RENUMBERING OF REPEALING ACT shall hereafter be allowed in excess of 5 per centum of Title XIII, § 1313, formerly title VI, § 611, of act July the aggregate tax valuation of the property in any such 1, 1944, which repealed this section, was renumbered subdivision or municipality,’’ before ‘‘All bonds issued’’ title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. and also struck out ‘‘In computing the indebtedness of 1049; § 713, by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; the people of Puerto Rico, municipal bonds for the pay- title VIII, § 813, by act July 30, 1956, ch. 779, § 3(b), 70 ment of interest and principal of which the good faith Stat. 721; title IX, § 913, by Pub. L. 88–581, § 4(b), Sept. of the people of Puerto Rico has heretofore been 4, 1964, 78 Stat. 919; title X, § 1013, by Pub. L. 89–239, pledged and bonds issued by the people of Puerto Rico § 3(b), Oct. 6, 1965, 79 Stat. 931; title XI, § 1113, by Pub. secured by bonds to an equivalent amount of bonds of L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, municipal corporations or school boards of Puerto Rico § 1213, by Pub. L. 92–294, § 3(b), May 16, 1972, 86 Stat. 137; shall not be counted but all bonds hereafter issued by title XIII, § 1313, by Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, any municipality or subdivision within the 5 per cen- 87 Stat. 604, and was repealed by Pub. L. 93–222, § 7(b), tum hereby authorized for which the good faith of the Dec. 29, 1973, 87 Stat. 936. people of Puerto Rico is pledged shall be counted’’ after ‘‘District of Columbia’’. § 744. Coasting trade laws 1950—Act Aug. 17, 1950, made section applicable to municipalities of Arecibo and Rio Piedras. The coasting trade between Puerto Rico and 1937—Act Aug. 26, 1937, made section applicable to the United States shall be regulated in accord- municipality of Mayaguez and substituted ‘‘August 26, ance with the provisions of law applicable to 1937’’ for ‘‘March 4, 1927’’ wherever appearing. such trade between any two great coasting dis- 1927—Act Mar. 4, 1927, made section applicable to mu- tricts of the United States. nicipalities of San Juan and Ponce, limited public in- debtedness of other subdivisions or municipalities of (Apr. 12, 1900, ch. 191, § 9, 31 Stat. 79; May 17, 1932, Puerto Rico to 5 per centum, and inserted in last sen- ch. 190, 47 Stat. 158.) tence two clauses, the first relating to the non-inclu- Page 61 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 747 sion of municipal bonds for the payment of interest and President of the United States prior to July 1, principal, and the second reading ‘‘but all bonds after 1903, pursuant to authority vested in him by August 26, 1937, issued by any municipality or subdivi- law, are granted to the government of Puerto sion within the 5 per centum authorized for which the Rico, to be held or disposed of for the use and good faith of the people of Porto Rico is pledged shall be counted.’’ benefit of the people of said island. Said grant is 1921—Act Feb. 3, 1921, increased allowable public in- upon the express condition that the government debtedness from 7 to 10 per centum of aggregate tax of Puerto Rico, by proper authority, release to valuation of property. the United States any interest or claim it may have in or upon the lands or buildings reserved EFFECTIVE DATE OF 1961 AMENDMENT by the President as mentioned herein. Nothing Pub. L. 87–121, § 2, Aug. 3, 1961, 75 Stat. 245, provided herein contained shall be so construed as to af- that: ‘‘Section 1 of this Act [amending this section] fect any legal or equitable rights acquired by shall take effect upon a majority of the qualified elec- the government of Puerto Rico or by any other tors of Puerto Rico having voted in a referendum pur- party, under any contract, lease, or license suant to section 1 of article VII of the constitution of the Commonwealth of Puerto Rico, to include provi- made by the United States authorities prior to sions in the Commonwealth constitution, in lieu of the the 1st day of May 1900. provisions of section 3 of the Puerto Rican Federal Re- (July 1, 1902, ch. 1383, § 1, 32 Stat. 731; May 17, lations Act [this section] specified herein, limiting the 1932, ch. 190, 47 Stat. 158.) debt-incurring capacity of the Commonwealth and of its municipalities (as proposed in the concurrent reso- CODIFICATION lution of the legislative assembly of the Common- Section was not enacted as part of the Puerto Rican wealth).’’ Federal Relations Act which comprises this chapter. [Referendum held Dec. 10, 1961, and debt limitation amendment to Article VI, § 2, of Constitution of Com- CHANGE OF NAME monwealth of Puerto Rico ratified by a majority of vot- ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ ers.] pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. § 745a. Public improvement bonds sold to United States or agency thereof excluded from pub- LAW LIBRARY lic indebtedness Act July 1, 1902, ch. 1383, § 2, 32 Stat. 732, made an ap- propriation for the purchase of a law library for the use Bonds or other obligations of Puerto Rico or of the United States District Court for Puerto Rico. any municipal government therein, payable solely from revenues derived from any public EXPENSES AND TERM OF RESIDENT COMMISSIONER improvement or undertaking (which revenues Act July 1, 1902, ch. 1383, § 3, 32 Stat. 732, related to may include transfers by agreement or other- allowance of traveling expenses in addition to salary to wise from the regular funds of the issuer in re- the resident commissioner from Puerto Rico, and to spect of the use by it of the facilities afforded by the commencement of his term. such improvement or undertaking), and issued § 747. Public property transferred; ‘‘control’’ de- and sold to the United States of America or any fined agency or instrumentality thereof, shall not be considered public indebtedness of the issuer All property which may have been acquired in within the meaning of section 745 of this title. Puerto Rico by the United States under the ces- sion of Spain in the treaty of peace entered into (Aug. 13, 1935, ch. 516, 49 Stat. 611.) on the 10th day of December 1898, in any public CODIFICATION bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, sub- Section was not enacted as part of the Puerto Rican terranean waters, mines or minerals under the Federal Relations Act which comprises this chapter. surface of private lands, all property which at § 745b. Refunding bonds excluded temporarily in the time of the cession belonged, under the laws computing indebtedness of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor Any bonds or other obligations of Puerto Rico shores, docks, slips, reclaimed lands, and all issued after August 3, 1935, for the purpose of re- public lands and buildings not reserved by the tiring previously outstanding bonds or obliga- United States for public purposes prior to March tions shall not be included in computing the 2, 1917, is placed under the control of the govern- public indebtedness of Puerto Rico under section ment of Puerto Rico, to be administered for the 745 of this title, until six months after their benefit of the people of Puerto Rico; and the issue. Legislature of Puerto Rico shall have authority, (Aug. 3, 1935, ch. 435, 49 Stat. 516.) subject to the limitations imposed upon all its acts, to legislate with respect to all matters, as CODIFICATION it may deem advisable. Notwithstanding any Section was not enacted as part of the Puerto Rican other provision of law, as used in this section Federal Relations Act which comprises this chapter. ‘‘control’’ includes all right, title, and interest in and to and jurisdiction and authority over the § 746. Public lands and buildings; reservations; aforesaid property and includes proprietary rights prior to July 1, 1902 rights of ownership, and the rights of manage- All public lands and buildings, not including ment, administration, leasing, use, and develop- harbor areas and navigable streams and bodies ment of such property. of water and the submerged lands underlying (Mar. 2, 1917, ch. 145, § 7, 39 Stat. 954; May 17, the same, owned by the United States in the is- 1932, ch. 190, 47 Stat. 158; Pub. L. 96–205, title VI, land of Puerto Rico and not reserved by the § 606(b), Mar. 12, 1980, 94 Stat. 91.) § 748 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 62

CODIFICATION tions, permits, or other powers lawfully granted Section is comprised of that part of section 7 of act or exercised or in respect of said waters and sub- Mar. 2, 1917, preceding the proviso clause. The remain- merged lands in and surrounding said island and der of section 7 is classified to section 748 of this title. its adjacent islands by the Secretary of the Army or other authorized officer or agent of the PRIOR PROVISIONS United States prior to March 2, 1917. Notwith- Provisions similar to those in this section were con- standing any other provision of law, as used in tained in act Apr. 12, 1900, ch. 191, § 13, 31 Stat. 80. this section (1) ‘‘submerged lands underlying AMENDMENTS navigable bodies of water’’ include lands perma- nently or periodically covered by tidal waters up 1980—Pub. L. 96–205 inserted provisions defining ‘‘con- trol’’. to but not above the line of mean high tide, all lands underlying the navigable bodies of water CHANGE OF NAME in and around the island of Puerto Rico and the ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ adjacent islands, and all artificially made, filled pursuant to act May 17, 1932, which is classified to sec- in, or reclaimed lands which formerly were lands tion 731a of this title. beneath navigable bodies of water; (2) ‘‘navi- gable bodies of water and submerged lands un- § 748. Conveyance by President to people of derlying the same in and around the island of lands, buildings, etc. Puerto Rico and the adjacent islands and wa- The President may, from time to time, in his ters’’ extend from the coastline of the island of discretion, convey to the people of Puerto Rico, Puerto Rico and the adjacent islands as here- such lands, buildings, or interests in lands, or tofore or hereafter modified by accretion, ero- other property now owned by the United States, sion, or reliction, seaward to a distance of three and within the territorial limits of Puerto Rico marine leagues; (3) ‘‘control’’ includes all right, as in his opinion are no longer needed for pur- title, and interest in and to and jurisdiction and poses of the United States. And he may from authority over the submerged lands underlying time to time accept by legislative grant from the harbor areas and navigable streams and bod- Puerto Rico any lands, buildings, or other inter- ies of water in and around the island of Puerto ests or property which may be needed for public Rico and the adjacent islands and waters, and purposes by the United States. the natural resources underlying such sub- merged lands and waters, and includes propri- (Mar. 2, 1917, ch. 145, § 7, 39 Stat. 954; May 17, etary rights of ownership, and the rights of man- 1932, ch. 190, 47 Stat. 158.) agement, administration, leasing, use, and de- CODIFICATION velopment of such natural resources and sub- merged lands beneath such waters. Section is comprised of proviso clause of section 7 of act Mar. 2, 1917. The text preceding the proviso clause (Mar. 2, 1917, ch. 145, § 8, 39 Stat. 954; May 17, of section 7 is classified to section 747 of this title. 1932, ch. 190, 47 Stat. 158; July 26, 1947, ch. 343, CHANGE OF NAME title II, § 205(a), 61 Stat. 501; Pub. L. 96–205, title VI, § 606(a), Mar. 12, 1980, 94 Stat. 91.) ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ pursuant to act May 17, 1932, which is classified to sec- REFERENCES IN TEXT tion 731a of this title. This chapter, referred to in text, was in the original DELEGATION OF FUNCTIONS ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, known as the Puerto Rican Federal For delegation to Secretary of the Interior of author- Relations Act and also popularly known as the Jones ity vested in President by this section, see Ex. Ord. No. Act, which is classified principally to this chapter. For 10250, eff. June 5, 1951, 16 F.R. 5385, set out under sec- complete classification of this Act to the Code, see tion 301 of Title 3, The President. Short Title note set out under section 731 of this title § 749. Harbors and navigable waters transferred; and Tables. definitions CODIFICATION The harbor areas and navigable streams and A further provision of section 8 of act Mar. 2, 1917, re- bodies of water and submerged lands underlying pealing act June 11, 1906, ch. 3075, 34 Stat. 234, and all the same in and around the island of Puerto other laws or parts of laws in conflict herewith was Rico and the adjacent islands and waters, owned omitted. by the United States on March 2, 1917, and not AMENDMENTS reserved by the United States for public pur- 1980—Pub. L. 96–205 inserted provisions defining poses, are placed under the control of the gov- terms used in this section. ernment of Puerto Rico, to be administered in the same manner and subject to the same limi- CHANGE OF NAME tations as the property enumerated in sections ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ 747 and 748 of this title. All laws of the United pursuant to act May 17, 1932, which is classified to sec- States for the protection and improvement of tion 731a of this title. the navigable waters of the United States and Department of War designated Department of the the preservation of the interests of navigation Army and title of Secretary of War changed to Sec- and commerce, except so far as the same may be retary of the Army by section 205(a) of act July 26, 1947, locally inapplicable, shall apply to said island ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, and waters and to its adjacent islands and wa- ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, en- ters. Nothing in this chapter contained shall be acted ‘‘Title 10, Armed Forces’’ which in sections 3010 construed so as to affect or impair in any man- to 3013 continued Department of the Army under ad- ner the terms or conditions of any authoriza- ministrative supervision of Secretary of the Army. Page 63 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 755

§ 750. Repealed. July 3, 1950, ch. 446, § 5(2), 64 member of a corporation engaged in agriculture Stat. 320 from being in any wise interested in any other corporation engaged in agriculture. Corpora- Section, acts Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; tions, however, may loan funds upon real estate Mar. 4, 1927, ch. 503, § 6, 44 Stat. 1420; June 24, 1948, ch. 610, § 7, 62 Stat. 580, related to grants of franchises, pub- security, and purchase real estate when nec- lic service commission, etc. essary for the collection of loans, but they shall dispose of real estate so obtained within five EFFECTIVE DATE OF REPEAL years after receiving the title. Corporations not Repeal effective July 25, 1952, see note set out under organized in Puerto Rico, and doing business section 732 of this title. therein, shall be bound by the provisions of this section so far as they are applicable. § 751. Interstate commerce and certain other laws inapplicable to Puerto Rico (May 1, 1900, No. 23, § 3, 31 Stat. 716; Mar. 2, 1917, ch. 145, § 39, 39 Stat. 964; May 17, 1932, ch. 190, 47 Subtitle IV of title 49, and the Safety Appli- Stat. 158; July 3, 1950, ch. 446, § 5(2), 64 Stat. 320.) ance Acts and the several amendments made or to be made thereto, shall not apply to Puerto CODIFICATION Rico. Section is comprised of section 3 (less first sentence) (Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; Mar. 4, of act May 1, 1900. The first sentence of such section 3 1927, ch. 503, § 6, 44 Stat. 1421; May 17, 1932, ch. was superseded by section 39 of act Mar. 2, 1917. Prior to repeal of such section 39 by act July 3, 1950, the sen- 190, 47 Stat. 158.) tence read: ‘‘That all franchises, privileges or conces- REFERENCES IN TEXT sions granted under section thirty-two of said Act [act Apr. 12, 1900, ch. 191, 31 Stat. 83] shall provide that the The Safety Appliance Acts, referred to in text, are same shall be subject to amendment, alteration, or re- acts Mar. 2, 1893, ch. 196, 27 Stat. 531; Mar. 2, 1903, ch. peal; shall forbid the issue of stock or bonds, except in 976, 32 Stat. 943; and Apr. 14, 1910, ch. 160, 36 Stat. 298, exchange for actual cash, or property at a fair valu- which were classified to sections 1 to 16 of Title 45, ation, equal in amount to the par value of the stock or Railroads, and were repealed and reenacted in sections bonds issued; shall forbid the declaring of stock or bond 20102, 20301 to 20304, 21302, and 21304 of Title 49, Trans- dividends; and, in the case of public-service corpora- portation, by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, tions, shall provide for the effective regulation of the 108 Stat. 863, 881, 892, 893, 1379, the first section of which charges thereof and for the purchase or taking by the enacted subtitles II, III, and V to X of Title 49. Section public authorities of their property at a fair and rea- 6 of act Apr. 14, 1910, which was classified to section 15 sonable valuation.’’ of Title 45, was repealed and reenacted as section 501(b) Section was not enacted as a part of the Puerto Rican of Title 49 by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413. Federal Relations Act which comprises this chapter.

CODIFICATION CHANGE OF NAME ‘‘Subtitle IV of title 49’’ substituted in text for ‘‘The ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ Interstate Commerce Act and the several amendments pursuant to act May 17, 1932, which is classified to sec- made or to be made thereto [49 U.S.C. 1 et seq.]’’ and tion 731a of this title. ‘‘the Act of Congress entitled ‘An Act to amend an Act entitled ‘‘An Act to regulate commerce,’’ approved REPEALS February 4, 1887, and all Acts amendatory thereof, by Section 5(2) of act July 3, 1950, repealed section 39 of providing for a valuation of the several classes of prop- act Mar. 2, 1917, cited as a credit to this section, eff. erty of carriers subject thereto and securing informa- July 25, 1952. See Effective Date of Repeal note set out tion concerning their stocks, bonds, and other securi- below. ties,’ approved March 1, 1913 [49 U.S.C. 19a]’’ on author- ity of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1466, EFFECTIVE DATE OF REPEAL the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49, Transportation. Repeal of section 39 of act Mar. 2, 1917, effective July Section is comprised of second paragraph of section 25, 1952, see note set out under section 732 of this title. 38 of act Mar. 2, 1917. The first and third paragraphs of section 38 were classified to sections 750 and 753, respec- §§ 753, 754. Repealed. July 3, 1950, ch. 446, § 5(2), tively, of this title. (4), 64 Stat. 320

AMENDMENTS Section 753, acts Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; Mar. 4, 1927, ch. 503, § 6, 44 Stat. 1420; May 17, 1932, ch. 1927—Act Mar. 4, 1927, reenacted section without 190, 47 Stat. 158, authorized Legislature to regulate change. rates, tariffs, etc., of public carriers and public service CHANGE OF NAME commission to enforce those laws. Section 754, acts Mar. 2, 1917, ch. 145, § 35, 39 Stat. 963; ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ May 17, 1932, ch. 190, 47 Stat. 158, which had been trans- pursuant to act May 17, 1932, which is classified to sec- ferred to section 814a of this title, related to qualifica- tion 731a of this title. tions of electors.

§ 752. Corporate real estate holdings EFFECTIVE DATE OF REPEAL No corporation shall be authorized to conduct Repeal of sections 753 and 754 effective July 25, 1952, the business of buying and selling real estate or see note set out under section 732 of this title. be permitted to hold or own real estate except such as may be reasonably necessary to enable § 755. Omitted it to carry out the purposes for which it was cre- CODIFICATION ated, and every corporation authorized after Section, act Apr. 12, 1900, ch. 191, § 11, 31 Stat. 80, pro- May 1, 1900, to engage in agriculture shall by its vided for redemption by Secretary of the Treasury of charter be restricted to the ownership and con- Puerto Rican silver coins known as the peso and all trol of not to exceed five hundred acres of land; other Puerto Rican silver and coppers in circulation on and this provision shall be held to prevent any Apr. 12, 1900, except those imported after Feb. 1, 1900, at §§ 771 to 793 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 64 rate of 60 cents per peso and for recoinage of such coins 1927, ch. 503, § 3, 44 Stat. 1419, related to finality of deci- into United States coins, and made United States coins sions of Auditor and time for appeal therefrom, and sole legal tender in payment of debts, except those vested such official with like authority as that con- owing prior to Apr. 12, 1900, which were payable in ferred by law upon Comptroller General of the United Puerto Rico coins or their exchanged equivalents. States, with certain exceptions. Section 789, act Mar. 2, 1917, ch. 145, § 21, 39 Stat. 958, SUBCHAPTER II—THE EXECUTIVE AND related to appeals from decisions of Auditor to Gov- GOVERNMENT OFFICIALS ernor. Section 790, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; §§ 771 to 793. Repealed. July 3, 1950, ch. 446, Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to annual § 5(2), 64 Stat. 320 report of the fiscal concern of the government from Auditor to Governor and those other reports as may be Section 771, acts Mar. 2, 1917, ch. 145, § 12, 39 Stat. 950; required. May 17, 1932, ch. 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, Section 791, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; § 1, 61 Stat. 770, related to election, tenure of office, and Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, authorized Auditor qualifications of governor. to summon witnesses, administer oaths, take evidence, Section 771a, act Mar. 2, 1917, ch. 145, § 12a, as added etc. Aug. 5, 1947, ch. 490, § 2, 61 Stat. 771, related to impeach- Section 792, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; ment of governor. Section 772, acts Mar. 2, 1917, ch. 145, § 24, 39 Stat. 958; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to super- Aug. 5, 1947, ch. 490, § 4, 61 Stat. 771, related to succes- vision of office of Auditor by Governor. sion to office of governor. Section 793, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Section 773, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 955; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419; May 17, 1932, ch. Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168, related to execu- 190, 47 Stat. 158, related to performance of powers and tive departments. duties of Auditor in case of a vacancy in the office or Section 774, act Mar. 2, 1917, ch. 145, § 37, 39 Stat. 964, in his absence by the assistant auditor, or in the ab- prohibited Legislature from creating new departments sence of that assistant, by an assistant designated by but authorized their consolidation or abolition. Governor. Section 775, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 955; FFECTIVE DATE OF REPEAL Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168; May 17, 1932, ch. E 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, § 3, 61 Stat. 771, re- Repeal of sections 771 to 793 effective July 25, 1952, see lated to appointment and tenure of office of heads of note set out under section 732 of this title. departments. Section 776, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 956; § 793a. Repealed. June 30, 1954, ch. 428, § 1, 68 Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168; May 17, 1932, ch. Stat. 336 190, 47 Stat. 158, related to residence requirement for heads of departments. Section, act Mar. 2, 1934, ch. 37, § 4, 48 Stat. 361, cre- Section 777, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 956; ated a Model Housing Board, and provided for construc- Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168, related to execu- tion and sale of model houses and for creation of a re- tive council and its duties and compensation. volving ‘‘model housing fund’’. Section 778, acts Mar. 2, 1917, ch. 145, § 14, 39 Stat. 956; May 17, 1932, ch. 190, 47 Stat. 158, related to duties of DISPOSITION OF MONEYS IN REVOLVING FUND Attorney General. Act June 30, 1954, ch. 428, § 2, 68 Stat. 336, authorized Section 779, acts Mar. 2, 1917, ch. 145, § 22, 39 Stat. 958; transfer of any moneys remaining in revolving model June 27, 1924, ch. 322, § 2, 43 Stat. 631; May 17, 1932, ch. housing fund under this section to treasury of Com- 190, 47 Stat. 158; June 24, 1948, ch. 610, § 6, 62 Stat. 580, monwealth of Puerto Rico. related to powers and duties of executive secretary. Section 780, acts Mar. 2, 1917, ch. 145, § 15, 39 Stat. 956; May 17, 1932, ch. 190, 47 Stat. 158, related to powers and § 793b. Repealed. July 3, 1950, ch. 446, § 5(2), 64 duties of Treasurer, including designation of deposi- Stat. 320 taries. Section, act Mar. 2, 1917, ch. 145, § 49b, as added Aug. Section 781, acts Mar. 2, 1917, ch. 145, § 15, 39 Stat. 956; 5, 1947, ch. 490, § 6, 61 Stat. 772, and amended June 24, May 17, 1932, ch. 190, 47 Stat. 158, required Treasurer to 1948, ch. 610, § 1, 62 Stat. 579, provided for a Coordinator give a bond not less than $125,000. Section 782, act Mar. 2, 1917, ch. 145, § 16, 39 Stat. 956, of Federal Agencies in Puerto Rico, his appointment, related to duties of Commissioner of the Interior. compensation and duties, and required President to Section 783, acts Mar. 2, 1917, ch. 145, § 17, 39 Stat. 956; prescribe rules and regulations to carry out provisions May 17, 1932, ch. 190, 47 Stat. 158, related to duties of of former section 793 of this title. Commissioner of Education. EFFECTIVE DATE OF REPEAL Section 784, acts Mar. 2, 1917, ch. 145, § 18, 39 Stat. 957; Feb. 18, 1931, ch. 218, § 2, 46 Stat. 1168; May 17, 1932, ch. Repeal effective July 25, 1952, see note set out under 190, 47 Stat. 158, related to duties of Commissioner of section 732 of this title. Agriculture and Commerce. Section 784a, act Mar. 2, 1917, ch. 145, § 18a, as added § 794. Official reports Feb. 18, 1931, ch. 218, § 3, 46 Stat. 1169, and amended May 17, 1932, ch. 190, 47 Stat. 158, related to duties of Com- All reports required by law to be made by the missioner of Labor. governor or heads of departments to any official Section 785, act Mar. 2, 1917, ch. 145, § 19, 39 Stat. 957, of the United States shall be made to an execu- related to duties of Commissioner of Health. tive department of the Government of the Section 786, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; United States to be designated by the President, June 7, 1924, ch. 322, § 1, 43 Stat. 631; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419; May 17, 1932, ch. 190, 47 Stat. 158; June and the President is authorized to place all mat- 24, 1948, ch. 610, § 5, 62 Stat. 580, related to appointment, ters pertaining to the government of Puerto compensation and term of office of Auditor and his Rico in the jurisdiction of such department. powers and duties, and provided for an assistant audi- (Mar. 2, 1917, ch. 145, § 11, 39 Stat. 955; May 17, tor and other necessary assistants and employees. Section 787, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; 1932, ch. 190, 47 Stat. 158.) Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, related to jurisdic- PRIOR PROVISIONS tion of Auditor over accounts. Section 788, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Provisions similar to those in this section were con- June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23 to 25; Mar. 4, tained in act July 15, 1909, ch. 4, § 2, 36 Stat. 11. Page 65 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 821

CHANGE OF NAME Section 798, acts Mar. 2, 1917, ch. 145, § 50, 39 Stat. 967; June 7, 1924, ch. 322, § 3, 43 Stat. 631; June 24, 1948, ch. ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, re- pursuant to act May 17, 1932, which is classified to sec- lated to payment of salaries, office expenses and bond tion 731a of this title. premiums. EX. ORD. NO. 9383. COORDINATION OF FUNCTIONS AND Section 799, act Mar. 2, 1917, ch. 145, § 51, 39 Stat. 967, POLICIES OF FEDERAL CIVIL AGENCIES IN PUERTO RICO provided for payment of municipal expenses from mu- AND THE VIRGIN ISLANDS nicipal revenues. Ex. Ord. No. 9383, eff. Oct. 5, 1943, 8 F.R. 13781, pro- EFFECTIVE DATE OF REPEAL vided: Repeal of sections 796 to 799 effective July 25, 1952, see 1. Each Federal civil agency performing services in note set out under section 732 of this title. Puerto Rico or in the Virgin Islands shall make current reports to the Secretary of the Interior concerning the SUBCHAPTER III—THE LEGISLATURE work of such agency in such manner and form and at such times as may be prescribed by the Secretary of §§ 811 to 820. Repealed. July 3, 1950, ch. 446, the Interior. § 5(2), 64 Stat. 320 2. The Secretary of the Interior shall make such rec- ommendations to the heads of Federal civil agencies so Section 811, acts Mar. 2, 1917, ch. 145, § 25, 39 Stat. 958; reporting as may in his judgment serve to correlate the May 17, 1932, ch. 190, 47 Stat. 158, vested all local legis- work of such agencies in Puerto Rico and in the Virgin lative powers in Puerto Rico, with certain exceptions, Islands, eliminate unessential Federal activities, assist in ‘‘Legislature of Puerto Rico’’, consisting of a ‘‘sen- insular agencies to assume increasing responsibility in ate’’ and a ‘‘house of representatives’’. civil administration, meet more efficiently the needs of Section 812, acts Mar. 2, 1917, ch. 145, § 26, 39 Stat. 958; the people of Puerto Rico and the Virgin Islands for es- May 17, 1932, ch. 190, 47 Stat. 158, related to Senate of sential Federal services, and implement the policies of Puerto Rico, its members, election and powers. the United States with respect to its island possessions. Section 813, acts Mar. 2, 1917, ch. 145, § 27, 39 Stat. 959; 3. The Secretary of the Interior shall from time to May 17, 1932, ch. 190, 47 Stat. 158, related to House of time report to the President and to the Congress con- Representatives and its members and their election. cerning the actions taken pursuant to this order. Section 814, acts Mar. 2, 1917, ch. 145, § 28, 39 Stat. 959; 4. This order shall not be applicable to United States May 17, 1932, ch. 190, 47 Stat. 158, provided for division District Judges, United States Attorneys, and United of Puerto Rico into thirty-five representative and seven States Marshals. senatorial districts. Section 814a, acts Mar. 2, 1917, ch. 145, § 35, 39 Stat. FRANKLIN D. ROOSEVELT. 963; May 17, 1932, ch. 190, 47 Stat. 158, related to quali- § 795. Government expenses payable out of reve- fication of electors. Section 815, acts Mar. 2, 1917, ch. 145, § 29, 39 Stat. 959; nues May 17, 1932, ch. 190, 47 Stat. 158, provided for time of All expenses that may be incurred on account holding elections and revision of boundaries of senato- of the government of Puerto Rico for salaries of rial and representative districts and municipalities. officials and the conduct of their offices and de- Section 816, act Mar. 2, 1917, ch. 145, § 32, 39 Stat. 960, related to powers of senate and house of representa- partments, and all expenses and obligations con- tives, including determination of election and quali- tracted for the internal improvement or devel- fications of members. opment of the island, not, however, including Section 817, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; defenses, barracks, harbors, lighthouses, buoys, Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, provided for hold- and other works undertaken by the United ing of annual sessions of legislature and time for con- States, shall, except as otherwise specifically vening. provided by the Congress, be paid by the treas- Section 818, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; urer of Puerto Rico out of the revenue in his Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, authorized gov- ernor to call special sessions of legislature or senate. custody. Section 819, acts Mar. 2, 1917, ch. 145, § 30, 39 Stat. 959; (Mar. 2, 1917, ch. 145, § 6, 39 Stat. 953; May 17, May 17, 1932, ch. 190, 47 Stat. 158; June 1, 1938, ch. 308, 1932, ch. 190, 47 Stat. 158.) 52 Stat. 595, related to term of office of senators and representatives, filling of vacancies, and limitations PRIOR PROVISIONS upon appointment to other offices of those legislative members. Provisions similar to those in this section were con- Section 820, acts Mar. 2, 1917, ch. 145, § 31, 39 Stat. 960; tained in act Apr. 12, 1900, ch. 191, § 12, 31 Stat. 80, with Mar. 4, 1927, ch. 503, § 4, 44 Stat. 1420; May 17, 1932, ch. the exception of the words ‘‘except as otherwise specifi- 190, 47 Stat. 158; June 24, 1948, ch. 610, § 4, 62 Stat. 580, cally provided by the Congress’’. related to compensation and mileage of members of senate and house of representatives. CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ EFFECTIVE DATE OF REPEAL pursuant to act May 17, 1932, which is classified to sec- Repeal of sections 811 to 820 effective July 25, 1952, see tion 731a of this title. note set out under section 732 of this title. §§ 796 to 799. Repealed. July 3, 1950, ch. 446, § 821. Legislative power § 5(2), 64 Stat. 320 The legislative authority shall extend to all Section 796, acts Mar. 2, 1917, ch. 145, § 53, 39 Stat. 968; matters of a legislative character not locally in- May 17, 1932, ch. 190, 47 Stat. 158, related to transfer of applicable, including power to create, consoli- bureaus or offices. date, and reorganize the municipalities so far as Section 797, acts Mar. 2, 1917, ch. 145, § 50, 39 Stat. 967; may be necessary, and to provide and repeal June 7, 1924, ch. 322, § 3, 43 Stat. 631; May 29, 1928, ch. laws and ordinances therefor; also the power to 904, §§ 1, 2, 45 Stat. 997; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, § 5, 61 Stat. 771; June 24, 1948, ch. alter, amend, modify, or repeal any or all laws 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, re- and ordinances of every character in force in lated to salaries and bonds of officials, and residence of Puerto Rico or municipality or district thereof governor. on March 2, 1917, insofar as such alteration, §§ 822, 823 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 66 amendment, modification, or repeal may be con- Section 837, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, sistent with the provisions of this chapter. prohibited bills giving extra compensation for services rendered. (Mar. 2, 1917, ch. 145, § 37, 39 Stat. 964; May 17, Section 838, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; 1932, ch. 190, 47 Stat. 158.) June 24, 1948, ch. 610, § 3, 62 Stat. 580 prohibited laws re- lating to extension of term of office of officials, double REFERENCES IN TEXT jobs and salary of senators or representatives during This chapter, referred to in text, was in the original term of office. ‘‘this Act’’, meaning act Mar. 2, 1917, ch. 145, 39 Stat. Section 839, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, 951, as amended, known as the Puerto Rican Federal related to presentation of orders, resolutions, etc., to Relations Act and also popularly known as the Jones Governor. Act, which is classified principally to this chapter. For Section 840, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, complete classification of this Act to the Code, see required Governor to submit a financial budget at Short Title note set out under section 731 of this title opening of each regular session of the legislature. and Tables. Section 841, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; May 17, 1932, ch. 190, 47 Stat. 158, provided for order of CHANGE OF NAME payment of appropriations, where revenue insufficient ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ to meet appropriations, and limited appropriations pursuant to act May 17, 1932, which is classified to sec- under certain conditions. Section 842, acts Mar. 2, 1917, ch. 145, § 23, 39 Stat. 958; tion 731a of this title. May 17, 1932, ch. 190, 47 Stat. 158, required Governor to §§ 822, 823. Repealed. July 3, 1950, ch. 446, § 5(2), transmit copies of laws to executive department of 64 Stat. 320 United States. Section 843, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; Section 822, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, May 17, 1932, ch. 190, 47 Stat. 158, related to definition related to origin of bills and resolutions. and punishment of the offense of corrupt solicitation. Section 823, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960; Section 844, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, May 17, 1932, ch. 190, 47 Stat. 158, related to enacting related to punishment for offense of influencing offi- clauses of bills and resolutions. cials by bribery.

EFFECTIVE DATE OF REPEAL EFFECTIVE DATE OF REPEAL Repeal of sections 822 and 823 effective July 25, 1952, Repeal of sections 824 to 844 effective July 25, 1952, see see note set out under section 732 of this title. note set out under section 732 of this title. § 823a. Omitted § 845. Income tax laws; modification or repeal by legislature CODIFICATION The Puerto Rican Legislature shall have Section, act June 16, 1938, ch. 460, 52 Stat. 708, related power by due enactment to amend, alter, mod- to Congressional ratification of all joint resolutions. ify, or repeal the income tax laws in force in §§ 824 to 844. Repealed. July 3, 1950, ch. 446, Puerto Rico. § 5(2), 64 Stat. 320 (Feb. 26, 1926, ch. 27, §§ 261, 1200, 44 Stat. 52, 125; Section 824, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, May 17, 1932, ch. 190, 47 Stat. 158.) related to passage of bills and their alterations or CODIFICATION amendments. Section 825, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, Similar provisions of act Feb. 26, 1926, which related related to reference of bills to committees, signature to the Philippine Islands, were formerly classified to by governor, and approval by President. section 1055 of this title. Section 826, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961; Section was not enacted as part of the Puerto Rican May 29, 1928, ch. 901, § 1(128), 45 Stat. 996; Feb. 28, 1929, Federal Relations Act which comprises this chapter. ch. 364, §§ 1, 2, 45 Stat. 1348; May 17, 1932, ch. 190, 47 Stat. PRIOR PROVISIONS 158, required laws enacted by Legislature of Puerto Rico to be reported to Congress. Provisions similar to those in this section were con- Section 827, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, tained in act June 2, 1924, ch. 234, § 261, 43 Stat. 294, related to time of taking effect of laws and to introduc- prior to repeal by section 1200 of act Feb. 26, 1926, to tion of a bill. take effect Jan. 1, 1925. Section 828, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, CHANGE OF NAME related to house journals. Section 829, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ required sessions of each house and committees to be pursuant to act May 17, 1932, which is classified to sec- open. tion 731a of this title. Section 830, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, SUBCHAPTER IV—THE JUDICIARY related to adjournment. Section 831, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, § 861. Repealed. July 3, 1950, ch. 446, § 5(2), 64 required presiding officer to sign bills and resolutions. Stat. 320 Section 832, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, provided that bills, with the exception of appropriation Section, acts Mar. 2, 1917, ch. 145, § 40, 39 Stat. 965; bills, were to contain one subject. May 17, 1932, ch. 190, 47 Stat. 158, vested judicial power Section 833, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, in courts established and in operation on Mar. 2, 1917, provided that revenue bills were to originate in house provided for appointment of chief justice and associate of representatives. justices of the supreme court by President with advice Section 834, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, and consent of , and authorized related to appropriation bills for executive, legislative Puerto Rican legislature to organize, modify or rear- and judicial departments. range the courts and their jurisdiction and procedure, Section 835, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, except United States District Court. related to revival or amendment of laws. EFFECTIVE DATE OF REPEAL Section 836, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, required legislature to prescribe number, duties and Repeal effective July 25, 1952, see note set out under compensation of officers and employees. section 732 of this title. Page 67 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 868

§ 862. Omitted Provisions similar to those in this section were con- tained in act Apr. 12, 1900, ch. 191, § 34, 31 Stat. 84. CODIFICATION AMENDMENTS Section, act Sept. 21, 1922, ch. 365, 42 Stat. 993, con- ferred on the courts of Puerto Rico jurisdiction of of- 1948—Act June 25, 1948, amended section generally, fenses under act Oct. 28, 1919, ch. 85, 41 Stat. 305, the and struck out provisions relating to the term of dis- National Prohibition Act. trict court and appeals to the circuit court. 1928—Act Jan. 31, 1928, abolished writ of error in civil § 863. Repealed. Pub. L. 91–272, § 13, June 2, 1970, and criminal cases and made all relief formerly ob- 84 Stat. 298 tained by writ of error obtainable by appeal. 1925—Act Feb. 13, 1925, ch. 229, § 13, repealed provi- Section, acts Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; sions of this section permitting a direct review by the Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156; Mar. 4, 1921, ch. Supreme Court of cases in the courts in Puerto Rico. 161, § 1, 41 Stat. 1412; Mar. 4, 1923, ch. 295, 42 Stat. 1560; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; May 17, 1932, ch. 190, CHANGE OF NAME 47 Stat. 158; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; July ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ 31, 1946, ch. 704, 60 Stat. 716; June 25, 1948, ch. 646, § 20, pursuant to act May 17, 1932, which is classified to sec- 62 Stat. 989, set out jurisdiction of United States Dis- tion 731a of this title. trict Court for District of Puerto Rico and provided for salaries of judge and officials of the court and for fill- EFFECTIVE DATE OF 1948 AMENDMENT ing of vacancies. Section 34 of act Apr. 12, 1900, ch. 191, Amendment by act June 25, 1948, effective Sept. 1, 31 Stat. 84, formerly cited as a credit to this section, 1948, see section 38 of that act, set out as an Effective was not repealed by act June 2, 1970. Date note preceding section 1 of Title 28, Judiciary and SAVINGS PROVISION Judicial Procedure.

Pub. L. 91–272, § 13, June 2, 1970, 84 Stat. 298, as REPEALS amended by Pub. L. 91–450, Oct. 14, 1970, 84 Stat. 922, provided in part that nothing in the repeal of Act Mar. Section 39 of act June 25, 1948, repealed section 1 of 2, 1917, as amended, by said section 13 would impair the act Feb. 13, 1925, ch. 229, 43 Stat. 936, formerly cited as jurisdiction of the United States District Court for the a credit to this section, which authorized review in the District of Puerto Rico to hear and determine any ac- Circuit Court of Appeals in the First Circuit. tion or matter begun in the court on or before June 2, 1970. § 865. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 § 864. Appeals, certiorari, removal of causes, etc.; Section, acts Mar. 2, 1917, ch. 145, § 43, 39 Stat. 966; use of English language Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. The laws of the United States relating to ap- 14, § 1, 45 Stat. 54, related to writs of error and appeals. peals, certiorari, removal of causes, and other See section 1294 of Title 28, Judiciary and Judicial Pro- cedure. matters or proceedings as between the courts of the United States and the courts of the several EFFECTIVE DATE OF REPEAL States shall govern in such matters and proceed- Repeal effective Sept. 1, 1948, see section 38 of act ings as between the United States District Court June 25, 1948, set out as an Effective Date note preced- for the District of Puerto Rico and the courts of ing section 1 of Title 28, Judiciary and Judicial Proce- Puerto Rico. dure. All pleadings and proceedings in the United States District Court for the District of Puerto § 866. Omitted Rico shall be conducted in the English language. CODIFICATION (Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85; Mar. 2, Section, act Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85, pro- 1917, ch. 145, § 42, 39 Stat. 966; Feb. 13, 1925, ch. vided that all proceedings in Supreme Court of United 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. 14, § 1, 45 States to review decisions of Supreme Court of Puerto Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; June Rico and the District Court of the United States for 25, 1948, ch. 646, § 21, 62 Stat. 990.) Puerto Rico, should be conducted in the English lan- guage. REFERENCES IN TEXT § 867. Repealed. Pub. L. 90–274, § 103(g), Mar. 27, The laws of the United States relating to appeals, 1968, 82 Stat. 63 certiorari, removal of causes, and other matters or pro- ceedings, referred to in text, are classified to Title 28, Section, acts Mar. 2, 1917, ch. 145, § 44, 39 Stat. 966; Judiciary and Judicial Procedure. May 17, 1932, ch. 190, 47 Stat. 158, set out qualifications CODIFICATION for jurors in District Court of United States for Puerto Rico as different from those set by local law and di- ‘‘United States District Court for the District of rected that juries be selected, drawn, and subject to ex- Puerto Rico’’ substituted in text for ‘‘District Court of emption in accordance with laws of Congress insofar as the United States for Puerto Rico’’ in view of section locally applicable. 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial dis- EFFECTIVE DATE OF REPEAL trict a district court which shall be a court of record Repeal effective 270 days after Mar. 27, 1968, except as known as the United States District Court for the dis- to cases in which an indictment is returned or petit trict’’ and section 119 of Title 28, which states that jury is empaneled prior to such effective date, see sec- ‘‘Puerto Rico constitutes one judicial district.’’ tion 104 of Pub. L. 90–274, set out as an Effective Date PRIOR PROVISIONS of 1968 Amendment note under section 1861 of Title 28, Judiciary and Judicial Procedure. Act Mar. 3, 1911, ch. 231, § 244, 36 Stat. 1157, related to direct appeals from The Supreme Court and the United § 868. Fees part of United States revenues District Court for Puerto Rico to the United States Su- preme Court, prior to repeal by act Jan. 28, 1915, ch. 22, All fees, fines, costs, and forfeitures as would § 3, 38 Stat. 804. be deposited to the credit of the United States if § 869 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 68 collected and paid into a district court of the officials. See section 604 of Title 28, Judiciary and Judi- United States shall become revenues of the cial Procedure. United States when collected and paid into the EFFECTIVE DATE OF REPEAL United States District Court for the District of Puerto Rico. The sum of $500 a year from such Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preced- fees, fines, costs, and forfeitures shall be re- ing section 1 of Title 28, Judiciary and Judicial Proce- tained by the clerk and expended for law library dure. purposes under the direction of the judge. § 871. Omitted (Mar. 2, 1917, ch. 145, § 45, 39 Stat. 966; May 17, 1932, ch. 190, 47 Stat. 158.) CODIFICATION

CODIFICATION Section, acts Mar. 2, 1917, ch. 145, § 47, 39 Stat. 967; May 17, 1932, ch. 190, 47 Stat. 158, which related to fees ‘‘United States District Court for the District of and mileage of jurors and witnesses, was superseded by Puerto Rico’’ substituted in text for ‘‘District Court of sections 1821, 1825 and 1871 of Title 28, Judiciary and Ju- the United States for Puerto Rico’’ in view of section dicial Procedure. 132(a) of Title 28, Judiciary and Judicial Procedure, which states that ‘‘There shall be in each judicial dis- § 872. Habeas corpus; mandamus; suit to restrain trict a district court which shall be a court of record assessment or collection of taxes known as the United States District Court for the dis- trict’’ and section 119 of Title 28, which states that The supreme and district courts of Puerto ‘‘Puerto Rico constitutes one judicial district’’. Rico and the respective judges thereof may PRIOR PROVISIONS grant writs of habeas corpus in all cases in which the same are grantable by the judges of Provisions similar to those in this section were con- the district courts of the United States, and the tained in act Mar. 2, 1901, ch. 812, § 2, 31 Stat. 953. district courts may grant writs of mandamus in CHANGE OF NAME all proper cases. ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ No suit for the purpose of restraining the as- pursuant to act May 17, 1932, which is classified to sec- sessment or collection of any tax imposed by the tion 731a of this title. laws of Puerto Rico shall be maintained in the United States District Court for the District of § 869. Fees payable by United States out of reve- Puerto Rico. nue of Puerto Rico (Mar. 2, 1927, ch. 145, § 48, 39 Stat. 967; Mar. 4, Such fees and expenses as are payable by the 1927, ch. 503, § 7, 44 Stat. 1421; May 17, 1932, ch. United States if earned or incurred in connec- 190, 47 Stat. 158.) tion with a district court of the United States shall be paid from the revenue of Puerto Rico if CODIFICATION earned or incurred in connection with the ‘‘United States District Court for the District of United States District Court for the District of Puerto Rico’’ substituted in text for ‘‘District Court of Puerto Rico. the United States for Puerto Rico’’ in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, (Mar. 2, 1901, ch. 812, § 2, 31 Stat. 953; May 17, which states that ‘‘There shall be in each judicial dis- 1932, ch. 190, 47 Stat. 158.) trict a district court which shall be a court of record known as the United States District Court for the dis- CODIFICATION trict’’ and section 119 of Title 28 which states that ‘‘United States District Court for the District of ‘‘Puerto Rico constitutes one judicial district’’. Puerto Rico’’ substituted in text for ‘‘District Court of AMENDMENTS the United States for Puerto Rico’’ in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, 1927—Act Mar. 4, 1927, added second paragraph. which states that ‘‘There shall be in each judicial dis- trict a district court which shall be a court of record CHANGE OF NAME known as the United States District Court for the dis- ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ trict’’ and section 119 of Title 28 which states that pursuant to act May 17, 1932, which is classified to sec- ‘‘Puerto Rico constitutes one judicial district’’. tion 731a of this title. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. § 873. Repealed. July 3, 1950, ch. 446, § 5(2), 64 As originally enacted, so much of section 2 of act Stat. 320 Mar. 2, 1901, as is pertinent here, was as follows: ‘‘Such fees and expenses as are payable by the United States, Section, acts Mar. 2, 1917, ch. 145, § 49, 39 Stat. 967; if earned or incurred in connection with a circuit or May 17, 1932, ch. 190, 47 Stat. 158, related to appoint- district court of the United States, shall be paid from ment of judges, marshals and secretaries. the revenues of Porto Rico, if earned or incurred in EFFECTIVE DATE OF REPEAL connection with the district court of the United States for Porto Rico.’’ Repeal effective July 25, 1952, see note set out under section 732 of this title. CHANGE OF NAME ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ § 873a. Repealed. June 25, 1948, ch. 646, § 39, 62 pursuant to act May 17, 1932, which is classified to sec- Stat. 992 tion 731a of this title. Section, act Feb. 12, 1940, ch. 25, § 1, 54 Stat. 22, which § 870. Repealed. June 25, 1948, ch. 646, § 39, 62 related to rules governing civil cases. See section 2072 Stat. 992 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF REPEAL Section, acts Mar. 2, 1917, ch. 145, § 46, 39 Stat. 966; Feb. 26, 1919, ch. 49, §§ 2, 4, 40 Stat. 1182; Aug. 7, 1939, ch. Repeal effective Sept. 1, 1948, see section 38 of act 501, § 6, 53 Stat. 1226, related to salaries of district court June 25, 1948, set out as an Effective Date note preced- Page 69 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 893 ing section 1 of Title 28, Judiciary and Judicial Proce- Provisions note under section 31 of Title 2, The Con- dure. gress. The other part of the fourth sentence of section 36, which allowed the commissioner $500 as mileage, § 874. Judicial process; officials to be citizens of was classified to former section 46 of Title 2 and was United States; oath omitted from the Code as superseded by former section 43b–1 of Title 2. The fifth and sixth sentences of section All judicial process shall run in the name of 36 are classified to section 892 of this title. ‘‘United States of America, ss, the President of the United States’’, and all penal or criminal PRIOR PROVISIONS prosecutions in the local courts shall be con- Provisions similar to those in this section were con- ducted in the name and by the authority of ‘‘The tained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86. People of Puerto Rico.’’ All officials shall be The salary allowed by section 39 of act Apr. 12, 1900, citizens of the United States, and, before enter- was increased by act Feb. 26, 1907, ch. 1635, § 4, 34 Stat. ing upon the duties of their respective offices, 993. The resident commissioner was allowed traveling ex- shall take an oath to support the Constitution penses in addition to his salary, and the commence- of the United States and the laws of Puerto ment of his term was fixed by act July 1, 1902, ch. 1383, Rico. § 3, 32 Stat. 732. (Mar. 2, 1917, ch. 145, § 10, 39 Stat. 954; May 17, The manner of paying the salary and traveling ex- penses of the resident commissioner was fixed by a pro- 1932, ch. 190, 47 Stat. 158.) vision of act June 22, 1906, ch. 3514, § 1, 34 Stat. 417.

PRIOR PROVISIONS AMENDMENTS Provisions similar to those in this section were con- 1934—Act June 5, 1934, changed commencement of tained in act Apr. 12, 1900, ch. 191, § 16, 31 Stat. 81. term of office from Mar. 4 to Jan. 3 following the gen- CHANGE OF NAME eral election. ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ CHANGE OF NAME pursuant to act May 17, 1932, which is classified to sec- ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ tion 731a of this title. pursuant to act May 17, 1932, which is classified to sec- tion 731a of this title. §§ 875, 876. Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992 § 892. Qualifications of Commissioner; appoint- Section 875, act Mar. 2, 1917, ch. 145, § 55, 39 Stat. 968, ment to fill vacancy related to continuation of court’s jurisdiction. No person shall be eligible to election as Resi- Section 876, act Jan. 7, 1913, ch. 6, 37 Stat. 648, related dent Commissioner who is not a bona fide citi- to temporary judge. zen of the United States and who is not more EFFECTIVE DATE OF REPEAL than twenty-five years of age, and who does not Repeal effective Sept. 1, 1948, see section 38 of act read and write the English language. In case of June 25, 1948, set out as an Effective Date note preced- a vacancy in the office of Resident Commis- ing section 1 of Title 28, Judiciary and Judicial Proce- sioner by death, resignation, or otherwise, the dure. governor, by and with the advice and consent of the senate, shall appoint a Resident Commis- SUBCHAPTER V—RESIDENT COMMISSIONER sioner to fill the vacancy, who shall serve until the next general election and until his successor § 891. Resident Commissioner; election is elected and qualified. The qualified electors of Puerto Rico shall (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963.) choose a Resident Commissioner to the United States at each general election, whose term of CODIFICATION office shall be four years from the 3d of January Section is comprised of fifth and sixth sentences of following such general election, and who shall section 36 of act Mar. 2, 1917. For classification of the be entitled to receive official recognition as remainder of section 36, see Codification note set out such commissioner by all of the departments of under section 891 of this title. the Government of the United States, upon pres- PRIOR PROVISIONS entation, through the Department of State, of a certificate of election of the Governor of Puerto Provisions similar to those in this section were con- Rico. tained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86. (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; May 17, § 893. Salary of Commissioner; allowances; frank- 1932, ch. 190, 47 Stat. 158; June 5, 1934, ch. 390, § 5, ing privilege 48 Stat. 879.) The Resident Commissioner shall receive a CODIFICATION salary payable monthly by the United States. He shall be allowed the same sum for stationery Section is comprised of second sentence of section 36 of act Mar. 2, 1917. The first sentence of section 36, pro- and for the pay of necessary clerk hire as is al- viding for election of a Resident Commissioner to the lowed Members of the House of Representatives United States at the next general election for a term of the United States. He shall be allowed the commencing with date of issuance of certificate of elec- franking privilege granted Members of Congress. tion and terminating Mar. 4, 1921, was omitted. Parts of the third and fourth sentences of section 36 are classi- (Mar. 2, 1917, ch. 145, § 36, 39 Stat. 963; Mar. 4, fied to section 893 of this title. The other part of the 1925, ch. 549, § 4, 43 Stat. 1301.) third sentence of section 36, which fixed the salary of CODIFICATION the commissioner at $7,500 per annum, was superseded by act Feb. 26, 1907, ch. 1635, § 4, 34 Stat. 993, as amended Section is comprised of parts of third and fourth sen- by act Mar. 4, 1925, ch. 549, § 4, 43 Stat. 1301. See Prior tences of section 36 of act Mar. 2, 1917. For classifica- § 894 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 70 tion of the remainder of section 36, see Codification issue notes, bonds, and other obligations of such note set out under section 891 of this title. character and maturity, with such security, and in such manner as the respective § 894. Salary and traveling expenses; payment may provide. Such notes, bonds, and other obli- The salary and traveling expenses of the Resi- gations shall not be a debt of the United States, dent Commissioner from Puerto Rico to the or of any Territory or municipal corporation or United States shall be paid by the Chief Admin- other political subdivision or agency thereof istrative Officer of the House of Representatives other than the public corporate authority which in the same manner as the salaries of the mem- issued such notes, bonds, or obligations, nor con- bers of the House of Representatives are paid. stitute a debt, indebtedness, or the borrowing of money within the meaning of any limitation or (June 22, 1906, ch. 3514, § 1, 34 Stat. 417; May 17, restriction on the issuance of notes, bonds, or 1932, ch. 190, 47 Stat. 158; Pub. L. 104–186, title II, other obligations contained in any laws of the § 224(1), Aug. 20, 1996, 110 Stat. 1752.) United States applicable to Puerto Rico, or to CODIFICATION any municipal corporation or other political Section was not enacted as part of the Puerto Rican subdivision or agency thereof. Federal Relations Act which comprises this chapter. (July 18, 1950, ch. 466, title I, § 101, 64 Stat. 344; AMENDMENTS Aug. 11, 1955, ch. 783, title I, § 107(3), (7), (9), 69 Stat. 637, 638.) 1996—Pub. L. 104–186 substituted ‘‘Chief Administra- tive Officer’’ for ‘‘Sergeant-at-Arms’’. REFERENCES IN TEXT

CHANGE OF NAME The Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended, referred to in text, is act July ‘‘Puerto Rico’’ substituted in text for ‘‘Porto Rico’’ 15, 1949, ch. 338, 63 Stat. 413, as amended. Title I of the pursuant to act May 17, 1932, which is classified to sec- Housing Act of 1949 was classified generally to sub- tion 731a of this title. chapter II (§ 1450 et seq.) of chapter 8A of Title 42, The Public Health and Welfare, and was omitted from the SUBCHAPTER VI—SLUM CLEARANCE AND Code pursuant to section 5316 of Title 42 which termi- URBAN REDEVELOPMENT PROJECTS nated the authority to make grants or loans under such title I after Jan. 1, 1975. For complete classification of § 910. Slum clearance and urban redevelopment this Act to the Code, see Short Title note set out under and renewal projects; powers of government section 1441 of Title 42 and Tables. The government of Puerto Rico acting This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, as amended, known as the Terri- through its legislature, may create a public cor- torial Enabling Act of 1950, which enacted sections 480 porate authority or authorities and may author- to 480b, 483a, 483b, 721 to 721b, 910 to 910b, 1408 to 1408e ize such authority or authorities or any other of this title, amended sections 481 to 483 and 722 of this public corporate authority or any municipal title, and enacted provisions set out as notes under sec- corporation or political subdivision, acting di- tions 480, 481, and 722 of this title. For complete classi- rectly or through any officer or agency thereof fication of this Act to the Code, see Tables. or through a public corporate authority, to un- CODIFICATION dertake slum clearance and urban redevelop- ment projects and urban renewal projects and to Section was not enacted as part of the Puerto Rican do all things, exercise any and all powers, and to Federal Relations Act which comprises this chapter. Section 101 of act July 18, 1950, cited as a credit to assume and fulfill any and all obligations, du- this section, as applicable to Alaska and Hawaii, was ties, responsibilities, and requirements, includ- classified to sections 480 and 721 of this title. ing but not limited to those relating to planning and zoning, necessary or desirable for receiving AMENDMENTS Federal assistance under title I of the Housing 1955—Act Aug. 11, 1955, included urban renewal Act of 1949 (Public Law 171, Eighty-first Con- projects, and inserted ‘‘as amended’’ after ‘‘(Public Law gress), as amended [42 U.S.C. 1450 et seq.], or any 171, Eighty-first Congress)’’ and after ‘‘this Act’’. other law, except that public corporate authori- URBAN RENEWAL ACTIVITIES ties (as distinct from municipalities or political subdivisions) created or authorized to operate in Financial assistance available for urban renewal proj- accordance with this Act, as amended, shall not ects, see section 107(1), (2) of act Aug. 11, 1955. be given any power of taxation or any power to § 910a. Authorization of loans, conveyances, etc., pledge the full faith and credit of the people of by government and municipalities the Territory, or municipality, or political sub- division, as the case may be, for any loan what- The government of Puerto Rico may assist ever. The Legislature of Puerto Rico may, with slum clearance and urban redevelopment respect to any public corporate authority or au- projects and urban renewal projects through thorities empowered or which may be empow- cash donations, loans, conveyances of real and ered to undertake slum clearance and urban re- personal property, facilities, and services, and development projects and urban renewal otherwise, and may authorize municipalities or projects, provide for the appointment and terms other political subdivisions to make cash dona- of office of the members thereof, and for the tions, loans, conveyances of real and personal powers of such authorities, including authority property to public corporate authorities and to to accept whatever benefits the Federal Govern- take other action, including but not limited to ment may make available for slum clearance the making available or the furnishing of facili- and urban redevelopment projects and urban re- ties and services, in aid of slum clearance and newal projects, and authority, notwithstanding urban redevelopment projects and urban renewal any other Federal law, to borrow money and to projects. Page 71 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1001 to 1008

(July 18, 1950, ch. 466, title I, § 102, 64 Stat. 344; Puerto Rico to make loans, donations, and con- Aug. 11, 1955, ch. 783, title I, § 107(3), 69 Stat. 637.) veyances of money or property to such authori- ties; may make and authorize any municipality CODIFICATION of Puerto Rico to make available its facilities Section was not enacted as part of the Puerto Rican and services to such authorities and take other Federal Relations Act which comprises this chapter. action in aid of slum clearance or low-rent hous- Section 102 of act July 18, 1950, cited as a credit to this section, as applicable to Alaska and Hawaii, was ing; and may, without regard to any Federal classified to sections 480a and 721a of this title. Acts restricting the disposition of public prop- erty or lands in Puerto Rico, provide for the use AMENDMENTS by or disposal to such authorities of any public 1955—Act Aug. 11, 1955, included urban renewal proj- lands or other property held or controlled by the ects. people of Puerto Rico, its municipalities, or § 910b. Ratification of prior acts other subdivisions. (June 25, 1938, ch. 703, § 3, 52 Stat. 1203.) All legislation heretofore enacted by the Leg- islature of the Territory of Puerto Rico dealing CODIFICATION with the subject matter of this Act and not in- Section was not enacted as part of the Puerto Rican consistent herewith is ratified and confirmed. Federal Relations Act which comprises this chapter. (July 18, 1950, ch. 466, title I, § 103, 64 Stat. 345.) § 914. Issuance of bonds and obligations REFERENCES IN TEXT The legislature may authorize such authori- This Act, referred to in text, means act July 18, 1950, ties to issue bonds or other obligations with ch. 466, 64 Stat. 344, as amended, known as the Terri- such security as the legislature may provide and torial Enabling Act of 1950, which enacted sections 480 may provide for the disposition of the proceeds to 480b, 483a, 483b, 721 to 721b, 910 to 910b, 1408 to 1408e of this title, amended sections 481 to 483 and 722 of this of such bonds and all receipts and revenues of title, and enacted provisions set out as notes under sec- such authorities. tions 480, 481, and 722 of this title. For complete classi- (June 25, 1938, ch. 703, § 4, 52 Stat. 1203.) fication of this Act to the Code, see Tables. CODIFICATION CODIFICATION Section was not enacted as part of the Puerto Rican Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. Federal Relations Act which comprises this chapter. Section 103 of act July 18, 1950, cited as a credit to § 915. Bonds as public debt this section, as applicable to Alaska and Hawaii, was classified to sections 480b and 721b of this title. Such bonds shall not be a debt of Puerto Rico or any municipality, and shall not constitute a SUBCHAPTER VII—LOW RENT HOUSING public indebtedness within the meaning of sec- PROJECTS AND ELIMINATION OF SUB- tion 745 of this title. STANDARD HOUSING (June 25, 1938, ch. 703, § 5, 52 Stat. 1203.) § 911. Legislative authorization to create authori- ties CODIFICATION Section was not enacted as part of the Puerto Rican The Legislature of Puerto Rico may create Federal Relations Act which comprises this chapter. public corporate authorities to undertake slum clearance and projects to provide dwelling ac- § 916. Ratification of previous legislation commodations for families of low income. All legislation heretofore enacted by the Leg- (June 25, 1938, ch. 703, § 1, 52 Stat. 1203.) islature of Puerto Rico dealing with the subject CODIFICATION matter of sections 911 to 916 of this title and not inconsistent herewith is ratified and confirmed. Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. (June 25, 1938, ch. 703, § 6, 52 Stat. 1203.) § 912. Authority to appoint commissioners; pow- CODIFICATION ers of authorities Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter. The Legislature of Puerto Rico may provide for the appointment and terms of the commis- CHAPTER 5—PHILIPPINE ISLANDS sioners of such authorities, and for the powers of PHILIPPINE INDEPENDENCE such authorities, except that such authorities shall be given no power of taxation, and may au- Independence of Philippine Islands recognized and thorize the commissioners of such authorities to American sovereignty withdrawn by Proc. No. 2695, eff. fix the salaries of employees. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, issued pursuant to section 1394 of Title 22, Foreign Relations and Inter- (June 25, 1938, ch. 703, § 2, 52 Stat. 1203.) course, and set out under that section. CODIFICATION §§ 1001 to 1008. Omitted

Section was not enacted as part of the Puerto Rican CODIFICATION Federal Relations Act which comprises this chapter. Sections 1001 to 1008 were omitted in view of recogni- § 913. Authorization of loans, conveyances, etc., tion of Philippine independence. by municipalities Section 1001, act Aug. 29, 1916, § 1, 39 Stat. 545, defined Philippine Islands. The legislature may appropriate funds for and Section 1002, act Aug. 29, 1916, ch. 416, § 2, 39 Stat. 546, may make and authorize any municipality of related to Philippine citizenship. § 1009 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 72

Section 1003, act Aug. 29, 1916, ch. 416, § 5, 39 Stat. 547, Section 1041, act Aug. 29, 1916, ch. 416, § 8, 39 Stat. 547, related to application of statutory law of United related to grant of legislative power to Philippine Leg- States. islature. Section 1004, act Aug. 29, 1916, ch. 416, § 6, 39 Stat. 547, Section 1042, act Aug. 29, 1916, ch. 416, § 10, 39 Stat. related to continuing force and effect of Philippine 548, related to Legislature’s authority over trade rela- laws. tions, tariff acts, and immigration. Section 1005, act Aug. 29, 1916, ch. 416, § 7, 39 Stat. 547, Section 1043, act Aug. 29, 1916, ch. 416, § 12, 39 Stat. related to power of to modify, 548, related to composition of Legislature. repeal, etc., laws. Section 1044, act Aug. 29, 1916, ch. 416, § 13, 39 Stat. Section 1006, act Aug. 29, 1916, ch. 416, § 31, 39 Stat. 549, related to qualifications and election of senators. 556, related to laws continued in force. Section 1045, act Aug. 29, 1916, ch. 416, 14, 39 Stat. 549, Section 1007, act Aug. 29, 1916, ch. 416, § 4, 39 Stat. 547, related to qualifications and election of representa- related to payment of expenses of Philippine govern- tives. ment. Section 1046, act Aug. 29, 1916, ch. 416, § 16, 39 Stat. Section 1007a, acts Sept. 1, 1937, ch. 898, title V, § 503, 549, related to senatorial and representative districts. 50 Stat. 915; Oct. 15, 1940, ch. 887, 54 Stat. 1178, related Section 1047, act Aug. 29, 1916, ch. 416, § 15, 39 Stat. to appropriations for financing program of economic 549, related to qualifications of voters. adjustment. Section 1048, act Aug. 29, 1916, ch. 416, § 17, 39 Stat. Section 1008, act Aug. 29, 1916, ch. 416, § 3, 39 Stat. 546, 550, related to terms of office of senators and represent- related to a bill of rights and restrictions for Philippine atives. Islands. Section 1049, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. 550, related to legislative sessions. § 1009. Repealed. Oct. 31, 1951, ch. 655, § 56(d), 65 Section 1050, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. 550, related to compensation and privileges of members. Stat. 729 Section 1051, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. Section, act Mar. 8, 1902, ch. 140, § 9, 32 Stat. 55, relat- 550, related to ineligibility of senators and representa- ed to requirements as to evidence in treason cases in tives to hold certain offices. . Section 1052, act Aug. 29, 1916, ch. 416, § 19, 39 Stat. 551, related to enactment of laws and approval by Presi- SAVINGS PROVISION dent of the United States. Section 1053, act Aug. 29, 1916, ch. 416, § 19, 39 Stat. Act Oct. 31, 1951, ch. 655, § 56(l), 65 Stat. 730, provided 551, related to failure to make appropriations. that the repeal of this section should not affect any Section 1054, acts Aug. 29, 1916, ch. 416, § 19, 39 Stat. rights or liabilities existing hereunder on the effective 551; May 29, 1928, ch. 901, § 1, 45 Stat. 996; Feb. 28, 1929, date of that repeal (Oct. 31, 1951). ch. 364, §§ 1, 2, 45 Stat. 1348, related to reporting of laws to Congress. §§ 1010 to 1019. Omitted Section 1055, acts June 2, 1924, ch. 234, § 261, 43 Stat. 294; Feb. 26, 1926, ch. 27, §§ 261, 1200, 44 Stat. 52, 125, re- CODIFICATION lated to income tax laws. Sections 1010 to 1019 were omitted in view of recogni- tion of Philippine independence. §§ 1071 to 1078. Omitted Section 1010, acts Aug. 29, 1916, ch. 416, § 11, 39 Stat. CODIFICATION 548; July 21, 1921, ch. 51, 42 Stat. 145; May 31, 1922, ch. 203, 42 Stat. 599, related to prohibition against export Sections 1071 to 1078 were omitted in view of recogni- duties and imposition of taxes and assessments. tion of Philippine independence. Section 1011, acts July 1, 1902, ch. 1369, § 84, 32 Stat. Section 1071, acts July 1, 1902, ch. 1369, § 9, 32 Stat. 695; 711; July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714; Aug. Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to juris- 13, 1946, ch. 958, § 5, 60 Stat. 1049, related to shipping, diction of the courts. customs, duties, seamen, and health laws. Section 1072, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. Section 1011a, act July 3, 1930, ch. 831, 46 Stat. 851, re- 555, related to admiralty jurisdiction. lated to imports consigned to departments and bureaus Section 1073, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. of United States Government. 555, related to appointment of chief justice and associ- Section 1012, act Feb. 6, 1905, ch. 453, § 5, 33 Stat. 692, ate justices of supreme court. related to admission free of duty of railroad material. Section 1074, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. Section 1013, act Feb. 6, 1905, ch. 453, § 6, 33 Stat. 692, 555, related to appointment of judges of courts of first related to administration of immigration laws. instance. Section 1014, act Apr. 29, 1908, ch. 152, § 5, 35 Stat. 70, Section 1075, acts Aug. 29, 1916, ch. 416, § 29, 39 Stat. related to administration of navigation laws. 556; May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997, related to Section 1015, act Apr. 29, 1908, ch. 152, § 1, 35 Stat. 70, salaries of judges. related to temporary regulation of transportation of Section 1075a, act May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. merchandise and passengers. 997, related to salaries of judges. Section 1076, act Apr. 9, 1910, No. 19, 36 Stat. 877, re- Section 1016, acts Apr. 29, 1908, ch. 152, § 4, 35 Stat. 70; lated to special terms of supreme court. Aug. 29, 1916, ch. 416, § 22, 39 Stat. 553, related to li- Section 1077, act Feb. 6, 1905, ch. 453, § 7, 33 Stat. 692, censes to certain vessels. related to temporary judges of supreme court, prior to Section 1017, act Apr. 29, 1908, ch. 152, § 3, 35 Stat. 70, repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 639. related to inapplicability to certain foreign vessels of Section 1078, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. restrictions on transportation of merchandise and pas- 555, related to jurisdiction of municipal courts. sengers. Section 1018, act July 1, 1902, ch. 1369, § 11, 32 Stat. 695, §§ 1091 to 1094. Omitted related to improvement of harbors and navigable wa- ters. CODIFICATION Section 1019, acts Mar. 22, 1902, ch. 273, 32 Stat. 88; Sections 1091 to 1094 were omitted in view of recogni- Mar. 2, 1917, ch. 145, § 54, 39 Stat. 968, related to ac- tion of Philippine independence. knowledgment of deeds. Section 1091, acts Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552; June 5, 1934, ch. 390, § 4, 48 Stat. 879, related to ap- §§ 1041 to 1055. Omitted pointment and qualifications of Resident Commis- sioners. CODIFICATION Section 1092, acts July 1, 1902, ch. 1369, § 8, 32 Stat. 694; Sections 1041 to 1055 were omitted in view of recogni- Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552, related to tem- tion of Philippine independence. porary appointment of Resident Commissioners. Page 73 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1191 to 1202

Section 1093, acts May 22, 1908, ch. 186, § 1, 35 Stat. 188; Section 1151, acts Mar. 2, 1903, ch. 980, § 6, 32 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158, related to salary of July 21, 1921, ch. 51, 42 Stat. 146, related to gold and sil- Resident Commissioners. ver peso parity. Section 1094, act Aug. 29, 1916, ch. 416, § 20, 39 Stat. Section 1152, act June 23, 1906, ch. 3521, § 1, 34 Stat. 552, related to allowance for stationery and clerk hire. 453, related to change in weight and fineness of silver coins. §§ 1111 to 1125. Omitted Section 1153, acts Mar. 2, 1903, ch. 980, § 8, 32 Stat. 954; CODIFICATION Feb. 6, 1905, ch. 453, § 10, 33 Stat. 697; June 23, 1906, ch. 3521, § 2, 34 Stat. 453, related to redemption of silver cer- Sections 1111 to 1125 were omitted in view of recogni- tificates. tion of Philippine independence. Section 1154, act Mar. 2, 1903, ch. 980, § 12, 32 Stat. 954, Section 1111, act Aug. 29, 1916, ch. 416, § 21, 39 Stat. related to drawings, designs, and plates. 552, related to appointment, powers, and duties of Gov- Section 1155, act Mar. 2, 1903, ch. 980, § 7, 32 Stat. 954, ernor General. related to previously used silver coins as legal tender. Section 1112, act Aug. 29, 1916, ch. 416, § 23, 39 Stat. Section 1156, act July 1, 1902, ch. 1369, § 83, 32 Stat. 711, 553, related to designation of acting Governor General. related to redemption and reissue of defective coins. Section 1113, act Aug. 29, 1916, ch. 416, § 23, 39 Stat. 553, related to appointment and duties of Vice Gov- § 1157. Transferred ernor. CODIFICATION Section 1114, act Aug. 29, 1916, ch. 416, § 22, 39 Stat. 553, related to increase or decrease in executive depart- Section, acts June 11, 1934, ch. 445, 48 Stat. 929; Aug. ments. 7, 1946, ch. 809, § 1, 60 Stat. 901, which related to deposits Section 1115, act Aug. 29, 1916, ch. 416, § 22, 39 Stat. of public money in the United States Treasury, and 553, related to bureau of non-christian tribes. which had been transferred to section 1333 of Title 22, Section 1116, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. Foreign Relations and Intercourse, terminated on July 553, related to appointment and duties of auditor. 1, 1951, under the provisions of section 2 of act Aug. 7, Section 1117, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 1946. 553, related to deputy and assistant auditor. Section 1118, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. §§ 1171 to 1173. Omitted 553, related to administrative jurisdiction of accounts. CODIFICATION Section 1119, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to auditor’s authority to summon wit- Sections 1171 to 1173 were omitted in view of recogni- nesses. tion of Philippine independence. Section 1120, acts Aug. 29, 1916, ch. 416, § 24, 39 Stat. Section 1171, act Aug. 29, 1916, ch. 416, § 28, 39 Stat. 553; June 10, 1921, ch. 18, §§ 301, 310, 42 Stat. 23, 25, relat- 555, related to granting of franchises and rights and ed to finality of auditor’s decisions. compensation for property taken or damaged. Section 1121, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. Section 1172, act Aug. 29, 1916, ch. 416, § 28, 39 Stat. 553, related to reports by auditors to Governor General 555, related to involuntary servitude and penalties and Secretary of War. therefor. Section 1122, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. Section 1173, act July 1, 1902, ch. 1369, § 75, 32 Stat. 709, 553, related to supervision of auditor’s office by Gov- related to corporation engaged in real estate business. ernor General. Section 1123, act Aug. 29, 1916, ch. 416, § 25, 39 Stat. §§ 1191 to 1202. Omitted 554, related to appeals from auditor’s decisions. CODIFICATION Section 1124, act Aug. 29, 1916, ch. 416, § 29, 39 Stat. 556, related to salaries of officials. Sections 1191 to 1202 were omitted in view of recogni- Section 1125, act Aug. 29, 1916, ch. 416, § 30, 39 Stat. tion of Philippine independence. 556, related to compensation of municipal officers out Section 1191, acts Aug. 29, 1916, ch. 416, § 11, 39 Stat. of provincial and municipal revenues. 548; July 21, 1921, ch. 51, 42 Stat. 145; May 31, 1922, ch. 203, 42 Stat. 599, related to bond issues to anticipate §§ 1141 to 1156. Omitted taxes and revenue. Section 1192, act Feb. 6, 1905, ch. 453, § 2, 33 Stat. 689, CODIFICATION related to bond issues for public improvements. Sections 1141 to 1156 were omitted in view of recogni- Section 1193, act Feb. 6, 1905, ch. 453, § 1, 33 Stat. 689, tion of Philippine independence. related to government bonds as exempt from taxation. Section 1141, act July 1, 1902, ch. 1369, § 76, 32 Stat. 710, Section 1194, acts July 1, 1902, ch. 1369, § 66, 32 Stat. related to establishment of a mint at Manila. 707; Feb. 6, 1905, ch. 453, § 3, 33 Stat. 690, related to mu- Section 1142, act Mar. 2, 1903, ch. 980, § 1, 32 Stat. 952, nicipal indebtedness for improvements. related to establishment of gold peso as unit of value. Section 1195, act July 1, 1902, ch. 1369, § 67, 32 Stat. 707, Section 1143, act Mar. 2, 1903, ch. 980, §§ 2, 3, 32 Stat. related to denominations of bonds. 953, related to coinage of silver pesos. Section 1196, act July 1, 1902, ch. 1369, § 68, 32 Stat. 708, Section 1144, acts July 1, 1902, ch. 1369, § 77, 32 Stat. related to use of funds from sale of bonds. 710; Mar. 2, 1903, ch. 980, § 4, 32 Stat. 953, related to coin- Section 1197, act July 1, 1902, ch. 1369, § 69, 32 Stat. 708, age of subsidiary silver coins. related to taxes to pay bonds and creation of a sinking Section 1145, act Mar. 2, 1903, ch. 980, § 5, 32 Stat. 953, fund. related to limitations on subsidiary coins as legal ten- Section 1198, act July 1, 1902, ch. 1369, §§ 70, 71, 32 Stat. der. 708, related to bonds for sewers and water supply in Ma- Section 1146, act July 1, 1902, ch. 1369, § 79, 32 Stat. 710, nila. related to coinage of minor coins. Section 1199, act July 1, 1902, ch. 1369, § 72, 32 Stat. 708, Section 1147, acts July 1, 1902, ch. 1369, § 82, 32 Stat. related to use of funds from sale of bonds for sewers and 711; Mar. 2, 1903, ch. 980, § 11, 32 Stat. 954, related to de- water supply in Manila. vices and inscriptions on coins. Section 1200, act July 1, 1902, ch. 1369, § 73, 32 Stat. 708, Section 1148, acts July 1, 1902, ch. 1369, § 81, 32 Stat. related to taxes and sinking fund for payment of bonds 710; Mar. 2, 1903, ch. 980, § 10, 32 Stat. 954, related to for sewers and water supply in Manila. place of coinage. Section 1201, act Feb. 6, 1905, ch. 453, § 4, 33 Stat. 690, Section 1149, act Mar. 2, 1903, ch. 980, § 5, 32 Stat. 953, related to guarantee of railroad bonds and the contract related to purchase of silver bullion and recoinage. of guaranty. Section 1150, acts July 1, 1902, ch. 1369, § 80, 32 Stat. Section 1202, act Feb. 6, 1905, ch. 453, § 4, 33 Stat. 690, 710; Mar. 2, 1903, ch. 980, § 9, 32 Stat. 954, related to pur- related to jurisdiction of Supreme Court of Philippines chase of metal. over actions brought under section 1201 of this title. §§ 1221 to 1226 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 74

§§ 1221 to 1226. Omitted §§ 1236b to 1237c. Omitted

CODIFICATION CODIFICATION Sections 1221 to 1226 were omitted in view of recogni- Sections 1236b to 1237c were omitted in view of rec- tion of Philippine independence. ognition of Philippine independence. Section 1221, act Aug. 29, 1916, ch. 416, § 9, 39 Stat. 547, Section 1236b, act Dec. 22, 1941, ch. 617, § 1, 55 Stat. 352, related to restoration of public property and lands related to export tax rate and temporary suspension. ceded to United States by Spain to the Philippine Leg- Section 1236c, act Dec. 22, 1941, ch. 617, § 2, 55 Stat. 852, islature. related to reduction of export quotas and temporary Section 1222, act Aug. 29, 1916, ch. 416, § 9, 39 Stat. 547, suspension. related to approval by President of acts regulating pub- Section 1237, acts Jan. 17, 1933, ch. 11, § 7, 47 Stat. 765; lic domain, mining, and timber. Mar. 24, 1934, ch. 84, § 7, 48 Stat. 460, related to govern- Section 1223, acts July 1, 1902, ch. 1369, § 14, 32 Stat. ment relations and appointment and duties of the High 696; Aug. 29, 1916, ch. 416, § 12, 39 Stat. 548, related to Commissioner to the Philippines. perfecting titles of claimants from Spain. Section 1237a, acts Mar. 21, 1935, ch. 36, title I, 49 Section 1224, act July 1, 1902, ch. 1369, § 63, 32 Stat. 706, Stat. 59; May 15, 1936, ch. 404, § 1, 49 Stat. 1306; July 19, related to authority of Government to acquire real and 1937, ch. 511, § 1, 50 Stat. 516; June 11, 1938, ch. 348, § 1, personal property. 52 Stat. 669; June 28, 1939, ch. 246, § 1, 53 Stat. 858; June Section 1225, acts July 1, 1902, ch. 1369, § 64, 32 Stat. 18, 1940, ch. 395, § 1, 54 Stat. 410; June 28, 1941, ch. 259, § 1, 706; Aug. 29, 1916, ch. 416, §§ 12, 22, 39 Stat. 548, 553, relat- 55 Stat. 309; July 2, 1942, ch. 473, § 1, 56 Stat. 510; July ed to acquisition of property of religious orders. 12, 1943, ch. 219, § 1, 57 Stat. 454, related to salaries of Section 1226, act July 1, 1902, ch. 1369, § 65, 32 Stat. 707, legal advisor and financial expert. related to use of lands acquired from religious orders as Section 1237b, act June 5, 1936, ch. 519, 49 Stat. 1478, public property. related to appointment powers, and duties of the acting High Commissioner, and was repealed by Pub. L. 89–554, §§ 1231 to 1234. Omitted § 8(a), Sept. 6, 1966, 80 Stat. 649. Section 1237c, act Aug. 11, 1937, ch. 581, §§ 1–3, 50 Stat. CODIFICATION 621, 622, related to authorization to Chief Clerk and As- sistant Chief Clerk of High Commissioner to administer Sections 1231 to 1234 were omitted in view of recogni- oaths. tion of Philippine independence. Section 1231, acts Jan. 17, 1933, ch. 11, § 1, 47 Stat. 761; § 1238. Repealed. June 27, 1952, ch. 477, title IV, Mar. 24, 1934, ch. 84, § 1, 48 Stat. 456, related to a conven- § 403(a)(35), 66 Stat. 279 tion to frame a constitution for Philippines. Section 1 of act Jan. 17, 1933, was repealed by Pub. L. 89–554, Section, acts Jan. 17, 1933, ch. 11, § 8, 47 Stat. 767; Mar. § 8(a), Sept. 6, 1966, 80 Stat. 648. 24, 1934, ch. 84, § 8, 48 Stat. 462; Aug. 7, 1939, ch. 502, § 2, Section 1232, acts Jan. 17, 1933, ch. 11, § 10, 47 Stat. 768; 53 Stat. 1230, related to immigration. See section 1151 Mar. 24, 1934, ch. 84, § 2, 48 Stat. 457; Proc. No. 2695, eff. et seq. of Title 8, Aliens and Nationality. July 4, 1946, 11 F.R. 7515, 60 Stat. 1352, related to manda- tory provisions of constitution. §§ 1238a, 1239. Omitted Section 1233, acts Jan. 17, 1933, ch. 11, § 3, 47 Stat. 763; CODIFICATION Mar. 24, 1934, ch. 84, § 3, 48 Stat. 458, related to submis- sion of proposed constitution to President of United Sections 1238a and 1239 were omitted in view of rec- States. ognition of Philippine independence. Section 1234, acts Jan. 17, 1933, ch. 11, § 4, 47 Stat. 763; Section 1238a, act Aug. 7, 1939, ch. 502, § 8, 53 Stat. Mar. 24, 1934, ch. 84, § 4, 48 Stat. 458, related to submis- 1234, related to assignment of Foreign Service Officers sion of constitution to Filipino people. to Philippines. Section 1239, acts Jan. 17, 1933, ch. 11, § 9, 47 Stat. 768; §§ 1235 to 1236. Transferred Mar. 24, 1934, ch. 84, § 9, 48 Stat. 463, related to obliga- tion of United States as to Philippine bonds and exemp- CODIFICATION tion of bonds from taxation. Section 1235, act Mar. 24, 1934, ch. 84, § 5, 48 Stat. 459, § 1240. Transferred related to transfer of property and rights to Philippine Commonwealth, and was transferred to section 1391 of CODIFICATION Title 22, Foreign Relations and Intercourse. Section, acts Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Section 1235a, act June 29, 1944, ch. 322, § 2, 58 Stat. Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230, related to recogni- 626, related to acquisition of military and naval bases tion of Philippine independence, withdrawal of Amer- by United States, and has been transferred to section ican sovereignty, and property for diplomatic purposes, 1392 of Title 22. and was transferred to section 1394 of Title 22, Foreign Section 1236, acts Mar. 24, 1934, ch. 84, § 6, 48 Stat. 459; Relations and Intercourse. Aug. 7, 1939, ch. 502, § 1, 53 Stat. 1226; Apr. 30, 1946, ch. 244, title V, § 511(2), 60 Stat. 158; Sept. 22, 1959, Pub. L. §§ 1241 to 1243. Omitted 86–346, title I, § 104(1), 73 Stat. 622, related to supple- mentary sinking fund for bond payments, purchase of CODIFICATION bonds by United States, and creation of special trust Sections 1241 to 1243 were omitted in view of recogni- account, and has been transferred to section 1393 of tion of Philippine independence. Title 22. Section 1241, acts Jan. 17, 1933, ch. 11, § 11, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 11; 48 Stat. 463, related to neutral- § 1236a. Omitted ization of the Philippines. Section 1242, acts Jan. 17, 1933, ch. 11, § 12, 47 Stat. 769; CODIFICATION Mar. 24, 1934, ch. 84, § 12, 48 Stat. 463, related to notifica- Section, act June 14, 1935, ch. 240, §§ 1–5, 49 Stat. 340, tion to foreign governments of Philippine Independ- which fixed the quantity of Manila and other fibre ence. products, produced in the Philippine Islands, to be ad- Section 1243, acts Jan. 17, 1933, ch. 11, § 13, 47 Stat. 769; mitted into the United States duty free, by its own Mar. 24, 1934, ch. 84, § 13, 48 Stat. 464; Aug. 7, 1939, ch. terms originally expired three years from May 1, 1935. 502, § 4, 53 Stat. 1231; June 29, 1944, ch. 323, § 1, 58 Stat. By Proc. No. 2272, eff. Jan. 26, 1938, 3 F.R. 222, 52 Stat. 626; Apr. 30, 1946, ch. 244, title V, § 511(3), 60 Stat. 158, re- 1534, the effective period was extended for an additional lated to establishment of Filipino Rehabilitation Com- three years from and including May 1, 1938. mission. Page 75 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1266 to 1270b

§ 1244. Repealed. June 27, 1952, ch. 477, title IV, Section 1257, acts July 10, 1935, ch. 376, § 7, 49 Stat. 479; § 403(a)(35), 66 Stat. 279 July 27, 1939, ch. 390, § 7, 53 Stat. 1134, related to depor- tation. Section, acts Jan. 17, 1933, ch. 11, § 14, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 14, 48 Stat. 464, related to immi- §§ 1261 to 1264. Transferred gration after independence. See section 1151 et seq. of CODIFICATION Title 8, Aliens and Nationality. Sections 1261 to 1264 of this title were transferred to § 1245. Omitted section 1251 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the CODIFICATION Code. Section, acts Jan. 17, 1933, ch. 11, § 15, 47 Stat. 769; Section 1261, act Apr. 30, 1946, ch. 244, title II, § 201, 60 Mar. 24, 1934, ch. 84, § 15, 48 Stat. 464, related to statutes Stat. 143, related to free entry of Philippine articles, continued in force, and was omitted in view of recogni- and was transferred to section 1251 of Title 22. tion of Philippine independence. Section 1261a, act Apr. 30, 1946, ch. 244, title II, § 202, 60 Stat. 143, related to ordinary customs duties on Phil- § 1246. Transferred ippine articles, and was transferred to section 1252 of Title 22. CODIFICATION Section 1261b, act Apr. 30, 1946, ch. 244, title II, § 203, Section, act Mar. 24, 1934, ch. 84, § 16, 48 Stat. 464, was 60 Stat. 144, related to customs duties other than ordi- a saving clause, and has been transferred to a Sepa- nary, and was transferred to section 1253 of Title 22. rability note set out under section 1391 of Title 22, For- Section 1261c, act Apr. 30, 1946, ch. 244, title II, § 204, eign Relations and Intercourse. 60 Stat. 144, related to equality in special import du- ties, and was transferred to section 1254 of Title 22. § 1247. Omitted Section 1261d, act Apr. 30, 1946, ch. 244, title II, § 205, 60 Stat. 144, related to equality in duties on products of CODIFICATION Philippines, and was transferred to section 1255 of Title Section, acts Jan. 17, 1933, ch. 11, § 17, 47 Stat. 770; 22. Mar. 24, 1934, ch. 84, § 17, 48 Stat. 465, related to effective Section 1262, act Apr. 30, 1946, ch. 244, title II, § 211, 60 date, and was omitted in view of recognition of Phil- Stat. 144, related to absolute quota on sugars, and was ippine independence. transferred to section 1261 of Title 22. Section 1262a, act Apr. 30, 1946, ch. 244, title II, § 212, § 1247a. Transferred 60 Stat. 145, related to absolute quota on cordage, and was transferred to section 1262 of Title 22. CODIFICATION Section 1262b, act Apr. 30, 1946, ch. 244, title II, § 213, 60 Stat. 145, related to absolute quota on rice, and was Section, act Mar. 24, 1934, ch. 84, § 18, as added Aug. 7, transferred to section 1263 of Title 22. 1939, ch. 502, § 5, 53 Stat. 1231, related to definitions, and Section 1262c, act Apr. 30, 1946, ch. 244, title II, § 214, has been transferred to section 1395 of Title 22, Foreign 60 Stat. 146, related to absolute and duty free quotas on Relations and Intercourse. certain articles, and was transferred to section 1264 of §§ 1248, 1249. Omitted Title 22. Section 1262d, act Apr. 30, 1946, ch. 244, title II, § 215, CODIFICATION 60 Stat. 147, related to laws putting into effect alloca- tions of quotas, and was transferred to section 1265 of Sections 1248 and 1249 were omitted in view of rec- Title 22. ognition of Philippine independence. Section 1262e, act Apr. 30, 1946, ch. 244, title II, § 216, Section 1248, act Mar. 24, 1934, ch. 84, § 19, as added 60 Stat. 147, related to transfers and assignments of Aug. 7, 1939, ch. 502, § 6, 53 Stat. 1232, related to disposi- quota allocations, and was transferred to section 1266 of tion of tax proceeds. Title 22. Section 1249, act Nov. 8, 1945, ch. 454, 59 Stat. 577, re- Section 1263, act Apr. 30, 1946, ch. 244, title II, § 221, 60 lated to disposition of excise tax proceeds into general Stat. 147, related to equality in internal taxes, and was funds of Philippine Treasury. transferred to section 1271 of Title 22. Section 1263a, act Apr. 30, 1946, ch. 244, title II, § 222, §§ 1251 to 1257. Repealed. June 27, 1952, ch. 477, 60 Stat. 148, related to exemption from tax of manila title IV, § 403(a)(38), 66 Stat. 280 fiber, and was transferred to section 1272 of Title 22. Section 1263b, act Apr. 30, 1946, ch. 244, title II, § 223, Section 1251, acts July 10, 1935, ch. 376, § 1, 49 Stat. 478; 60 Stat. 148, related to prohibition of export taxes, and July 27, 1939, ch. 390, § 1, 53 Stat. 1133; 1940 Reorg. Plan was transferred to section 1273 of Title 22. No. V, § 1, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, re- Section 1263c, act Apr. 30, 1946, ch. 244, title II, § 224, lated to return of native Filipinos residing in the 60 Stat. 148, related to exemption from taxes of articles United States to the Philippines. of official use, and was transferred to section 1274 of Section 1252, acts July 10, 1935, ch. 376, § 2, 49 Stat. 478; Title 22. July 27, 1939, ch. 390, § 2, 53 Stat. 1133; 1940 Reorg. Plan Section 1264, act Apr. 30, 1946, ch. 244, title II, § 231, 60 No. V, § 1, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, re- Stat. 148, related to certain Philippine citizens granted lated to contracts for transportation. non-quota status, and was transferred to section 1281 of Section 1253, acts July 10, 1935, ch. 376, § 3, 49 Stat. 478; Title 22. July 27, 1939, ch. 390, § 3, 53 Stat. 1133; 1940 Reorg. Plan No. V, § 1, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, re- §§ 1266 to 1270b. Transferred lated to rules and regulations. Section 1254, acts July 10, 1935, ch. 376, § 4, 49 Stat. 479; CODIFICATION July 27, 1939, ch. 330, § 4, 53 Stat. 1134, related to return- Sections 1266 to 1270b of this title were transferred to ing to the United States. section 1291 et seq. of Title 22, Foreign Relations and Section 1255, acts July 10, 1935, ch. 376, § 5, 49 Stat. 479; Intercourse, and were subsequently omitted from the July 27, 1939, ch. 390, § 5, 53 Stat. 1134; 1940 Reorg. Plan Code. No. V, § 1, eff. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, re- Section 1266, act Apr. 30, 1946, ch. 244, title III, § 301, lated to authorization of appropriations. 60 Stat. 148, related to a statement of purposes for title Section 1256, acts July 10, 1935, ch. 376, § 6, 49 Stat. 479; III of act Apr. 30, 1946, and was transferred to section June 4, 1936, ch. 497, 49 Stat. 1462; May 14, 1937, ch. 184, 1291 of Title 22. 50 Stat. 165; July 27, 1939, ch. 390, § 6, 53 Stat. 1134; 1940 Section 1267, act Apr. 30, 1946, ch. 244, title III, § 311, Reorg. Plan No. V, § 1, eff. June 14, 1940, 5 F.R. 2223, 54 60 Stat. 149, related to free entry of United States arti- Stat. 1238, related to a time limit for applications. cles, and was transferred to section 1301 of Title 22. §§ 1272 to 1272g TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 76

Section 1267a, act Apr. 30, 1946, ch. 244, title III, § 312, Intercourse, and were subsequently omitted from the 60 Stat. 149, related to ordinary customs duties on Code. United States articles, and was transferred to section Section 1274, act Apr. 30, 1946, ch. 244, title V, § 501, 60 1302 of Title 22. Stat. 155, related to suspension and termination of Section 1267b, act Apr. 30, 1946, ch. 244, title III, § 313, agreement in case of discrimination, and was trans- 60 Stat. 149, related to customs duties other than ordi- ferred to section 1351 of Title 22. nary, and was transferred to section 1303 of Title 22. Section 1274a, act Apr. 30, 1946, ch. 244, title V, § 502, Section 1267c, act Apr. 30, 1946, ch. 244, title III, § 314, 60 Stat. 155, related to suspension of title I of act Apr. 60 Stat. 150, related to equality in special import du- 30, 1946, and was transferred to section 1352 of Title 22. ties, and was transferred to section 1304 of Title 22. Section 1274b, act Apr. 30, 1946, ch. 244, title V, § 503, Section 1267d, act Apr. 30, 1946, ch. 244, title III, § 315, 60 Stat. 156, related to customs duties on importations 60 Stat. 150, related to equality in duties on products of from Philippines, and was transferred to section 1353 of the United States, and was transferred to section 1305 Title 22. of Title 22. Section 1274c, act Apr. 30, 1946, ch. 244, title V, § 504, Section 1268, act Apr. 30, 1946, ch. 244, title III, § 321, 60 Stat. 156, related to quotas on Philippine articles, 60 Stat. 150, related to equality in internal taxes, and and was transferred to section 1354 of Title 22. was transferred to section 1311 of Title 22. Section 1268a, act Apr. 30, 1946, ch. 244, title III, § 322, Section 1274d, act Apr. 30, 1946, ch. 244, title V, 60 Stat. 150, related to prohibition of export taxes, and § 505(b), 60 Stat. 157, related to suspension of processing was transferred to section 1312 of Title 22. tax on coconut oil, and was transferred to section 1355 Section 1268b, act Apr. 30, 1946, ch. 244, title III, § 323, of Title 22. 60 Stat. 150, related to exemption from taxes of articles Section 1274e, act Apr. 30, 1946, ch. 244, title V, for official use, and was transferred to section 1313 of § 506(a), 60 Stat. 157, related to termination of payments Title 22. into Philippine treasury, and was transferred to section Section 1269, act Apr. 30, 1946, ch. 244, title III, § 331, 1356 of Title 22. 60 Stat. 151, related to certain United States citizens Section 1274f, act Apr. 30, 1946, ch. 244, title V, § 508, given non-quota status, and was transferred to section 60 Stat. 158, related to trade agreements with the Phil- 1321 of Title 22. ippines, and was transferred to section 1357 of Title 22. Section 1269a, act Apr. 30, 1946, ch. 244, title III, § 332, Section 1274g, act Apr. 30, 1946, ch. 244, title V, § 509, 60 Stat. 151, related to immigration of United States 60 Stat. 158, related to rights of third countries, and citizens into the Philippines, and was transferred to was transferred to section 1358 of Title 22. section 1322 of Title 22. Section 1274h, act Apr. 30, 1946, ch. 244, title V, § 510, Section 1270, act Apr. 30, 1946, ch. 244, title III, § 341, 60 Stat. 158, related to administration of title I of act 60 Stat. 151, related to rights of U.S. citizens and busi- Apr. 30, 1946, and was transferred to section 1359 of Title nesses in natural resources, and was transferred to sec- 22. tion 1331 of Title 22. Section 1274i, act Apr. 30, 1946, ch. 244, title I, § 2, 60 Section 1270a, act Apr. 30, 1946, ch. 244, title III, § 342, Stat. 141, related to definitions of terms used in act 60 Stat. 151, related to currency stabilization, and was Apr. 30, 1946, and was transferred to section 1360 of Title transferred to section 1332 of Title 22. 22. Section 1270b, act Apr. 30. 1946, ch. 244, title III, § 343, 60 Stat. 151, related to allocation of quotas, and was §§ 1276 to 1276e. Transferred transferred to section 1334 of Title 22. CODIFICATION §§ 1272 to 1272g. Transferred Section 1276, act July 3, 1946, ch. 536, § 2, 60 Stat. 418, CODIFICATION related to retention by United States of title to real Sections 1272 to 1272g of this title were transferred to and personal property, and was transferred to section section 1341 et seq. of Title 22, Foreign Relations and 1381 of Title 22, Foreign Relations and Intercourse. Intercourse, and were subsequently omitted from the Section 1276a, acts July 3, 1946, ch. 536, § 3, 60 Stat. Code. 418; Dec. 21, 1950, ch. 1144, 64 Stat. 1116, related to ad- Section 1272, act Apr. 30, 1946, ch. 244, title IV, § 401, ministration of trading with the enemy provisions in 60 Stat. 151, related to authorization of an executive the Philippines, and was transferred to section 1382 of agreement between the Philippines and the United Title 22. States, and was transferred to section 1341 of Title 22. Section 1276b, act July 3, 1946, ch. 536, § 4, 60 Stat. 419, Section 1272a, act Apr. 30, 1946, ch. 244, title IV, § 402, related to transfer of property by the President of the 60 Stat. 152, related to obligations of the Philippines, United States, and was transferred to section 1383 of and was transferred to section 1342 of Title 22. Title 22. Section 1272b, act Apr. 30, 1946, ch. 244, title IV, § 403, Section 1276c, act July 3, 1946, ch. 536, § 5, 60 Stat. 419, 60 Stat. 153, related to obligations of the United States, related to transfer of shares of corporations owning ag- and was transferred to section 1343 of Title 22. ricultural lands, and was transferred to section 1384 of Section 1272c, act Apr. 30, 1946, ch. 244, title IV, § 404, Title 22. 60 Stat. 153, related to termination of agreement, and Section 1276d, act July 3, 1946, ch. 536, § 6, 60 Stat. 419, was transferred to section 1344 of Title 22. related to ownership of naval reservations, diplomatic Section 1272d, act Apr. 30, 1946, ch. 244, title IV, § 405, property etc., and was transferred to section 1385 of 60 Stat. 154, related to effect of termination of agree- Title 22. ment, and was transferred to section 1345 of Title 22. Section 1276e, act July 3, 1946, ch. 536, § 7, 60 Stat. 420, Section 1272e, act Apr. 30, 1946, ch. 244, title IV, § 406, related to defining terms for purposes of act July 3, 60 Stat. 154, related to interpretation of agreement, and 1946, and was transferred to section 1386 of Title 22. was transferred to section 1346 of Title 22. Section 1272f, act Apr. 30, 1946, ch. 244, title IV, § 407, CHAPTER 6—CANAL ZONE 60 Stat. 154, related to termination of authority to make agreement, and was transferred to section 1347 of CANAL ZONE CODE Title 22. Section 1272g, act Apr. 30, 1946, ch. 244, title IV, § 408, Pub. L. 104–201, div. C, title XXXV, § 3549, Sept. 23, 60 Stat. 154, related to effective date of agreement, and 1996, 110 Stat. 2870, repealed the Panama Canal Code. was transferred to section 1348 of Title 22. Pub. L. 96–70, title III, § 3303(b), Sept. 27, 1979, 93 Stat. 499, redesignated the Canal Zone Code as the Panama §§ 1274 to 1274i. Transferred Canal Code. See References to Canal Zone Code Deemed References to Panama Canal Code note under section CODIFICATION 3602 of Title 22, Foreign Relations and Intercourse. Sections 1274 to 1274i of this title were transferred to Pub. L. 87–845, Oct. 18, 1962, 76A Stat. 1, revised and section 1351 et seq. of Title 22, Foreign Relations and codified into the ‘‘Canal Zone Code’’ all the general and Page 77 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1316 permanent laws relating to and in force in the Canal Section 1307, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. Zone as of Oct. 18, 1962, other than the general laws of 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, the United States relating to or applying in the Canal ch. 91, § 1, 47 Stat. 814; June 19, 1934, ch. 667, § 1, 48 Stat. Zone. 1122; Sept. 26, 1950, ch. 1049, § 2(e), 64 Stat. 1038, related Act June 19, 1934, ch. 667, 48 Stat. 1122, enacted the to jurisdiction of the Governor. ‘‘Canal Zone Code’’ to establish conclusively and be Section 1308, acts Feb. 27, 1909, ch. 224, §§ 1–3, 5, 35 deemed to embrace all the permanent laws relating to Stat. 658; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related or applying in the Canal Zone in force on date of enact- to lease of public lands. ment of the Code. Section 1309, act Aug. 24, 1912, ch. 390, § 2, 37 Stat. 561, related to continuation of early laws and regulations. §§ 1301 to 1304. Omitted Section 1310, acts Aug. 21, 1916, ch. 371, § 1, 39 Stat. 527; Feb. 16, 1933, ch. 92, 47 Stat. 818; June 19, 1934, ch. CODIFICATION 667, § 1, 48 Stat. 1122, related to sanitary regulations. Sections 1301 to 1304 were omitted as not of general Section 1311, acts Aug. 21, 1916, ch. 371, § 2, 39 Stat. application and as covered by the Canal Zone Code. The 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to tax Canal Zone Code was subsequently redesignated the regulations. Panama Canal Code by Pub. L. 96–70, § 3303(b), and re- Section 1311a, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. pealed by Pub. L. 104–201, § 3549. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to Section 1301, acts Aug. 24, 1912, ch. 390, § 14, 37 Stat. penalties for tax violations. 569; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to Section 1312, acts Aug. 21, 1916, ch. 371, § 3, 39 Stat. short title. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to Section 1302, acts Aug. 24, 1912, ch. 390, § 1, 37 Stat. highway regulations. 560; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to es- Section 1312a, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. tablishment of Canal Zone. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 10, 1937, Section 1303, acts Feb. 27, 1909, ch. 224, § 4, 35 Stat. 658; ch. 487, § 2, 50 Stat. 510, related to violations of highway June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to a land regulations. Section 1313, acts Aug. 21, 1916, ch. 371, § 4, 39 Stat. survey of Canal Zone. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to po- Section 1304, acts Aug. 24, 1912, ch. 390, § 3, 37 Stat. lice regulations. 561; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to ac- Section 1314, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. quisition of lands. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to §§ 1304a to 1304c. Repealed. Aug. 10, 1949, ch. 415, violation of regulations generally. § 9(c), 63 Stat. 597 § 1314a. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, Section 1304a, act May 3, 1932, ch. 162, § 1, 47 Stat. 145, 1962, 76A Stat. 701 related to modification of boundary line. Section, act July 9, 1937, ch. 470, § 1, 50 Stat. 486, relat- Section 1304b, act May 3, 1932, ch. 162, § 2, 47 Stat. 146, ed to air regulations. related to effect of modification on title to detached lands. §§ 1314b to 1314e. Repealed. Aug. 10, 1949, ch. Section 1304c, act May 3, 1932, ch. 162, § 3, 47 Stat. 146, 415, § 9(d), 63 Stat. 597 related to effect of modification on pending civil or criminal cases. Section 1314b, act June 19, 1934, ch. 657, § 1, 48 Stat. 1116, related to intoxicating liquors in the Canal Zone. §§ 1305 to 1314. Omitted Section 1314c, act June 19, 1934, ch. 657, § 2, 48 Stat. 1116, related to penalties for violations of intoxicating CODIFICATION liquor regulations. Sections 1305 to 1314a were omitted as not of general Section 1314d, act June 19, 1934, ch. 657, § 3, 48 Stat. application, and as covered by the Canal Zone Code. 1116, related to repeal of prior laws. The Canal Zone Code was subsequently redesignated Section 1314e, act June 19, 1934, ch. 657, § 4, 48 Stat. the Panama Canal Code by Pub. L. 96–70, § 3303(b), and 1116, related to effective date. repealed by Pub. L. 104–201, § 3549. Section 1305, acts Aug. 24, 1912, ch. 390, § 4, 37 Stat. §§ 1314f to 1315a. Omitted 561; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 9, 1937, CODIFICATION ch. 470, § 3, 50 Stat. 487; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880; Sept. 26, 1950, ch. 1049, §§ 1, 2(a), 64 Stat. 1038, Sections 1314f to 1315a were omitted as not of general related to establishment, administration, and functions application, and as covered by the Canal Zone Code. of Canal Zone Government. The Canal Zone Code was subsequently redesignated Section 1305–1, act Sept. 26, 1950, ch. 1049, § 2(a), (b), 64 the Panama Canal Code by Pub. L. 96–70, § 3303(b), and Stat. 1038, related to changes in names of terms ‘‘the repealed by Pub. L. 104–201, § 3549. Panama Canal’’, ‘‘the Canal’’, and ‘‘the Canal authori- Section 1314f, act Oct. 1, 1942, ch. 574, 56 Stat. 763, re- ties’’ to ‘‘the Canal Zone Government’’ and ‘‘the Pan- lated to prohibition of production, possession, and dis- ama Railroad Company’’ to ‘‘the Panama Canal Com- position of marihuana. pany’’. Section 1314g, act Oct. 1, 1942, ch. 574, 56 Stat. 763, re- Section 1305a, acts Aug. 24, 1912, ch. 390, § 4, 37 Stat. lated to defining terms for purposes of act Oct. 1, 1942. 561; Mar. 12, 1928, ch. 213, 45 Stat. 310; June 19, 1934, ch. Section 1314h, acts Oct. 1, 1942, ch. 574, 56 Stat. 763; 667, § 1, 48 Stat. 1122; Sept. 26, 1950, ch. 1049, § 4, 64 Stat. Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to li- 1040, related to compensation of persons in military, censes for certain marihuana uses. Section 1314i, act Oct. 1, 1942, ch. 574, 56 Stat. 763, re- naval, or public health service. lated to violations, punishment, and confiscation. Section 1305b, acts June 19, 1934, ch. 667, § 1, 48 Stat. Section 1315, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 1122; Aug. 12, 1949, ch. 422, § 3, 63 Stat. 602; Sept. 26, 1950, 562; June 15, 1914, ch. 106, § 1, 2, 38 Stat. 385, 386; Aug. 24, ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to special 1937, ch. 752, 50 Stat. 750; Sept. 26, 1950, ch. 1049, § 11, 64 training of employees. Stat. 1042, related to tolls generally. Section 1305c, acts June 19, 1934, ch. 667, § 1, 48 Stat. Section 1315a, act Sept. 26, 1950, ch. 1049, § 12, 64 Stat. 1122; Aug. 12, 1949, ch. 422, § 4, 63 Stat. 601; Sept. 26, 1950, 1042, related to bases of tolls. ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to artificial limbs and appliances for employees injured prior to § 1316. Repealed. Sept. 26, 1950, ch. 1049, § 13(3), Sept. 7, 1916. 64 Stat. 1043 Section 1306, acts Aug. 24, 1912, ch. 390, § 13, 37 Stat. 569; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 179, re- Army control in time of war or emergency. lated to refund of excessive tolls. §§ 1317 to 1319 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 78

§§ 1317 to 1319. Omitted § 1323c. Omitted

CODIFICATION CODIFICATION Sections 1317 to 1319 were omitted as not of general Section, acts Aug. 21, 1916, ch. 371, § 6, 39 Stat. 528; application, and as covered by the Canal Zone Code. Sept. 21, 1922, ch. 370, § 11, 42 Stat. 1008; Feb. 16, 1933, ch. The Canal Zone Code was subsequently redesignated 89, § 2, 47 Stat. 812; June 13, 1940, ch. 358, § 2, 54 Stat. 389, the Panama Canal Code by Pub. L. 96–70, § 3303(b), and related to interest rate on postal-savings certificates repealed by Pub. L. 104–201, § 3549. and was omitted as not of general application, and as Section 1317, acts June 15, 1914, ch. 106, § 2, 38 Stat. covered by the Canal Zone Code. The Canal Zone Code 386; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to was subsequently redesignated the Panama Canal Code reservation of right to discriminate in favor of Amer- by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. ican vessels. 104–201, § 3549. Section 1318, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; Sept. 21, 1922, ch. 370, § 10, 42 Stat. 1008; July 5, 1932, §§ 1323d to 1323h. Repealed. Pub. L. 87–845, ch. 425, 47 Stat. 578; June 19, 1934, ch. 667, § 1, 48 Stat. § 26(b), Oct. 18, 1962, 76A Stat. 701 1122, related to regulations governing the operation of the Canal. Section 1323d, act June 13, 1940, ch. 358, § 2, 54 Stat. Section 1319, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 389, related to faith of United States pledged to pay- 562; June 15, 1914, ch. 106, § 1, 38 Stat. 385; June 19, 1934, ment of deposits. ch. 667, § 1, 48 Stat. 1122; June 13, 1940, ch. 358, § 1, 54 Section 1323e, act June 13, 1940, ch. 358, § 2, 54 Stat. Stat. 387; Sept. 26, 1950, ch. 1049, § 3, 64 Stat. 1039, relat- 389, related to control of money-order and postal-sav- ed to injuries to vessels, cargo, crew, or passengers in ings funds. operation of Canal. Section 1323f, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to deposit of money-order and postal-sav- § 1320. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, ings funds in United States treasury. 1966, 80 Stat. 642 Section 1323g, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to deposit of money-order and postal-sav- Section, act Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562, re- ings funds in banks. lated to injuries to employees. Section 1323h, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to investment of money-order and postal- §§ 1321, 1322. Omitted savings funds in securities of the United States.

CODIFICATION § 1323i. Omitted

Sections 1321 and 1322 were omitted as not of general CODIFICATION application, and as covered by the Canal Zone Code. Section, acts Aug. 21, 1916, ch. 371, § 7, 39 Stat. 528; The Canal Zone Code was subsequently redesignated Feb. 16, 1933, ch. 89, § 3, 47 Stat. 812; June 13, 1940, ch. the Panama Canal Code by Pub. L. 96–70, § 3303(b), and 358, § 2, 54 Stat. 389, related to use of interest and prof- repealed by Pub. L. 104–201, § 3549. its on money-order and postal-savings funds and was Section 1321, acts Aug. 21, 1916, ch. 371, § 10, 39 Stat. omitted as not of general application, and as covered 529; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to by the Canal Zone Code. The Canal Zone Code was sub- passage of persons through the Canal Zone. sequently redesignated the Panama Canal Code by Pub. Section 1322, acts Aug. 21, 1916, ch. 371, 39 Stat. 529; L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549. June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to injury to Canal and appurtenances. § 1323j. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, §§ 1323 to 1323–3. Repealed. Sept. 26, 1950, ch. 1962, 76A Stat. 701 1049, § 13(2), 64 Stat. 1043 Section, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, re- lated to deposit money orders. Section 1323, acts Aug. 24, 1912, ch. 390, § 6, 37 Stat. 563; Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to es- § 1323k. Omitted tablishment and operation of various facilities. Section 1323–1, acts Aug. 24, 1912, ch. 390, § 6, 37 Stat. CODIFICATION 563; Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to or- Section, act Feb. 16, 1933, ch. 89, § 4, 47 Stat. 813, relat- ganization and conduct of facilities as business oper- ed to repeal of prior postal laws and was omitted as not ations. of general application, and as covered by the Canal Section 1323–2, act June 19, 1934, ch. 667, § 53, as added Zone Code. The Canal Zone Code was subsequently re- Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to receipts, designated the Panama Canal Code by Pub. L. 96–70, sales, and services. § 3303(b), and repealed by Pub. L. 104–201, § 3549. Section 1323–3, act June 19, 1934, ch. 667, § 54, as added Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to exemp- §§ 1324, 1325. Repealed. Feb. 16, 1933, ch. 89, § 4, tion of operations of postal service. 47 Stat. 812 § 1323a. Omitted Section 1324, acts Aug. 21, 1916, ch. 371, § 6, 39 Stat. 528; Sept. 21, 1922, ch. 370, § 11, 42 Stat. 1008, related to CODIFICATION interest on deposit money orders. Section, acts Feb. 16, 1933, ch. 89, § 1, 47 Stat. 812; June Section 1325, act Aug. 21, 1916, ch. 371, § 7, 39 Stat. 528, 13, 1940, ch. 358, § 2, 58 Stat. 389; Sept. 26, 1950, ch. 1049, related to use of interest on money-order funds. § 2(b), 64 Stat. 1038, related to postal service generally and was omitted as not of general application, and as §§ 1325a to 1327. Omitted covered by the Canal Zone Code. The Canal Zone Code CODIFICATION was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. Sections 1325a to 1327 were omitted as not of general 104–201, § 3549. application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated § 1323b. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, the Panama Canal Code by Pub. L. 96–70, § 3303(b), and 1962, 76A Stat. 701 repealed by Pub. L. 104–201, § 3549. Section 1325a, acts Feb. 16, 1933, ch. 90, § 1, 47 Stat. 813; Section, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, re- Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to lated to postal-savings deposits. rules and regulations of the Customs Service. Page 79 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1341 to 1344

Section 1325b, act Feb. 16, 1933, ch. 90, § 2, 47 Stat. 813, Section 1336a, acts June 30, 1932, ch. 314, pt. II, title related to powers of search, seizure, and arrest of cus- V, §§ 501, 502, 47 Stat. 415; Feb. 16, 1933, ch. 88, § 1, 47 toms officers. Stat. 811, related to rules and regulations of steamboat Section 1325c, acts Feb. 16, 1933, ch. 90, § 3, 47 Stat. 813; inspection. July 10, 1937, ch. 487, § 1, 50 Stat. 509, related to unlawful Section 1336b, act Feb. 16, 1933, ch. 88, § 2, 47 Stat. 811, entry or importation. related to inspection of foreign vessels. Section 1325d, act Feb. 16, 1933, ch. 90, § 4, 47 Stat. 813, Section 1336c, acts Feb. 16, 1933, ch. 88, § 3, 47 Stat. 811; related to unmanifested merchandise. Sept. 26, 1950, ch. 1049, § 2(a)(1), 64 Stat. 1038, related to Section 1325e, act Feb. 16, 1933, ch. 90, § 5, 47 Stat. 814, certificate of inspection. related to unlisted sea stores. Section 1336d, act Feb. 16, 1933, ch. 88, § 4, 47 Stat. 811, Section 1326, act Aug. 21, 1916, ch. 371, § 8, 39 Stat. 528, related to refusal of certificate. related to fees of customs officers. Section 1336e, acts June 30, 1932, ch. 314, pt. II, title Section 1327, act Aug. 1, 1914, ch. 223, § 4, 38 Stat. 679, V, § 501, 47 Stat. 415; Feb. 16, 1933, ch. 88, § 5, 47 Stat. 811; related to accounting by collection officers. May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Sept. 26, 1950, ch. 1049, (2)(a), (1), 64 Stat. 1038, related to navigating wa- §§ 1328, 1329. Repealed. Sept. 26, 1950, ch. 1049, ters without lawful certificate. § 13(1), 64 Stat. 1043 Section 1336f, acts Feb. 16, 1933, ch. 88, § 6, 47 Stat. 811; Sept. 26, 1950, ch. 1049, § 2(a)(1), 64 Stat. 1038, related to Section 1328, acts Aug. 1, 1914, ch. 223, § 5, 38 Stat. 679; revocation of certificate. June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23, 24, related to Section 1336g, acts Feb. 16, 1933, ch. 88, § 7, 47 Stat. 812; accounting by collecting officers. June 24, 1936, ch. 754, § 8, 49 Stat. 1905; Sept. 26, 1950, ch. Section 1329, acts Mar. 3, 1915, ch. 75, § 3, 38 Stat. 886; 1049, § 2(a)(1), 64 Stat. 1038, related to registration of June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23, 24, related to small vessels propelled by machinery. examination of accounts. Section 1336h, acts Feb. 16, 1933, ch. 88, § 8, 47 Stat. 812; June 24, 1936, ch. 754, § 9, 49 Stat. 1906, related to §§ 1330 to 1336h. Omitted registration of small vessels not propelled by machin- CODIFICATION ery. Sections 1330 to 1336h were omitted as not of general § 1336i. Repealed. June 24, 1936, ch. 754, § 10, 49 application, and as covered by the Canal Zone Code. Stat. 1906 The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and Section, act Feb. 16, 1933, ch. 88, § 9, 47 Stat. 812, relat- repealed by Pub. L. 104–201, § 3549. ed to small vessels carrying passengers. Section 1330, act Aug. 24, 1912, ch. 390, 12, 37 Stat. 569, related to extradition of fugitives. §§ 1336j, 1336k. Omitted Section 1330–1, act Dec. 16, 1941, ch. 580, § 2, 55 Stat. 802, related to extradition to and from the United CODIFICATION States. Sections 1336j and 1336k were omitted as not of gen- Section 1330a, act July 5, 1932, ch. 419, § 1, 47 Stat. 574, eral application, and as covered by the Canal Zone related to extradition to Republic of Panama. Code. The Canal Zone Code was subsequently redesig- Section 1330b, acts July 5, 1932, ch. 419, § 2, 47 Stat. nated the Panama Canal Code by Pub. L. 96–70, § 3303(b), 574; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related and repealed by Pub. L. 104–201, § 3549. to extradition to the Republic of Panama where fugi- Section 1336j, act July 5, 1932, ch. 421, § 1, 47 Stat. 576, tive a citizen of United States. related to equipment on ocean-going vessels using ports Section 1330c, act July 5, 1932, ch. 419, § 3, 47 Stat. 574, of Canal Zone. related to fugitives accused of crime in the Canal Zone. Section 1336k, act July 5, 1932, ch. 421, § 2, 47 Stat. 576, Section 1330d, act July 5, 1932, ch. 419, § 4, 47 Stat. 574, related to jurisdiction of violations. related to prosecution for offense other than one extra- dited for. § 1337. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, Section 1330e, acts July 5, 1932, ch. 419, § 5, 47 Stat. 1962, 76A Stat. 701 575; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to written demand for arrest and delivery of fugitive. Section, acts Dec. 12, 1941, ch. 569, 55 Stat. 798; Sept. Section 1330f, act July 5, 1932, ch. 419, § 6, 47 Stat. 575, 26, 1950, ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to related to detention on telegraphic request. photographic regulations. Section 1330g, act July 5, 1932, ch. 419, § 7, 47 Stat. 575, related to entry of extradition agents of the Republic of §§ 1337a to 1337c. Omitted Panama into Canal Zone to receive fugitives. CODIFICATION Section 1330h, act July 5, 1932, ch. 419, § 8, 47 Stat. 575, related to authority of extradition agents of the Repub- Sections 1337a to 1337c were omitted as not of general lic of Panama in Canal Zone. application, and as covered by the Canal Zone Code. Section 1330i, act July 5, 1932, ch. 419, § 9, 47 Stat. 575, The Canal Zone Code was subsequently redesignated related to papers and objects in possession of the fugi- the Panama Canal Code by Pub. L. 96–70, § 3303(b), and tive. repealed by Pub. L. 104–201, § 3549. Section 1330j, act July 5, 1932, ch. 419, § 10, 47 Stat. 575, Section 1337a, act June 19, 1934, ch. 667, § 16, as added related to payment of capture expenses. Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. Section 1331, act Aug. 21, 1916, ch. 371, § 9, 39 Stat. 529, 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to acquisi- related to laws governing American seamen in Zone. tion or construction of structures, equipment, and im- Section 1332, act Aug. 24, 1912, ch. 355, § 4, 37 Stat. 486, provements. related to payments for Toro Point Light. Section 1337b, act June 19, 1934, ch. 667, § 17, as added Section 1333, acts Mar. 4, 1911, ch. 285, § 2, 36 Stat. Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. 1451; July 10, 1937, ch. 487, § 10, 50 Stat. 511; Sept. 26, 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to claims 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to carrying for losses of or damage to property. of insurance by the Panama Canal Company. Section 1337c, act June 19, 1934, ch. 667, § 18, as added Section 1334, acts June 25, 1910, ch. 384, § 2, 36 Stat. Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. 772; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1048, related 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to disaster to subsidy payments by Panama Canal Company. relief. Section 1335, acts Mar. 4, 1911, ch. 285, § 6, 36 Stat. 1452; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1048, relat- §§ 1341 to 1344. Omitted ed to bonds by Panama Canal Company. Section 1336, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. CODIFICATION 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, Sections 1341 to 1344 were omitted as not of general ch. 91, § 1, 47 Stat. 1038, related to notaries public. application, and as covered by the Canal Zone Code. § 1344–1 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 80

The Canal Zone Code was subsequently redesignated Section 1355, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. the Panama Canal Code by Pub. L. 96–70, § 3303(b), and 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to repealed by Pub. L. 104–201, § 3549. continuance of laws defining clerks’ duties. Section 1341, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1004; Feb. 16, 1933, § 1356. Repealed. June 25, 1948, ch. 646, § 35, 62 ch. 91, § 1, 47 Stat. 814, related to determination of Stat. 991 towns in Canal Zone. Section 1342, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. Section, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. 565; 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 16, 1933, ch. ch. 91, § 1, 47 Stat. 814, related to magistrate courts. 91, § 3, 47 Stat. 817, related to appeals from district Section 1343, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. courts. See sections 1291, 1292, and 1294 of Title 28, Judi- 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, ciary and Judicial Procedure. ch. 91, § 1, 47 Stat. 814, related to appeals from mag- EFFECTIVE DATE OF REPEAL istrate courts. Section 1344, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. Repeal effective Sept. 1, 1948, see section 38 of act 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, June 25, 1948, set out as an Effective Date note preced- ch. 91, § 2, 47 Stat. 815, related to district courts gener- ing section 1 of Title 28, Judiciary and Judicial Proce- ally. dure. § 1344–1. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, §§ 1357, 1358. Omitted 1962, 76A Stat. 701 CODIFICATION Section, act Dec. 16, 1941, ch. 580, § 3, 55 Stat. 803, re- Section 1357, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. lated to rules of criminal procedure. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to blending of law and equity jurisdiction. §§ 1344a to 1355. Omitted Section 1358, act June 28, 1906, ch. 3585, 34 Stat. 552, related to acknowledgment of deeds and was omitted as CODIFICATION not of general application, and as covered by the Canal Sections 1344a to 1355 were omitted as not of general Zone Code. The Canal Zone Code was subsequently re- application, and as covered by the Canal Zone Code. designated the Panama Canal Code by Pub. L. 96–70, The Canal Zone Code was subsequently redesignated § 3303(b), and repealed by Pub. L. 104–201, § 3549. the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549. § 1361. Repealed. Sept. 26, 1950, ch. 1049, § 13(7), Section 1344a, acts Aug. 12, 1912, ch. 390, § 8, 37 Stat. 64 Stat. 1043 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, Section, act June 29, 1948, ch. 706, § 1, 62 Stat. 1075, re- ch. 91, § 2, 47 Stat. 816, related to orders made when out- lated to purpose of organization of Panama Railroad side jurisdiction. Company. Section 1345, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, §§ 1361a to 1361l. Repealed. Pub. L. 87–845, ch. 91, § 2, 47 Stat. 815, related to general jurisdiction of § 26(b), Oct. 18, 1962, 76A Stat. 701 district court. Section 1345a, act July 5, 1932, ch. 422, § 2, 47 Stat. 577, Section 1361a, acts June 29, 1948, ch. 706, § 2, 62 Stat. related to issuance of process. 1076; Sept. 26, 1950, ch. 1049, § 5, 64 Stat. 1041, related to Section 1346, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. the creation of the Panama Railroad Company. 565; Sept. 21, 1922, ch. 370, § 2, 47 Stat. 1005; Feb. 16, 1933, Section 1361b, acts June 29, 1948, ch. 706, § 2, 62 Stat. ch. 91, § 2, 47 Stat. 815, related to jurisdiction of crimes 1076; Sept. 26, 1950, ch. 1049, § 6, 64 Stat. 1041, related to committed on high seas. investment of the United States. Section 1347, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. Section 1361c, act June 29, 1948, ch. 706, § 2, 62 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Dec. 29, 1926, 1076, related to Board of Directors of corporation. ch. 19, § 1, 44 Stat. 924; Feb. 16, 1933, ch. 91, § 2, 47 Stat. Section 1361d, acts June 29, 1948, ch. 706, § 2, 62 Stat. 816; Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038, related 1076; Sept. 26, 1950, ch. 1049, § 8, 64 Stat. 1041, related to to juries and jury trials. general powers of corporation. Section 1348, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. Section 1361e, acts June 29, 1948, ch. 706, § 2, 62 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, 1076; Sept. 26, 1950, ch. 1049, § 9, 64 Stat. 1049, related to ch. 91, § 2, 47 Stat. 816, related to compensation of dis- specific powers of corporation. trict judge. Section 1361f, act June 29, 1948, ch. 706, § 2, 62 Stat. Section 1349, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 1076, related to applicability of laws. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, Section 1361g, act June 29, 1948, ch. 706, § 2, 62 Stat. ch. 91, 47 Stat. 816, related to clerk of district court. 1076, related to transfer of assets and liabilities of cor- Section 1350, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. poration. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, Section 1361h, act June 29, 1948, ch. 706, § 2, 62 Stat. ch. 91, § 2, 47 Stat. 815, related to appointment and com- 1076, related to reimbursement of other agencies. pensation of special judge. Section 1361i, act June 29, 1948, ch. 706, § 2, 62 Stat. Section 1351, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 1076, related to payment of excess funds into treasury. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, Section 1361j, act June 29, 1948, ch. 706, § 2, 62 Stat. ch. 91, § 2, 47 Stat. 815; Sept. 26, 1950, ch. 1049, § 2(b), 64 1076, related to emergency fund. Section 1361k, act June 29, 1948, ch. 706, § 2, as added Stat. 1038, related to district attorney. Sept. 26, 1950, ch. 1049, § 10, 64 Stat. 1042, related to au- Section 1352, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. thorizations of appropriations to cover losses. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, Section 1361l, act June 29, 1948, ch. 706, § 2, as added ch. 91, § 2, 47 Stat. 817, related to marshal. Sept. 26, 1950, ch. 1049, § 10, 64 Stat. 1042, related to au- Section 1353, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. thorization for transfer of canal to corporation. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Dec. 29, 1926, ch. 19, § 2, 44 Stat. 924; Feb. 16, 1933, ch. 91, § 2, 47 Stat. §§ 1371 to 1371b. Repealed. July 21, 1949, ch. 356, 817; Mar. 26, 1938, ch. 51, § 1, 52 Stat. 118; July 1, 1944, ch. § 1(b), 63 Stat. 475 366, 58 Stat. 676; June 25, 1948, ch. 646, § 31, 67 Stat. 991, related to appointment of district judge, district attor- Section 1371, act Mar. 2, 1931, ch. 375, § 1, 46 Stat. 1471, ney, and marshal. related to employees entitled to retirement privileges. Section 1354, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. Section 1371a, acts Mar. 2, 1931, ch. 375, § 2, 46 Stat. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to 1471; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 29, 1942, transfer of causes to new courts. ch. 536, § 1, 56 Stat. 726, related to automatic separation. Page 81 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1384 to 1387

Section 1371b, acts Mar. 2, 1931, ch. 375, § 3, 46 Stat. to relief of employee not entitled to retirement bene- 1472; July 2, 1945, ch. 220, 59 Stat. 212, related to vol- fits. untary retirement. §§ 1373 to 1374d. Omitted EFFECTIVE DATE OF REPEAL CODIFICATION Repeal effective Apr. 1, 1948, see Act July 21, 1949, ch. 356, § 7(a), 63 Stat. 476. Section 1373, acts May 29, 1944, ch. 214, § 1, 58 Stat. 257; Sept. 26, 1950, ch. 1049, § 2(a)(1), (2), 64 Stat. 1038, related ADDITIONAL REPEAL to recognition of personnel engaged in construction of Sections were also repealed by Pub. L. 89–554, § 8(a), the canal. Sept. 6, 1966, 80 Stat. 648. Section 1373a, acts May 29, 1944, ch. 214, § 2, 58 Stat. 258; Aug. 7, 1946, ch. 774, 60 Stat. 873; Sept. 26, 1950, ch. § 1371b–1. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1049, § 2(a)(1), (2), 64 Stat. 1038, related to annuity privi- 1966, 80 Stat. 648 lege of personnel described in section 1373 of this title. Section 1373b, act May 29, 1944, ch. 214, § 3, 58 Stat. 258, Section, act June 16, 1933, ch. 101, § 8(b), 48 Stat. 306, related to payment of annuities of personnel described related to involuntary separation retirement benefits. in section 1373 of this title. Section 1373c, act May 29, 1944, ch. 214, § 4, 58 Stat. 258, §§ 1371c to 1371p. Repealed. July 21, 1949, ch. 356, related to duration of annuities of personnel described § 1(b), 63 Stat. 475 in section 1373 of this title. Section 1373d, acts May 29, 1944, ch. 214, § 5, 58 Stat. Section 1371c, acts Mar. 2, 1931, ch. 375, § 4, 46 Stat. 259; June 19, 1948, ch. 527, § 1, 62 Stat. 497; Sept. 26, 1950, 1472; Ex. Ord. No. 6670 Apr. 7, 1934; June 24, 1936, ch. 754, ch. 1049, § 2(a)(1), (2), 64 Stat. 1038, related to election § 2, 49 Stat. 1904; Apr. 12, 1939, ch. 58, 53 Stat. 574; Dec. between annuity or other compensation of personnel 16, 1941, ch. 584, § 2, 55 Stat. 806, related to disability re- described in section 1373 of this title. tirement. Section 1373e, act May 29, 1944, ch. 214, § 6, 58 Stat. 259, Section 1371d, act July 29, 1942, ch. 536, § 2, 56 Stat. related to administrative provisions for carrying out 727, related to annuity on separations from service. sections 1373 to 1373g of this title. Section 1371e, acts Mar. 2, 1931, ch. 375, § 6, 46 Stat. Section 1373f, act May 29, 1944, ch. 214, § 7, 58 Stat. 259, 1474; Aug. 10, 1939, ch. 660, 53 Stat. 1347; Dec. 16, 1941, ch. related to exemption from execution, lien, or other 584, § 1, 55 Stat. 805; July 29, 1942, ch. 536, § 3, 56 Stat. 727, legal process of moneys or annuities under sections 1373 related to method of computing annuities. to 1373g of this title. Section 1371f, acts Mar. 2, 1931, ch. 375, § 7, 46 Stat. Section 1373g, act May 29, 1944, ch. 214, § 8, 58 Stat. 269, 1476; Oct. 14, 1940, ch. 859, § 2, 54 Stat. 1117, related to related to annual estimates of annuity appropriations computation of accredited service. under sections 1373 to 1373g of this title. Section 1371g, acts Mar. 2, 1931, ch. 375, § 8, 46 Stat. Section 1374, acts July 24, 1947, ch. 308, § 1, 61 Stat. 415; 1476; Ex. Ord. No. 6670, Apr. 7, 1934, related to credit for Sept. 26, 1950, ch. 1949, § 2(a)(2), 64 Stat. 1038, related to past service. retirement of certain Panama Canal Railroad Company Section 1371h, acts Mar. 2, 1931, ch. 375, § 9, 46 Stat. employees. 1477; Ex. Ord. No. 6670, Apr. 7, 1934; Dec. 16, 1941, ch. 584, Section 1374a, acts July 24, 1947, ch. 308, § 2, 61 Stat. § 2, 55 Stat. 806, related to deductions. 415; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related Section 1371i, act Mar. 2, 1931, ch. 375, § 10, 46 Stat. to transfer of pension fund assets of Panama Canal 1477, related to investments and accounts. Railroad Company. Section 1371j, acts Mar. 2, 1931, ch. 375, § 11, 46 Stat. Section 1374b, acts July 24, 1947, ch. 308, § 3, 61 Stat. 1477; Ex. Ord. No. 6670, Apr. 7, 1934; June 24, 1936, ch. 754, 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related §§ 4 to 6, 49 Stat. 1905; Dec. 16, 1941, ch. 584, § 4, 55 Stat. to Panama Canal Railroad Company employees’ ac- 806; July 29, 1942, ch. 536, § 4, 56 Stat. 728, related to re- counts in civil service fund. turn of amounts deducted from salaries. Section 1374c, acts July 24, 1947, ch. 308, § 4, 61 Stat. Section 1371k, acts Mar. 2, 1931, ch. 375, § 12, 46 Stat. 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related 1478; Ex. Ord. No. 6670, Apr. 7, 1934; July 29, 1942, ch. 536, to redeposit of Panama Canal Railroad Company con- § 5, 56 Stat. 728, related to payment of annuities. tribution funds. Section 1371l, acts Mar. 2, 1931, ch. 375, § 13, 46 Stat. Section 1374d, acts July 24, 1947, ch. 308, § 5, 61 Stat. 1479; Aug. 10, 1937, ch. 573, 50 Stat. 619, related to bene- 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related fits for those already retired. to certain Panama Canal Railroad Company employee Section 1371m, acts Mar. 2, 1931, ch. 375, § 14, 46 Stat. annuities. 1479; Ex. Ord. No. 6670, Apr. 7, 1934, related to Board of actuaries. §§ 1381, 1382. Transferred Section 1371n, acts July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Mar. 2, 1931, ch. 375, § 15, 46 Stat. 1479; Ex. Ord. No. CODIFICATION 6670, eff. Apr. 7, 1934, related to administrative provi- Section 1381, act July 2, 1940, ch. 516, § 1, 54 Stat. 724, sions. related to setting aside Barro Colorado Island in Gatun Section 1371o, act Mar. 2, 1931, ch. 375, § 16, 46 Stat. Lake for scientific observation, and was transferred to 1480, related to exemption from execution. section 79 of Title 20, Education. Section 1371p, acts July 3, 1930, ch. 863, § 2, 46 Stat. Section 1382, act July 2, 1940, ch. 516, § 2, 54 Stat. 724; 1016; Mar. 2, 1931, ch. 375, § 17, 46 Stat. 1480; Ex. Ord. No. 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 6670, eff. Apr. 7, 1934, related to effective date of these 7877, 60 Stat. 1101, related to preservation of natural sections. features of area, and was transferred to section 79a of EFFECTIVE DATE OF REPEAL Title 20. Repeal effective Apr. 1, 1948, see Act July 21, 1949, ch. § 1383. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 356, § 7(a), 63 Stat. 476. 1966, 80 Stat. 650 ADDITIONAL REPEAL Section, act July 2, 1940, ch. 516, § 3, 54 Stat. 724, pro- Sections were also repealed by Pub. L. 89–554, § 8(a), vided for appointment and compensation of Board of Sept. 6, 1966, 80 Stat. 648. Directors of Canal Zone Biological Area. § 1372. Repealed. Pub. L. 87–845, § 26(b), Oct. 18, §§ 1384 to 1387. Transferred 1962, 76A Stat. 701 CODIFICATION Section, acts July 8, 1937, ch. 443, § 1, 50 Stat. 478; Section 1384, act July 2, 1940, ch. 516, § 4, 54 Stat. 724; Sept. 26, 1950, ch. 1049, § 2(a), (b), 64 Stat. 1038, related 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. § 1391 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 82

7877, 60 Stat. 1101, related to functions of Smithsonian SUBCHAPTER I—GENERAL PROVISIONS Institution, and was transferred to section 79b of Title 20, Education. ADDITIONAL PROVISIONS Section 1385, act July 2, 1940, ch. 516, § 5, 54 Stat. 725; For additional provisions, constituting a revision of 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. the Organic Act of the Virgin Islands of the United 7877, 60 Stat. 1101, related to resident manager, and was States, see section 1541 et seq. of this title. transferred to section 79c of Title 20. Section 1386, act July 2, 1940, ch. 516, § 6, 54 Stat. 725; CODIFICATION 1946 Reorg. Plan No. 3, § 801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101, related to deposit of receipts into A new organic act, or basic charter of civil govern- treasury, and was transferred to section 79d of Title 20. ment, for the people of the Virgin Islands of the United Section 1387, act July 2, 1940, ch. 516, § 7, 54 Stat. 725, States, was passed in 1954. Act July 22, 1954, ch. 558, 68 related to authorization of appropriations, and was Stat. 497, known as the Revised Organic Act of the Vir- transferred to section 79e of Title 20. gin Islands, is set out as section 1541 et seq. of this title. Section 8(c) of the Revised Organic Act, set out as CHAPTER 7—VIRGIN ISLANDS section 1574(c) of this title, provides that laws of the United States, set out generally in this chapter, as well SUBCHAPTER I—GENERAL PROVISIONS as local laws and ordinances, including provisions of Sec. the Organic Act of the Virgin Islands of the United 1391. Repealed. States, act June 22, 1936, ch. 699, 49 Stat. 1807, section 1392. Local laws continued; courts. 1405 et seq. of this title, in force on July 22, 1954, and 1392a to 1393. Repealed. not inconsistent with act July 22, 1954, are to remain in 1394. Customs duties and internal-revenue taxes. force and effect until otherwise changed. 1395. Tax laws continued; tax on sugar. 1396. Duties and taxes covered into Virgin Islands DELEGATE TO CONGRESS FROM VIRGIN ISLANDS treasury. 1397. Income tax laws of United States in force; Provisions respecting representation in Congress by a payment of proceeds; levy of surtax on all Delegate from Virgin Islands to the House of Rep- taxpayers. resentatives, see section 1711 et seq. of this title. 1398 to 1401f. Omitted or Repealed. 1402. Extension of industrial alcohol and internal § 1391. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, revenue laws to Virgin Islands. 1966, 80 Stat. 643 1403. Issuance of bonds or other obligations by gov- Section, act Mar. 3, 1917, ch. 171, § 1, 39 Stat. 1132, pro- ernment or municipalities; use of proceeds; vided for appointment and pay of Governor of Virgin Is- limit on public indebtedness; terms, execu- lands and other employees. tion, interest rate, and sale price; taxes. 1403a. Expenditure of bond proceeds for public im- provements. § 1392. Local laws continued; courts 1403b. Bond liability of United States. Until Congress shall otherwise provide, insofar SUBCHAPTER II—CIVIL GOVERNMENT as compatible with the changed sovereignty and 1405. Geographical application of subchapter; land not in conflict with the provisions of this sec- and waters included in term ‘‘Virgin Is- tion and sections 1391 1 and 1394 to 1396 of this lands’’. title, the laws regulating elections and the elec- 1405a, 1405b. Repealed. toral franchise as set forth in the code of laws 1405c. Transfer of property to government. published at Amalienborg the 6th day of April, 1405d to 1405p. Repealed. 1405q. Laws continued in force until modified; pat- 1906, and the other local laws, in force and effect ent, trade mark, and copyright laws ex- in said islands on the 17th day of January, 1917, tended to Virgin Islands; jurisdiction of dis- shall remain in force and effect in said islands, trict court. and the same shall be administered by the civil 1405r to 1406e. Repealed or Omitted. officials and through the local judicial tribunals 1406f. Judicial process; title of criminal prosecu- established in said islands, respectively; and the tions. orders, judgments, and decrees of said judicial 1406g. Repealed. 1406h. Taxes, duties and fees as funds for benefit of tribunals shall be duly enforced. With the ap- municipalities; appropriations. proval of the President, or under such rules and 1406i. Taxes and fees; power to assess and collect; regulations as the President may prescribe, any ports of entry; export duties. of said laws may be repealed, altered, or amend- 1406j, 1406k. Repealed. ed by the colonial council having jurisdiction. 1406l. Effective date. The jurisdiction of the judicial tribunals of said 1406m. Short title. islands shall extend to all judicial proceedings SUBCHAPTER III—VIRGIN ISLANDS CORPORATION and controversies in said islands to which the 1407 to 1407i. Repealed. United States or any citizen thereof may be a SUBCHAPTER IV—PUBLIC HOUSING party. 1408. Legislative authority to create authorities; (Mar. 3, 1917, ch. 171, § 2, 39 Stat. 1132; June 25, appointment of members; powers of au- 1948, ch. 646, § 39, 62 Stat. 992.) thorities. 1408a. Issuance of notes, bonds, and obligations. REFERENCES IN TEXT 1408b. Authorization of loans, conveyances, etc., by Section 1391 of this title, referred to in text, was re- government and municipalities. pealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643. 1408c. Grants-in-aid by Federal Government. 1408d. Ratification of prior acts. AMENDMENTS 1408e. Additional powers. SUBCHAPTER V—INTERNAL DEVELOPMENT 1948—Act June 25, 1948, repealed last sentence relat- ing to appeals. See section 1294 of Title 28, Judiciary 1409 to 1409j. Repealed. and Judicial Procedure. SUBCHAPTER VI—AGRICULTURAL PROGRAM 1409m to 1409o. Repealed. 1 See References in Text note below. Page 83 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1397

EFFECTIVE DATE OF 1948 AMENDMENT tions, shall, insofar as compatible with the Amendment by act June 25, 1948, effective Sept. 1, changed sovereignty and not otherwise herein 1948, see section 38 of that act set out as an Effective provided, continue in force and effect, except Date note preceding section 1 of Title 28, Judiciary and that articles the growth, product, or manufac- Judicial Procedure. ture of the United States shall be admitted there free of duty: Provided, That upon expor- § 1392a. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, tation of sugar to any foreign country, or the 1966, 80 Stat. 650, 654 shipment thereof to the United States or any of Section, acts May 24, 1940, ch. 209, § 3, 54 Stat. 220; its possessions, there shall be levied, collected, July 31, 1946, ch. 704, § 1, 60 Stat. 716; June 25, 1948, ch. and paid thereon an export duty of $6 per ton of 646, § 30, 62 Stat. 991, related to salary of judge of Dis- two thousand pounds, irrespective of polariscope trict Court. test, in lieu of any export tax now required by Section was formerly classified to section 5a of Title law: Provided further, That the internal revenue 28 prior to the general revision and enactment of Title taxes levied by the Colonial Council of Saint 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, § 1, 62 Stat. 869. Croix, or by the Colonial Council of Saint Thom- as and Saint John, in pursuance of the authority § 1392b. Repealed. Pub. L. 97–357, title III, granted by this section and sections 1391,1 1392, § 308(c), Oct. 19, 1982, 96 Stat. 1710 1394, and 1396 of this title on articles, goods, wares, or merchandise may be levied and col- Section, act July 1, 1932, ch. 370, § 2, 47 Stat. 565, vest- lected as the Colonial Council of Saint Croix, or ed in District Court of Virgin Islands jurisdiction of as the Colonial Council of Saint Thomas and prosecutions for violations of section 1399 of this title, relating to obstruction of navigable waters. Saint John, may direct, on the articles subject to said tax, as soon as the same are manufac- § 1393. Repealed. Pub. L. 97–357, title III, § 308(a), tured, sold, used, or brought into the island: And Oct. 19, 1982, 96 Stat. 1710 provided further, That no discrimination be made between the articles imported from the United Section, act July 12, 1921, ch. 44, § 1, 42 Stat. 123, de- States or foreign countries and similar articles clared as ineligible to hold office as a member of colo- nial councils of Virgin Islands or any other public of- produced or manufactured in the municipality fice under Virgin Islands government, anyone owing al- of Saint Croix, or in the municipality of Saint legiance to any country other than United States. Thomas and Saint John, respectively. The offi- cials of the Customs and Postal Services of the § 1394. Customs duties and internal-revenue United States are directed to assist the appro- taxes priate officials of the municipality of Saint There shall be levied, collected, and paid upon Croix, or of the municipality of Saint Thomas all articles coming into the United States or its and Saint John, in the collection of these taxes. possessions from the Virgin Islands the rates of (Mar. 3, 1917, ch. 171, § 4, 39 Stat. 1133; Feb. 25, duty and internal-revenue taxes which are re- 1927, ch. 192, § 5, 44 Stat. 1235; June 24, 1932, ch. quired to be levied, collected, and paid upon like 275, 47 Stat. 333.) articles imported from foreign countries: Pro- REFERENCES IN TEXT vided, That all articles, the growth or product of, or manufactured in, such islands, from mate- Section 1391 of this title, referred to in text, was re- rials the growth or product of such islands or of pealed by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 643. the United States, or of both, or which do not AMENDMENTS contain foreign materials to the value of more than 20 per centum of their total value, upon 1932—Act June 24, 1932, inserted provisos permitting local levy of internal revenue taxes, prohibiting dis- which no drawback of customs duties has been crimination against imports, and directing customs allowed therein, coming into the United States and postal services to assist in collecting taxes. from such islands shall be admitted free of duty. 1927—Act Feb. 25, 1927, reduced export duty on sugar In determining whether such a Virgin Islands ar- from $8 to $6 per ton. ticle contains foreign material to the value of more than 20 per centum, no material shall be § 1396. Duties and taxes covered into Virgin Is- considered foreign which, at the time the Virgin lands treasury Islands article is entered, or withdrawn from The duties and taxes collected in pursuance of warehouse, for consumption, may be imported sections 1394 and 1395 of this title shall not be into the continental United States free of duty covered into the general fund of the Treasury of generally. the United States, but shall be used and ex- (Mar. 3, 1917, ch. 171, § 3, 39 Stat. 1133; Sept. 7, pended for the government and benefit of the 1950, ch. 909, 64 Stat. 784.) Virgin Islands, under such rules and regulations as the President may prescribe. AMENDMENTS (Mar. 3, 1917, ch. 171, § 5, 39 Stat. 1133.) 1950—Act Sept. 7, 1950, permitted free entry of arti- cles into the United States from the Virgin Islands § 1397. Income tax laws of United States in force; when such articles contain foreign materials which payment of proceeds; levy of surtax on all may be imported directly into the United States free of taxpayers duty. The income-tax laws in force in the United § 1395. Tax laws continued; tax on sugar States of America and those which may here- Until Congress shall otherwise provide all laws after be enacted shall be held to be likewise in now imposing taxes in the said West Indian Is- lands, including the customs laws and regula- 1 See References in Text note below. § 1398 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 84 force in the Virgin Islands of the United States, Section 1401a, act May 26, 1936, ch. 450, § 2, 49 Stat. except that the proceeds of such taxes shall be 1372, related to valuation of real property for assess- paid into the treasuries of said islands: Provided ment and uniformity of rates. further, That, notwithstanding any other provi- Section 1401b, act May 26, 1936, ch. 450, § 3, 49 Stat. 1372, related to rate of tax in absence of local laws and sion of law, the Legislature of the Virgin Islands regulations by President for assessment and collection is authorized to levy a surtax on all taxpayers in pending adoption of local laws. an amount not to exceed 10 per centum of their Section 1401c, act May 26, 1936, ch. 450, § 4, 49 Stat. annual income tax obligation to the government 1372, provided that taxes were to be deposited in the of the Virgin Islands. municipal treasury of the municipality in which col- lected. (July 12, 1921, ch. 44, § 1, 42 Stat. 123; Pub. L. Section 1401d, acts May 26, 1936, ch. 450, § 5, 49 Stat. 94–392, § 5, Aug. 19, 1976, 90 Stat. 1195.) 1372; June 30, 1949, ch. 285, § 12, 63 Stat. 356, related to payments to be made by the Virgin Islands Corporation REFERENCES IN TEXT into municipal treasuries of the Virgin Islands in lieu The income-tax laws in force in the United States of of certain taxes, valuation of real property in the Vir- America, referred to in text, are classified to Title 26, gin Islands owned by the Virgin Islands Corporation as Internal Revenue Code. a basis for determining the amount of taxation, and payment to be made for any property owned by the CODIFICATION United States in the Virgin Islands used for ordinary Section is from act July 12, 1921, popularly known as business or commercial purposes. the Naval Service Appropriation Act, 1922. Section 1401e, act May 26, 1936, ch. 450, § 6, 49 Stat. 1373, related to exemptions from taxation and author- AMENDMENTS ity of municipalities to alter, amend, or repeal existing 1976—Pub. L. 94–392 inserted proviso authorizing Leg- laws. islature of Virgin Islands to levy a surtax, not to ex- EFFECTIVE DATE OF REPEAL ceed 10 per centum, on annual income tax obligation of all taxpayers. Pub. L. 110–40, § 1(b), June 29, 2007, 121 Stat. 232, pro- vided that: ‘‘This section [repealing sections 1401 to APPLICATION OF WESTERN HEMISPHERE TRADE COR- 1401e of this title] shall be deemed to have taken effect PORATION PROVISION UNDER THE VIRGIN ISLANDS TAX on July 22, 1954.’’ LAWS Pub. L. 92–178, title III, § 307, Dec. 10, 1971, 85 Stat. 524, § 1401f. Omitted provided that for purposes of applying the income tax CODIFICATION laws of the United States with respect to the Virgin Is- lands under this section, subpart C of part III of sub- Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 chapter N of chapter 1 of the Internal Revenue Code of Stat. 1392, which authorized Territorial and local gov- 1954 [former 26 U.S.C. 921, 922] (relating to Western ernments of Virgin Islands to make purchases through Hemisphere Trade Corporations) shall be treated as General Services Administration, was from the Depart- having been repealed effective with respect to taxable ment of the Interior and Related Agencies Appropria- years beginning after Dec. 10, 1971. tions Act, 1992, and was not repeated in subsequent ap- propriation acts. See section 1469e of this title. Similar § 1398. Omitted provisions were contained in the following prior appro- priation acts: CODIFICATION Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007. Section, act July 1, 1922, ch. 259, 42 Stat. 788, which Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932. related to quarantine and passport fees, was from the Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716. Navy Department and Naval Service Appropriation Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. Act, 1923, was not repeated in subsequent years. See Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. section 1642 of this title. 1329–213, 1329–231. Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. § 1399. Repealed. Pub. L. 97–357, title III, § 308(b), 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, Oct. 19, 1982, 96 Stat. 1710 § 101(h) [title I], 100 Stat. 3341–242, 3341–258. Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. Section, acts July 3, 1930, ch. 847, § 8, 46 Stat. 948; July 1224, 1238. 1, 1932, ch. 370, § 1, 47 Stat. 565, made applicable to the Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 Virgin Islands and the navigable waters thereof, cer- Stat. 1837, 1851. tain provisions of Title 33, Navigation and Navigable Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931. Waters, relating to obstruction of navigable waters. Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. § 1400. Repealed. Pub. L. 98–454, title VII, § 709, Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Oct. 5, 1984, 98 Stat. 1741 Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. Section, act May 20, 1932, ch. 194, 47 Stat. 160, related July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. to extension of admiralty laws of the United States to July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. Virgin Islands. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. EFFECTIVE DATE OF REPEAL Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. Repeal effective on ninetieth day following Oct. 5, Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. fective Date of 1984 Amendment note under section 1424 July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. of this title. Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. §§ 1401 to 1401e. Repealed. Pub. L. 110–40, § 1(a), June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. June 29, 2007, 121 Stat. 232 May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. Section 1401, act May 26, 1936, ch. 450, § 1, 49 Stat. 1372, July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. set out the policy of Congress to equalize taxes on real July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. property in the Virgin Islands. Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. Page 85 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1403b

Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. the aggregate assessed valuation of the taxable May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. real property in such municipality and that no June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. public indebtedness of the government of the June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. Virgin Islands shall be incurred in excess of 10 July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. June 13, 1956, ch. 380, title I, 70 Stat. 264. per centum of the aggregate assessed valuation June 16, 1955, ch. 147, title I, 69 Stat. 149. of the taxable real property in the islands. July 1, 1954, ch. 446, title I, 68 Stat. 372. Bonds issued pursuant to sections 1403 to 1403b July 31, 1953, ch. 298, title I, 67 Stat. 273. of this title shall bear such date or dates, may July 9, 1952, ch. 597, title I, 66 Stat. 457. be in such denominations, may mature in such Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. amounts and at such time or times, not exceed- Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694. ing thirty years from the date thereof, may be payable at such place or places, may be sold at § 1402. Extension of industrial alcohol and inter- either public or private sale, may be redeemable nal revenue laws to Virgin Islands (either with or without premium) or nonredeem- Title III of the National Prohibition Act, as able, may carry such registration privileges as amended, and all provisions of the internal reve- to either principal and interest, or principal nue laws relating to the enforcement thereof, only, and may be executed by such officers and are extended to and made applicable to the Vir- in such manner, as shall be prescribed by the gin Islands, from and after August 27, 1935. The government of the Virgin Islands or of the mu- Insular Government shall advance to the Treas- nicipality issuing the bonds. In case any of the ury of the United States such funds as may be officers whose signatures appear on the bonds or required from time to time by the Secretary of coupons shall cease to be such officers before de- the Treasury for the purpose of defraying all ex- livery of such bonds, such signature, whether penses incurred by the Treasury Department in manual or facsimile, shall, nevertheless, be connection with the enforcement in the Virgin valid and sufficient for all purposes, the same as Islands of the said Title III and regulations pro- if such officers had remained in office until such mulgated thereunder. The funds so advanced delivery. The bonds so issued shall bear interest shall be deposited in a separate trust fund in the at a rate not to exceed 4 per centum per annum, Treasury of the United States and shall be avail- payable semiannually. All such bonds shall be able to the Treasury Department for the pur- sold for not less than the principal amount poses of this section. thereof plus accrued interest. All bonds issued (June 26, 1936, ch. 830, title III, § 329(c), 49 Stat. by the government of the Virgin Islands or any 1957.) municipality thereof, including specifically in- terest thereon, shall be exempt from taxation by REFERENCES IN TEXT the Government of the United States, or by the The National Prohibition Act, as amended, referred government of the Virgin Islands or any politi- to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305, as cal subdivision thereof, or by any State, Terri- amended. Title III of such Act was classified prin- tory, or possession or by any political subdivi- cipally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicat- sion of any State, Territory, or possession, or by ing Liquors, and was omitted from the Code in view of the District of Columbia: Provided further, That the incorporation of such provisions in the Internal the government of the Virgin Islands and any Revenue Code of 1939, and subsequently into the Inter- municipality thereof shall be obliged to levy and nal Revenue Code of 1986. collect sufficient taxes for servicing any of the CODIFICATION outstanding bonds, even if such taxation is re- quired at a rate in excess of or in addition to the Provisions similar to those comprising this section relating to Puerto Rico are classified to section 734a of tax or tax rate of 1.25 per centum of the assessed 1 this title. value which is provided for in section 1401b of this title. § 1403. Issuance of bonds or other obligations by (Oct. 27, 1949, ch. 769, § 1, 63 Stat. 940.) government or municipalities; use of pro- ceeds; limit on public indebtedness; terms, REFERENCES IN TEXT execution, interest rate, and sale price; taxes Section 1401b of this title, referred to in text, was re- pealed by Pub. L. 110–40, § 1(a), June 29, 2007, 121 Stat. To construct, improve, extend, better, repair, 232. reconstruct, acquire, and operate any and all types of public works which shall include, but § 1403a. Expenditure of bond proceeds for public not be limited to, streets, bridges, wharves, and improvements harbor facilities, sewers and sewage-disposal The proceeds of the bond issues or other obli- plants, municipal buildings, schools, libraries, gations herein authorized shall be expended only gymnasia and athletic fields, fire houses, elec- for the public improvements set forth in section tric distribution systems or other work pertain- 1403 of this title, or for the reduction of the debt ing to electric systems, and other public utili- created by such bond issue or obligation, unless ties, including those owned or operated by the otherwise authorized by the Congress. Saint Thomas Power Authority, or to clear slums, accomplish urban redevelopment or pro- (Oct. 27, 1949, ch. 769, § 2, 63 Stat. 941.) vide low-rent housing, negotiable general obli- § 1403b. Bond liability of United States gation bonds and other obligations may be is- sued by the government of the Virgin Islands or Bonds or other obligations issued pursuant to any municipality thereof: Provided, That no pub- sections 1403 to 1403b of this title shall not be a lic indebtedness of any municipality thereof shall be incurred in excess of 10 per centum of 1 See References in Text note below. § 1405 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 86 debt of the United States, nor shall the United conditions of any authorizations, permits, or States be liable thereon. other powers heretofore lawfully granted or ex- (Oct. 27, 1949, ch. 769, § 3, 63 Stat. 941.) ercised in or in respect of the Virgin Islands by any authorized officer or agent of the United SUBCHAPTER II—CIVIL GOVERNMENT States. (June 22, 1936, ch. 699, § 4, 49 Stat. 1808; Aug. 7, § 1405. Geographical application of subchapter; 1939, ch. 515, 53 Stat. 1242; Oct. 31, 1951, ch. 654, land and waters included in term ‘‘Virgin Is- § 1(127), 65 Stat. 706; Pub. L. 97–357, title III, § 306, lands’’ Oct. 19, 1982, 96 Stat. 1709.)

The provisions of this subchapter, and the AMENDMENTS name ‘‘the Virgin Islands’’ as used in this sub- chapter, shall apply to and include the terri- 1982—Subsec. (d). Pub. L. 97–357 substituted ‘‘legisla- ture’’ for ‘‘Legislative Assembly’’ wherever appearing. torial domain, lands and waters acquired by the 1951—Subsec. (f). Act Oct. 31, 1951, repealed subsec. (f) United States through cession of the Danish which authorized the Secretary of the Interior to lease West Indian Islands by the convention between or sell any property under his administrative super- the United States of America and His Majesty vision in the Virgin Islands not needed for public pur- the King of Denmark entered into August 4, poses. 1916, and ratified by the Senate on September 7, 1939—Act Aug. 7, 1939, designated existing provisions 1916 (39 Stat. L. 1706). as subsecs. (a), (b), (e), and (f) and added subsecs. (c) and (d). (June 22, 1936, ch. 699, § 1, 49 Stat. 1807.) CONSTRUCTION OF VIRGIN ISLANDS PROJECTS BY SECRETARY OF THE ARMY §§ 1405a, 1405b. Repealed. Pub. L. 97–357, title III, § 307, Oct. 19, 1982, 96 Stat. 1709 Pub. L. 101–640, title IV, § 406, Nov. 28, 1990, 104 Stat. 4647, provided that: Section 1405a, act June 22, 1936, ch. 699, § 2, 49 Stat. ‘‘(a) GENERAL RULE.—Upon request of the Governor of 1807, related to division of Virgin Islands into munici- the Virgin Islands with respect to a construction pality of Saint Croix and municipality of Saint Thomas project in the Virgin Islands for which Federal finan- and Saint John. cial assistance is available under any law of the United Section 1405b, act June 22, 1936, ch. 699, § 3, 49 Stat. States, the Federal official administering such assist- 1807, related to constituting into bodies politic and ance may make such assistance available to the Sec- juridic of inhabitants of municipalities of Saint Croix retary instead of the Virgin Islands. The Secretary and of Saint Thomas and Saint John. shall use such assistance to carry out such project in accordance with the provisions of such law. § 1405c. Transfer of property to government ‘‘(b) LIMITATION ON STATUTORY CONSTRUCTION.—Noth- ing in this section shall be construed as relieving the (a) Property not reserved Virgin Islands from complying with any requirements All property which may have been acquired by for non-Federal cooperation with respect to a construc- the United States from Denmark in the Virgin tion project carried out with Federal financial assist- ance provided to the Secretary pursuant to this sec- Islands under the convention entered into Au- tion; except that the Secretary shall be responsible for gust 4, 1916, not reserved by the United States complying with administrative and fiscal requirements for public purposes prior to June 22, 1937, is associated with utilization of such assistance. placed under the control of the Government of ‘‘(c) TERMINATION DATE.—Subsection (a) shall not be the Virgin Islands. effective after the last day of the 3-year period begin- ning on the date of the enactment of this Act [Nov. 28, (b) Applicability of United States law 1990]; except that the Secretary shall complete con- Except as otherwise expressly provided, all struction of any project commenced under subsection laws of the United States for the protection and (a) before such day.’’ improvement of the navigable waters of the EX. ORD. NO. 9170. CERTAIN NAVIGATION LAWS MADE United States shall apply to the Virgin Islands. APPLICABLE TO VIRGIN ISLANDS (c) Applicability of tonnage duties Ex. Ord. No. 9170, eff. May 21, 1942, 7 F.R. 384, provided in part: No Federal laws levying tonnage duties, light It is ordered that all of the navigation and vessel in- money, or entrance and clearance fees shall spection laws of the United States be, and they are apply to the Virgin Islands. hereby, made applicable to the Virgin Islands of the (d) Presidential determination of applicable laws United States, with the following exceptions: (1) The coastwise laws of the United States. The legislature of the Virgin Islands shall (2) The act of Congress approved June 7, 1897 (30 Stat. have power to enact navigation, boat inspection, 96), as amended by the acts of February 19, 1900 (31 and safety laws of local application; but the Stat. 30), May 25, 1914 (38 Stat. 381), March 1, 1933 (47 President shall have power to make applicable Stat. 1417), Aug. 21, 1935 (49 Stat. 668, 669), May 20, 1936 to the Virgin Islands such of the navigation, ves- (49 Stat. 1367), and April 22, 1940 (54 Stat. 150). (3) So much of the vessel inspection laws of the sel inspection, and coastwise laws of the United United States as requires the inspection as a passenger States as he may find and declare to be nec- vessel of any cargo vessel, foreign or domestic, when essary in the public interest, and, to the extent carrying more than twelve passengers or persons in ad- that the laws so made applicable conflict with dition to the crew. any laws of local application enacted by the leg- (4) Federal laws levying tonnage duties, light money, islature, such laws enacted by the legislature or entrance and clearance fees. shall have no force and effect. §§ 1405d to 1405g. Repealed. Pub. L. 97–357, title (e) Existing powers of United States officers III, § 307, Oct. 19, 1982, 96 Stat. 1709 unaffected Section 1405d, act June 22, 1936, ch. 699, § 5, 49 Stat. Nothing in this subchapter shall be construed 1808, related to composition, election, and legislative to affect or impair in any manner the terms and powers of Municipal Council of Saint Croix. Page 87 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1405x

Section 1405e, act June 22, 1936, ch. 699, § 6, 49 Stat. part thereof, subject to the power of the Con- 1808, related to composition, election, and legislative gress to annul the same. The laws of the United powers of Municipal Council of Saint Thomas and Saint States relating to patents, trade marks, and John. copyrights, and to the enforcement of rights Section 1405f, act June 22, 1936, ch. 699, § 7, 49 Stat. 1808, related to composition, meetings, and powers of arising thereunder, shall have the same force two municipal councils to be known as the Legislative and effect in the Virgin Islands as in the con- Assembly of the Virgin Islands. tinental United States, and the District Court of Section 1405g, act June 22, 1936, ch. 699, § 8, 49 Stat. the Virgin Islands shall have the same jurisdic- 1809, related to time of holding elections. tion in causes arising under such laws as is exer- cised by United States district courts. §§ 1405h, 1405i. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649 (June 22, 1936, ch. 699, § 18, 49 Stat. 1811.)

Section 1405h, act June 22, 1936, ch. 699, § 9, 49 Stat. REFERENCES IN TEXT 1809, related to eligibility for membership in municipal councils. The laws of the United States relating to patents, Section 1405i, act June 22, 1936, ch. 699, § 10, 49 Stat. trade marks, and copyrights, referred to in text, are 1809, related to compensation and travel expenses of classified generally to Title 35, Patents, chapter 22 municipal council members. (§ 1051 et seq.) of Title 15, Commerce and Trade, and Title 17, Copyrights. §§ 1405j to 1405p. Repealed. Pub. L. 97–357, title III, § 307, Oct. 19, 1982, 96 Stat. 1709 § 1405r. Repealed. Pub. L. 97–357, title III, § 307, Oct. 19, 1982, 96 Stat. 1709 Section 1405j, act June 22, 1936, ch. 699, § 11, 49 Stat. 1809, related to powers of municipal councils, exemp- Section, act June 22, 1936, ch. 699, § 19, 49 Stat. 1811, tion of members from liability for debate in council, related to scope of legislative power of Virgin Islands and privilege from arrest. and prohibition of tax discrimination against property Section 1405k, act June 22, 1936, ch. 699, § 12, 49 Stat. of nonresidents. 1809, related to appointment by each municipal council of members to serve on Municipal Committee and pow- §§ 1405s to 1405t. Repealed. Pub. L. 89–554, § 8(a), ers of Municipal Committee. Section 1405l, act June 22, 1936, ch. 699, § 13, 49 Stat. Sept. 6, 1966, 80 Stat. 649, 651, 655 1810, related to time and place of meetings of each mu- Section 1405s, acts June 22, 1936, ch. 699, § 20, 49 Stat. nicipal council. 1812; Dec. 26, 1941, ch. 637, 55 Stat. 872, related to execu- Section 1405m, act June 22, 1936, ch. 699, § 14, 49 Stat. tive branch of Government, and to appointment, pow- 1810, related to introduction of bills in municipal coun- ers and duties of Governor. cils by Governor, submission to councils of a budget of Section 1405s–1, act Oct. 15, 1949, ch. 695, § 5(a), 63 estimated receipts and expenditures, and submission of Stat. 880, prescribed compensation of Governor. reports. This section was not enacted as part of the Organic Section 1405n, act June 22, 1936, ch. 699, § 15, 49 Stat. Act of the Virgin Islands of the United States which 1810, related to quorum of councils, vote on adoption of comprises this subchapter. bills, and a journal of proceedings. Section 1405t, act June 22, 1936, ch. 699, § 21, 49 Stat. Section 1405o, act June 22, 1936, ch. 699, § 16, 49 Stat. 1812, related to appointment, powers and duties of Gov- 1810, related to acts of councils and assembly, approval ernment Secretary. or veto thereof by Governor, submission of repassed ve- toed bills to the President, annulment of acts by Con- gress, and authorization of appropriations. §§ 1405u to 1405w. Repealed. Pub. L. 97–357, title Section 1405p, act June 22, 1936, ch. 699, § 17, 49 Stat. III, § 307, Oct. 19, 1982, 96 Stat. 1709 1811, related to vesting of voting franchise in residents Section 1405u, act June 22, 1936, ch. 699, § 22, 49 Stat. of the Virgin Islands who are citizens of the United 1812, related to appointment of an Administrator for States and prescription by legislative assembly of addi- Saint Croix to act for Governor. tional qualifications. Section 1405v, act June 22, 1936, ch. 699, § 23, 49 Stat. § 1405q. Laws continued in force until modified; 1813, related to appointment of such other executive and administrative officers as may be required in dis- patent, trade mark, and copyright laws ex- cretion of Secretary of the Interior. tended to Virgin Islands; jurisdiction of dis- Section 1405w, act June 22, 1936, ch. 699, § 24, 49 Stat. trict court 1813, related to appointment of all salaried officers and The laws of the United States applicable to employees of municipal governments by Governor with advice and consent of municipal council having juris- the Virgin Islands on June 22, 1936, and all local diction. laws and ordinances in force on such date in the Virgin Islands, not inconsistent with this sub- § 1405w–1. Omitted chapter, shall continue in force and effect: Pro- vided, That the Municipal Council of Saint Croix CODIFICATION and the Municipal Council of Saint Thomas and Section, act July 3, 1945, ch. 262, § 1, 59 Stat. 359, Saint John, and the legislative assembly, shall which related to appointment of an executive assistant have power when not inconsistent with this sub- to Governor and legal counsel, was superseded by sec- chapter and within their respective jurisdic- tion 1591 of this title. Section was not enacted as part tions, to amend, alter, modify, or repeal any law of the Organic Act of the Virgin Islands of the United of the United States of local application only, or States which comprises this subchapter. any ordinance, public or private, civil or crimi- nal, continued in force and effect by this sub- § 1405x. Repealed. Pub. L. 97–357, title III, § 307, chapter, except as herein otherwise provided, Oct. 19, 1982, 96 Stat. 1709 and to enact new laws and ordinances not incon- Section, act June 22, 1936, ch. 699, § 25, 49 Stat. 1813, sistent with this subchapter and not inconsist- related to vesting of judicial power in District Court of ent with the laws of the United States hereafter Virgin Islands, organization and conduct of a Superior made applicable to the Virgin Islands or any Court, and appeals from Superior Court. § 1405y TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 88

§ 1405y. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, of the Virgin Islands; and the Municipal Council 1966, 80 Stat. 649, 650, 654, 657 of Saint Thomas and Saint John may make ap- propriations for the purposes of said municipal- Section, acts June 22, 1936, ch. 699, § 26, 49 Stat. 1813; ity from, and to be paid out of, the funds cred- Aug. 5, 1939, ch. 430, 53 Stat. 1203; June 25, 1948, ch. 646, § 28, 62 Stat. 991; Feb. 10, 1954, ch. 6, § 3(a), 68 Stat. 12, ited to its account in said treasury. related to appointment of a judge of district court, a (June 22, 1936, ch. 699, § 35, 49 Stat. 1816.) special judge, district attorney, and court officers. § 1406i. Taxes and fees; power to assess and col- §§ 1405z to 1406e. Repealed. Pub. L. 97–357, title lect; ports of entry; export duties III, § 307, Oct. 19, 1982, 96 Stat. 1709 Taxes and assessments on property and in- Section 1405z, act June 22, 1936, ch. 699, § 27, 49 Stat. comes, internal-revenue taxes, license fees, and 1813, related to two divisions of District Court of Virgin service fees may be imposed and collected, and Islands, terms of court, rules of practice, and process. Section 1406, act June 22, 1936, ch. 699, § 28, 49 Stat. royalties for franchises, privileges, and conces- 1814, related to jurisdiction of district court generally. sions granted may be collected for the purposes Section 1406a, act June 22, 1936, ch. 699, § 29, 49 Stat. of the Government of the Virgin Islands as may 1814, related to jurisdiction of district court over be provided and defined by the municipal coun- crimes committed on the high seas. cils herein established: Provided, That all money Section 1406b, act June 22, 1936, ch. 699, § 30, 49 Stat. hereafter derived from any tax levied or assessed 1814, related to appeals from District Court of Virgin Is- for a special purpose shall be treated as a special lands. fund in the treasury of the Virgin Islands and Section 1406c, act June 22, 1936, ch. 699, § 31, 49 Stat. 1814, related to jury trials in criminal cases. paid out for such purpose only, except when Section 1406d, act June 22, 1936, ch. 699, § 32, 49 Stat. otherwise authorized by the legislative author- 1814, related to jurisdiction of inferior courts. ity having jurisdiction after the purpose for Section 1406e, act June 22, 1936, ch. 699, § 33, 49 Stat. which such fund was created has been accom- 1815, related to appeals from inferior courts to district plished. Until Congress shall otherwise provide, court. all laws concerning import duties and customs in the municipality of Saint Thomas and Saint § 1406f. Judicial process; title of criminal pros- John now in effect shall be in force and effect in ecutions and for the Virgin Islands: Provided, That the All judicial process shall run in the name of Secretary of the Treasury shall designate the ‘‘United States of America, scilicet, the Presi- several ports and sub-ports of entry in the Vir- dent of the United States’’, and all penal or gin Islands of the United States and shall make criminal prosecutions in the local courts shall such rules and regulations and appoint such offi- be conducted in the name of and by authority of cers and employees as he may deem necessary ‘‘the People of the Virgin Islands of the United for the administration of the customs laws in States.’’ the Virgin Islands of the United States; and he (June 22, 1936, ch. 699, § 37, 49 Stat. 1817.) shall fix the compensation of all such officers and employees and provide for the payment of § 1406g. Repealed. Pub. L. 97–357, title III, § 307, such compensations and other expenses of the Oct. 19, 1982, 96 Stat. 1709 collection of duties, fees, and taxes imposed under the customs laws from the receipts there- Section, act June 22, 1936, ch. 699, § 34, 49 Stat. 1815, of. The export duties in effect on June 22, 1936 related to bill of rights of Virgin Islands. may be from time to time reduced, repealed, or § 1406h. Taxes, duties and fees as funds for bene- restored by ordinance of the municipal council fit of municipalities; appropriations having jurisdiction: Provided further, That no new export duties shall be levied in the Virgin All taxes, duties, fees, and public revenues col- Islands except by the Congress. lected in the municipality of Saint Croix shall be covered into the treasury of the Virgin Is- (June 22, 1936, ch. 699, § 36, 49 Stat. 1816.) lands and held in account for said municipality § 1406j. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, and all taxes, duties, fees, and public revenues 1966, 80 Stat. 649 collected in the municipality of Saint Thomas and Saint John shall be covered into said treas- Section, act June 22, 1936, ch. 699, § 38, 49 Stat. 1817, ury of the Virgin Islands and held in account for provided for citizenship of officials and for oath of of- said municipality: Provided, That the proceeds of fice. customs duties, less the cost of collection, and § 1406k. Repealed. Pub. L. 97–357, title III, § 307, the proceeds of the United States income tax, Oct. 19, 1982, 96 Stat. 1709 and the proceeds of any taxes levied by the Con- gress on the inhabitants of the Virgin Islands, Section, act June 22, 1936, ch. 699, § 39, 49 Stat. 1817, and all quarantine, passport, immigration, and related to jurisdiction of Secretary of the Interior and naturalization fees collected in the Virgin Is- Attorney General. lands shall be covered into the treasury of the § 1406l. Effective date Virgin Islands and held in account for the re- spective municipalities, and shall be expended This subchapter shall take effect June 22, 1936, for the benefit and government of said munici- but until its provisions shall severally become palities in accordance with the annual munici- operative as herein provided, the corresponding pal budgets. The Municipal Council of Saint legislative, executive, and judicial functions of Croix may make appropriations for the purposes the existing government shall continue to be ex- of said municipality from, and to be paid out of, ercised as now provided by law or ordinance, and the funds credited to its account in the treasury the present incumbents of all offices under the Page 89 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1408

Government of the Virgin Islands shall continue [repealing sections 1407 to 1407i of this title] shall affect in office until their successors are appointed and the pension rights of former employees of the Virgin Is- have qualified unless sooner removed by com- lands Corporation.’’ petent authority. TRANSFER OF FACILITIES; INVESTMENT INCREASE; (June 22, 1936, ch. 699, § 40, 49 Stat. 1817.) SUPPLY OF ELECTRIC POWER Pub. L. 85–913, § 7, Sept. 2, 1958, 72 Stat. 1760, author- § 1406m. Short title ized the Secretary of the Navy to transfer and convey This subchapter may be cited as the Organic to the Virgin Islands Corporation, without reimburse- Act of the Virgin Islands of the United States. ment, the power-generating facilities located at the Marine Corps air facility and naval submarine base, (June 22, 1936, ch. 699, § 41, 49 Stat. 1817.) Saint Thomas, Virgin Islands, together with all the land, buildings, structures, facilities, distribution lines, SUBCHAPTER III—VIRGIN ISLANDS fuel tanks, and equipment appurtenant thereto and CORPORATION necessary for the operation thereof, with such transfer to be accomplished not later than June 30, 1969. §§ 1407 to 1407i. Repealed. Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710 DISSOLUTION OF VIRGIN ISLANDS COMPANY Act June 30, 1949, ch. 285, § 11, 63 Stat. 355, authorized Section 1407, act June 30, 1949, ch. 285, § 1, 63 Stat. 350, the Secretary of the Interior, the Under Secretary of related to creation of Virgin Islands Corporation under the Interior, and the Governor of the Virgin Islands, as direction of the President of the United States or his the stockholders of the Virgin Islands Company, a cor- representative for promotion of economic development poration created by ordinance of the Colonial Council of Virgin Islands. Section 1407a, act June 30, 1949, ch. 285, § 2, 63 Stat. for Saint Thomas and Saint John, Virgin Islands of the 351, related to principal offices of Corporation for venue United States, to take such steps as may be appro- purposes and establishment of branch offices. priate to dissolve the Virgin Islands Company, prior to Section 1407b, act June 30, 1949, ch. 285, § 3, 63 Stat. repeal by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 351, set forth authorized activities of Corporation. 96 Stat. 1710. Section 1407c, acts June 30, 1949, ch. 285, § 4, 63 Stat. 352; Sept. 2, 1958, Pub. L. 85–913, §§ 1–3, 72 Stat. 1759; SUBCHAPTER IV—PUBLIC HOUSING June 6, 1972, Pub. L. 92–310, title II, § 234, 86 Stat. 214, re- lated to general powers of Corporation. § 1408. Legislative authority to create authori- Section 1407d, act June 30, 1949, ch. 285, § 5, 63 Stat. ties; appointment of members; powers of au- 353, related to utilization of other Federal agencies and thorities instrumentalities. Section 1407e, acts June 30, 1949, ch. 285, § 6, 63 Stat. The government of the Virgin Islands, through 353; Sept. 2, 1958, Pub. L. 85–913, § 4, 72 Stat. 1760; Oct. its legislative assembly, may grant to a public 4, 1961, Pub. L. 87–382, 75 Stat. 812, related to appropria- corporate authority existing or to be created tion of money and establishment of a revolving fund. through said assembly, exclusive authority to Section 1407f, act June 30, 1949, ch. 285, § 7, 63 Stat. undertake slum clearance, urban redevelopment, 353; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. urban renewal, and low-rent housing activities 7959, 84 Stat. 2085, related to use of funds and limita- within the municipalities of the Virgin Islands. tions thereon, interest payments to Treasury on ad- vances, and contributions to retirement and disability The legislative assembly may provide for the ap- funds. pointment and terms of office of the members of Section 1407g, acts June 30, 1949, ch. 285, § 8, 63 Stat. such authority and for the powers of such au- 354; Sept. 2, 1958, Pub. L. 85–913, § 5, 72 Stat. 1760, related thority, including authority to accept whatever to authorization of appropriations necessary to cover benefits the Federal Government may make losses substained in revenue-producing activities, ex- available under the Housing Act of 1949 (Public penses incurred in non-revenue-producing activities, Law 171, Eighty-First Congress), as amended [42 and an appraisal of necessary working capital. U.S.C. 1441 et seq.], or any other law, for Section 1407h, acts June 30, 1949, ch. 285, § 9, 63 Stat. 354; Sept. 2, 1958, Pub. L. 85–913, § 6, 72 Stat. 1760, related projects contemplated by this Act, as amended, to Board of Directors of Corporation. and to do all things, to exercise any and all pow- Section 1407i, act June 30, 1949, ch. 285, § 10, 63 Stat. ers, and to assume and fulfill any and all obliga- 355; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. tions, duties, responsibilities, and requirements, 7959, 84 Stat. 2085, related to transfer of functions, as- including but not limited to those relating to sets, and property of Virgin Islands Company to Cor- planning or zoning, necessary or desirable for re- poration. ceiving such Federal assistance, except that EFFECTIVE DATE such authority shall not be given any power of Act June 30, 1949, ch. 285, § 14, 63 Stat. 356, which pro- taxation, nor any power to pledge the faith and vided that act June 30, 1949, ch. 285 [see Short Title credit of the people of the Virgin Islands for any note below] become effective June 30, 1949, was repealed loan whatever. by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710. (July 18, 1950, ch. 466, title III, § 301, 64 Stat. 346; Aug. 11, 1955, ch. 783, title I, § 107(5), (7), (9), 69 SHORT TITLE Stat. 638.) Act June 30, 1949, ch. 285, § 15, 63 Stat. 356, provided REFERENCES IN TEXT that act June 30, 1949, enacting sections 1407 to 1407i of this title and amending section 1401d of this title and The Housing Act of 1949 (Public Law 171, Eighty-First section 846 of former Title 31, Money and Finance, Congress), as amended, referred to in text, is act July could be cited as the ‘‘Virgin Islands Corporation Act’’, 15, 1949, ch. 338, 63 Stat. 413, as amended, which is clas- prior to repeal by Pub. L. 97–357, title III, § 308(e), Oct. sified principally to chapter 8A (§ 1441 et seq.) of Title 19, 1982, 96 Stat. 1710. 42, The Public Health and Welfare. For complete classi- fication of this Act to the Code, see Short Title note SAVINGS PROVISION set out under section 1441 of Title 42 and Tables. Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. This Act, referred to in text, means act July 18, 1950, 1710, provided in part: ‘‘That nothing in this subsection ch. 466, 64 Stat. 344, as amended, known as the Terri- § 1408a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 90 torial Enabling Act of 1950, which enacted this sub- § 1408c. Grants-in-aid by Federal Government chapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 Notwithstanding the limitation contained in and 722 of this title, and enacted provisions set out as the last sentence of section 110(d) [42 U.S.C. notes under sections 480, 481, and 722 of this title. For 1460(d)] or in any other provision of title I [42 complete classification of this Act to the Code, see U.S.C. 1450 et seq.] of the Housing Act of 1949 Tables. (Public Law 171, Eighty-first Congress), as AMENDMENTS amended, the Secretary of Housing and Urban 1955—Act Aug. 11, 1955, included urban renewal Development is authorized to allow and credit projects, and inserted ‘‘as amended’’ after ‘‘Housing to such authority as may be created for the Vir- Act of 1949’’ and after ‘‘this Act’’. gin Islands under this Act, as amended, (1) such local grants-in-aid as are otherwise approvable URBAN RENEWAL ACTIVITIES pursuant to the first sentence of said section Act Aug. 11, 1955, ch. 783, title I, § 107(4), 69 Stat. 638, 110(d) with respect to any slum clearance and amended the heading of title III of the Territorial En- abling Act of 1950, this subchapter, to insert the words urban redevelopment or urban renewal project ‘‘urban renewal’’ in order to make financial assistance or projects undertaken by such authority with available for urban renewal projects. Federal assistance made available under title I of the Housing Act of 1949, as amended, and (2) § 1408a. Issuance of notes, bonds, and obligations such grants-in-aid made or assistance given to The legislative assembly may authorize such the local community by any Federal department authority, any provision of the Virgin Islands or agency pursuant to authority of law other Organic Act [48 U.S.C. 1405 et seq.] or any other than the Housing Act of 1949 [42 U.S.C. 1441 et Act of Congress to the contrary notwithstand- seq.] which would, if made or given by a State or ing, to borrow money and to issue notes, bonds, local community, be approvable pursuant to and other obligations of such character and ma- said first sentence of section 110(d) with respect turity, with such security, and in such manner to any such project or projects so undertaken. as the legislative assembly may provide. Such (July 18, 1950, ch. 466, title III, § 304, 64 Stat. 347; notes, bonds, and other obligations shall not be Aug. 11, 1955, ch. 783, title I, § 107(6)–(9), 69 Stat. a debt of the United States, or of the Virgin Is- 638; Pub. L. 90–19, § 9, May 25, 1967, 81 Stat. 22.) lands or of any municipality or subdivision thereof, other than such authority, nor con- REFERENCES IN TEXT stitute ‘‘bonds and other obligations’’ within the The Housing Act of 1949, referred to in text, is act meaning of sections 1403 to 1403b of this title, or July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is a debt, indebtedness, or the borrowing of money classified principally to chapter 8A (§ 1441 et seq.) of within the meaning of any limitation or restric- Title 42, The Public Health and Welfare. Title I of the tion on the issuance of notes, bonds, or other ob- Housing Act of 1949 (Public Law 171, Eighty-first Con- ligations contained in any laws of the United gress) was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of Title 42, and was omitted from States applicable to the Virgin Islands or to any the Code pursuant to section 5316 of Title 42 which ter- municipal corporation or other political subdivi- minated the authority to make grants or loans under sion or agency thereof. such title I after Jan. 1, 1975. For complete classifica- (July 18, 1950, ch. 466, title III, § 302, 64 Stat. 346.) tion of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. REFERENCES IN TEXT This Act, referred to in text, means act July 18, 1950, The Virgin Islands Organic Act, referred to in text, ch. 466, 64 Stat. 344, as amended, known as the Terri- probably means the Organic Act of the Virgin Islands torial Enabling Act of 1950, which enacted this sub- of the United States, act June 22, 1936, ch. 699, 49 Stat. chapter and sections 480 to 480b, 483a, 483b, 721 to 721b, 1807, as amended, which is classified generally to sub- and 910 to 910b of this title, amended sections 481 to 483 chapter II (§ 1405 et seq.) of this chapter. For complete and 722 of this title, and enacted provisions set out as classification of this Act to the Code, see section 1406m notes under sections 480, 481, and 722 of this title. For of this title and Tables. complete classification of this Act to the Code, see Tables. § 1408b. Authorization of loans, conveyances, etc., AMENDMENTS by government and municipalities 1967—Pub. L. 90–19 substituted ‘‘Secretary of Housing The government of the Virgin Islands, through and Urban Development’’ for ‘‘Housing and Home Fi- its legislative assembly, may assist such author- nance Administrators.’’ ity with cash donations, loans, conveyances of 1955—Act Aug. 11, 1955, included urban renewal proj- real and personal property, facilities, and serv- ects, and inserted ‘‘as amended’’ after (Public Law 171, ices, and otherwise, and may authorize munici- Eighty-first Congress), after ‘‘this Act’’, and after palities and other subdivisions to make cash do- ‘‘Housing Act of 1949’’ in cl. (1). nations, loans, conveyances of real and personal § 1408d. Ratification of prior acts property to such authority, and to take other action, including but not limited to, the making All legislation heretofore enacted by the legis- available or the furnishing of facilities and serv- lative assembly of the Virgin Islands dealing ices, in aid of slum clearance, urban redevelop- with any part of the subject matter of this Act ment, urban renewal, or low-rent housing and not inconsistent herewith is ratified and projects. confirmed. (July 18, 1950, ch. 466, title III, § 303, 64 Stat. 347; (July 18, 1950, ch. 466, title III, § 305, 64 Stat. 347.) Aug. 11, 1955, ch. 783, title I, § 107(5), 69 Stat. 638.) REFERENCES IN TEXT AMENDMENTS This Act, referred to in text, means act July 18, 1950, 1955—Act Aug. 11, 1955, included urban renewal proj- ch. 466, 64 Stat. 344, as amended, known as the Terri- ects. torial Enabling Act of 1950, which enacted this sub- Page 91 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1412 chapter and sections 480 to 480b, 483a, 483b, 721 to 721b, ment of claims for injury to persons and damage to and 910 to 910b of this title, amended sections 481 to 483 property, and limitations thereon. and 722 of this title, and enacted provisions set out as Section 1409i, act Dec. 20, 1944, ch. 615, § 10, 58 Stat. notes under sections 480, 481, and 722 of this title. For 830; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. complete classification of this Act to the Code, see 3176, 64 Stat. 1267, related to promulgation of rules and Tables. regulations. Section 1409j, act Dec. 20, 1944, ch. 615, § 11, 58 Stat. § 1408e. Additional powers 830; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to authorization of appropria- Powers granted in this Act shall be in addition tions for administrative and other expenses. to and not in derogation of any powers granted by other law to or for the benefit or assistance ESTIMATES AS NOT CONSTITUTING LIMITATIONS of any public corporate authority or municipal- Act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 275, pro- ity. vided in part that the estimated project costs specified in this subchapter not constitute limitations on (July 18, 1950, ch. 466, title III, § 306, 64 Stat. 347.) amounts that could be expended for such projects. REFERENCES IN TEXT Similar provisions were contained in acts July 9, 1952, ch. 597, title I, § 101, 66 Stat. 459; Aug. 31, 1951, ch. 375, This Act, referred to in text, means act July 18, 1950, title I, § 101, 65 Stat. 264. ch. 466, 64 Stat. 344, as amended, known as the Terri- torial Enabling Act of 1950, which enacted this sub- SUBCHAPTER VI—AGRICULTURAL chapter and sections 480 to 480b, 483a, 483b, 721 to 721b, PROGRAM and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as §§ 1409m to 1409o. Repealed. Pub. L. 97–357, title notes under sections 480, 481, and 722 of this title. For III, § 308(f), Oct. 19, 1982, 96 Stat. 1710 complete classification of this Act to the Code, see Tables. Section 1409m, act Oct. 29, 1951, ch. 603, § 1, 65 Stat. 661, related to establishment and maintenance of an ag- SUBCHAPTER V—INTERNAL DEVELOPMENT ricultural research and extension service program. Section 1409n, act Oct. 29, 1951, ch. 603, § 2, 65 Stat. 662, §§ 1409 to 1409j. Repealed. Pub. L. 97–357, title related to transfer of functions, property, etc., of the III, § 308(d), Oct. 19, 1982, 96 Stat. 1710 agricultural experiment stations in Virgin Islands from Secretary of the Interior to Secretary of Agriculture. Section 1409, acts Dec. 20, 1944, ch. 615, § 1, 58 Stat. 827; Section 1409o, act Oct. 29, 1951, ch. 603, § 3, 65 Stat. 662, June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 related to authorization of appropriations and use of Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 funds. Stat. 1267, related to undertaking of certain useful con- struction projects to assist in internal development of CHAPTER 8—GUANO ISLANDS Virgin Islands. Section 1409a, act Dec. 20, 1944, ch. 615, § 2, 58 Stat. 828, Sec. related to availability of funds for studies, plans, etc., 1411. Guano districts; claim by United States. for projects authorized. 1412. Notice of discovery of guano and proofs. Section 1409b, acts Dec. 20, 1944, ch. 615, § 3, 58 Stat. 1413. Completion of proof on death of discoverer. 829; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 1414. Exclusive privileges of discoverer. 3176, 64 Stat. 1267; July 12, 1982, Pub. L. 97–214, § 10(b)(3), 1415. Restrictions upon exportation. 96 Stat. 175, related to acquisition of lands for projects 1416. Regulation of trade. authorized. 1417. Criminal jurisdiction. Section 1409c, acts Dec. 20, 1944, ch. 615, § 4, 58 Stat. 1418. Employment of land and naval forces in pro- 829; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 tection of rights. Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3167, 64 1419. Right to abandon islands. Stat. 1267, related to acceptance of funds and materials from Virgin Islands government for use in connection § 1411. Guano districts; claim by United States with projects authorized. Section 1409d, act Dec. 20, 1944, ch. 615, § 5, 58 Stat. 829; Whenever any citizen of the United States dis- 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. covers a deposit of guano on any island, rock, or 3176, 64 Stat. 1267, required construction of projects au- key, not within the lawful jurisdiction of any thorized to be by contract, provided that repairs and other government, and not occupied by the citi- improvements to existing structures be accomplished zens of any other government, and takes peace- by employment of persons without regard to civil-serv- able possession thereof, and occupies the same, ice and classification laws. such island, rock, or key may, at the discretion Section 1409e, acts Dec. 20, 1944, ch. 615, § 6, 58 Stat. 829; June 30, 1949, ch. 288, title I, § 102, 63 Stat. 380; 1950 of the President, be considered as appertaining Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 to the United States. Stat. 1267, related to procurement, warehousing and (R.S. § 5570.) distribution of property, and establishment of a revolv- ing fund for purchase, repairs, etc., of materials and CODIFICATION supplies. R.S. § 5570 derived from act Aug. 18, 1856, ch. 164, § 1, Section 1409f, act Dec. 20, 1944, ch. 615, § 7, 58 Stat. 829, 11 Stat. 119. made inapplicable to projects authorized the provisions of section 5 of former title 41, relating to advertising § 1412. Notice of discovery of guano and proofs for bids in purchase of materials and services, where aggregate amount is less than $500. The discoverer shall, as soon as practicable, Section 1409g, act Dec. 20, 1944, ch. 615, § 8, 58 Stat. 829, give notice verified by affidavit, to the Depart- related to disability and death benefits for certain em- ment of State, of such discovery, occupation, ployees receiving compensation from funds appro- and possession, describing the island, rock, or priated under this subchapter, subject to certain excep- tions. key, and the latitude and longitude thereof, as Section 1409h, act Dec. 20, 1944, ch. 615, § 9, 58 Stat. near as may be, and showing that such posses- 829; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. sion was taken in the name of the United States; 3176, 64 Stat. 1267, related to consideration and settle- and shall furnish satisfactory evidence to the § 1413 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 92

State Department that such island, rock, or key CODIFICATION was not, at the time of the discovery thereof, or R.S. § 5574 derived from acts Aug. 18, 1856, ch. 164, § 2, of the taking possession and occupation thereof 11 Stat. 119; July 28, 1866, ch. 298, § 3, 14 Stat. 328; Apr. by the claimants, in the possession or occupa- 2, 1872, ch. 81, § 1, 17 Stat. 48. tion of any other government or of the citizens An additional provision of R.S. § 5574 suspending this of any other government, before the same shall section for 5 years from and after July 14, 1872, in rela- be considered as appertaining to the United tion to all persons who had complied with the provi- States. sions of that title of the Revised Statutes, was omitted as temporary. (R.S. § 5571.) § 1416. Regulation of trade CODIFICATION The introduction of guano from such islands, R.S. § 5571 derived from act Aug. 18, 1856, ch. 164, § 1, rocks, or keys shall be regulated as in the coast- 11 Stat. 119. ing trade between different parts of the United States, and the same laws shall govern the ves- § 1413. Completion of proof on death of discov- sels concerned therein. erer (R.S. § 5575.) If the discoverer dies before perfecting proof of discovery or fully complying with the provisions CODIFICATION of section 1412 of this title, his widow, heir, ex- R.S. § 5575 derived from act Aug. 18, 1856, ch. 164, § 3, ecutor, or administrator shall be entitled to the 11 Stat. 120. benefits of such discovery, upon complying with the provisions of this chapter. Nothing herein § 1417. Criminal jurisdiction shall be held to impair any rights of discovery All acts done, and offenses or crimes commit- or any assignment by a discoverer recognized ted, on any island, rock, or key mentioned in prior to April 2, 1872, by the United States. section 1411 of this title, by persons who may (R.S. § 5572.) land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on CODIFICATION board a merchant ship or vessel belonging to the R.S. § 5572 derived from act Apr. 2, 1872, ch. 81, § 1, 17 United States; and shall be punished according Stat. 48. to the laws of the United States relating to such ships or vessels and offenses on the high seas, § 1414. Exclusive privileges of discoverer which laws for the purpose aforesaid are ex- The discoverer, or his assigns, being citizens of tended over such islands, rocks, and keys. the United States, may be allowed, at the pleas- (R.S. § 5576.) ure of Congress, the exclusive right of occupying such island, rocks, or keys, for the purpose of CODIFICATION obtaining guano, and of selling and delivering R.S. § 5576 derived from act Aug. 18, 1856, ch. 164, § 6, the same to citizens of the United States, to be 11 Stat. 120. used therein, and may be allowed to charge and receive for every ton thereof delivered alongside § 1418. Employment of land and naval forces in a vessel, in proper tubs, within reach of ship’s protection of rights tackle, a sum not exceeding $8 per ton for the The President is authorized, at his discretion, best quality, or $4 for every ton taken while in to employ the land and naval forces of the its native place of deposit. United States to protect the rights of the dis- (R.S. § 5573.) coverer or of his widow, heir, executor, adminis- trator, or assigns. CODIFICATION (R.S. § 5577.) R.S. § 5573 derived from act Aug. 18, 1856, ch. 164, § 2, 11 Stat. 119. CODIFICATION R.S. § 5577 derived from act Aug. 18, 1856, ch. 164, § 5, § 1415. Restrictions upon exportation 11 Stat. 120. No guano shall be taken from any island, rock, § 1419. Right to abandon islands or key mentioned in section 1411 of this title, ex- cept for the use of the citizens of the United Nothing in this chapter contained shall be States or of persons resident therein. The dis- construed as obliging the United States to re- coverer, or his widow, heir, executor, adminis- tain possession of the islands, rocks, or keys, trator, or assigns, shall enter into bond, in such after the guano shall have been removed from penalty and with such sureties as may be re- the same. quired by the President, to deliver the guano to (R.S. § 5578.) citizens of the United States, for the purpose of being used therein, and to none others, and at CODIFICATION the price prescribed, and to provide all nec- R.S. § 5578 derived from act Aug. 18, 1856, ch. 164, § 4, essary facilities for that purpose within a time 11 Stat. 120. to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture CHAPTER 8A—GUAM of all rights accruing under and by virtue of this SUBCHAPTER I—GENERAL PROVISIONS chapter. Sec. (R.S. § 5574.) 1421. Territory included under name Guam. Page 93 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421

Sec. Sec. 1421a. Unincorporated territory; capital; powers of 1424–4. Criminal offenses; procedure; definitions. government; suits against government; type 1424a. Repealed. of government; supervision. 1424b. Judge of District Court; appointment, tenure, 1421b. Bill of rights. removal, and compensation; appointment of 1421c. Certain laws continued in force; modification United States attorney and marshal. or repeal of laws. 1424c. Review of claims respecting land on Guam. 1421d. Salaries and allowances of officers and em- SUBCHAPTER V—PUBLIC HOUSING AND URBAN ployees. RENEWAL 1421e. Duty on articles. 1421f. Title to property transferred. 1425. Omitted. 1421f–1. Acknowledgement of deeds. 1425a. Legislative authority to create authorities; 1421g. Establishment and maintenance of public appointment of members; powers of au- bodies and offices. thorities. 1421h. Duties, taxes, and fees; proceeds collected to 1425b. Issuance of notes, bonds, and obligations. constitute fund for benefit of Guam; pre- 1425c. Authorization of loans, conveyances, etc. requisites, amount, etc., remitted prior to 1425d. Ratification of prior act. commencement of next fiscal year. 1425e. Additional powers. 1421i. Income tax. 1426. Repealed. 1421j. Authorization of appropriations. SUBCHAPTER VI—GUAM DEVELOPMENT FUND 1421k. Designation of naval or military reservations; closed port. 1428. Authorization of appropriations. 1421k–1 to 1421m. Repealed. 1428a. Submission of plan for use of funds; contents 1421n. Applicability of Federal copyright laws. of plan; term, interest rate, and premium 1421o. Federal assistance for fire control, watershed charge of loan. protection, and reforestation. 1428b. Prerequisite for loan or loan guarantee; maxi- 1421p. Authorization of appropriations. mum participation in available funds; re- 1421q. Applicability of Federal laws. serves for loan guarantees. 1421q–1. Applicability of laws referred to in section 1428c. Accounting procedures. 502(a)(1) of Covenant to Establish a Com- 1428d. Report for inclusion in annual report by Gov- monwealth of the Northern Mariana Is- ernor. lands. 1428e. Audit of books and records of agency, or 1421r. Port of Guam Improvement Enterprise Pro- agencies, administering loan funds. gram. CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: SUBCHAPTER II—THE EXECUTIVE BRANCH ESTABLISHMENT; CONGRESSIONAL AUTHORIZATION 1422. Governor and Lieutenant Governor; term of Authorization for the peoples of the Virgin Islands office; qualifications; powers and duties; an- and Guam to call constitutional conventions to draft nual report to Congress. constitutions for local self-government, see Pub. L. 1422a. Removal of Governor, Lieutenant Governor, 94–584, Oct. 21, 1976, 90 Stat. 2899, set out as a note under or member of legislature; referendum elec- section 1541 of this title. tion. 1422b. Vacancy in office of Governor or Lieutenant DELEGATE TO CONGRESS FROM GUAM Governor. Provisions respecting representation in Congress by a 1422c. Executive agencies and instrumentalities. Delegate from Guam to the House of Representatives, 1422d. Transfer of functions from government comp- see section 1711 et seq. of this title. troller for Guam to Inspector General, De- partment of the Interior. SUBCHAPTER I—GENERAL PROVISIONS SUBCHAPTER III—THE LEGISLATURE § 1421. Territory included under name Guam 1423. Legislature of Guam. 1423a. Power of legislature; limitation on indebted- The territory ceded to the United States in ac- ness of Guam; bond issues; guarantees for cordance with the provisions of the Treaty of purchase by Federal Financing Bank of Peace between the United States and Spain, Guam Power Authority bonds or other obli- signed at Paris, December 10, 1898, and pro- gations; interest rates; default. 1423b. Selection and qualification of members; offi- claimed April 11, 1899, and known as the island cers; rules and regulations; quorum. of Guam in the Marianas Islands, shall continue 1423c. Privileges of members. to be known as Guam. 1423d. Oath of office. (Aug. 1, 1950, ch. 512, § 2, 64 Stat. 384.) 1423e. Prohibition against acceptance of salary in- creases or newly created offices. EFFECTIVE DATE; CONTINUATION OF FEDERAL 1423f. Qualifications of members. ADMINISTRATION 1423g. Vacancies. 1423h. Regular and special sessions. Section 34 of act Aug. 1, 1950, provided that on the 1423i. Approval of bills. 21st day of July 1950, the authority and powers con- 1423j. Authorization of appropriations. ferred by this chapter would come into force, and au- 1423k. Right of petition. thorized the President, for a period not to exceed one 1423l. Omitted. year from Aug. 1, 1950, to continue the administration of Guam in all or in some respects as provided by law, SUBCHAPTER IV—THE JUDICIARY Executive order, or local regulation in force on Aug. 1, 1424. ; local courts; jurisdic- 1950. It further authorized the President in his discre- tion. tion to place in operation all or some of the provisions 1424–1. Jurisdiction and powers of local courts. of this chapter if practicable before the expiration of 1424–2. Relations between courts of United States the period of one year. and courts of Guam. SHORT TITLE OF 2002 AMENDMENT 1424–3. Appellate jurisdiction of District Court; pro- cedure; review by United States Court of Pub. L. 107–212, § 1, Aug. 21, 2002, 116 Stat. 1051, pro- Appeals for Ninth Circuit; rules; appeals to vided that: ‘‘This Act [amending section 1421i of this appellate court. title and enacting provisions set out as a note under § 1421a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 94 section 1421i of this title] may be cited as the ‘Guam § 1421a. Unincorporated territory; capital; pow- Foreign Investment Equity Act’.’’ ers of government; suits against government; type of government; supervision SHORT TITLE OF 1998 AMENDMENT Pub. L. 105–291, § 1, Oct. 27, 1998, 112 Stat. 2785, pro- Guam is declared to be an unincorporated ter- vided that: ‘‘This Act [amending sections 1421g, 1423a, ritory of the United States and the capital and and 1423b of this title] may be cited as the ‘Guam Or- seat of government thereof shall be located at ganic Act Amendments of 1998’.’’ the city of Agana, Guam. The shall have the powers set forth in this SHORT TITLE OF 1968 AMENDMENTS chapter, shall have power to sue by such name, Pub. L. 90–601, § 1, Oct. 17, 1968, 82 Stat. 1172, provided and, with the consent of the legislature evi- that: ‘‘This Act [enacting sections 1428 to 1428e of this denced by enacted law, may be sued upon any title] may be cited as the ‘Guam Development Fund contract entered into with respect to, or any Act of 1968’.’’ tort committed incident to, the exercise by the Pub. L. 90–497, § 14, Sept. 11, 1968, 82 Stat. 848, provided government of Guam of any of its lawful powers. that: ‘‘This Act [enacting section 1422d of this title and section 335 of Title 10, Armed Forces, amending sec- The government of Guam shall consist of three tions 1421a, 1421b, 1421c, 1421d, 1421f, 1422, 1422a, 1422b, branches, executive, legislative, and judicial, 1422c, 1423b, 1423h, and 1423i of this title, and enacting and its relations with the Federal Government provisions set out as notes under this section and sec- in all matters not the program responsibility of tion 1422 of this title] may be cited as the ‘Guam Elec- another Federal department or agency, shall be tive Governor Act’.’’ under the general administrative supervision of the Secretary of the Interior. SHORT TITLE (Aug. 1, 1950, ch. 512, § 3, 64 Stat. 384; Pub. L. Act Aug. 1, 1950, ch. 512, § 1, 64 Stat. 384, provided 86–316, Sept. 21, 1959, 73 Stat. 588; Pub. L. 90–497, that: ‘‘This Act [enacting this chapter and amending section 703 of Title 8, Aliens and Nationality] may be § 12(a), Sept. 11, 1968, 82 Stat. 847.) cited as the ‘Organic Act of Guam’.’’ AMENDMENTS

POLITICAL UNION BETWEEN TERRITORY OF GUAM AND 1968—Pub. L. 90–497 substituted provisions that all COMMONWEALTH OF , EF- matters concerning Guam which are not the program FECTS ON RIGHTS AND ENTITLEMENTS responsibility of other Federal departments or agencies be under the general administrative supervision of the In event of political union between Guam and the Secretary of the Interior for provisions that the gen- Commonwealth of the Northern Mariana Islands, there eral administrative supervision of matters concerning shall be no diminution of rights or entitlements, nor Guam be under the head of such civilian department or any adverse effects on any funds authorized or appro- agency of the Government of the United States as the priated, see section 1844 of this title. President might direct. 1959—Pub. L. 86–316 permitted government of Guam, ANALYSIS OF CAPITAL INFRASTRUCTURE NEEDS OF with consent of legislature, to be sued. GUAM FOR 1985 TO 1990 TIMEFRAME; REPORT TO CON- GRESS; CONTENTS EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 95–348, § 1(a)(6), Aug. 18, 1978, 92 Stat. 487, pro- Amendment by Pub. L. 90–497 necessary to authorize vided that the Secretary prepare and transmit to the the holding of an election for Governor and Lieutenant Congress no later than July 1, 1979, an analysis of the Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all capital infrastructure needs of Guam for the 1985 to other amendments unless otherwise provided effective 1990 timeframe. Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. SUBMERGED LANDS, CONVEYANCE TO TERRITORY § 1421b. Bill of rights Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title. (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the EX. ORD. NO. 10077. TRANSFER OF ADMINISTRATION OF free exercise thereof, or abridging the freedom of GUAM speech, or of the press, or the right of the people Ex. Ord. No. 10077, eff. Sept. 7, 1949, 14 F.R. 5523, as peaceably to assemble and to petition the gov- amended by Ex. Ord. No. 10137, eff. June 30, 1950, 15 F.R. ernment for a redress of their grievances. 4241, provided: (b) No soldier shall, in time of peace, be quar- 1. The administration of the Island of Guam is hereby tered in any house, without the consent of the transferred from the Secretary of the Navy to the Sec- owner, nor in time of war, but in a manner to be retary of the Interior, such transfer to become effective prescribed by law. on August 1, 1950. (c) The right of the people to be secure in their 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the persons, houses, papers, and effects, against un- transfer of the administration of the Island of Guam as reasonable searches and seizures, shall not be embodied in the above mentioned memorandum of un- violated; and no warrant for arrest or search derstanding between the two departments. shall issue but upon probable cause, supported 3. When the transfer of administration made by this by oath or affirmation, and particularly describ- order becomes effective, the Secretary of the Interior ing the place to be searched and the person or shall take such action as may be necessary and appro- things to be seized. priate, and in harmony with applicable law, for the ad- (d) No person shall be subject for the same of- ministration of civil government on the Island of fense to be twice put in jeopardy of punishment; Guam. 4. The executive departments and agencies of the nor shall he be compelled in any criminal case Government are authorized and directed to cooperate to be a witness against himself. with the Departments of the Navy and Interior in the (e) No person shall be deprived of life, liberty, effectuation of the provisions of this order. or property without due process of law. 5. The said Executive Order No. 108–A of December 23, (f) Private property shall not be taken for pub- 1898, is revoked, effective July 1, 1950. lic use without just compensation. Page 95 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421d

(g) In all criminal prosecutions the accused All laws enacted by Congress with respect to shall have the right to a speedy and public trial; Guam and all laws enacted by the territorial to be informed of the nature and cause of the ac- legislature of Guam which are inconsistent with cusation and to have a copy thereof; to be con- the provisions of this subsection are repealed to fronted with the witnesses against him; to have the extent of such inconsistency. compulsory process for obtaining witnesses in (Aug. 1, 1950, ch. 512, § 5, 64 Stat. 385; Pub. L. his favor, and to have the assistance of counsel 90–497, § 10, Sept. 11, 1968, 82 Stat. 847.) for his defense. (h) Excessive bail shall not be required, nor ex- AMENDMENTS cessive fines imposed, nor cruel and unusual 1968—Subsec. (u). Pub. L. 90–497 added subsec. (u). punishments inflicted. (i) Neither slavery nor involuntary servitude, EFFECTIVE DATE OF 1968 AMENDMENT except as a punishment for crime whereof the Pub. L. 90–497, § 10, Sept. 11, 1968, 82 Stat. 847, provided party shall have been duly convicted, shall exist that the amendment made by that section is effective in Guam. on date of enactment of Pub. L. 90–497, which was ap- (j) No bill of attainder, ex post facto law, or proved Sept. 11, 1968. law impairing the obligation of contracts shall be enacted. § 1421c. Certain laws continued in force; modi- (k) No person shall be imprisoned for debt. fication or repeal of laws (l) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of (a) The laws of Guam in force on August 1, rebellion or invasion or imminent danger there- 1950, except as amended by this chapter, are con- of, the public safety shall require it. tinued in force, subject to modification or repeal (m) No qualification with respect to property, by the Congress of the United States or the Leg- income, political opinion, or any other matter islature of Guam, and all laws of Guam incon- apart from citizenship, civil capacity, and resi- sistent with the provisions of this chapter are dence shall be imposed upon any voter. repealed to the extent of such inconsistency. (n) No discrimination shall be made in Guam (b) Repealed. Pub. L. 90–497, § 7, Sept. 11, 1968, against any person on account of race, language, 82 Stat. 847. or religion, nor shall the equal protection of the (Aug. 1, 1950, ch. 512, § 25, 64 Stat. 390; Pub. L. laws be denied. 90–497, § 7, Sept. 11, 1968, 82 Stat. 847.) (o) No person shall be convicted of treason against the United States unless on the testi- AMENDMENTS mony of two witnesses to the same overt act, or 1968—Subsec. (b). Pub. L. 90–497 repealed subsec. (b) on confession in open court. which prohibited the application to Guam of laws of (p) No public money or property shall ever be the United States not specifically made applicable to appropriated, supplied, donated, or used, di- Guam and established a commission to determine rectly or indirectly, for the use, benefit, or sup- which laws were applicable to Guam and which were port of any sect, church, denomination, sectar- not. ian institution, or association, or system of reli- EFFECTIVE DATE OF 1968 AMENDMENT gion, or for the use, benefit, or support of any priest, preacher, minister, or other religious Pub. L. 90–497, § 7, Sept. 11, 1968, 82 Stat. 847, provided that the amendment made by that section is effective teacher or dignitary as such. on date of enactment of Pub. L. 90–497, which was ap- (q) The employment of children under the age proved Sept. 11, 1968. of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is § 1421d. Salaries and allowances of officers and hereby prohibited. employees (r) There shall be compulsory education for all children, between the ages of six and sixteen The salaries and travel allowances of the Gov- years. ernor, Lieutenant Governor, the heads of the ex- (s) No religious test shall ever be required as ecutive departments, other officers and employ- a qualification to any office or public trust ees of the government of Guam, and the mem- under the government of Guam. bers of the legislature, shall be paid by the gov- (t) No person who advocates, or who aids or be- ernment of Guam at rates prescribed by the laws longs to any party, organization, or association of Guam. which advocates, the overthrow by force or vio- (Aug. 1, 1950, ch. 512, § 26, 64 Stat. 391; Aug. 1, lence of the government of Guam or of the 1956, ch. 852, § 21, 70 Stat. 911; Pub. L. 89–100, July United States shall be qualified to hold any pub- 30, 1965, 79 Stat. 424; Pub. L. 90–497, § 9, Sept. 11, lic office of trust or profit under the government 1968, 82 Stat. 847.) of Guam. (u) The following provisions of and amend- AMENDMENTS ments to the Constitution of the United States 1968—Subsec. (c). Pub. L. 90–497, § 9(a), repealed sub- are hereby extended to Guam to the extent that sec. (c) which provided for the payment of transpor- they have not been previously extended to that tation expenses by the United States of all officers and territory and shall have the same force and ef- employees of the government of Guam if their homes fect there as in the United States or in any were outside Guam. State of the United States: article I, section 9, Pub. L. 90–497, § 9(b), removed subsection designations clauses 2 and 3; article IV, section 1 and section and substituted provisions that the government of Guam pay the salaries and travel expenses of the Gov- 2, clause 1; the first to ninth amendments inclu- ernor, Lieutenant Governor, heads of executive depart- sive; the thirteenth amendment; the second sen- ments, members of the legislature, and government of- tence of section 1 of the fourteenth amendment; ficers and employees at rates prescribed by the laws of and the fifteenth and nineteenth amendments. Guam for provisions setting the salary for the Gov- § 1421e TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 96 ernor and Secretary of Guam and allowing for the pay- control of the government of Guam, to be ad- ment of transportation expenses and salaries of certain ministered for the benefit of the people of Guam, officers and employees by the United States. and the legislature shall have authority, subject 1965—Subsec. (e). Pub. L. 89–100 substituted provisions to such limitations as may be imposed upon its empowering the government of Guam to fix and pay legislative salaries and expenses for provisions which acts by this chapter or subsequent Act of the specifically fixed a sum of $15 per day to be paid each Congress, to legislate with respect to such prop- member for every day the legislature is in session pay- erty, real and personal, in such manner as it able out of Congressional appropriations and which re- may deem desirable. quired all other expenses to be paid by the government (c) Secretary of the Interior; sale or lease of Guam. 1956—Subsec. (a). Act Aug. 1, 1956, substituted ‘‘the All property owned by the United States in Governor of the Virgin Islands in the Executive Pay Guam, the title to which is not transferred to Act of 1949, as heretofore or hereafter amended,’’ for the government of Guam by subsection (a) of ‘‘Governors of Territories and possessions in the Execu- this section, or which is not placed under the tive Pay Act of 1949, but not to exceed $13,125,’’. control of the government of Guam by sub- EFFECTIVE DATE OF 1968 AMENDMENT section (b) of this section, is transferred to the administrative supervision of the Secretary of Pub. L. 90–497, § 9(a), Sept. 11, 1968, 82 Stat. 847, pro- the Interior, except as the President may from vided that the amendment made by that section is ef- fective on date of enactment of Pub. L. 90–497, which time to time otherwise prescribe: Provided, That was approved Sept. 11, 1968. the Secretary of the Interior shall be authorized Pub. L. 90–497, § 9(b), Sept. 11, 1968, 82 Stat. 847, pro- to lease or to sell, on such terms as he may vided that the amendment made by that section is ef- deem in the public interest, any property, real fective Jan. 4, 1971. and personal, of the United States under his ad- ministrative supervision in Guam not needed for § 1421e. Duty on articles public purposes. All articles coming into the United States (Aug. 1, 1950, ch. 512, § 28, 64 Stat. 392; Pub. L. from Guam shall be subject to or exempt from 90–497, § 12(b), Sept. 11, 1968, 82 Stat. 848.) duty as provided for in section 1301a 1 of title 19. AMENDMENTS (Aug. 1, 1950, ch. 512, § 27, 64 Stat. 392; Sept. 1, 1954, ch. 1213, title IV, § 402(b), 68 Stat. 1140.) 1968—Subsec. (c). Pub. L. 90–497 substituted ‘‘The Sec- retary of the Interior’’ for ‘‘the head of the department REFERENCES IN TEXT or agency designated by the President under section 1421a of this title’’ in text of subsec. (c) and ‘‘the Sec- Section 1301a of title 19, referred to in text, was re- retary of the Interior’’ for ‘‘the head of such depart- pealed by Pub. L. 87–456, title III, § 301(a), May 24, 1962, ment or agency’’ in proviso. 76 Stat. 75. See General Headnote 3(a) under section 1202 of Title 19, Customs Duties. EFFECTIVE DATE OF 1968 AMENDMENT

AMENDMENTS Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant 1954—Act Sept. 1, 1954, subjected Guam to the general Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all provision for importations from insular possessions other amendments unless otherwise provided effective contained in section 1301a of title 19. Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1213, title VI, § 601, 68 Stat. 1141, EX. ORD. NO. 10178. RESERVATION OF PROPERTY IN GUAM provided that: ‘‘Titles II, III, IV, and VI of this Act [en- FOR USE OF UNITED STATES acting section 1301a of Title 19, Customs Duties, amend- Ex. Ord. No. 10178, eff. Oct. 30, 1950, 15 F.R. 7313, pro- ing sections 1421e and 1644 of this title and sections 160, vided: 161, 1001, and 1201 of Title 19] shall be effective on and NOW, THEREFORE, by virtue of the authority vested after the thirtieth day following the date of the enact- in me by the said section 28 of the Organic Act of Guam ment of this Act [Sept. 1, 1954]’’. [this section] and as President of the United States, it is ordered as follows: § 1421f. Title to property transferred 1. The following-described real and personal property (a) Property employed by naval government of of the United States in Guam is hereby reserved to the United States and placed under the control and juris- Guam diction of the Secretary of the Navy: Provided, That the The title to all property, real and personal, Secretary of the Navy shall transfer such portions of owned by the United States and employed by the such property to the Department of the Army, the De- naval government of Guam in the administra- partment of the Air Force, and the Coast Guard as may tion of the civil affairs of the inhabitants of be required for their respective purposes: Guam, including automotive and other equip- (a) All of that real property in Guam situated within the perimeter areas defined in the following-designated ment, tools and machinery, water and sewerage condemnation proceedings in the Superior Court of facilities, bus lines and other utilities, hospitals, Guam, being the same property quitclaimed by the schools, and other buildings, shall be transferred Naval Government of Guam to the United States of to the government of Guam within ninety days America by deed dated July 31, 1950, and filed for record after August 1, 1950. with the Land Registrar of Guam on August 4, 1950 (Presentation No. 22063): (b) Other property not reserved All other property, real and personal, owned Condemna- tion pro- Perimeter by the United States in Guam, not reserved by ceedings area Facility the President of the United States within ninety Civil No. days after August 1, 1950, is placed under the Acres 2–48 4,566.757 . 5–48 9.372 Mt. Santa Rosa Water Reservoir and 1 See References in Text note below. Supply Lines. Page 97 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421g

Condemna- States in Guam, except that which is transferred to the tion pro- Perimeter Facility government of Guam by or pursuant to section 28 (a) of ceedings area the Organic Act of Guam, which on the date of this Civil No. order is in the custody or control of the Department of Acres the Army, the Department of the Navy, the Depart- 6–48 5.990 Mt. Santa Rosa-Marbo Water Lines. ment of the Air Force, the Coast Guard, or any other 7–48 5.990 Tumon Maui Well Site. department or agency of the United States; and all 2–49 4,803.000 Naval Ammunition Depot. 3–49 44.651 Primary Transmission Line. such personal property shall remain in the custody and 4–49 12.169 Mt. Santa Rosa-Marbo Water Line control of the department or agency having custody Easement. and control thereof on the date of this order. 5–49 6,332.000 Apra Harbor Reservation. 2–50 6.450 Aceorp Tunnel. HARRY S TRUMAN. 3–50 35.391 Camp Dealy. 4–50 0.637 Tumon Bay Recreation Area Utility Lines. § 1421f–1. Acknowledgment of deeds 5–50 24.914 Agana Springs. 6–50 41.360 Asan Point Tank Farm. Deeds and other instruments affecting land 7–50 85.032 Asan Point Housing. 8–50 137.393 Medical Center. situate in the District of Columbia or any Terri- 9–50 45.630 Agafo Gumas. tory of the United States may be acknowledged 10–50 4,798.682 Naval Communication Station. 11–50 11.726 Nimitz Beach. in the islands of Guam and Samoa or in the 12–50 800.443 Command Center. Canal Zone before any notary public or judge ap- 13–50 4,901.100 Tarague Natural Wells. 14–50 5.945 Agana Diesel Electric Generating pointed therein by proper authority, or by any plant. officer therein who has ex officio the powers of 15–50 23.708 Mt. Santa Rosa Haul Road, Water Res- Provided ervoir and Supply Lines, VHF Relay a notary public: , That the certificate Station, Mt. Santa Rosa-Marbo by such notary in Guam, Samoa, or the Canal Water Line. 16–50 4,562.107 Northwest Air Force Base. Zone, as the case may be, shall be accompanied 18–50 60.480 Marbo Base Command Area—Sewage by the certificate of the governor or acting gov- Disposal. 19–50 21.695 Loran Station, Cocos Island. ernor of such place to the effect that the notary 20–50 15.322 Av-Gas Tank Farm 1B12. taking said acknowledgment was in fact the of- 21–50 1,820.148 Proposed Boundary of NAS Agana, Housing Area 1B7. ficer he purported to be; and any deeds or other 22–50 37.519 C. A. A. Site (Area 1B90.) instruments affecting lands so situate, so ac- 23–50 3.575 Tumon Maui Well (Water Tunnel). 24–50 49.277 Tumon Bay Recreation Area (Road knowledged since the first day of January, 1905, and AV-Gas Fuel Line Parcel 1B1. and accompanied by such certificate shall have 25–50 0.208 Utility Easement from Rt. 1B1 to Rt. 1B6 Coontz Junction). the same effect as such deeds or other instru- 26–50 65.300 Tumon Bay Recreation Area (Area ments hereafter so acknowledged and certified. 1B78). 27–50 2,497.400 Marbo Base Command. (June 28, 1906, ch. 3585, 34 Stat. 552.) 28–50 0.918 Mt. Tenjo VHF Station Site. 29–50 285.237 Sasa Valley Tank Farm (Area 1B78). REFERENCES IN TEXT 30–50 17.793 Sub Transmission System Piti Steam Plant to Command Center. For definition of Canal Zone, referred to in text, see 31–50 28.888 Route 1B1 (Marine Drive) (Portion). 32–50 94.000 Sub Transmission System (34 KV section 3602(b) of Title 22, Foreign Relations and Inter- Line) Piti Steam Plant to Agana course. Diesel Plant and POL System Sasa Valley Tank Farm to NAS Agana. CODIFICATION 33–50 953.000 Harmon Air Force Base. 34–50 2,922.000 Radio Barrigada. Section was not enacted as part of the Organic Act of 35–50 25.000 AACS Radio Range (Area 1B30). 36–50 37.000 Water Line Apra Heights Reservoir to Guam which comprises this chapter. Fena Pump Station and Av-Gas Fuel Section is also classified to section 1663 of this title. System. Section was formerly classified to sections 1358 and 37–50 2,185.000 Fena River Reservoir. 1432 of this title. (b) The road system and utilities systems described in the said deed between the Naval Government of Guam § 1421g. Establishment and maintenance of pub- and the United States of America dated July 31, 1950. lic bodies and offices (c) The following-described areas: Mount Lam Lam (a) Public health services Light; Rear Range Light; Mount Aluton Light; Area Number 35 Culverts; Mount Santa Rosa Light; 36 acres Subject to the laws of Guam, the Governor of Camp Witek; Adelup Reservoir; Tripartite Seis- shall establish, maintain, and operate public- mograph Station Site, Land Unit M, Section 2, Land health services in Guam, including hospitals, Square 20; the Power Sub-station located on Lot 266, dispensaries, and quarantine stations, at such Municipality of Agat adjacent to Erskine Drive, City of places in Guam as may be necessary, and he Agat. (d) Lots 2285–5 and 2306–1 in Barrigada. shall promulgate quarantine and sanitary regu- (e) All personal property relating to or used in con- lations for the protection of Guam against the nection with any of the above-described real property. importation and spread of disease. 2. The following-described real property of the United (b) Public educational system States in Guam is hereby reserved to the United States and transferred to the administrative supervision of The Government of Guam shall provide an the Secretary of the Interior, and shall be available for adequate public educational system of Guam, disposition by the Secretary of the Interior in his dis- and to that end shall establish, maintain, and cretion under section 28(c) of the said Organic Act of operate public schools according to the laws of Guam [subsection (c) of this section]: Guam. All of those lands which have been selected by the Secretary of the Navy for transfer or sale pursuant to (c) Office of Public Prosecutor; Office of Public the act of November 15, 1945, 59 Stat. 584, to persons in Auditor replacement of lands acquired for military or naval The Government of Guam may by law estab- purposes in Guam, a list and description of such lands being on file in the Department of the Navy. lish an Office of Public Prosecutor and an Office 3. In addition to the personal property described in of Public Auditor. The Public Prosecutor and paragraph 1(e) hereof, there is hereby reserved to the Public Auditor may be removed as provided by United States all personal property of the United the laws of Guam. § 1421h TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 98

(d) Attorney General U.S.C. 1401 et seq., 3101 et seq.]. Beginning as (1) The Attorney General of Guam shall be the soon as the government of Guam enacts legisla- Chief Legal Officer of the Government of Guam. tion establishing a fiscal year commencing on At such time as the Office of the Attorney Gen- October 1 and ending on September 30, the Sec- eral of Guam shall next become vacant, the At- retary of the Treasury, prior to the commence- torney General of Guam shall be appointed by ment of any fiscal year, shall remit to the gov- the Governor of Guam with the advice and con- ernment of Guam the amount of duties, taxes, sent of the legislature, and shall serve at the and fees which the governor of Guam, with the pleasure of the Governor of Guam. concurrence of the government comptroller of (2) Instead of an appointed Attorney General, Guam, has estimated will be collected in or de- the legislature may, by law, provide for the elec- rived from Guam under this section during the tion of the Attorney General of Guam by the next fiscal year, except for those sums covered qualified voters of Guam in general elections directly upon collection into the treasury of after 1998 in which the Governor of Guam is Guam. The Secretary of the Treasury shall de- elected. The term of an elected Attorney Gen- duct from or add to the amounts so remitted the eral shall be 4 years. The Attorney General may difference between the amount of duties, taxes, be removed by the people of Guam according to and fees actually collected during the prior fis- the procedures specified in section 1422d of this cal year and the amount of such duties, taxes, title or may be removed for cause in accordance and fees as estimated and remitted at the begin- ning of that prior fiscal year, including any de- with procedures established by the legislature in ductions which may be required as a result of law. A vacancy in the office of an elected Attor- the operation of Public Law 94–395 (90 Stat. 1199) ney General shall be filled— (A) by appointment by the Governor of or Public Law 88–170, as amended (82 Stat. 863). Guam if such vacancy occurs less than 6 (Aug. 1, 1950, ch. 512, § 30, 64 Stat. 392; Pub. L. months before a general election for the Office 86–778, title I, § 103(u), Sept. 13, 1960, 74 Stat. 941; of Attorney General of Guam; or Pub. L. 95–348, § 1(c), Aug. 18, 1978, 92 Stat. 488; (B) by a special election held no sooner than Pub. L. 98–454, title VI, § 601(h), Oct. 5, 1984, 98 3 months after such vacancy occurs and no Stat. 1736; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 later than 6 months before a general election Stat. 2095.) for Attorney General of Guam, and by appoint- REFERENCES IN TEXT ment by the Governor of Guam pending a spe- The internal-revenue laws of the United States, re- cial election under this subparagraph. ferred to in text, are classified generally to Title 26, In- (Aug. 1, 1950, ch. 512, § 29, 64 Stat. 392; Pub. L. ternal Revenue Code. 99–396, §§ 5, 13, Aug. 27, 1986, 100 Stat. 839, 842; Public Law 94–395 (90 Stat. 1199), referred to in text, Pub. L. 105–291, § 2, Oct. 27, 1998, 112 Stat. 2785.) was enacted Sept. 3, 1976, and amended section 1423a of this title. AMENDMENTS Public Law 88–170, as amended (82 Stat. 863), referred to in text, is Pub. L. 88–170, Nov. 4, 1963, 77 Stat. 302, as 1998—Subsec. (d). Pub. L. 105–291 added subsec. (d). amended by Pub. L. 90–511, Sept. 24, 1968, 82 Stat. 863, 1986—Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted which is not classified to the Code. ‘‘according to the laws of Guam’’ for ‘‘at such places in Guam as may be necessary’’. AMENDMENTS Pub. L. 99–396, § 5, substituted ‘‘Government of 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue Guam’’ for ‘‘Governor’’. Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c). 1984—Pub. L. 98–454 inserted ‘‘(including, but not lim- § 1421h. Duties, taxes, and fees; proceeds col- ited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and mili- lected to constitute fund for benefit of Guam; tary employees of the United States, or their survivors, prerequisites, amount, etc., remitted prior to who are residents of, or who are domiciled in, Guam)’’ commencement of next fiscal year after ‘‘inhabitants of Guam’’ in first sentence. 1978—Pub. L. 95–348 inserted provisions relating to au- All customs duties and Federal income taxes thorization, amount, computation, etc., of remittance, derived from Guam, the proceeds of all taxes prior to commencement of any fiscal year, of duties, collected under the internal-revenue laws of the taxes, and fees to be collected in or derived from Guam United States on articles produced in Guam and under this section during that next fiscal year. transported to the United States, its Territories, 1960—Pub. L. 86–778 inserted clause providing that or possessions, or consumed in Guam, and the nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of title 26. proceeds of any other taxes which may be levied by the Congress on the inhabitants of Guam (in- § 1421i. Income tax cluding, but not limited to, compensation paid (a) Applicability of Federal laws; separate tax to members of the Armed Forces and pensions paid to retired civilians and military employees The income-tax laws in force in the United of the United States, or their survivors, who are States of America and those which may here- residents of, or who are domiciled in, Guam), after be enacted shall be held to be likewise in and all quarantine, passport, immigration, and force in Guam: Provided, That notwithstanding naturalization fees collected in Guam shall be any other provision of law, the Legislature of covered into the treasury of Guam and held in Guam may levy a separate tax on all taxpayers account for the government of Guam, and shall in an amount not to exceed 10 per centum of be expended for the benefit and government of their annual income tax obligation to the Gov- Guam in accordance with the annual budgets; ernment of Guam. except that nothing in this chapter shall be con- (b) Guam Territorial income tax strued to apply to any tax imposed by chapter 2 The income-tax laws in force in Guam pursu- or 21 of the Internal Revenue Code of 1986 [26 ant to subsection (a) of this section shall be Page 99 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421i deemed to impose a separate Territorial income to determine the rate of tax on any item of in- tax, payable to the government of Guam, which come received from a Guam payor if, for any tax is designated the ‘‘Guam Territorial income taxable year, the taxes of the Guam payor were tax’’. rebated under Guam law. For purposes of this (c) Enforcement of tax subsection, the term ‘‘Guam payor’’ means the The administration and enforcement of the person from whom the item of income would be Guam Territorial income tax shall be performed deemed to be received for purposes of claiming by or under the supervision of the Governor. treaty benefits were Guam treated as part of the Any function needful to the administration and United States. enforcement of the income-tax laws in force in (e) Substitution of terms Guam pursuant to subsection (a) of this section In applying as the Guam Territorial income shall be performed by any officer or employee of tax the income-tax laws in force in Guam pursu- the government of Guam duly authorized by the ant to subsection (a) of this section, except Governor (either directly, or indirectly by one where it is manifestly otherwise required, the or more redelegations of authority) to perform applicable provisions of the Internal Revenue such function. Codes of 1986 and 1939, shall be read so as to sub- (d) ‘‘Income-tax laws’’ defined; administration stitute ‘‘Guam’’ for ‘‘United States’’, ‘‘Governor and enforcement; rules and regulations or his delegate’’ for ‘‘Secretary or his delegate’’, (1) The income-tax laws in force in Guam pur- ‘‘Governor or his delegate’’ for ‘‘Commissioner suant to subsection (a) of this section include of Internal Revenue’’ and ‘‘Collector of Internal but are not limited to the following provisions Revenue’’, ‘‘District Court of Guam’’ for ‘‘dis- of the Internal Revenue Code of 1986, where not trict court’’ and with other changes in nomen- manifestly inapplicable or incompatible with clature and other language, including the omis- the intent of this section: Subtitle A [26 U.S.C. sion of inapplicable language, where necessary 1 et seq.] (not including chapter 2 [26 U.S.C. 1401 to effect the intent of this section. et seq.] and section 931 [26 U.S.C. 931]); chapters (f) Criminal offenses; prosecution 24 and 25 of subtitle C [26 U.S.C. 3401 et seq. and Any act or failure to act with respect to the 3501 et seq.], with reference to the collection of Guam Territorial income tax which constitutes income tax at source on wages; and all provi- a criminal offense under chapter 75 of subtitle F sions of subtitle F [26 U.S.C. 6001 et seq.] which of the Internal Revenue Code of 1986 [26 U.S.C. apply to the income tax, including provisions as 7201 et seq.], or the corresponding provisions of to crimes, other offenses, and forfeitures con- the Internal Revenue Code of 1939, as included in tained in chapter 75 [26 U.S.C. 7201 et seq.]. For the income-tax laws in force in Guam pursuant the period after 1950 and prior to the effective to subsection (a) of this section, shall be an of- date of the repeal of any provision of the Inter- fense against the government of Guam and may nal Revenue Code of 1939 which corresponds to be prosecuted in the name of the government of one or more of those provisions of the Internal Guam by the appropriate officers thereof. Revenue Code of 1986 which are included in the income-tax laws in force in Guam pursuant to (g) Liens subsection (a) of this section, such income-tax The government of Guam shall have a lien laws include but are not limited to such provi- with respect to the Guam Territorial income tax sions of the Internal Revenue Code of 1939. in the same manner and with the same effect, (2) The Governor or his delegate shall have the and subject to the same conditions, as the same administrative and enforcement powers United States has a lien with respect to the and remedies with regard to the Guam Terri- United States income tax. Such lien in respect torial income tax as the Secretary of the Treas- of the Guam Territorial income tax shall be en- ury, and other United States officials of the ex- forceable in the name of and by the government ecutive branch, have with respect to the United of Guam. Where filing of a notice of lien is pre- States income tax. Needful rules and regulations scribed by the income-tax laws in force in Guam not inconsistent with the regulations prescribed pursuant to subsection (a) of this section, such under section 7654(e) of the Internal Revenue notice shall be filed in the Office of the Clerk of Code of 1986 [26 U.S.C. 7654(e)] for enforcement of the District Court of Guam. the Guam Territorial income tax shall be pre- scribed by the Governor. The Governor or his (h) Jurisdiction of District Court; suits for recov- delegate shall have authority to issue, from ery or collection of taxes; payment of judg- time to time, in whole or in part, the text of the ment income-tax laws in force in Guam pursuant to (1) Notwithstanding any provision of section subsection (a) of this section. 1424 of this title or any other provision of law to (3) In applying as the Guam Territorial income the contrary, the District Court of Guam shall tax the income-tax laws in force in Guam pursu- have exclusive original jurisdiction over all ju- ant to subsection (a) of this section, the rate of dicial proceedings in Guam, both criminal and tax under sections 871, 881, 884, 1441, 1442, 1443, civil, regardless of the degree of the offense or of 1445, and 1446 of the Internal Revenue Code of the amount involved, with respect to the Guam 1986 [26 U.S.C. 871, 881, 884, 1441, 1442, 1443, 1445, Territorial income tax. and 1446] on any item of income from sources (2) Suits for the recovery of any Guam Terri- within Guam shall be the same as the rate which torial income tax alleged to have been erro- would apply with respect to such item were neously or illegally assessed or collected, or of Guam treated as part of the United States for any penalty claimed to have been collected purposes of the treaty obligations of the United without authority, or of any sum alleged to have States. The preceding sentence shall not apply been excessive or in any manner wrongfully col- § 1421j TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 100 lected, under the income-tax laws in force in chapter 2 (§ 1401 et seq.) of subtitle A, chapters 24 (§ 3401 Guam, pursuant to subsection (a) of this section, et seq.) and 25 (§ 3501 et seq.) of subtitle C, subtitle F may, regardless of the amount of claim, be (§ 6001 et seq.) and chapter 75 (§ 7201 et seq.) of subtitle F, respectively, of Title 26. maintained against the government of Guam subject to the same statutory requirements as AMENDMENTS are applicable to suits for the recovery of such 2002—Subsec. (d)(3). Pub. L. 107–212 added par. (3). amounts maintained against the United States 1986—Subsecs. (d) to (f). Pub. L. 99–514 substituted in the United States district courts with respect ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue to the United States income tax. When any Code of 1954’’ wherever appearing. 1977—Subsec. (a). Pub. L. 95–134 inserted provision judgment against the government of Guam that the Legislature of Guam may levy a separate tax under this paragraph has become final, the Gov- on taxpayers in an amount not to exceed 10 per centum ernor shall order the payment of such judgments of their annual income tax obligation to the Govern- out of any unencumbered funds in the treasury ment of Guam. of Guam. 1972—Subsec. (d)(2). Pub. L. 92–606 substituted ‘‘Need- (3) Execution shall not issue against the Gov- ful rules and regulations not inconsistent with the reg- ulations prescribed under section 7654(e) of the Internal ernor or any officer or employee of the govern- Revenue Code of 1954’’ for ‘‘Needful rules and regula- ment of Guam on a final judgment in any pro- tions’’. ceeding against him for any acts or for the re- 1958—Subsec. (a). Pub. L. 85–688 designated existing covery of money exacted by or paid to him and provisions as subsec. (a). subsequently paid into the treasury of Guam, in Subsecs. (b) to (h). Pub. L. 85–688 added subsecs. (b) to performing his official duties under the income- (h). tax laws in force in Guam pursuant to sub- EFFECTIVE DATE OF 2002 AMENDMENT section (a) of this section, if the court certifies Pub. L. 107–212, § 2(b), Aug. 21, 2002, 116 Stat. 1051, pro- that— vided that: ‘‘The amendment made by subsection (a) (A) probable cause existed; or [amending this section] shall apply to amounts paid (B) such officer or employee acted under the after the date of the enactment of the Act [Aug. 21, directions of the Governor or his delegate. 2002].’’ When such certificate has been issued, the EFFECTIVE DATE OF 1972 AMENDMENT Governor shall order the payment of such judg- Amendment by Pub. L. 92–606 applicable with respect ment out of any unencumbered funds in the to taxable years beginning after Dec. 31, 1972, see sec- treasury of Guam. tion 2 of Pub. L. 92–606, set out in part as a note under section 931 of Title 26, Internal Revenue Code. (4) A civil action for the collection of the Guam Territorial income tax, together with EFFECTIVE DATE fines, penalties, and forfeitures, or for the recov- Section became effective Jan. 1, 1951, by provision of ery of any erroneous refund of such tax, may be Ex. Ord. No. 10211 eff. Feb. 6, 1951, 16 F.R. 1167.

brought in the name of and by the government AUTHORITY OF GUAM, , AND THE of Guam in the District Court of Guam or in any NORTHERN MARIANA ISLANDS TO ENACT REVENUE LAWS district court of the United States or in any See section 1271 of Pub. L. 99–514, set out as a note court having the jurisdiction of a district court under section 931 of Title 26, Internal Revenue Code. of the United States. (5) The jurisdiction conferred upon the Dis- RATIFICATION OF ASSESSMENTS AND COLLECTIONS MADE trict Court of Guam by this subsection shall not BEFORE AUGUST 20, 1958 be subject to transfer to any other court by the Pub. L. 85–688, § 2, Aug. 20, 1958, 72 Stat. 683, provided legislature, notwithstanding section 1424(a) of that income taxes assessed prior to Aug. 20, 1958, by the this title. authorities of the government of Guam pursuant to, or under color of, this section, the collection of such (Aug. 1, 1950, ch. 512, § 31, 64 Stat. 392; Pub. L. taxes, and all acts done to effectuate such assessment 85–688, § 1, Aug. 20, 1958, 72 Stat. 681; Pub. L. and collection were legalized, ratified and confirmed as 92–606, § 1(d), Oct. 31, 1972, 86 Stat. 1497; Pub. L. fully, to all intents and purposes, as if subsecs. (b) to (h) of this section, had then been in full force and ef- 95–134, title II, § 203(c), Oct. 15, 1977, 91 Stat. 1162; fect. Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 107–212, § 2(a), Aug. 21, 2002, 116 Stat. § 1421j. Authorization of appropriations 1051.) There are authorized to be appropriated annu- REFERENCES IN TEXT ally by the Congress of the United States such The Internal Revenue Code of 1986, referred to in sub- sums as may be necessary and appropriate to secs. (d) to (f), is classified generally to Title 26, Inter- carry out the provisions and purposes of this nal Revenue Code. chapter. The Internal Revenue Code of 1939, referred to in sub- (Aug. 1, 1950, ch. 512, § 32, 64 Stat. 392.) secs. (d)(1), (e), and (f), was generally repealed by sec- tion 7851 of the Internal Revenue Code of 1986, Title 26. ELIMINATION OF GENERAL FUND DEFICITS OF GUAM AND For table of comparisons of the 1939 Code to the 1986 VIRGIN ISLANDS Code, see Table I preceding section 1 of Title 26, Inter- For authorization of appropriations for assistance to nal Revenue Code. See also section 7852(b) of Title 26, the governments of Guam and the Virgin Islands in Internal Revenue Code, for provision that references in elimination of general fund deficits, see Pub. L. 96–597, any other law to a provision of the 1939 Code, unless ex- title VI, § 607, Dec. 24, 1980, 94 Stat. 3483, set out as a pressly incompatible with the intent thereof, shall be note under section 1641 of this title. deemed a reference to the corresponding provision of the 1986 Code. § 1421k. Designation of naval or military reserva- Subtitle A (not including chapter 2 and section 931) tions; closed port and chapters 24 and 25 of subtitle C, referred to in sub- sec. (d)(1), and subtitle F and chapter 75, referred to in Nothing contained in this chapter shall be subsecs. (d)(1) and (f), mean subtitle A (§ 1 et seq.), construed as limiting the authority of the Presi- Page 101 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421q dent to designate parts of Guam as naval or tection and reforestation, consistent with exist- military reservations, nor to restrict his author- ing laws, administered by the Secretary of Agri- ity to treat Guam as a closed port with respect culture, which are applicable to the continental to the vessels and aircraft of foreign nations. United States. The program authorized by this (Aug. 1, 1950, ch. 512, § 33, 64 Stat. 393.) section shall be developed in cooperation with the territorial government of Guam and shall be SUBMERGED LANDS, CONVEYANCE TO TERRITORY covered by a memorandum of understanding Conveyance of submerged lands to the government of agreed to by the territorial government and the Guam, see section 1701 et seq. of this title. Department. The Secretary may also utilize the agencies, facilities, and employees of the De- § 1421k–1. Repealed. Pub. L. 104–186, title II, partment, and may cooperate with other public § 224(2), Aug. 20, 1996, 110 Stat. 1752 agencies and with private organizations and in- dividuals in Guam and elsewhere. Section, act Aug. 1, 1950, ch. 512, § 35, as added May 27, 1975, Pub. L. 94–26, § 1, 89 Stat. 94, related to clerk hire (Pub. L. 93–421, § 1, Sept. 19, 1974, 88 Stat. 1154.) allowance and reimbursement for transportation ex- penses of the Delegate from Guam to the House of Rep- CODIFICATION resentatives. Section was not enacted as part of the Organic Act of Guam which comprises this chapter. § 1421l. Repealed. June 27, 1952, ch. 477, § 403(a)(42), 66 Stat. 280 § 1421p. Authorization of appropriations Section, act Oct. 14, 1940, ch. 876, § 206, as added Aug. There are hereby authorized to be appro- 1, 1950, ch. 512, § 4(a), 64 Stat. 384, granted United States priated such sums as may be necessary to carry citizenship to persons born or living on Guam on or out the purposes of section 1421o of this title. after Apr. 11, 1899. Sums appropriated in pursuance of sections 1421o and 1421p of this title may be allocated to § 1421m. Repealed. Pub. L. 91–513, title III, such agencies of the Department as are con- § 1101(a)(8), Oct. 27, 1970, 84 Stat. 1292 cerned with the administration of the program Section, act Aug. 1, 1956, ch. 852, § 15, 70 Stat. 910, pro- in Guam. hibited production, manufacture, compounding, posses- (Pub. L. 93–421, § 2, Sept. 19, 1974, 88 Stat. 1154.) sion, sale, dispensation, administration, or transpor- tation of marihuana in Guam. See section 801 et seq. of CODIFICATION Title 21, Food and Drugs. Section was not enacted as Section was not enacted as part of the Organic Act of part of the Organic Act of Guam which comprises this Guam which comprises this chapter. chapter.

EFFECTIVE DATE OF REPEAL § 1421q. Applicability of Federal laws Repeal effective on first day of seventh calendar The laws of the United States which are made month that begins after Oct. 26, 1970, see section 1105(a) applicable to the Northern Mariana Islands by of Pub. L. 91–513, set out as an Effective Date note the provisions of section 502(a)(1) of H.J. Res. under section 951 of Title 21, Food and Drugs. 549,1 as approved by the House of Representa- SAVINGS PROVISION tives and the Senate, except for section 228 of title II [42 U.S.C. 428] and title XVI of the Social Prosecutions for any violation of law occurring, and Security Act [42 U.S.C. 1381 et seq.] as it applies civil seizures or forfeitures and injunction proceedings commenced, prior to the effective date of repeal of this to the several States and the Micronesia Claims section by section 1101 of Pub. L. 91–513 not to be af- Act [50 U.S.C. App. 2018 et seq.] as it applies to fected or abated by reason thereof, see section 1103 of the Trust Territory of the Pacific Islands, shall Pub. L. 91–513, set out as a note under section 171 of be made applicable to Guam on the same terms Title 21, Food and Drugs. and conditions as such laws are applied to the Northern Mariana Islands. § 1421n. Applicability of Federal copyright laws (Pub. L. 94–255, § 2, Apr. 1, 1976, 90 Stat. 300.) The laws of the United States relating to copyrights, and to the enforcement of rights REFERENCES IN TEXT arising thereunder, shall have the same force Section 502(a)(1) of H.J. Res. 549, referred to in text, and effect in Guam as in the continental United probably means section 502(a)(1) of the Covenant to Es- States. tablish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of (Aug. 1, 1956, ch. 852, § 24, 70 Stat. 911.) America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. REFERENCES IN TEXT The Social Security Act, referred to in text, is act The laws of the United States relating to copyrights, Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title XVI referred to in text, are classified generally to Title 17, of the Social Security Act is classified generally to Copyrights. subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classi- CODIFICATION fication of this Act to the Code, see section 1305 of Title Section was not enacted as part of the Organic Act of 42 and Tables. Guam which comprises this chapter. The Micronesia Claims Act, referred to in text, prob- ably means the Micronesian Claims Act of 1971, Pub. L. § 1421o. Federal assistance for fire control, wa- 92–39, July 1, 1971, 85 Stat. 92, as amended, which was tershed protection, and reforestation classified generally to section 2018 et seq. of Title 50, Appendix, War and National Defense, and which was The Secretary of Agriculture is authorized to omitted from the Code as terminated Aug. 3, 1976. provide financial and technical assistance to Guam for improving fire control, watershed pro- 1 See References in Text note below. § 1421q–1 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 102

CODIFICATION the Micronesian Claims Act of 1971 (85 Stat. 96)) of the Covenant to Establish a Commonwealth of the North- Section was not enacted as part of the Organic Act of ern Mariana Islands in Political Union With the United Guam which comprises this chapter. States of America, approved by joint resolution ap- TERMINATION OF TRUST TERRITORY OF THE PACIFIC proved on March 24, 1976 (90 Stat. 263), and 502(a)(2) of ISLANDS said Covenant shall be applicable to the territories of Guam and the Virgin Islands on the same terms and For termination of Trust Territory of the Pacific Is- conditions as such laws are applied to the Common- lands, see note set out preceding section 1681 of this wealth of the Northern Mariana Islands.’’ title. EFFECTIVE DATE OF 1977 AMENDMENT § 1421q–1. Applicability of laws referred to in sec- Pub. L. 95–135, § 2, Oct. 15, 1977, 91 Stat. 1166, provided tion 502(a)(1) of Covenant to Establish a that: ‘‘This amendatory joint resolution [amending this Commonwealth of the Northern Mariana Is- section] shall be effective as of the approval of said Act lands entitled ‘To authorize certain appropriations for the territories of the United States, to amend certain Acts Effective on the date when section 502 of the relating thereto, and for other purposes’ (enrolled bill Covenant to Establish a Commonwealth of the H.R. 6550, Ninety-fifth Congress, first session) [Pub. L. Northern Mariana Islands in Political Union 95–134, approved Oct. 15, 1977].’’ With the United States of America, approved by § 1421r. Port of Guam Improvement Enterprise joint resolution approved on March 24, 1976 (90 Program Stat. 263) goes into force those laws which are referred to in section 502(a)(1) of said Covenant, (a) In general except for any laws administered by the Social The Secretary of Transportation, acting Security Administration, except for medicaid through the Administrator of the Maritime Ad- which is now administered by the Centers for ministration (in this section referred to as the Medicare & Medicaid Services, and except the ‘‘Administrator’’), may establish a Port of Guam Micronesian Claims Act of 1971 (85 Stat. 96) shall Improvement Enterprise Program (in this sec- be applicable to the territories of Guam and the tion referred to as the ‘‘Program’’) to provide Virgin Islands on the same terms and conditions for the planning, design, and construction of as such laws are applied to the Northern Mari- projects for the Port of Guam to improve facili- ana Islands. ties, relieve port congestion, and provide greater access to port facilities. (Pub. L. 95–134, title IV, § 403, Oct. 15, 1977, 91 (b) Authorities of the Administrator Stat. 1163; Pub. L. 95–135, § 1, Oct. 15, 1977, 91 Stat. 1166; Pub. L. 108–173, title IX, § 900(e)(7), In carrying out the Program, the Adminis- Dec. 8, 2003, 117 Stat. 2374.) trator may— (1) receive funds provided for the Program REFERENCES IN TEXT from Federal and non-Federal entities, includ- The Covenant to Establish a Commonwealth of the ing private entities; Northern Mariana Islands in Political Union With the (2) provide for coordination among appro- United States of America, referred to in text, is con- priate governmental agencies to expedite the tained in section 1 of Pub. L. 94–241, set out as a note review process under the National Environ- under section 1801 of this title. For Jan. 9, 1978, as the mental Policy Act of 1969 (42 U.S.C. 4321 et date section 502 of the Covenant came into force, see seq.) for projects carried out under the Pro- Proc. No. 4534, § 2, set out as a note under section 1801 gram; of this title. (3) provide for coordination among appro- The joint resolution approved on March 24, 1976, re- priate governmental agencies in connection ferred to in text, is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. with other reviews and requirements applica- 263, which is classified generally to subchapter I (§ 1801 et seq.) of chapter 17 of this title. For complete classi- ble to projects carried out under the Program; fication of this Act to the Code, see Tables. and The Micronesian Claims Act of 1971, referred to in (4) provide technical assistance to the Port text, is Pub. L. 92–39, July 1, 1971, 85 Stat. 92, which was Authority of Guam (and its agents) as needed classified generally to section 2018 et seq. of Title 50, for projects carried out under the Program. Appendix, War and National Defense, and which was (c) Port of Guam Improvement Enterprise Fund omitted from the Code as terminated Aug. 3, 1976. (1) Establishment CODIFICATION There is established in the Treasury of the Section is also classified to section 1574–1 of this United States a separate account to be known title. as the ‘‘Port of Guam Improvement Enterprise Section was not enacted as part of the Organic Act of Fund’’ (in this section referred to as the Guam which comprises this chapter. ‘‘Fund’’). Section was formerly set out as a note under section (2) Deposits 1681 of this title. There shall be deposited into the Fund— AMENDMENTS (A) amounts received by the Adminis- 2003—Pub. L. 108–173 substituted ‘‘Centers for Medi- trator from Federal and non-Federal sources care & Medicaid Services’’ for ‘‘Health Care Financing under subsection (b)(1); Administration’’. (B) amounts transferred to the Adminis- 1977—Pub. L. 95–135 amended section generally. Prior trator under subsection (d); and to amendment, section read as follows: ‘‘Effective on (C) amounts appropriated to carry out this October 15, 1977, those laws, except for any laws admin- section under subsection (f). istered by the Social Security Administration and ex- (3) Use of amounts cept for medicaid which is now administered by the Health Care Financing Administration, which are re- Amounts in the Fund shall be available to ferred to in section 502(a)(1) (except for the reference to the Administrator to carry out the Program. Page 103 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1422

(4) Administrative expenses ernor and Lieutenant Governor shall be chosen Not to exceed 3 percent of the amounts ap- jointly, by the casting by each voter of a single propriated to the Fund for a fiscal year may vote applicable to both offices. If no candidates be used for administrative expenses of the Ad- receive a majority of the votes cast in any elec- ministrator. tion, on the fourteenth day thereafter a runoff election shall be held between the candidates for (5) Availability of amounts Governor and Lieutenant Governor receiving Amounts in the Fund shall remain available the highest and second highest number of votes until expended. cast. The first election for Governor and Lieu- (d) Transfers of amounts tenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, Amounts appropriated or otherwise made the Governor and Lieutenant Governor shall be available for any fiscal year for an intermodal elected every four years at the general election. or marine facility comprising a component of The Governor and Lieutenant Governor shall the Program shall be transferred to and admin- hold office for a term of four years and until istered by the Administrator. their successors are elected and qualified. (e) Limitation No person who has been elected Governor for Nothing in this section shall be construed to two full successive terms shall again be eligible authorize amounts made available under section to hold that office until one full term has inter- 165 of title 23 or any other amounts made avail- vened. able for the construction of highways or The term of the elected Governor and Lieuten- amounts otherwise not eligible for making port ant Governor shall commence on the first Mon- improvements to be deposited into the Fund. day of January following the date of election. No person shall be eligible for election to the (f) Authorization of appropriations office of Governor or Lieutenant Governor un- There are authorized to be appropriated to the less he is an eligible voter and has been for five Fund such sums as may be necessary to carry consecutive years immediately preceding the out this section. election a citizen of the United States and a (Pub. L. 110–417, div. C, title XXXV, § 3512, Oct. bona fide resident of Guam and will be, at the 14, 2008, 122 Stat. 4770; Pub. L. 111–383, div. A, time of taking office, at least thirty years of title X, § 1075(e)(20), Jan. 7, 2011, 124 Stat. 4375; age. The Governor shall maintain his official Pub. L. 112–141, div. A, title I, § 1114(b)(2)(C), July residence in Guam during his incumbency. 6, 2012, 126 Stat. 468.) The Governor shall have general supervision and control of all the departments, bureaus, REFERENCES IN TEXT agencies, and other instrumentalities of the ex- The National Environmental Policy Act of 1969, re- ecutive branch of the government of Guam. He ferred to in subsec. (b)(2), is Pub. L. 91–190, Jan. 1, 1970, may grant pardons and reprieves and remit fines 83 Stat. 852, which is classified generally to chapter 55 and forfeitures for offenses against local laws. (§ 4321 et seq.) of Title 42, The Public Health and Wel- He may veto any legislation as provided in this fare. For complete classification of this Act to the chapter. He shall appoint, and may remove, all Code, see Short Title note set out under section 4321 of officers and employees of the executive branch Title 42 and Tables. of the government of Guam, except as otherwise CODIFICATION provided in this or any other Act of Congress, or Section was enacted as part of the Duncan Hunter under the laws of Guam, and shall commission National Defense Authorization Act for Fiscal Year all officers that he may be authorized to ap- 2009 and not as part of the Organic Act of Guam which point. He shall be responsible for the faithful comprises this chapter. execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever AMENDMENTS it becomes necessary, in case of disaster, inva- 2012—Subsec. (e). Pub. L. 112–141 substituted ‘‘section sion, insurrection, or rebellion, or imminent 165’’ for ‘‘section 215’’. danger thereof, or to prevent or suppress lawless 2011—Subsec. (f). Pub. L. 111–383 inserted period at violence, he may summon the posse comitatus end. or call out the militia or request assistance of EFFECTIVE DATE OF 2012 AMENDMENT the senior military or naval commander of the Amendment by Pub. L. 112–141 effective Oct. 1, 2012, Armed Forces of the United States in Guam, see section 3(a) of Pub. L. 112–141, set out as an Effec- which may be given at the discretion of such tive and Termination Dates of 2012 Amendment note commander if not disruptive of, or inconsistent under section 101 of Title 23, Highways. with, his Federal responsibilities. He may, in case of rebellion or invasion, or imminent dan- SUBCHAPTER II—THE EXECUTIVE BRANCH ger thereof, when the public safety requires it, § 1422. Governor and Lieutenant Governor; term proclaim the island, insofar as it is under the ju- of office; qualifications; powers and duties; risdiction of the government of Guam, to be annual report to Congress under martial law. The members of the legisla- ture shall meet forthwith on their own initia- The executive power of Guam shall be vested tive and may, by a two-thirds vote, revoke such in an executive officer whose official title shall proclamation. be the ‘‘Governor of Guam’’. The Governor of The Governor shall prepare, publish, and sub- Guam, together with the Lieutenant Governor, mit to the Congress and the Secretary of the In- shall be elected by a majority of the votes cast terior a comprehensive annual financial report by the people who are qualified to vote for the in conformance with the standards of the Na- members of the Legislature of Guam. The Gov- tional Council on Governmental Accounting § 1422a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 104 within one hundred and twenty days after the relating to the requirement that the Governor submit close of the fiscal year. The comprehensive an- a comprehensive annual financial report to Congress, nual financial report shall include statistical see section 3003 of Pub. L. 104–66, as amended, set out data as set forth in the standards of the Na- as a note under section 1113 of Title 31, Money and Fi- nance, and the 9th item on page 115 of House Document tional Council on Governmental Accounting re- No. 103–7. lating to the physical, economic, social, and po- litical characteristics of the government, and SUBMERGED LANDS, CONVEYANCE TO TERRITORY any other information required by the Congress. Conveyance of submerged lands to the government of The Governor shall also make such other reports Guam, see section 1701 et seq. of this title. at such other times as may be required by the Congress or under applicable Federal law. He § 1422a. Removal of Governor, Lieutenant Gov- shall have the power to issue executive orders ernor, or member of legislature; referendum and regulations not in conflict with any applica- election ble law. He may recommend bills to the legisla- (a) The people of Guam shall have the right of ture and give expression to his views on any initiative and referendum, to be exercised under matter before that body. conditions and procedures specified in the laws There is hereby established the office of Lieu- of Guam. tenant Governor of Guam. The Lieutenant Gov- (b) Any Governor, Lieutenant Governor, or ernor shall have such executive powers and per- member of the legislature of Guam may be re- form such duties as may be assigned to him by moved from office by a referendum election in the Governor or prescribed by this chapter or which at least two-thirds of the number of per- under the laws of Guam. sons voting for such official in the last preced- (Aug. 1, 1950, ch. 512, § 6, 64 Stat. 386; Pub. L. ing general election at which such official was 90–497, § 1, Sept. 11, 1968, 82 Stat. 842; Pub. L. elected vote in favor of recall and in which those 97–357, title I, § 104(a), Oct. 19, 1982, 96 Stat. 1705; so voting constitute a majority of all those par- Pub. L. 105–362, title IX, § 901(m), Nov. 10, 1998, ticipating in such referendum election. The ref- 112 Stat. 3290.) erendum election shall be initiated by the legis- lature of Guam following (a) a two-thirds vote of AMENDMENTS the members of the legislature in favor of a ref- 1998—Pub. L. 105–362, in sixth par., struck out ‘‘The erendum, or (b) petition for such a referendum Governor shall transmit the comprehensive annual fi- to the legislature by registered voters equal in nancial report to the Inspector General of the Depart- number to at least 50 per centum of the whole ment of the Interior who shall audit it and report his findings to the Congress.’’ after ‘‘other information re- number of votes cast at the last general election quired by the Congress.’’ and ‘‘He shall also submit to at which such official was elected preceding the the Congress, the Secretary of the Interior, and the filing of the petition. cognizant Federal auditors a written statement of ac- (Aug. 1, 1950, ch. 512, § 7, 64 Stat. 387; Pub. L. tions taken or contemplated on Federal audit recom- mendations within sixty days after the issuance date of 90–497, § 2, Sept. 11, 1968, 82 Stat. 844; Pub. L. the audit report.’’ after ‘‘under applicable Federal 97–357, title I, § 101, Oct. 19, 1982, 96 Stat. 1705.) law.’’ AMENDMENTS 1982—Pub. L. 97–357 substituted provisions relating to preparation, etc., of a comprehensive annual financial 1982—Subsec. (a). Pub. L. 97–357 added subsec. (a). report to be submitted to the Congress, the Secretary Subsec. (b). Pub. L. 97–357 redesignated existing pro- of the Interior, and the Inspector General of the De- visions as subsec. (b) and inserted provisions relating to partment of the Interior, preparation of other reports the removal of a Lieutenant Governor or member of the as required by Congress or applicable Federal law, and legislature of Guam. submittal of a written statement of actions taken or 1968—Pub. L. 90–497 substituted provisions for the re- contemplated on Federal audit recommendations for moval of the Governor of Guam through a referendum provisions relating to an annual report of transactions election for provisions for the appointment, tenure, of the Guam government to the Secretary of the Inte- powers, and duties of the Secretary of Guam. rior for transmittal to Congress and such other reports as required by Congress or applicable Federal law. EFFECTIVE DATE OF 1968 AMENDMENT 1968—Pub. L. 90–497 established office of Lieutenant Amendment by Pub. L. 90–497 necessary to authorize Governor of Guam, provided for popular election of the holding of an election for Governor and Lieutenant Governor and Lieutenant Governor, declared persons Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all elected for two full successive terms as Governor ineli- other amendments unless otherwise provided effective gible to serve again until the lapse of a full intervening Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as term, set out qualifications of eligibility for Governor a note under section 1422 of this title. and Lieutenant Governor, and restated powers and du- ties of office of Governor. § 1422b. Vacancy in office of Governor or Lieu- EFFECTIVE DATE OF 1968 AMENDMENT tenant Governor Pub. L. 90–497, § 13, Sept. 11, 1968, 82 Stat. 848, provided (a) Temporary disability or temporary absence of that: ‘‘Those provisions necessary to authorize the Governor holding of an election for Governor and Lieutenant Governor on November 3, 1970, shall be effective on Jan- In case of the temporary disability or tem- uary 1, 1970. All other provisions of this Act [see Short porary absence of the Governor, the Lieutenant Title of 1968 Amendment note set out under section 1421 Governor shall have the powers of the Governor. of this title], unless otherwise expressly provided here- (b) Permanent vacancy in office of Governor in, shall be effective January 4, 1971.’’ In case of a permanent vacancy in the office of TERMINATION OF REPORTING REQUIREMENTS Governor, arising by reason of the death, res- For termination, effective May 15, 2000, of provisions ignation, removal by recall, or permanent dis- in the 1st sentence of the 6th paragraph of this section ability of the Governor, or the death, resigna- Page 105 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1422c tion, or permanent disability of a Governor- Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all elect, or for any other reason, the Lieutenant other amendments unless otherwise provided effective Governor or Lieutenant Governor-elect shall be- Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as come the Governor, to hold office for the un- a note under section 1422 of this title. expired term and until he or his successor shall § 1422c. Executive agencies and instrumentalities have been duly elected and qualified at the next regular election for Governor. (a) Appointment of heads; establishment of merit (c) Temporary disability or temporary absence of system; Civil Service Commission Lieutenant Governor The Governor shall, except as otherwise pro- In case of the temporary disability or tem- vided in this chapter or the laws of Guam, ap- porary absence of the Lieutenant Governor, or point, by and with the advice and consent of the during any period when the Lieutenant Gov- legislature, all heads of executive agencies and ernor is acting as Governor, the speaker of the instrumentalities. The legislature shall estab- Guam Legislature shall act as Lieutenant Gov- lish a merit system and, as far as practicable, ernor. appointments and promotions shall be made in (d) Permanent vacancy in office of Lieutenant accordance with such merit system. The Gov- Governor ernment of Guam may by law establish a Civil Service Commission to administer the merit In case of a permanent vacancy in the office of system. Members of the commission may be re- Lieutenant Governor, arising by reason of the moved as provided by the laws of Guam. death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieu- (b) Powers and duties of officers tenant Governor or Lieutenant Governor-elect All officers shall have such powers and duties has succeeded to the office of Governor, the Gov- as may be conferred or imposed on them by law ernor shall appoint a new Lieutenant Governor, or by executive regulation of the Governor not with the advice and consent of the legislature, inconsistent with any law. to hold office for the unexpired term and until (c) Reorganization he or his successor shall have been duly elected and qualified at the next regular election for The Governor shall, from time to time, exam- Lieutenant Governor. ine the organization of the executive branch of (e) Temporary disability or temporary absence of the government of Guam, and shall determine both Governor and Lieutenant Governor and carry out such changes therein as are nec- essary to promote effective management and to In case of the temporary disability or tem- execute faithfully the purposes of this chapter porary absence of both the Governor and the and the laws of Guam. Lieutenant Governor, the powers of the Gov- ernor shall be exercised, as Acting Governor, by (d) Continuation in office of incumbents such person as the laws of Guam may prescribe. All persons holding office in Guam on August In case of a permanent vacancy in the offices of 1, 1950 may, except as otherwise provided in this both the Governor and Lieutenant Governor, the chapter, continue to hold their respective offices office of Governor shall be filled for the un- until their successors are appointed and quali- expired term in the manner prescribed by the fied. laws of Guam. (Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387; Pub. L. (f) Additional compensation 90–497, § 4, Sept. 11, 1968, 82 Stat. 845; Pub. L. No additional compensation shall be paid to 99–396, § 18(a), Aug. 27, 1986, 100 Stat. 843.) any person acting as Governor or Lieutenant Governor who does not also assume the office of AMENDMENTS Governor or Lieutenant Governor under the pro- 1986—Subsec. (a). Pub. L. 99–396 inserted provisions visions of this chapter. authorizing establishment of Civil Service Commission and removal of commission members as provided by (Aug. 1, 1950, ch. 512, § 8, 64 Stat. 387; Pub. L. laws of Guam. 87–419, § 1, Mar. 16, 1962, 76 Stat. 34; Pub. L. 1968—Subsec. (a). Pub. L. 90–497, § 4(a), struck out re- 90–497, § 3, Sept. 11, 1968, 82 Stat. 844.) quirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportu- AMENDMENTS nities for higher education and use of service training 1968—Pub. L. 90–497 designated existing provisions as facilities be provided to qualified persons of Guamanian subsec. (a), substituted provisions that the Lieutenant ancestry. Governor have the powers of the Governor in the event Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision of the temporary disability or temporary absence of the authorizing the Governor to appoint or remove any of- Governor for provisions authorizing the appointed de- ficer whose appointment or removal is not otherwise partment head to designate an acting Governor in the provided for. case of a vacancy or temporary absence of both the Governor and the Secretary of Guam, and added sub- EFFECTIVE DATE OF 1968 AMENDMENT secs. (b) to (f). Pub. L 90–497, § 4(a), Sept. 11, 1968, 82 Stat. 845, pro- 1962—Pub. L. 87–419 provided for appointment of an vided that the amendment made by such section 4(a) is acting secretary under certain conditions, prescribed effective on date of enactment of Pub. L. 90–497, which the powers of such secretary and proscribed additional was approved on Sept. 11, 1968. compensation for an acting Governor or acting sec- Amendment by Pub. L. 90–497 necessary to authorize retary. the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all EFFECTIVE DATE OF 1968 AMENDMENT other amendments unless otherwise provided effective Amendment by Pub. L. 90–497 necessary to authorize Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as the holding of an election for Governor and Lieutenant a note under section 1422 of this title. § 1422d TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 106

§ 1422d. Transfer of functions from government single house, to be designated the ‘‘Legislature comptroller for Guam to Inspector General, of Guam’’, herein referred to as the legislature. Department of the Interior (b) Size of legislature; prohibition against denial (a) Functions, powers, and duties transferred of equal protection; at large and district rep- The following functions, powers, and duties resentation heretofore vested in the government comptroller The legislature shall be composed of not to ex- for Guam are hereby transferred to the Inspec- ceed twenty-one members, to be known as sen- tor General, Department of the Interior, for the ators, elected at large, or elected from legisla- purpose of establishing an organization which tive districts or elected in part at large and in will maintain a satisfactory level of independent part from legislative districts, as the laws of audit oversight of the government of Guam: Guam may direct: Provided, That any districting (1) The authority to audit all accounts per- and any apportionment pursuant to this author- taining to the revenue and receipts of the gov- ization and provided for by the laws of Guam ernment of Guam, and of funds derived from shall not deny to any person in Guam the equal bond issues, and the authority to audit, in ac- protection of the laws: And provided further, cordance with law and administrative regula- That in any elections to the legislature, every tions, all expenditures of funds and property elector shall be permitted to vote for the whole pertaining to the government of Guam includ- number of at-large candidates to be elected, and ing those pertaining to trust funds held by the every elector residing in a legislative district government of Guam. shall be permitted to vote for the whole number (2) The authority to report to the Secretary of candidates to be elected within that district. of the Interior and the Governor of Guam all failures to collect amounts due the govern- (c) Reapportionment; Federal census base ment, and expenditures of funds or uses of Any districting and related apportionment property which are irregular or not pursuant pursuant to this section shall be based upon the to law. then most recent Federal population census of (b) Scope of authority transferred Guam, and any such districting and apportion- The authority granted in paragraph (a) of this ment shall be reexamined following each succes- section shall extend to all activities of the gov- sive Federal population census of Guam and ernment of Guam, and shall be in addition to shall be modified, if necessary, to be consistent the authority conferred upon the Inspector Gen- with that census. eral by the Inspector General Act of 1978 (92 (d) Timing of biennial elections Stat. 1101), as amended. General elections to the legislature shall be (c) Transfer of personnel, assets, etc., of office of held on the Tuesday next after the first Monday government comptroller for Guam to Office in November, biennially in even-numbered of Inspector General, Department of the Inte- years. The legislature in all respects shall be or- rior ganized and shall sit according to the laws of In order to carry out the provisions of this sec- Guam. tion, the personnel, assets, liabilities, contracts, (Aug. 1, 1950, ch. 512, § 10, 64 Stat. 387; Pub. L. property, records, and unexpended balances of 89–552, § 1, Sept. 2, 1966, 80 Stat. 375; Pub. L. appropriations, authorizations, allocations, and 98–213, § 5(b), Dec. 8, 1983, 97 Stat. 1460.) other funds employed, held, used, arising from, available or to be made available, of the office of AMENDMENTS the government comptroller for Guam related to 1983—Subsec. (c). Pub. L. 98–213 substituted ‘‘Any’’ for its audit function are hereby transferred to the ‘‘The laws of Guam shall not alter the manner in which Office of Inspector General, Department of the members of the legislature are to be elected as provided Interior. in subsection (b) of this section more often than at ten- year intervals: Provided, That any’’. (Aug. 1, 1950, ch. 512, § 9–A, as added Pub. L. 1966—Pub. L. 89–552 authorized election of senators in 97–357, title I, § 104(b), Oct. 19, 1982, 96 Stat. 1706.) whole or in part from legislative districts if the laws of REFERENCES IN TEXT Guam so directed, provided that the legislators be called senators, prohibited any districting or appor- The Inspector General Act of 1978, referred to in sub- tionment which denied equal protection of the laws to sec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as any person in Guam, required that electors be per- amended, which is set out in the Appendix to Title 5, mitted to vote for the whole number of candidates to be Government Organization and Employees. elected both within his district and at large, prohibited PRIOR PROVISIONS reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest A prior section 1422d, act Aug. 1, 1950, ch. 512, § 9–A, Federal census. as added Sept. 11, 1968, Pub. L. 90–497, § 5, 82 Stat. 845; amended Oct. 15, 1977, Pub. L. 95–134, title II, § 203(a), 91 AMENDMENT OF LAWS OF GUAM TO CONFORM TO Stat. 1161, related to the creation, auditing function, CHANGES MADE BY PUB. L. 89–552 and reporting duty of the office of a government comp- troller for Guam, prior to repeal by Pub. L. 97–357, Pub. L. 89–552, § 2, Sept. 2, 1966, 80 Stat. 376, provided § 104(b). that: ‘‘As soon as practicable after enactment of this Act [Sept. 2, 1966], and subject to the conditions and re- SUBCHAPTER III—THE LEGISLATURE quirements of section 10 of the Organic Act of Guam, as amended by section 1 hereof [this section], the laws of § 1423. Legislature of Guam Guam shall be amended to make provision for the man- (a) Unicameral nature; power ner of the election of members of the legislature. Until the laws of Guam shall make such provision the meth- The legislative power and authority of Guam od of electing the legislature shall remain as it is upon shall be vested in a legislature, consisting of a the date of enactment of this Act.’’ Page 107 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423a

§ 1423a. Power of legislature; limitation on in- section 2285 of title 12. At the request of the debtedness of Guam; bond issues; guarantees Board of Directors of the Guam Power Author- for purchase by Federal Financing Bank of ity for a second refinancing agreement and con- Guam Power Authority bonds or other obli- ditioned on the approval of the Government of gations; interest rates; default Guam pursuant to the law of Guam, and condi- tioned on the establishment of an independent The legislative power of Guam shall extend to rate-making authority by the Government of all rightful subjects of legislation not inconsist- Guam, the Secretary may guarantee for pur- ent with the provisions of this chapter and the chase by the Federal Financing Bank, on or be- laws of the United States applicable to Guam. fore December 31, 1984, according to an agree- Taxes and assessments on property, internal ment that shall provide for— revenues, sales, license fees, and royalties for (a) substantially equal semiannual install- franchises, privileges, and concessions may be ments of principal and interest; imposed for purposes of the government of (b) maturity of obligations no later than De- Guam as may be uniformly provided by the Leg- cember 31, 2004; islature of Guam, and when necessary to antici- (c) authority for the Secretary, should there pate taxes and revenues, bonds and other obliga- be a violation of a provision of this legislation, tions may be issued by the government of Guam: or covenants or stipulations contained in the Provided, however, That no public indebtedness refinancing document and after giving sixty of Guam shall be authorized or allowed in excess days notice of such violation to the Guam of 10 per centum of the aggregate tax valuation Power Authority and the Governor of Guam, of the property in Guam. Bonds or other obliga- to dismiss members of the Board of Directors tions of the government of Guam payable solely or the general manager of the Guam Power from revenues derived from any public improve- Authority, and (1) appoint in their place mem- ment or undertaking shall not be considered bers or a general manager who shall serve at public indebtedness of Guam within the meaning the pleasure of the Secretary, or (2) contract of this section. All bonds issued by the govern- for the management of the Guam Power Au- ment of Guam or by its authority shall be ex- thority; and empt, as to principal and interest, from taxation (d) an annual simple interest rate of seven by the Government of the United States or by per centum; and the government of Guam, or by any State or the Federal Financing Bank shall purchase such Territory or any political subdivision thereof, or Guam Power Authority obligations if such by the District of Columbia. The Secretary of Guam Power Authority obligations are issued to the Interior (hereafter in this section referred to refinance the principal amount scheduled to ma- as ‘‘Secretary’’) is authorized to guarantee for ture on December 31, 1990. Should such second purchase by the Federal Financing Bank bonds refinancing occur, (1) the independent rate-mak- or other obligations of the Guam Power Author- ing authority to be established by the Govern- ity maturing on or before December 31, 1978, ment of Guam, or in its absence, the Board of which shall be issued in order to refinance short- Directors of the Guam Power Authority, shall term notes due or existing on June 1, 1976 and establish rates sufficient to satisfy all financial other indebtedness not evidenced by bonds or obligations and future capital investment needs notes in an aggregate amount of not more than of the Guam Power Authority that shall be con- $36 million, and such bank, in addition to its sistent with generally accepted rate-making other powers, is authorized to purchase, receive practices of public utilities, and (2) the Govern- or otherwise acquire these same. The interest ment of Guam shall not modify the require- rate on obligations purchased by the Federal Fi- ments of such refinancing agreement without nancing Bank shall be not less than a rate deter- agreement of the Secretary. There are author- mined by the Secretary of the Treasury taking ized to be appropriated to the Secretary of the into consideration the current average market Interior for payment to the Federal Financing yield on outstanding marketable obligations of Bank such sums as are necessary to pay (1) the the United States of comparable maturities, ad- repurchase payment required under the fifth justed to the nearest one-eighth of 1 per centum, paragraph of the December 31, 1980, note from plus 1 per centum per annum. The Secretary, the Guam Power Authority to the Federal Fi- with the concurrence of the Secretary of the nancing Bank and any subsequent repurchase Treasury, may extend the guarantee provision payments required under the second refinancing of the previous sentence until December 31, 1980. agreement, and (2) the interest rate differential The Secretary, upon determining that the Guam between the seven per centum to be paid by the Power Authority is unable to refinance on rea- Guam Power Authority and the second refinanc- sonable terms the obligations purchased by the ing agreement and the interest rate that would Federal Financing Bank under the fifth sentence otherwise be determined in accordance with the of this section by December 31, 1980, may, with above cited section 2285 of title 12. Should the the concurrence of the Secretary of the Treas- Guam Power Authority fail to pay in full any in- ury, guarantee for purchase by the Federal Fi- stallment of interest or principal when due on nancing Bank; and such bank is authorized to the bonds or other obligations guaranteed under purchase, obligations of the Guam Power Au- this section, the Secretary of the Treasury, upon thority issued to refinance the principal amount notice from the Secretary shall deduct and pay of the obligations guaranteed under the fifth to the Federal Financing Bank or the Secretary, sentence of this section. The obligations that re- according to their respective interests, such un- finance such principal amount shall mature not paid amounts from sums collected and payable later than December 31, 1990, and shall bear in- pursuant to section 1421h of this title. Notwith- terest at a rate determined in accordance with standing any other provision of law, Acts mak- § 1423b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 108 ing appropriations may provide for the with- eleven of its members, and made presence of a quorum holding of any payments from the United States requisite to passage of a law. to the government of Guam which may be or EFFECTIVE DATE OF 1968 AMENDMENT may become due pursuant to any law and offset the amount of such withheld payments against Pub. L. 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846, pro- vided that the amendment made by that section is ef- any claim the United States may have against fective on date of enactment of Pub. L. 90–497, which the government of Guam or the Guam Power was approved Sept. 11, 1968. Authority pursuant to this guarantee. For the purpose of this chapter, under section 3713(a) of § 1423c. Privileges of members title 31 the term ‘‘person’’ includes the govern- (a) The members of the legislature shall, in all ment of Guam and the Guam Power Authority. cases except treason, felony, or breach of the The Secretary may place such stipulations as he peace, be privileged from arrest during their at- deems appropriate on the bonds or other obliga- tendance at the legislature and in going to and tions he guarantees. returning from the same. (Aug. 1, 1950, ch. 512, § 11, 64 Stat. 387; Pub. L. (b) No member of the legislature shall be held 94–395, Sept. 3, 1976, 90 Stat. 1199; Pub. L. 96–205, to answer before any tribunal other than the title III, § 303, Mar. 12, 1980, 94 Stat. 88; Pub. L. legislature itself for any speech or debate in the 98–454, title II, § 203, Oct. 5, 1984, 98 Stat. 1733; legislature. Pub. L. 105–291, § 4, Oct. 27, 1998, 112 Stat. 2786.) (Aug. 1, 1950, ch. 512, § 13, 64 Stat. 388.) CODIFICATION § 1423d. Oath of office ‘‘Section 3713(a) of title 31’’ substituted in text for ‘‘section 3466 of the Revised Statutes (31 U.S.C. 191)’’ on Every member of the legislature and all offi- authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. cers of the government of Guam shall take the 1067, the first section of which enacted Title 31, Money following oath or affirmation: and Finance. ‘‘I solemnly swear (or affirm) in the presence AMENDMENTS of Almighty God that I will well and faithfully 1998—Pub. L. 105–291 substituted ‘‘rightful subjects of support the Constitution of the United States, legislation’’ for ‘‘subjects of legislation of local applica- the laws of the United States applicable to tion’’ in first sentence. Guam and the laws of Guam, and that I will con- 1984—Pub. L. 98–454 inserted provisions relating to au- scientiously and impartially discharge my du- thority of Secretary to guarantee for purchase by the ties as a member of the Guam Legislature (or as Federal Financing Bank, obligations of the Guam an officer of the government of Guam).’’ Power Authority to be used for a second refinancing of the principal amount due to mature on December 31, (Aug. 1, 1950, ch. 512, § 14, 64 Stat. 388.) 1990. 1980—Pub. L. 96–205 substituted provisions relating to § 1423e. Prohibition against acceptance of salary guarantees by the Secretary of the purchase by the increases or newly created offices Federal Financing Bank of the refinancing obligations of the Guam Power Authority where such refinancing No member of the legislature shall, during the obligations remain outstanding by Dec. 31, 1980, for pro- term for which he was elected or during the year visions relating to payment of interest and default on following the expiration of such term, be ap- maturity of guaranteed bonds or other obligations is- pointed to any office which has been created, or sued prior to Dec. 31, 1980. the salary or emoluments of which have been in- 1976—Pub. L. 94–395 inserted provisions relating to au- creased during such term. thority of Secretary of the Interior to guarantee for purchase by the Federal Financing Bank bonds or other (Aug. 1, 1950, ch. 512, § 15, 64 Stat. 388.) obligations of the Guam Power Authority maturing on or before Dec. 31, 1978. § 1423f. Qualifications of members § 1423b. Selection and qualification of members; No person shall sit in the legislature who is officers; rules and regulations; quorum not a citizen of the United States, who has not attained the age of twenty-five years and who The legislature shall be the judge of the selec- has not been domiciled in Guam for at least five tion and qualification of its own members. It years immediately preceding the sitting of the shall choose from its members its own officers, legislature in which he seeks to qualify as a determine its rules and procedure, not inconsist- member, or who has been convicted of a felony ent with this chapter, and keep a journal. The or of a crime involving moral turpitude and has quorum of the legislature shall consist of a sim- not received a pardon restoring his civil rights. ple majority of its members. No bill shall be- come a law unless it shall have been passed at a (Aug. 1, 1950, ch. 512, § 16, 64 Stat. 388.) meeting, at which a quorum was present, by the § 1423g. Vacancies affirmative vote of a majority of the members present and voting, which vote shall be by yeas Vacancies occurring in the legislature shall be and nays. filled as the legislature shall provide, except (Aug. 1, 1950, ch. 512, § 12, 64 Stat. 388; Pub. L. that no person filling a vacancy shall hold office 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846; Pub. L. longer than for the remainder of the term for 105–291, § 3, Oct. 27, 1998, 112 Stat. 2785.) which his predecessor was elected.

AMENDMENTS (Aug. 1, 1950, ch. 512, § 17, 64 Stat. 388.) 1998—Pub. L. 105–291 substituted ‘‘a simple majority’’ § 1423h. Regular and special sessions for ‘‘eleven’’. 1968—Pub. L. 90–497 inserted a quorum requirement, Regular sessions of the legislature shall be provided that a quorum of the legislature consist of held annually, commencing on the second Mon- Page 109 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423l day in January (unless the legislature shall by 1968—Pub. L. 90–497, § 8(a), struck out President’s au- law fix a different date), and shall continue for thority to veto territorial legislation referred by the such term as the legislature may provide. The Governor after such legislation had been passed by the Governor may call special sessions of the legis- legislature over the Governor’s veto. Pub. L. 90–497, § 8(b), struck out provision that, if lature at any time when, in his opinion, the pub- Congress did not annul laws passed by the legislature lic interest may require it. No legislation shall and reported to Congress within one year of the date of be considered at any special session other than its receipt by Congress, such laws were deemed to have that specified in the call therefor or in any spe- been approved by Congress. cial message by the Governor to the legislature EFFECTIVE DATE OF 1968 AMENDMENT while in such session. All sessions of the legisla- ture shall be open to the public. Pub. L. 90–497, § 8(b), Sept. 11, 1968, 82 Stat. 847, pro- vided that the amendment made by that section is ef- (Aug. 1, 1950, ch. 512, § 18, 64 Stat. 388; Pub. L. fective on the date of enactment of Pub. L. 90–497, 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846.) which was approved Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize AMENDMENTS the holding of an election for Governor and Lieutenant 1968—Pub. L. 90–497 removed 60-day limitation on the Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all length of regular sessions and 14-day limitation on the other amendments unless otherwise provided effective length of special sessions of the legislature. Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. EFFECTIVE DATE OF 1968 AMENDMENT § 1423j. Authorization of appropriations Pub. L. 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846, pro- vided that the amendment made by that section is ef- (a) Appropriations, except as otherwise pro- fective on date of enactment of Pub. L. 90–497, which vided in this chapter, and except such appropria- was approved Sept. 11, 1968. tions as shall be made from time to time by the § 1423i. Approval of bills Congress of the United States, shall be made by the legislature. Every bill passed by the legislature shall, be- (b) If at the termination of any fiscal year the fore it becomes a law, be entered upon the jour- legislature shall have failed to pass appropria- nal and presented to the Governor. If he ap- tion bills providing for payments of the nec- proves it, he shall sign it, but if not he shall, ex- essary current expenses of the government and cept as hereinafter provided, return it, with his meeting its legal obligations for the ensuing fis- objections, to the legislature within ten days cal year, then the several sums appropriated in (Sundays excepted) after it shall have been pre- the last appropriation bills for the objects and sented to him. If he does not return it within purposes therein specified, so far as the same such period, it shall be a law in like manner as may be applicable, shall be deemed to be re- if he had signed it, unless the legislature by ad- appropriated, item by item. journment prevents its return, in which case it (c) All appropriations made prior to August 1, shall be a law if signed by the Governor within 1950 shall be available to the government of thirty days after it shall have been presented to Guam. him; otherwise it shall not be a law. When a bill (Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.) is returned by the Governor to the legislature with his objections, the legislature shall enter § 1423k. Right of petition his objections at large on its journal and, upon motion of a member of the legislature, proceed The legislature or any person or group of per- to reconsider the bill. If, after such reconsider- sons in Guam shall have the unrestricted right ation, two-thirds of all the members of the legis- of petition. It shall be the duty of all officers of lature pass the bill, it shall be a law. If any bill the government to receive and without delay to presented to the Governor contains several act upon or forward, as the case may require, items of appropriation of money, he may object any such petition. to one or more of such items, or any part or (Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.) parts, portion or portions thereof, while approv- l ing the other items, parts, or portions of the § 1423 . Omitted bill. In such a case he shall append to the bill at CODIFICATION the time of signing it, a statement of the items, Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 or parts or portions thereof, to which he objects, Stat. 1392, which authorized Territorial and local gov- and the items, or parts or portions thereof, so ernments of Guam to make purchases through General objected to shall not take effect. All laws en- Services Administration, was from the Department of acted by the legislature shall be reported by the the Interior and Related Agencies Appropriations Act, Governor to the head of the department or agen- 1992, and was not repeated in subsequent appropriation cy designated by the President under section acts. See section 1469e of this title. Similar provisions 1421a of this title. The Congress of the United were contained in the following prior appropriation acts: States reserves the power and authority to Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007. annul the same. Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932. Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716. (Aug. 1, 1950, ch. 512, § 19, 64 Stat. 389; Pub. L. Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. 90–497, § 8, Sept. 11, 1968, 82 Stat. 847; Pub. L. Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. 93–608, § 1(14), Jan. 2, 1975, 88 Stat. 1969.) 1329–213, 1329–231. Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. AMENDMENTS 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, 1975—Pub. L. 93–608 struck out requirement that re- § 101(h) [title I], 100 Stat. 3341–242, 3341–258. ports be transmitted to Congress by the Secretary con- Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. cerned. 1224, 1238. § 1424 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 110

Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 other causes in Guam, jurisdiction over which is Stat. 1837, 1851. not then vested by the legislature in another Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931. court or other courts established by it. In causes Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. brought in the district court solely on the basis Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. of this subsection, the district court shall be Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. considered a court established by the laws of Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. Guam for the purpose of determining the re- July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. quirements of indictment by grand jury or trial July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. by jury. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. (Aug. 1, 1950, ch. 512, § 22, 64 Stat. 389; Aug. 27, Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. 1954, ch. 1017, § 1, 68 Stat. 882; Pub. L. 85–444, §§ 1, Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. 2, June 4, 1958, 72 Stat. 178, 179; Pub. L. 95–598, Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. title III, § 335, Nov. 6, 1978, 92 Stat. 2680; Pub. L. July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. 98–454, title VIII, §§ 801, 803, title X, § 1001, Oct. 5, Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. 1984, 98 Stat. 1741, 1743, 1745; Pub. L. 108–378, July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. § 1(a), Oct. 30, 2004, 118 Stat. 2206.) June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. AMENDMENTS June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. 2004—Subsec. (a). Pub. L. 108–378 amended subsec. (a) July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. generally. Prior to amendment, subsec. (a) read as fol- July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. lows: ‘‘The judicial authority of Guam shall be vested Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. in a court of record established by Congress, designated Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. the ‘District Court of Guam,’ and such local court or May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. courts as may have been or shall hereafter be estab- June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. lished by the laws of Guam in conformity with section June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. 1424–1 of this title.’’ July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. 1984—Pub. L. 98–454 amended section generally, strik- June 13, 1956, ch. 380, title I, 70 Stat. 264. ing out language which directed that no provisions of June 16, 1955, ch. 147, title I, 69 Stat. 149. any rules which authorized or required trial by jury or July 1, 1954, ch. 446, title I, 68 Stat. 372. the prosecution of offenses by indictment by a grand July 31, 1953, ch. 298, title I, 67 Stat. 273. jury instead of by information be applicable to the Dis- July 9, 1952, ch. 597, title I, 66 Stat. 457. trict Court of Guam unless and until made so applica- Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. ble by laws enacted by the Legislature of Guam, re- pealed that portion of section 1 of act Aug. 27, 1954, Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694. which had inserted such language originally, repealed SUBCHAPTER IV—THE JUDICIARY section 335 of Pub. L. 95–598, which had amended this section, and transferred out of this section into sec- § 1424. District Court of Guam; local courts; juris- tions 1424–1 to 1424–4, with amendments, the remaining provisions formerly set out in this section relating to diction the creation, jurisdiction, and rules governing proce- (a) District Court of Guam; unified court system dure in the Guam judicial system. 1978—Subsec. (a). Pub. L. 95–598, § 335(a), inserted ‘‘and (1) The judicial authority of Guam shall be a bankruptcy court’’. vested in a court established by Congress des- Subsec. (b). Pub. L. 95–598, § 335(b), substituted ‘‘sec- ignated as the ‘‘District Court of Guam’’, and a tion 2075 of title 28, in cases under title 11,’’ for ‘‘sec- tion 53 of title 11, in bankruptcy cases;’’. judicial branch of Guam which branch shall con- 1958—Subsec. (a). Pub. L. 85–444 provided that the Dis- stitute a unified judicial system and include an trict Court of Guam shall have jurisdiction in all appellate court designated as the ‘‘Supreme causes arising under the Constitution, treaties, and Court of Guam’’, a trial court designated as the laws of the United States, regardless of the sum or ‘‘Superior Court of Guam’’, and such other lower value of the matter in controversy, and to insert the local courts as may have been or shall hereafter paragraph requiring appeals to the District Court to be heard and determined by an appellate division. be established by the laws of Guam. 1954—Subsec. (b). Act Aug. 27, 1954, inserted provi- (2) The may, by rules sions making it clear that trial by jury or the prosecu- of such court, create divisions of the Superior tion of offenses by indictment by a grand jury instead Court of Guam and other local courts of Guam. of by information shall not be required in the District (3) The courts of record for Guam shall be the Court of Guam until so required by laws enacted by the District Court of Guam, the Supreme Court of Legislature of Guam; and defining the terms ‘‘attorney Guam, the Superior Court of Guam (except the for the government’’, and ‘‘United States attorney’’, as used in the Federal Rules of Criminal Procedure, when Traffic and Small Claims divisions of the Supe- applicable to cases arising under the laws of Guam. rior Court of Guam) and any other local courts or divisions of local courts that the Supreme EFFECTIVE DATE OF 1984 AMENDMENT Court of Guam shall designate. Pub. L. 98–454, title X, § 1005, Oct. 5, 1984, 98 Stat. 1746, provided that: ‘‘Titles VII, VIII, IX, and X of this Act (b) Jurisdiction [enacting sections 1424–1 to 1424–4, 1493, and 1613a of The District Court of Guam shall have the ju- this title, repealing section 1400 of this title, amending risdiction of a district court of the United this section and sections 1424b, 1561, 1611, 1612, 1613, States, including, but not limited to, the diver- 1614, 1615, 1617, 1694, and 1821 to 1824 of this title, and en- sity jurisdiction provided for in section 1332 of acting provisions set out as notes under sections 1424b, 1612, and 1614 of this title and section 373 of Title 28, Ju- title 28, and that of a bankruptcy court of the diciary and Judicial Procedure] shall become effective United States. on the ninetieth day following their enactment [Oct. 5, (c) Original jurisdiction 1984].’’ In addition to the jurisdiction described in EFFECTIVE DATE OF 1978 AMENDMENT subsection (b) of this section, the District Court Amendment by section 335(b) of Pub. L. 95–598 effec- of Guam shall have original jurisdiction in all tive Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set Page 111 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1424–2 out as an Effective Date note preceding section 101 of (2) shall be the administrative head of, and Title 11, Bankruptcy. have general supervisory power over, all de- Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. partments, divisions, and other instrumental- 2682, which provided a prospective effective date for the ities of the judicial branch of Guam; and amendment of subsec. (a) by section 335(a) of Pub. L. 95–598, was repealed by section 1001 of Pub. L. 98–454. (3) may issue such administrative orders on behalf of the Supreme Court of Guam as nec- EFFECTIVE DATE OF 1954 AMENDMENT essary for the efficient administration of the Act Aug. 27, 1954, ch. 1017, § 2, 68 Stat. 883, provided judicial branch of Guam. that: ‘‘The amendment made by section 1 [amending (c) Orders of Chief Justice with respect to ap- this section] shall be deemed to be in effect as of Au- gust 1, 1950.’’ peals The Chief Justice of the Supreme Court of SEPARABILITY Guam, or a justice sitting in place of such Chief Act Aug. 27, 1954, ch. 1017, § 4, 68 Stat. 883, provided: Justice, may make any appropriate order with ‘‘If any particular provision of this Act [amending this respect to— section and enacting provisions set out as notes under this section], or the application thereof to any person (1) an appeal prior to the hearing and deter- or circumstances, is held invalid, the remainder of the mination of that appeal on the merits; or Act and the application of such provision to other per- (2) dismissal of an appeal for lack of jurisdic- sons or circumstances shall not be affected thereby.’’ tion or failure to take or prosecute the appeal in accordance with applicable laws or rules of NONREVERSAL OF CONVICTIONS PRIOR TO AUGUST 27, 1954 procedure. Act Aug. 27, 1954, ch. 1017, § 3, 68 Stat. 883, provided: (d) Other local courts ‘‘No conviction of a defendant in a criminal proceeding Except as granted to the Supreme Court of in the District Court of Guam heretofore had shall be Guam or otherwise provided by this chapter or reversed or set aside on the ground that the defendant any other Act of Congress, the Superior Court of was not indicted by a grand jury or tried by a petit Guam and all other local courts established by jury.’’ the laws of Guam shall have such original and § 1424–1. Jurisdiction and powers of local courts appellate jurisdiction over all causes in Guam as (a) Supreme Court of Guam the laws of Guam provide, except that such ju- risdiction shall be subject to the exclusive or The Supreme Court of Guam shall be the high- concurrent jurisdiction conferred on the District est court of the judicial branch of Guam (exclud- Court of Guam under section 1424 of this title. ing the District Court of Guam) and shall— (1) have original jurisdiction over proceed- (e) Qualifications and duties of justices and ings necessary to protect its appellate juris- judges diction and supervisory authority and such The qualifications and duties of the justices other original jurisdiction as the laws of and judges of the Supreme Court of Guam, the Guam may provide; Superior Court of Guam, and all other local (2) have jurisdiction to hear appeals over courts established by the laws of Guam shall be any cause in Guam decided by the Superior governed by the laws of Guam and the rules of Court of Guam or other courts established such courts. under the laws of Guam; (Aug. 1, 1950, ch. 512, § 22A, as added Pub. L. (3) have jurisdiction to issue all orders and 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1742; writs in aid of its appellate, supervisory, and amended Pub. L. 108–378, § 1(b), Oct. 30, 2004, 118 original jurisdiction, including those orders Stat. 2206.) necessary for the supervision of the judicial branch of Guam; AMENDMENTS (4) have supervisory jurisdiction over the 2004—Pub. L. 108–378 amended section generally, sub- Superior Court of Guam and all other courts of stituting provisions relating to Supreme Court of the judicial branch of Guam; Guam and other courts for provisions consisting of sub- (5) hear and determine appeals by a panel of secs. (a) to (c) relating to composition of local courts three of the justices of the Supreme Court of and establishment of appellate court, jurisdiction of Guam and a concurrence of two such justices courts, and practice and procedure in local courts and shall be necessary to a decision of the Su- qualifications and duties of judges. preme Court of Guam on the merits of an ap- EFFECTIVE DATE peal; Section effective on ninetieth day following Oct. 5, (6) make and promulgate rules governing the 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- administration of the judiciary and the prac- fective Date of 1984 Amendment note under section 1424 tice and procedure in the courts of the judicial of this title. branch of Guam, including procedures for the determination of an appeal en banc; and § 1424–2. Relations between courts of United (7) govern attorney and judicial ethics and States and courts of Guam the practice of law in Guam, including admis- The relations between the courts established sion to practice law and the conduct and dis- by the Constitution or laws of the United States cipline of persons admitted to practice law. and the local courts of Guam with respect to ap- (b) Chief Justice of Supreme Court of Guam peals, certiorari, removal of causes, the issuance The Chief Justice of the Supreme Court of of writs of habeas corpus, and other matters or Guam— proceedings shall be governed by the laws of the (1) shall preside over the Supreme Court un- United States pertaining to the relations be- less disqualified or unable to act; tween the courts of the United States, including § 1424–3 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 112 the Supreme Court of the United States, and the late division and shall preside therein unless dis- courts of the several States in such matters and qualified or otherwise unable to act. The other proceedings. judges who are to sit in the appellate division of (Aug. 1, 1950, ch. 512, § 22B, as added Pub. L. any session shall be designated by the presiding 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1742; judge from among the judges who are serving amended Pub. L. 103–437, § 17(a)(1), Nov. 2, 1994, on, or are assigned to, the district court from 108 Stat. 4595; Pub. L. 108–378, § 2, Oct. 30, 2004, time to time pursuant to section 1424b of this Provided 118 Stat. 2208.) title: , That no more than one of them may be a judge of a court of record of Guam. AMENDMENTS The concurrence of two judges shall be nec- 2004—Pub. L. 108–378 struck out before period at end essary to any decision of the appellate division ‘‘: Provided, That for the first fifteen years following of the district court on the merits of an appeal, the establishment of the appellate court authorized by but the presiding judge alone may make any ap- section 1424–1(a) of this title, the United States Court propriate orders with respect to an appeal prior of Appeals for the Ninth Circuit shall have jurisdiction to the hearing and determination thereof on the to review by writ of certiorari all final decisions of the merits and may dismiss an appeal for want of ju- highest court of Guam from which a decision could be risdiction or failure to take or prosecute it in had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natu- accordance with the applicable law or rules of ral Resources of the Senate and the Committee on Nat- procedure. ural Resources of the House of Representatives at in- (c) United States Court of Appeals for Ninth Cir- tervals of five years following the establishment of cuit; jurisdiction; appeals; rules such appellate court as to whether it has developed suf- ficient institutional traditions to justify direct review The United States Court of Appeals for the by the Supreme Court of the United States from all Ninth Circuit shall have jurisdiction of appeals such final decisions. The United States Court of Ap- from all final decisions of the appellate division peals for the Ninth Circuit shall have jurisdiction to of the district court. The United States Court of promulgate rules necessary to carry out the provisions Appeals for the Ninth Circuit shall have juris- of this subsection’’. diction to promulgate rules necessary to carry 1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the out the provisions of this subsection. House’’. (d) Appeals to appellate court; effect on District Court EFFECTIVE DATE Upon the establishment of the appellate court Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- provided for in section 1424–1(a) of this title, fective Date of 1984 Amendment note under section 1424 which is known as the Supreme Court of Guam, of this title. all appeals from the decisions of the local courts not previously taken must be taken to such ap- § 1424–3. Appellate jurisdiction of District Court; pellate court. The establishment of that appel- procedure; review by United States Court of late court shall not result in the loss of jurisdic- Appeals for Ninth Circuit; rules; appeals to tion of the appellate division of the district appellate court court over any appeal then pending in it. The (a) Appellate jurisdiction of District Court rulings of the appellate division of the district court on such appeals may be reviewed in the Prior to the establishment of the appellate United States Court of Appeals for the Ninth court authorized by section 1424–1(a) of this Circuit and in the Supreme Court notwithstand- title, which is known as the Supreme Court of ing the establishment of the appellate court. Guam, the District Court of Guam shall have such appellate jurisdiction over the local courts (Aug. 1, 1950, ch. 512, § 22C, as added Pub. L. of Guam as the legislature may determine: Pro- 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1742; vided, That the legislature may not preclude the amended Pub. L. 108–378, § 1(c), Oct. 30, 2004, 118 review of any judgment or order which involves Stat. 2207.) the Constitution, treaties, or laws of the United AMENDMENTS States, including this chapter, or any authority exercised thereunder by an officer or agency of 2004—Subsec. (a). Pub. L. 108–378, § 1(c)(1), inserted the Government of the United States, or the ‘‘which is known as the Supreme Court of Guam,’’ after ‘‘appellate court authorized by section 1424–1(a) of this conformity of any law enacted by the legislature title,’’. of Guam or of any orders or regulations issued Subsec. (d). Pub. L. 108–378, § 1(c)(2), inserted ‘‘, which or actions taken by the executive branch of the is known as the Supreme Court of Guam,’’ after ‘‘appel- government of Guam with the Constitution, late court provided for in section 1424–1(a) of this title’’ treaties, or laws of the United States, including and substituted ‘‘taken to such appellate court’’ for this chapter, or any authority exercised there- ‘‘taken to the appellate court’’. under by an officer or agency of the United EFFECTIVE DATE States. Section effective on ninetieth day following Oct. 5, (b) Appellate division of District Court; quorum; 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- presiding judge; designation of judges; deci- fective Date of 1984 Amendment note under section 1424 sions of this title. Appeals to the District Court of Guam shall be § 1424–4. Criminal offenses; procedure; defini- heard and determined by an appellate division of tions the court consisting of three judges, of whom two shall constitute a quorum. The district Where appropriate, the provisions of part II of judge shall be the presiding judge of the appel- title 18 and of title 28, United States Code, and Page 113 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1424c notwithstanding the provision in rule 54(a) Fed- necessary for the proper dispatch of the business eral Rules of Criminal Procedure relating to the of the court. prosecution of criminal offenses on Guam by in- (b) The President shall appoint, by and with formation, the rules of practice and procedure the advice and consent of the Senate, a United heretofore or hereafter promulgated and made States attorney and United States marshal for effective by the Congress or the Supreme Court Guam to whose offices the provisions of chapters of the United States pursuant to titles 11, 18, 35 and 37 of title 28, respectively, shall apply. and 28, United States Code, shall apply to the (Aug. 1, 1950, ch. 512, § 24, 64 Stat. 390; Oct. 31, District Court of Guam and appeals therefrom; 1951, ch. 655, § 55(a), 65 Stat. 728; Pub. L. 85–444, except that the terms, ‘‘Attorney for the govern- § 3, June 4, 1958, 72 Stat. 179; Pub. L. 98–454, title ment’’ and ‘‘United States attorney’’, as used in VIII, § 802, Oct. 5, 1984, 98 Stat. 1743.) the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws AMENDMENTS of Guam, including the Guam Territorial income 1984—Subsec. (a). Pub. L. 98–454, § 802(a)–(c), sub- tax, mean the Attorney General of Guam or stituted ‘‘for the term of ten years’’ for ‘‘for a term of such other person or persons as may be author- eight years’’ in first par., and, in second par., sub- ized by the laws of Guam to act therein. stituted ‘‘a local court of record’’ for ‘‘the Island Court of Guam’’ and inserted ‘‘or a recalled senior judge of (Aug. 1, 1950, ch. 512, § 22D, as added Pub. L. the District Court of Guam or of the District Court of 98–454, title VIII, § 801, Oct. 5, 1984, 98 Stat. 1743.) the Northern Mariana Islands’’ after ‘‘ninth circuit’’. Subsec. (b). Pub. L. 98–454, § 802(d), substituted ‘‘35’’ REFERENCES IN TEXT and ‘‘37’’ for ‘‘31’’ and ‘‘33’’ respectively. The Federal Rules of Criminal Procedure, referred to Subsec. (c). Pub. L. 98–454, § 802(e), struck out subsec. in text, are set out in the Appendix to Title 18, Crimes (c) which provided that chapters 43 and 49 of title 28 and Criminal Procedure. shall apply to the District Court of Guam. 1958—Subsec. (a). Pub. L. 85–444 increased the term of EFFECTIVE DATE office from four to eight years, substituted provisions Section effective on ninetieth day following Oct. 5, requiring the salary of the judge to be at the rate pre- 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- scribed for judges of the United States district courts fective Date of 1984 Amendment note under section 1424 for provisions which required the salary of the judge to of this title. be the same as salary of the Governor of Guam, and in- serted provisions permitting the Chief Judge of the § 1424a. Repealed. Oct. 31, 1951, ch. 655, § 56(e), 65 Ninth Circuit to make temporary assignments. Stat. 729 1951—Subsec. (a). Act Oct. 31, 1951, in second sentence, struck out ‘‘, and shall be entitled to the benefits of re- Section, act Aug. 1, 1950, ch. 512, § 23, 64 Stat. 390, re- tirement provided in section 373 of title 28’’. lated to appeals from the District Court of Guam to the Subsec. (c). Act Oct. 31, 1951, struck out references to United States Court of Appeals for the Ninth Circuit, chapters 21, 41, and 57 of title 28. and to the United States Supreme Court. See sections 41, 1252, 1291, 1292, and 1294 of Title 28, Judiciary and Ju- EFFECTIVE DATE OF 1984 AMENDMENT dicial Procedure. Amendments by Pub. L. 98–454 effective on ninetieth SAVINGS PROVISION day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title. Act Oct. 31, 1951, ch. 655, § 56(l), 65 Stat. 730, provided that the repeal by section 56 of act Oct. 31, 1951, shall TERMINATION OF TRUST TERRITORY OF THE PACIFIC not affect any rights or liabilities existing hereunder ISLANDS on the effective date of that repeal (Oct. 31, 1951). For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this § 1424b. Judge of District Court; appointment, title. tenure, removal, and compensation; appoint- ment of United States attorney and marshal EXTENSION OF TERM OF DISTRICT JUDGES; APPLICABILITY; EFFECTIVE DATE (a) The President shall, by and with the advice Pub. L. 98–454, title X, § 1004, Oct. 5, 1984, 98 Stat. 1746, and consent of the Senate, appoint a judge for provided that: ‘‘The provisions of sections 706(a), 802(a), the District Court of Guam who shall hold office and 901(a) of this Act [amending sections 1614, 1424b, for the term of ten years and until his successor and 1821, respectively, of this title] extending the terms is chosen and qualified unless sooner removed by of district court judges of the Virgin Islands, Guam, the President for cause. The judge shall receive and the Northern Mariana Islands, respectively, from a salary payable by the United States which eight to ten years shall be applicable to the judges of shall be at the rate prescribed for judges of the those courts holding office on the effective date of this United States district courts. Act [Oct. 5, 1984].’’ The Chief Judge of the Ninth Judicial Circuit § 1424c. Review of claims respecting land on of the United States may assign a judge of a Guam local court of record or a judge of the High Court of the Trust Territory of the Pacific Is- (a) Jurisdiction lands or a circuit or district judge of the ninth Notwithstanding any law or court decision to circuit or a recalled senior judge of the District the contrary, the District Court of Guam is Court of Guam or of the District Court for the hereby granted authority and jurisdiction to re- Northern Mariana Islands, or the Chief Justice view claims of persons, their heirs or legatees, of the United States may assign any other from whom interests in land on Guam were ac- United States circuit or district judge with the quired other than through judicial condemna- consent of the judge so assigned and of the chief tion proceedings, in which the issue of com- judge of his circuit, to serve temporarily as a pensation was adjudicated in a contested trial in judge in the District Court of Guam whenever it the District Court of Guam, by the United is made to appear that such an assignment is States between July 21, 1944, and August 23, 1963, § 1425 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 114 and to award fair compensation in those cases TREATMENT OF CERTAIN AWARDS BY DISTRICT COURT where it is determined that less than fair mar- OF GUAM ket value was paid as a result of (1) duress, un- Pub. L. 100–647, title VI, § 6140, Nov. 10, 1988, 102 Stat. fair influence, or other unconscionable actions, 3724, provided that: ‘‘For purposes of the internal reve- or (2) unfair, unjust, and inequitable actions of nue laws of the United States and Guam, gross income the United States. shall not include any amount received pursuant to any claim over which the District Court of Guam has juris- (b) Acquisitions effected through condemnation diction by reason of section 204 of Public Law 95–134 proceedings [this section] (commonly referred to as the Omnibus Land acquisitions effected through judicial Territories Act of 1977). This section shall be effective condemnation proceedings in which the issue of for taxable years beginning after December 31, 1985.’’ compensation was adjudicated in a contested COMMENCEMENT OF CIVIL ACTIONS BEFORE trial in the District Court of Guam, shall remain APRIL 1, 1982 res judicata and shall not be subject to review hereunder. Pub. L. 96–205, title III, § 301(b), Mar. 12, 1980, 94 Stat. 87, provided that: ‘‘Any civil action under section 204 of (c) Fair compensation the Omnibus Territories Act of 1977 (91 Stat. 1162) [this Fair compensation for purposes of this Act is section] shall be barred unless it is commenced not defined as such additional amounts as are nec- later than April 1, 1982.’’ essary to effect payment of fair market value at SUBCHAPTER V—PUBLIC HOUSING AND the time of acquisition, if it is determined that, URBAN RENEWAL as a result of duress, unfair influence, or other unconscionable actions, fair market value was § 1425. Omitted not paid. (d) Employment of special masters or judges CODIFICATION The District Court of Guam may employ and Section, act June 27, 1934, ch. 847, § 214, as added Apr. utilize the services of such special masters or 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Guam. See judges as are necessary to carry out the intent section 1715d of Title 12, Banks and Banking. and purposes hereof. (e) Awards § 1425a. Legislative authority to create authori- Awards made hereunder shall be judgments ties; appointment of members; powers of au- against the United States. thorities (f) Limitation on attorney’s fees; violation; pen- The Legislature of Guam may by law grant to alty a public corporate authority, existing or to be Attorney’s fees paid by claimants to counsel created by or under such law, powers to under- representing them may not exceed 5 per centum take urban renewal and housing activities in of any additional award. Any agreement to the Guam. Such legislature may by law provide for contrary shall be unlawful and void. Whoever, in the appointment, terms of office, or removal of the United States or elsewhere, demands or re- the members of such authority and for the pow- ceives any remuneration in excess of the maxi- ers of such authority, including authority to ac- mum permitted by this section shall be guilty of cept whatever benefits the Federal Government a misdemeanor and, upon conviction thereof, may make available, and to do all things, to ex- shall be fined not more than $5,000 or imprisoned ercise any and all powers, and to assume and ful- not more than twelve months, or both. A reason- fill any and all obligations, duties, responsibil- able attorney’s fee may be awarded in appro- ities, and requirements, including but not lim- priate cases. ited to those relating to planning or zoning, nec- essary or desirable for receiving such Federal as- (g) Availability of documents, records, and writ- sistance, except that such authority shall not be ings to court given any power of taxation, nor any power to All agencies and departments of the United pledge the faith and credit of the territory of States Government shall, upon request, deliver Guam for any loan whatever. to the court any documents, records, and writ- ings which are pertinent to any claim under re- (Pub. L. 88–171, § 1, Nov. 4, 1963, 77 Stat. 304.) view. CODIFICATION (Pub. L. 95–134, title II, § 204, Oct. 15, 1977, 91 Section was not enacted as part of the Organic Act of Stat. 1162; Pub. L. 96–205, title III, § 301(a), Mar. Guam which comprises this chapter. 12, 1980, 94 Stat. 87.) § 1425b. Issuance of notes, bonds, and obligations REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 95–134, The Legislature of Guam may by law author- Oct. 15, 1977, 91 Stat. 1159, as amended, popularly known ize such authority, any provision of the Organic as the Omnibus Territories Act of 1977. For complete Act of Guam [48 U.S.C. 1421 et seq.], or any other classification of this Act to the Code, see Tables. Act of Congress to the contrary notwithstand- CODIFICATION ing, to borrow money and to issue notes, bonds, and other obligations of such character and ma- Section was not enacted as part of the Organic Act of turity, with such security, and in such manner Guam which comprises this chapter. as the legislature may provide. Such notes, AMENDMENTS bonds, and other obligations shall not be a debt 1980—Subsec. (c). Pub. L. 96–205 struck out provisions of the United States, or of Guam other than prohibiting allowance of interest on additional such authority, nor constitute a debt, indebted- amounts of award. ness, or the borrowing of money within the Page 115 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1428b meaning of any limitation or restriction on the thorized to be appropriated to the Secretary of issuance of notes, bonds, or other obligations the Interior to be paid to the government of contained in any laws of the United States ap- Guam for the purposes of this subchapter the plicable to Guam or to any agency thereof. sum of $5,000,000. (b) In addition to the appropriations author- (Pub. L. 88–171, § 2, Nov. 4, 1963, 77 Stat. 304.) ized in subsection (a) of this section, $1,000,000 is REFERENCES IN TEXT authorized to be appropriated to the Secretary The Organic Act of Guam, referred to in text, is act of the Interior to be paid to the government of Aug. 1, 1950, ch. 512, 64 Stat. 384, as amended, which is Guam annually for five fiscal years commencing classified generally to this chapter. For complete clas- in fiscal year 1978 to carry out the purposes of sification of this Act to the Code, see Short Title note this subchapter. set out under section 1421 of this title and Tables. (Pub. L. 90–601, § 2, Oct. 17, 1968, 82 Stat. 1172; CODIFICATION Pub. L. 95–134, title II, § 202, Oct. 15, 1977, 91 Stat. Section was not enacted as part of the Organic Act of 1161.) Guam which comprises this chapter. CODIFICATION § 1425c. Authorization of loans, conveyances, etc. Section was not enacted as part of the Organic Act of Guam which comprises this chapter. The Legislature of Guam may by law assist AMENDMENTS such authority by furnishing, or authorizing the furnishing of, cash donations, loans, convey- 1977—Pub. L. 95–134 designated existing provisions as ances of real and personal property, facilities, subsec. (a) and added subsec. (b). and services, and otherwise, and may by law § 1428a. Submission of plan for use of funds; con- take other action in aid of urban renewal or tents of plan; term, interest rate, and pre- housing or related activities. mium charge of loan (Pub. L. 88–171, § 3, Nov. 4, 1963, 77 Stat. 304.) Prior to receiving any funds pursuant to this CODIFICATION subchapter the government of Guam shall sub- mit to the Secretary of the Interior a plan for Section was not enacted as part of the Organic Act of the use of such funds which meets the require- Guam which comprises this chapter. ments of this section and is approved by the § 1425d. Ratification of prior act Secretary. The plan shall designate an agency or agencies of such government as the agency or Each and every part of Public Law 6–135, ap- agencies for the administration of the plan and proved December 18, 1962, heretofore enacted by shall set forth the policies and procedures to be the Legislature of Guam dealing with any part followed in furthering the economic develop- of the subject matter of sections 1425a to 1425e of ment of Guam through a program which shall this title and not inconsistent therewith is rati- include and make provision for loans and loan fied and confirmed. guarantees to promote the development of pri- (Pub. L. 88–171, § 4, Nov. 4, 1963, 77 Stat. 304.) vate enterprise and private industry in Guam through a revolving fund for such purposes: Pro- CODIFICATION vided, That the term of any loan made pursuant Section was not enacted as part of the Organic Act of to the plan shall not exceed twenty-five years; Guam which comprises this chapter. that such loans shall bear interest (exclusive of premium charges for insurance, and service § 1425e. Additional powers charges, if any) at such rate per annum as is de- Powers granted herein shall be in addition to, termined to be reasonable and as approved by and not in derogation of, any powers granted by the Secretary, but in no event less than a rate other law to, or for the benefit or assistance of, equal to the average yield on outstanding mar- any public corporate authority. ketable obligations of the United States as of the last day of the month preceding the date of (Pub. L. 88–171, § 5, Nov. 4, 1963, 77 Stat. 304.) the loan, adjusted to the nearest one-eighth of 1 CODIFICATION per centum, which rate shall be determined by the Secretary of the Treasury upon the request Section was not enacted as part of the Organic Act of Guam which comprises this chapter. of the authorized agency or agencies of the gov- ernment of Guam; and that premium charges for § 1426. Repealed. Aug. 2, 1954, ch. 649, title II, the insurance and guarantee of loans shall be § 205, 68 Stat. 622 commensurate, in the judgment of the agency or agencies administering the fund, with expenses Section, acts Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58; and risks covered. June 30, 1953, ch. 170, § 25(b), 67 Stat. 128, related to pur- chase of insured mortgage loans by the Federal Na- (Pub. L. 90–601, § 3, Oct. 17, 1968, 82 Stat. 1172.) tional Mortgage Association, with respect to property in Guam. Section was not enacted as part of the Or- CODIFICATION ganic Act of Guam which comprises this chapter. Section was not enacted as part of the Organic Act of Guam which comprises this chapter. SUBCHAPTER VI—GUAM DEVELOPMENT FUND § 1428b. Prerequisite for loan or loan guarantee; maximum participation in available funds; § 1428. Authorization of appropriations reserves for loan guarantees (a) For the purpose of promoting economic de- No loan or loan guarantee shall be made under velopment in the territory of Guam, there is au- this subchapter to any applicant who does not § 1428c TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 116 satisfy the agency or agencies administering the (Pub. L. 90–601, § 7, Oct. 17, 1968, 82 Stat. 1173.) plan that financing is otherwise unavailable on CODIFICATION reasonable terms and conditions. The maximum participation in the funds made available under Section was not enacted as part of the Organic Act of section 1428 of this title shall be limited (a) so Guam which comprises this chapter. that not more than 25 per centum of the funds CHAPTER 9—SAMOA, TUTUILA, MANUA, actually appropriated by the Congress may be SWAINS ISLAND, AND TRUST TERRITORY devoted to any single project (b) to 90 per cen- OF THE PACIFIC ISLANDS tum of loan guarantee, and (c) with respect to all loans, to that decree of participation prudent §§ 1431 to 1440. Transferred under the circumstances of individual loans but Section 1431, act Mar. 4, 1925, ch. 563, 43 Stat. 1357, directly related to the minimum essential par- which related to making Swains Island part of Amer- ticipation necessary to accomplish the purposes ican Samoa, was transferred to section 1662 of this of this subchapter: Provided, That, with respect title. to loan guarantees, the reserves maintained by Section 1431a, acts Feb. 20, 1929, ch. 281, 45 Stat. 1253; the agency or agencies for the guarantees shall May 22, 1929, ch. 6, 46 Stat. 4, which related to islands not be less than 25 per centum of the guarantee. of eastern Samoa, was transferred to section 1661 of this title. (Pub. L. 90–601, § 4, Oct. 17, 1968, 82 Stat. 1172.) Section 1432, act June 28, 1906, ch. 3585, 34 Stat. 552, which related to acknowledgment of deeds in the is- CODIFICATION lands of Samoa, was transferred to section 1663 of this Section was not enacted as part of the Organic Act of title. Guam which comprises this chapter. Section 1433, act June 14, 1934, ch. 523, 48 Stat. 963, which related to inapplicability of coastwise shipping § 1428c. Accounting procedures laws to Samoa, was transferred to section 1664 of this title and was subsequently repealed by Pub. L. 109–304, The plan provided for in section 1428a of this § 19, Oct. 6, 2006, 120 Stat. 1710. title shall set forth such fiscal control and fund Section 1434, act July 9, 1952, ch. 597, title I, § 101, 66 accounting procedures as may be necessary to Stat. 457, which related to purchases by governments of assure proper disbursement, repayment, and ac- Samoa, was transferred to section 1665 of this title. counting for such funds. Section 1435, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, which related to purchases by governments of (Pub. L. 90–601, § 5, Oct. 17, 1968, 82 Stat. 1172.) Pacific Trust Territory, was transferred to section 1682 of this title. Act June 30, 1954, ch. 423, § 1, formerly set CODIFICATION out as a note under this section, and which related to Section was not enacted as part of the Organic Act of continuance of civil government for the Trust Terri- Guam which comprises this chapter. tory, is classified to section 1681 of this title. Section 2 of that act, which provided for annual appropriation § 1428d. Report for inclusion in annual report by authorization, is set out as a note under section 1681 of Governor this title. Section 1436, act July 9, 1952, ch. 597, title I, § 101, 66 The Governor of Guam shall include in the an- Stat. 458, which related to auditing transactions of Pa- nual report to Congress required pursuant to cific Trust Territory, was transferred to section 1683 of section 1422 of this title a report on the adminis- this title. Section 1437, act July 9, 1952, ch. 597, title I, § 101, 66 tration of this subchapter. Stat. 458, which related to expenditure of funds for ad- (Pub. L. 90–601, § 6, Oct. 17, 1968, 82 Stat. 1173; ministration of Pacific Trust Territory, was trans- Pub. L. 96–470, title II, § 206(c), Oct. 19, 1980, 94 ferred to section 1684 of this title. Stat. 2244.) Section 1438, act July 9, 1952, ch. 597, title I, § 108, 66 Stat. 460, which related to transfer of property or CODIFICATION money for administration of Pacific Trust Territory, was transferred to section 1685 of this title. Section was not enacted as part of the Organic Act of Section 1439, act July 31, 1953, ch. 298, title I, § 1, 67 Guam which comprises this chapter. Stat. 274, which related to approval by Congress of new activity in Pacific Trust Territory, was transferred to AMENDMENTS section 1686 of this title and was subsequently omitted 1980—Pub. L. 96–470 substituted provision requiring from the Code. the Governor of Guam to include in his report to Con- Section 1440, Pub. L. 85–77, title I, § 1, July 1, 1957, 71 gress under section 1422 of this title a report on the ad- Stat. 266, which related to expenditure of appropria- ministration of this subchapter for provision requiring tions for Pacific Trust Territory for aircraft and sur- the Governor of Guam to make an annual report to the face vessels, was transferred to section 1687 of this Secretary of the Interior on administration of this sub- title. chapter, copies of which were to be forwarded to the Speaker of the House of Representatives and the Presi- CHAPTER 10—TERRITORIAL PROVISIONS OF dent of the Senate. A GENERAL NATURE § 1428e. Audit of books and records of agency, or Sec. agencies, administering loan funds 1451. Rights of Indians not impaired; boundaries. 1452. Regulation of Indians. The Comptroller General of the United States, 1453 to 1469–1. Repealed. or any of his duly authorized representatives, 1469a. Congressional declaration of policy respect- shall have access, for the purpose of audit and ing ‘‘Insular Areas’’. examination, to the books, documents, papers, 1469a–1. Full amounts to be covered into treasuries of Guam, Northern Mariana Islands, Puerto and records of the agency, or agencies, of the Rico, and Virgin Islands; reductions prohib- government of Guam administering the plan ited. that are pertinent to the funds received under 1469b. Auditing of transactions of Territorial and this subchapter. local governments. Page 117 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1451

Sec. (d) Members of the IGIA may designate a senior de- 1469c. Availability of services, facilities, and equip- partment or agency official who is a full-time officer or ment of agencies and instrumentalities of employee of the Federal Government to perform their United States; reimbursement require- IGIA functions. ments. SEC. 2. Functions of the IGIA. The IGIA shall: 1469d. General technical assistance. (a) advise the President on establishment or imple- 1469e. Insular government purchases. mentation of policies concerning the Insular Areas; 1470 to 1488. Repealed or Omitted. (b) solicit information and advice concerning the In- 1489. Loss of title of United States to lands in ter- sular Areas from the Governors of, and other elected of- ritories through adverse possession or pre- ficials in, the Insular Areas (including through at least scription forbidden. one meeting each year with any Governors of the Insu- 1490. Repealed. lar Areas who may wish to attend) in a manner that 1491. License, permit, etc., for transportation for seeks their individual advice and does not involve col- storage or storage of spent nuclear fuel or lective judgment, or consensus advice or deliberation; high-level radioactive waste; prerequisites; (c) solicit information and advice concerning the In- applicability; ‘‘territory or possession’’ de- sular Areas, as the IGIA determines appropriate, from fined. representatives of entities or other individuals in a 1492. Energy resources of Caribbean and Pacific in- manner that seeks their individual advice and does not sular areas. involve collective judgment, or consensus advice or de- 1492a. Study of electric rates in the insular areas. liberation; 1493. Prosecution; authorization to seek review; (d) solicit information from executive departments or local or Federal appellate courts; decisions, agencies for purposes of carrying out its mission; and judgments or orders. (e) at the request of the head of any executive depart- 1494. Purposes. ment or agency who is a member of the IGIA, with the 1494a. Annual reports to Congress. approval of the Co-Chairs, promptly review and provide 1494b. Enforcement and administration in insular advice on a policy or policy implementation action af- areas. fecting the Insular Areas proposed by that department 1494c. Drug Enforcement Agency personnel assign- or agency. ments. SEC. 3. Recommendations. The IGIA shall: (a) submit annually to the President a report con- CODIFICATION taining recommendations regarding the establishment The source of most sections of this chapter is the Re- or implementation of policies concerning the Insular vised Statutes enacted in 1873 and other early statutes. Areas; and The Revised Statutes can no longer apply to contig- (b) provide to the President, from time to time, as ap- uous territory because no such territory now exists. As propriate, recommendations concerning proposed or ex- to noncontiguous territory, Guam, Puerto Rico, and isting Federal programs and policies affecting the Insu- the Virgin Islands each has its own organic act, provid- lar Areas. ing a complete system of government, legislative, exec- SEC. 4. General Provisions. utive, and judicial. The Canal Zone has its own code of (a) The heads of executive departments and agencies laws. The independence of the Philippine Islands was shall assist and provide information to the IGIA, con- recognized by Proc. No. 2695, eff. July 4, 1946, set out as sistent with applicable law, as may be necessary to a note under section 1394 of Title 22, Foreign Relations carry out the functions of the IGIA. Each executive de- and Intercourse. The other possessions, such as Samoa, partment and agency shall bear its own expenses of are covered by special provisions set out elsewhere in participating in the IGIA. this title. (b) Nothing in this order shall be construed to impair or otherwise affect: EXECUTIVE ORDER NO. 13299 (i) authority granted by law to an executive depart- Ex. Ord. No. 13299, May 12, 2003, 68 F.R. 25477, which ment, agency, or the head thereof, or the status of that established the Interagency Group on Insular Areas, department or agency within the Federal Government; was superseded by Ex. Ord. No. 13537, § 4(d), Apr. 14, or 2010, 75 F.R. 20238, set out below. (ii) functions of the Director of the Office of Manage- ment and Budget relating to budgetary, administra- EX. ORD. NO. 13537. INTERAGENCY GROUP ON INSULAR tive, or legislative proposals. AREAS (c) This order shall be implemented consistent with Ex. Ord. No. 13537, Apr. 14, 2010, 75 F.R. 20237, pro- applicable law and subject to the availability of appro- vided: priations. By the authority vested in me as President by the (d) This order shall supersede Executive Order 13299 of Constitution and the laws of the United States of May 8, 2003. America, it is hereby ordered as follows: (e) This order is not intended to, and does not, create SECTION 1. Interagency Group on Insular Areas. any right or benefit, substantive or procedural, enforce- (a) There is established, within the Department of the able at law or in equity by any party against the Interior for administrative purposes, the Interagency United States, its departments, agencies, or entities, Group on Insular Areas (IGIA) to address policies con- its officers, employees, or agents, or any other person. cerning Guam, American Samoa, the United States BARACK OBAMA. Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Insular Areas). § 1451. Rights of Indians not impaired; bound- (b) The IGIA shall consist of: aries (i) the heads of the executive departments, as defined in 5 U.S.C. 101; Nothing in title 23 of the Revised Statutes (ii) the heads of such other executive agencies as the shall be construed to impair the rights of person Co-Chairs of the IGIA may designate; and (iii) the Dep- or property pertaining to the Indians in any Ter- uty Assistant to the President and Director of Inter- ritory, so long as such rights remain unextin- governmental Affairs. guished by treaty between the United States and (c) The Secretary of the Interior and the Deputy As- such Indians, or to include any Territory which, sistant to the President and Director of Intergovern- by treaty with any Indian tribe, is not, without mental Affairs shall serve as Co-Chairs of the IGIA, convene and preside at its meetings, direct its work, the consent of such tribe, embraced within the and establish such subgroups of the IGIA as they deem territorial limits or jurisdiction of any State or appropriate, consisting exclusively of members of the Territory; but all such territory shall be ex- IGIA. cepted out of the boundaries, and constitute no § 1452 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 118 part of any Territory now or hereafter organized Rico, American Samoa, Guam, or the Northern Mari- until such tribe signifies its assent to the Presi- ana Islands. dent to be embraced within a particular Terri- §§ 1453 to 1455. Repealed. Pub. L. 98–213, tory. As used herein, the term ‘‘Territory’’ does § 16(c)–(f), Dec. 8, 1983, 97 Stat. 1462 not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mari- Section 1453, R.S. § 1841, related to powers, duties and ana Islands. term of office of governor of each Territory, in whom the executive power was vested. (R.S. § 1839; Pub. L. 98–213, § 15(a), Dec. 8, 1983, 97 Section 1453a, R.S. § 1873, related to temporary defini- Stat. 1462.) tion by proclamation, by governor, of judicial districts of such Territory, and assignment of judges appointed REFERENCES IN TEXT for such Territory to several districts as well as fixing Title 23 of the Revised Statutes, referred to in text, of times and places for holding courts. was in the original ‘‘this Title’’, meaning title XXIII of Section 1454, R.S. § 1843, related to appointment and the Revised Statutes, consisting of R.S. §§ 1839 to 1976, term of office of Secretary appointed for each Terri- and which, insofar as classified to the Code, is classi- tory, and duties in case of death, removal, resignation fied to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, or absence of governor from Territory. 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and Section 1455, R.S. § 1844, related to duties of secretary to sections 644 to 647, 649, and 655 to 657 of Title 16, Con- regarding recordation, preservation, and publication of servation. For complete classification of R.S. §§ 1839 to all laws and proceedings of legislative assembly and 1976 to the Code, see Tables. governor in executive department. CODIFICATION § 1456. Repealed. Sept. 12, 1950, ch. 946, title III, R.S. § 1839 derived from N.M., act Sept. 9, 1850, ch. 49, § 301(106), 64 Stat. 844 § 2, 9 Stat. 447. Utah, act Sept. 9, 1850, ch. 51, § 1, 9 Stat. 453. Wash., act Mar. 2, 1853, ch. 90, § 1, 10 Stat. 172. Colo., Section, acts June 20, 1874, ch. 328, § 1, 18 Stat. 99; act Feb. 28, 1861, ch. 59, § 1, 12 Stat. 172. Dak., act Mar. June 10, 1921, ch. 18, § 215, 42 Stat. 23, made it duty of 2, 1861, ch. 86, § 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. secretary of each Territory to furnish annual estimates 56, § 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, § 1, for expenses to Secretary of the Treasury. 12 Stat. 808. Mont., act May 26, 1864, ch. 95, § 1, 13 Stat. §§ 1457 to 1469–1. Repealed. Pub. L. 98–213, 85. Wyo., act July 25, 1868, ch. 235, § 1, 15 Stat. 178. § 16(a), (g)–(u), Dec. 8, 1983, 97 Stat. 1462, 1463 AMENDMENTS Section 1457, R.S. § 1855, prohibited making or en- 1983—Pub. L. 98–213 inserted provisions excluding forcement of any law of any Territorial legislature by from the term ‘‘Territory’’ the Virgin Islands, Puerto which the governor, secretary or members or officers of Rico, American Samoa, Guam, or the Northern Mari- any Territorial legislature are paid any compensation ana Islands. other than that provided by the laws of the United States. § 1452. Regulation of Indians Section 1458, R.S. § 1857, related to appointment or Nor shall anything in title 23 of the Revised election of all township, district and county officers, Statutes be construed to affect the authority of except justices of the peace and general officers of the militia, and the appointment of all other officers by the United States to make any regulations re- the governor, except in first instance where a new Ter- specting the Indians of any Territory, their ritory is created, all officers to be appointed by the lands, property, or rights, by treaty, law, or governor. otherwise, in the same manner as might be Section 1459, R.S. § 1858, related to filling of vacan- made if no temporary government existed, or is cies, during recess of legislative council, of offices hereafter established, in any such Territory. As which, under organic act of any Territory, were re- used herein, the term ‘‘Territory’’ does not in- quired to be filled by governor with the advice and con- sent of such council. clude the Virgin Islands, Puerto Rico, American Section 1460, R.S. § 1860; Mar. 3, 1883, ch. 134, 22 Stat. Samoa, Guam, or the Northern Mariana Islands. 567; July 31, 1939, ch. 399, 53 Stat. 1143, related to quali- (R.S. § 1840; Pub. L. 98–213, § 15(b), Dec. 8, 1983, 97 fication of voters at all elections subsequent to first Stat. 1462.) election, in any newly created Territory, as well as at all elections in Territories already organized. REFERENCES IN TEXT Section 1460a, R.S. § 1854; Feb. 22, 1889, ch. 180, 25 Stat. 676; Nov. 11, 1889, No. 8, 26 Stat. 1552, 1553, restricted a Title 23 of the Revised Statutes, referred to in text, member of legislative assembly from holding any office was in the original ‘‘this Title’’, meaning title 23 of the created, or salary of which has been increased, by legis- Revised Statutes, consisting of R.S. §§ 1839 to 1976, and lature of which he was a member, during term for which, insofar as classified to the Code, is classified to which he was elected and for one year thereafter. sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 Section 1461, act Mar. 22, 1882, ch. 47, § 8, 22 Stat. 31, to 1470, 1480, and 1482 to 1485 of this title and to sections prohibited polygamists, bigamists, etc., from voting or 644 to 647, 649, and 655 to 657 of Title 16, Conservation. holding office in any Territory. For complete classification of R.S. §§ 1839 to 1976 to the Section 1462, act June 19, 1878, ch. 329, § 1, 20 Stat. 193, Code, see Tables. related to number and compensation of subordinate of- CODIFICATION ficers of each branch of Territorial legislature. Section 1463, R.S. § 1868, related to chancery and com- R.S. § 1840 derived from N.M., act Sept. 9, 1850, ch. 49, mon-law jurisdiction of supreme and district courts. § 2, 9 Stat. 447. Utah, act Sept. 9, 1850, ch. 51, § 1, 9 Stat. Section 1463a, R.S. § 1864, related to membership, 453. Wash., act Mar. 2, 1853, ch. 90, § 1, 10 Stat. 172. Colo., quorum, and term of office of supreme court of every act Feb. 28, 1861, ch. 59, § 1, 12 Stat. 172. Dak., act Mar. Territory. 2, 1861, ch. 86, § 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. Section 1464, act Apr. 7, 1874, ch. 80, § 1, 18 Stat. 27, 56, § 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, § 1, confirmed right to mingle exercise of common-law and 12 Stat. 808. Mont., act May 26, 1864, ch. 95, § 1, 13 Stat. chancery jurisdiction in courts of several Territories, 85. Wyo., act July 25, 1868, ch. 235, § 1, 15 Stat. 178. provided no party was deprived of right to trial by jury in cases cognizable at common law. AMENDMENTS Section 1465, R.S. § 1878, related to oath of office, and 1983—Pub. L. 98–213 inserted provisions excluding certification thereof, by governor, secretary, chief jus- from the term ‘‘Territory’’ the Virgin Islands, Puerto tice, associate justices and all other civil officers. Page 119 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1469a–1

Section 1466, act May 1, 1876, ch. 88, 19 Stat. 43, relat- agency with respect to each such consolidated ed to time when payment of salaries of all officers of grant: Provided, That nothing in this paragraph the Territories was to commence. shall preclude such department or agency from Section 1467, R.S. § 1883; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118, related to fees and providing adequate procedures for accounting, costs allowed United States attorneys, marshals, clerks auditing, evaluating, and reviewing any pro- of courts, jurors, etc. grams or activities receiving benefits from any Section 1468, R.S. § 1884; June 10, 1921, ch. 18, § 304, 42 consolidated grant. The administering authority Stat. 24, prohibited payment of salaries to any officer of any department or agency, in its discretion, of a Territory absent therefrom, unless good cause was may (i) waive any requirement for matching shown to the President. funds otherwise required by law to be provided Section 1469, R.S. § 1886; June 10, 1921, ch. 18, § 304, 42 by the Insular Area involved and (ii) waive the Stat. 24, related to accounts and disbursements of Ter- ritories for support of government. requirement that any Insular Area submit an Section 1469–1, act Mar. 4, 1915, ch. 141, § 1, 38 Stat. application or report in writing with respect to 1021; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24, re- any consolidated grant. lated to transmittal of accounts and vouchers relating to expenditure of appropriations for government in Ter- (Pub. L. 95–134, title V, § 501, Oct. 15, 1977, 91 ritories to Secretary of the Interior for administrative Stat. 1164; Pub. L. 95–348, § 9, Aug. 18, 1978, 92 examination and by him to General Accounting Office. Stat. 495.) § 1469a. Congressional declaration of policy re- AMENDMENT OF SUBSECTION (d) specting ‘‘Insular Areas’’ Pub. L. 96–205, title VI, § 601, Mar. 12, 1980, 94 Stat. 90, as amended Pub. L. 98–213, § 6, Dec. 8, In order to minimize the burden caused by ex- 1983, 97 Stat. 1460; Pub. L. 98–454, title VI, isting application and reporting procedures for § 601(b), Oct. 5, 1984, 98 Stat. 1736, provided that certain grant-in-aid programs available to the this section shall be applied with respect to the Virgin Islands, Guam, American Samoa, the Department of the Interior by substituting Trust Territory of the Pacific Islands, and the ‘‘shall’’ for ‘‘may’’ in the last sentence of sub- Government of the Northern Mariana Islands section (d), and adding the following sentence (hereafter referred to as ‘‘Insular Areas’’) it is at the end of subsection (d): ‘‘Notwithstanding declared to be the policy of the Congress, not- any other provision of law, in the case of Amer- withstanding any provision of law to the con- ican Samoa, Guam, the Virgin Islands, and the trary, that: (a) Any department or agency of the Govern- Northern Mariana Islands any department or ment of the United States which administers agency shall waive any requirement for local any Act of Congress which specifically provides matching funds under $200,000 (including in- for making grants to any Insular Area under kind contributions) required by law to be pro- which payments received may be used by such vided by American Samoa, Guam, the Virgin Is- Insular Area only for certain specified purposes lands, or the Northern Mariana Islands.’’ (other than direct payments to classes of indi- AMENDMENTS viduals) may, acting through appropriate ad- 1978—Pub. L. 95–348, § 9(1), in introductory provision ministrative authorities of such department or inserted ‘‘, notwithstanding any provision of law to the agency, consolidate any or all grants made to contrary,’’ after ‘‘Congress’’. such area for any fiscal year or years. Subsec. (a). Pub. L. 95–348, § 9(2), substituted ‘‘Any’’ (b) Any consolidated grant for any insular for ‘‘Notwithstanding any provision of law to the con- area shall not be less than the sum of all grants trary, any’’. which such area would otherwise be entitled to TERMINATION OF TRUST TERRITORY OF THE PACIFIC receive for such year. ISLANDS (c) The funds received under a consolidated grant shall be expended in furtherance of the For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this programs and purposes authorized for any of the title. grants which are being consolidated, which are authorized under any of the Acts administered MAINTENANCE OR LEVEL OF EFFORT REQUIREMENTS; by the department or agency making the grant, ADJUSTMENT OR MODIFICATION BY ADMINISTRATOR OF and which would be applicable to grants for such ENVIRONMENTAL PROTECTION AGENCY programs and purposes in the absence of the Pub. L. 99–396, § 12(a), Aug. 27, 1986, 100 Stat. 841, pro- consolidation, but the Insular Areas shall deter- vided that: ‘‘In awarding assistance grants, consoli- mine the proportion of the funds granted which dated under the provisions of title V of the Act entitled shall be allocated to such programs and pur- ‘An Act to authorize certain appropriations for the ter- ritories of the United States, to amend certain Acts re- poses. lated thereto, and for other purposes’ (91 Stat. 1159, as (d) Each department or agency making grants- amended) [42 U.S.C. 4368b; 48 U.S.C. 1469a], to the Trust in-aid shall, by regulations published in the Fed- Territory of the Pacific Islands, American Samoa, eral Register, provide the method by which any Guam, the Northern Mariana Islands or the Virgin Is- Insular Area may submit (i) a single application lands, the Administrator of the Environmental Protec- for a consolidated grant for any fiscal year pe- tion Agency may, in his discretion, adjust or otherwise riod, but not more than one such application for modify maintenance or level of effort requirements.’’ a consolidated grant shall be required by any de- § 1469a–1. Full amounts to be covered into treas- partment or agency unless notice of such re- uries of Guam, Northern Mariana Islands, quirement is transmitted to the appropriate Puerto Rico, and Virgin Islands; reductions committees of the to- prohibited gether with a complete explanation of the neces- sity for requiring such additional applications Pursuant to the terms of the Organic Act of and (ii) a single report to such department or Guam (64 Stat. 384), as amended [48 U.S.C. 1421 § 1469b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 120 et seq.]; the Joint resolution to Approve the § 1469b. Auditing of transactions of Territorial Covenant to Establish a Commonwealth of the and local governments Northern Mariana Islands in Political Union With the United States of America (90 Stat. 263), All financial transactions of the territorial as amended [48 U.S.C. 1801 et seq.]; the Puerto and local governments herein provided for, in- Rican Federal Relations Act (64 Stat. 319), as cluding such transactions of all agencies or in- amended and supplemented [48 U.S.C. 731 et strumentalities established or used by such gov- seq.]; and the Revised Organic Act of the Virgin ernments, may be audited by the Government Islands (86 1 Stat. 497), as amended and supple- Accountability Office, at its discretion, in ac- mented [48 U.S.C. 1541 et seq.] and an Act to au- cordance with chapter 35 of title 31. thorize appropriations for certain insular areas (Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 of the United States, and for other purposes (92 Stat. 2412.) Stat. 487), as amended; there shall be paid into the treasuries of Guam, the Northern Mariana REFERENCES IN TEXT Islands, Puerto Rico, and the Virgin Islands re- spectively the full amounts which are to be cov- Herein provided for, referred to in text, means pro- ered into the treasuries of said islands or paid vided for in the appropriation act cited as the credit to this section. pursuant to said laws as amended and supple- mented and such amounts shall not be reduced, notwithstanding Public Law 99–177, Public Law CODIFICATION 99–366, or any other provision of law. Section is from the appropriation act cited as the (Pub. L. 99–396, § 19(b), Aug. 27, 1986, 100 Stat. credit to this section. 844.) PRIOR PROVISIONS REFERENCES IN TEXT Provisions similar to those in this section were con- The Organic Act of Guam, referred to in text, is act tained in the following prior appropriations acts: Aug. 1, 1950, ch. 512, 64 Stat. 384, as amended, which is Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. classified generally to chapter 8A (§ 1421 et seq.) of this 304. title. For complete classification of this Act to the Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. Code, see Short Title note set out under section 1421 of 1001. this title and Tables. The Joint resolution to Approve the Covenant to Es- Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. tablish a Commonwealth of the Northern Mariana Is- 2920. lands in Political Union With the United States of Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. America, referred to in text, is Pub. L. 94–241, Mar. 24, 717. 1976, 90 Stat. 263, as amended, which is classified gener- Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. ally to subchapter I (§ 1801 et seq.) of chapter 17 of this 2114. title. For complete classification of this Act to the Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 517. Code, see Tables. Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. The Puerto Rican Federal Relations Act, referred to 3059. in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, as Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1260; amended, also known as the Jones Act, which is classi- Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814. fied principally to chapter 4 (§ 731 et seq.) of this title. Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 234. For complete classification of this Act to the Code, see Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 433. Short Title note set out under section 731 of this title Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 938. and Tables. Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29, The Revised Organic Act of the Virgin Islands, re- 1999, 113 Stat. 1535, 1501A–151. ferred to in text, is act July 22, 1954, ch. 558, 68 Stat. Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998, 497, as amended, which is classified principally to chap- 112 Stat. 2681–231, 2681–249. ter 12 (§ 1541 et seq.) of this title. For complete classi- Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1558. fication of this Act to the Code, see Short Title note Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept. set out under section 1541 of this title and Tables. 30, 1996, 110 Stat. 3009–181, 3009–196. The Act to authorize appropriations for certain insu- Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996, lar areas of the United States, and for other purposes 110 Stat. 1321–156, 1321–173; renumbered title I, Pub. L. (92 Stat. 487), as amended, referred to in text, is Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. 95–348, Aug. 18, 1978, 92 Stat. 487. For complete classi- Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2515. fication of this Act to the Code, see Tables. Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1394. Public Law 99–177, referred to in text, is Pub. L. Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1392. 99–177, Dec. 12, 1985, 99 Stat. 1037, as amended, title II Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1007. of which is known as the ‘‘Balanced Budget and Emer- Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1932. gency Deficit Control Act of 1985’’, which enacted chap- Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 716. ter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1797. The Congress, amended sections 602, 622, 631 to 642, and Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of 1329–213, 1329–231. Title 31, Money and Finance, and section 911 of Title 42, Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat. The Public Health and Welfare, repealed section 661 of 1783–242, 1783–258, and Pub. L. 99–591, § 101(h) [title I], Title 2, enacted provisions set out as notes under sec- Oct. 30, 1986, 100 Stat. 3341–242, 3341–258. tion 900 of Title 2 and section 911 of Title 42, and Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. amended provisions set out as a note under section 621 1224, 1238. of Title 2. For complete classification of this Act to the Pub. L. 98–473, title I, § 101(c) [title I], Oct. 12, 1984, 98 Code, see Short Title note set out under section 900 of Stat. 1837, 1851. Title 2 and Tables. Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 931. Public Law 99–366, referred to in text, is Pub. L. Pub. L. 97–394, title I, Dec. 30, 1982, 96 Stat. 1979. 99–366, July 31, 1986, 100 Stat. 773, which is classified as Pub. L. 97–100, title I, Dec. 23, 1981, 95 Stat. 1402. a note under section 904 of Title 2. Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2969. Pub. L. 96–126, title I, Nov. 27, 1979, 93 Stat. 965. 1 So in original. Probably should be ‘‘68’’. Pub. L. 95–465, title I, Oct. 17, 1978, 92 Stat. 1289. Page 121 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1469e

§ 1469c. Availability of services, facilities, and (c) Extension of programs administered by De- equipment of agencies and instrumentalities partment of Agriculture to Guam, Northern of United States; reimbursement require- Mariana Islands, etc. ments The Secretary of Agriculture is authorized to To the extent practicable, services, facilities, extend, in his discretion, programs administered and equipment of agencies and instrumentalities by the Department of Agriculture to Guam, the of the United States Government may be made Northern Mariana Islands, the Trust Territory available, on a reimbursable basis, to the gov- of the Pacific Islands, the Virgin Islands, and American Samoa (hereinafter called the terri- ernments of the territories and possessions of tories). Notwithstanding any other provision of the United States and the Trust Territory of the law, the Secretary of Agriculture is authorized Pacific Islands. Reimbursements may be cred- to waive or modify any statutory requirements ited to the appropriation or fund of the agency relating to the provision of assistance under or instrumentality through which the services, such programs when he deems it necessary in facilities, and equipment are provided. If other- order to adapt the programs to the needs of the wise authorized by law, such services, facilities, respective territory: Provided, That not less than and equipment may be made available without sixty days prior to extending any program pur- reimbursement. suant to this section or waiving or modifying (Pub. L. 96–205, title VI, § 603, Mar. 12, 1980, 94 any statutory requirement pursuant to this sec- Stat. 90.) tion, the Secretary of Agriculture shall notify the Committee on Agriculture and the Commit- TERMINATION OF TRUST TERRITORY OF THE PACIFIC tee on Natural Resources of the House of Rep- ISLANDS resentatives and the Committee on Energy and Natural Resources and the Committee on Agri- For termination of Trust Territory of the Pacific Is- culture, Nutrition, and Forestry of the Senate of lands, see note set out preceding section 1681 of this title. his proposed action together with an expla- nation of why his action is necessary and the an- ticipated benefits to each territory affected. § 1469d. General technical assistance Such programs shall be carried out in coopera- tion with the respective governments of the ter- (a) Assistance with matters generally within re- ritories and shall be covered by a memorandum sponsibility of governments; methods of as- of understanding between the respective terri- sistance torial government and the Department of Agri- culture. Any sums appropriated pursuant to this The Secretary of the Interior is authorized to paragraph shall be allocated to the agencies of extend to the governments of American Samoa, the Department of Agriculture concerned with Guam, the Northern Mariana Islands, the Virgin the administration of programs in the terri- Islands, and the Trust Territory of the Pacific tories. Islands, and their agencies and instrumental- ities, with or without reimbursement, technical (d) Authorization of appropriations assistance on subjects within the responsibility Effective October 1, 1981, there are authorized of the respective territorial governments. Such to be appropriated such sums as may be nec- assistance may be provided by the Secretary of essary to carry out the purposes of this section. the Interior through members of his staff, reim- (Pub. L. 96–597, title VI, § 601, Dec. 24, 1980, 94 bursements to other departments or agencies of Stat. 3479; Pub. L. 103–437, § 17(a)(2), Nov. 2, 1994, the Federal Government under sections 1535 and 108 Stat. 4595.) 1536 of title 31, grants to or cooperative agree- ments with such governments, agreements with CODIFICATION Federal agencies or agencies of State or local In subsec. (a), ‘‘sections 1535 and 1536 of title 31’’ sub- governments, or the employment of private indi- stituted in text for ‘‘the Economy Act (31 U.S.C. 686)’’ viduals, partnerships, or corporations. Technical on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, assistance may include research, planning as- Money and Finance. sistance, studies, and demonstration projects. AMENDMENTS (b) Agricultural plantings and physical facilities, 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Natural assistance for peoples of Enewetak Atoll and Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of Bikini Atoll the House’’. The Secretary of the Interior is further au- TERMINATION OF TRUST TERRITORY OF THE PACIFIC thorized to provide technical assistance to, and ISLANDS maintenance of agricultural plantings and phys- For termination of Trust Territory of the Pacific Is- ical facilities for, the peoples from Enewetak lands, see note set out preceding section 1681 of this Atoll and Bikini Atoll, as well as for the pur- title. chase of food and equipment and for the trans- § 1469e. Insular government purchases portation of such food, equipment and persons as he deems necessary and appropriate until such The Governments of American Samoa, Guam, areas produce sufficient food to fully sustain the the Northern Mariana Islands, the Trust Terri- residents after resettlement. This provision tory of the Pacific Islands, and the Virgin Is- shall not cease to be applicable either before or lands are authorized to make purchases through after the termination of the trusteeship without the General Services Administration. the express approval of the United States Con- (Pub. L. 102–247, title III, § 302, Feb. 24, 1992, 106 gress. Stat. 38.) § 1470 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 122

PRIOR PROVISIONS Section 1475, act July 30, 1886, ch. 818, § 2, 24 Stat. 171, prohibited Territorial legislature or political subdivi- Similar provisions relating to the Virgin Islands, sion thereof from subscribing to capital stock of, or Guam, American Samoa, and the Trust Territory of the loaning its credit to, any incorporated company or as- Pacific Islands, were classified to sections 1401f, 1423l, sociation. 1665, and 1682, respectively, of this title. Section 1476, act Mar. 4, 1898, ch. 35, 30 Stat. 252, au- TERMINATION OF TRUST TERRITORY OF THE PACIFIC thorized issuance of bonds by chartered municipal cor- ISLANDS porations for sanitary and health purposes, free of cer- tain debt limitations. For termination of Trust Territory of the Pacific Is- Section 1477, act June 6, 1900, ch. 820, 31 Stat. 683, au- lands, see note set out preceding section 1681 of this thorized issuance of bonds by chartered municipal cor- title. porations for erection of city buildings, free of certain debt limitations. § 1470. Repealed. Pub. L. 98–213, § 16(v), Dec. 8, Section 1478, act July 30, 1886, ch. 818, § 6, 24 Stat. 171, 1983, 97 Stat. 1463 prohibited construction of any provision to abridge power of Congress from annulling any law of a Terri- Section, R.S. § 1888, prohibited any Territorial legis- torial legislature, or modifying any existing law of lative assembly from exceeding amount appropriated Congress requiring that laws of any Territory be sub- by Congress for its annual expenses. mitted to Congress. Section 1479, act July 30, 1886, ch. 818, § 7, 24 Stat. 171, § 1470a. Omitted declared null and void any acts passed by any Terri- CODIFICATION torial legislature after July 30, 1886, in conflict with specific sections of this title. Section, act Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931, which provided that appropriations available §§ 1480 to 1480b. Repealed. Pub. L. 95–584, § 1, for administration of Territories could be expended for Nov. 2, 1978, 92 Stat. 2483 purchase, etc., of surface vessels for official purposes and for commercial transportation expenses, was from Section 1480, R.S. § 1890, related to right of religious the Department of the Interior and Related Agencies corporations to hold real estate. Appropriation Act, 1984, and was not repeated in subse- Section 1480a, act Mar. 3, 1887, ch. 397, § 26, 24 Stat. quent appropriation acts. Similar provisions were con- 641, related to real estate necessary for use of congrega- tained in the following prior appropriation acts: tions. Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. Section 1480b, act Sept. 22, 1950, ch. 986, 64 Stat. 905, Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. related to inapplicability of sections 1480 and 1480a to Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Alaska. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. EFFECT OF REPEAL Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. Pub. L. 95–584, § 2, Nov. 2, 1978, 92 Stat. 2483, provided July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. that: ‘‘This repeal [repealing sections 1480 to 1480b of Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. this title] may not be considered or construed as en- Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. dorsement, support, or permission for any development Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. on or other use of any land in any territory or posses- Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. sion of the United States; nor shall it be evidence of Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. congressional or other intent to confirm title to any July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. lands in said territories or possessions claimed by any Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. association, corporation, or other entity for religious July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. or charitable purposes.’’ June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. §§ 1481 to 1485. Repealed. Pub. L. 98–213, June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. § 16(ff)–(jj), Dec. 8, 1983, 97 Stat. 1463 July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. Section 1481, act June 16, 1880, ch. 235, 21 Stat. 277, re- July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. lated to care and custody of convicts. Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. Section 1482, R.S. § 1892, placed any penitentiary Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. erected or to be erected under care and control of mar- May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. shal of the United States for Territory or District in June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. which situated. June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. Section 1483, R.S. § 1893, related to promulgation of July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. rules and regulations by Attorney General of the June 13, 1956, ch. 380, title I, 70 Stat. 264. United States for government of such penitentiaries, June 16, 1955, ch. 147, title I, 69 Stat. 149. and compensation of marshals and their deputies. July 1, 1954, ch. 446, title I, 68 Stat. 372. Section 1484, R.S. § 1894, related to charging com- pensation and subsistence and employment expenses of §§ 1471 to 1479. Repealed. Pub. L. 98–213, offenders sentenced to imprisonment in such peniten- § 16(w)–(ee), Dec. 8, 1983, 97 Stat. 1463 tiaries. Section 1485, R.S. § 1895, related to imprisonment at Section 1471, act July 30, 1886, ch. 818, § 1, 24 Stat. 170, cost of Territory in such penitentiaries of persons con- prohibited legislatures of Territories of the United victed for violation of laws of Territory. States from passing local or special laws in certain enumerated cases. § 1486. Repealed. Pub. L. 87–826, § 3, Oct. 15, 1962, Section 1472, acts July 30, 1886, ch. 818, § 4, 24 Stat. 171; 76 Stat. 953 Aug. 22, 1911, ch. 43, 37 Stat. 33, related to limitations on indebtedness of political or municipal corporations Section, acts Apr. 29, 1902, ch. 637, 32 Stat. 172; Feb. and county or other subdivisions in any Territory. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, Section 1473, act July 30, 1886, ch. 818, § 3, 24 Stat. 171, 37 Stat. 736; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. limited authority of Territorial legislature to contract 2695 eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 any debt by or on behalf of such Territory to certain Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. enumerated cases. 7877, 60 Stat. 1097; Apr. 7, 1948, ch. 177, 62 Stat. 161, pro- Section 1474, act July 19, 1888, ch. 679, § 2, 25 Stat. 336, vided that law as to clearance and entry of vessels was related to creation by Territorial legislatures of new applicable to trade between the United States and non- counties and location of county seats. contiguous Territories, etc. Page 123 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1492

EFFECTIVE DATE OF REPEAL That the provisions of this section shall not Repeal of section effective 180 days after Oct. 15, 1962, apply to the cleanup and rehabilitation of Bikini see section 4 of Pub. L. 87–826. and Enewetak Atolls. (b) For the purpose of this section the words §§ 1487, 1488. Repealed. Pub. L. 98–213, § 16(b), ‘‘territory or possession’’ include the Trust Ter- (kk), Dec. 8, 1983, 97 Stat. 1462, 1463 ritory of the Pacific Islands and any area not within the boundaries of the several States over Section 1487, act June 22, 1874, ch. 388, 18 Stat. 135, re- lated to calling of an extraordinary session of Terri- which the United States claims or exercises sov- torial legislature with approval of President of the ereignty. United States. (Pub. L. 96–205, title VI, § 605, Mar. 12, 1980, 94 Section 1488, act Apr. 16, 1880, ch. 56, 21 Stat. 74, relat- Stat. 90.) ed to filling of vacancies in office of justice of the peace by appointment or election, until a successor was regu- TERMINATION OF TRUST TERRITORY OF THE PACIFIC larly elected and qualified as provided by law. ISLANDS § 1489. Loss of title of United States to lands in For termination of Trust Territory of the Pacific Is- 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 run, against the title of the United States to (a) Congressional findings lands in any territory or possession or place or The Congress finds that— territory under the jurisdiction or control of the (1) the Caribbean and Pacific insular areas of United States; and no title to any such lands of Puerto Rico, the Virgin Islands, Guam, Amer- the United States or any right therein shall be ican Samoa, the Northern Mariana Islands, acquired by adverse possession or prescription, the Federated States of Micronesia, the Mar- or otherwise than by conveyance from the shall Islands, and Palau are virtually com- United States. pletely dependent on imported sources of en- (Mar. 27, 1934, ch. 99, 48 Stat. 507; Proc. No. 2695, ergy; eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) (2) the dependence of such areas on imported sources of energy coupled with the increasing CODIFICATION cost and the uncertain availability and supply Reference to Philippine Islands omitted in view of of such sources of energy will continue to frus- independence of Philippines proclaimed by President of trate the political, social, and economic devel- United States in Proc. No. 2695, set out under section opment of such areas by placing increasingly 1394 of Title 22, Foreign Relations and Intercourse, and severe fiscal burdens on the local governments issued pursuant to section 1394 of Title 22. of these areas; (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 Section, R.S. § 1891, related to application of United on imported sources of energy, relieve the fis- States Constitution and laws to all organized Terri- cal burden on local governments imposed by tories and in every Territory subsequently organized. the costs of imported fuel, and strengthen the 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 also cited as a credit to this section, and which was not (4) appropriate technologies are presently repealed by the act of Mar. 3, 1933, provided that this available to develop the renewable energy re- section should not apply to the Philippine Islands. sources of these insular areas but that compre- hensive energy plans have not been adequately § 1491. License, permit, etc., for transportation developed to meet the energy demands of for storage or storage of spent nuclear fuel these areas from renewable energy resources; or high-level radioactive waste; pre- (5) electric power transmission and distribu- requisites; applicability; ‘‘territory or posses- tion lines in insular areas are inadequate to sion’’ defined withstand damage caused by the hurricanes and typhoons which frequently occur in insu- (a) Prior to the granting of any license, per- lar areas and such damage often costs millions mit, or other authorization or permission by any of dollars to repair; and agency or instrumentality of the United States (6) the refinement of renewable energy tech- to any person for the transportation of spent nu- nologies since the publication of the 1982 Ter- clear fuel or high-level radioactive waste for in- ritorial Energy Assessment prepared pursuant terim, long-term, or permanent storage to or for to subsection (c) of this section reveals the the storage of such fuel or waste on any terri- need to reassess the state of energy produc- tory or possession of the United States, the Sec- tion, consumption, infrastructure, reliance on retary of the Interior is directed to transmit to imported energy, opportunities for energy con- the Congress a detailed report on the proposed servation and increased energy efficiency, and transportation or storage plan, and no such li- indigenous sources in regard to the insular cense, permit, or other authorization or permis- areas. sion may be granted nor may any such transpor- tation or storage occur unless the proposed (b) Congressional declaration of policy transportation or storage plan has been specifi- The Congress declares that it is the policy of cally authorized by Act of Congress: Provided, the Federal Government to— § 1492 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 124

(1) develop the renewable energy resources of jective that the maximum percentage feasible the Caribbean and Pacific insular areas of of electric power transmission and distribu- Puerto Rico, the Virgin Islands, Guam, Amer- tion lines in each insular area be protected ican Samoa, the Northern Mariana Islands, from damage caused by hurricanes and ty- the Federated States of Micronesia, the Mar- phoons. shall Islands, and Palau; and (2) In carrying out this subsection, the Sec- (2) to assist other insular areas in the Carib- retary of Energy shall identify and evaluate the bean and Pacific Basin in the development of strategies or projects with the greatest poten- their renewable energy resources. tial for reducing the dependence on imported (c) Comprehensive energy plan fossil fuels as used for the generation of elec- The Secretary of Energy or any administra- tricity, including strategies and projects for— tive official who may succeed him shall prepare (A) improved supply-side efficiency of cen- a comprehensive energy plan with emphasis on tralized electrical generation, transmission, indigenous renewable sources of energy for and distribution systems; Puerto Rico, the Virgin Islands, Guam, Amer- (B) improved demand-side management ican Samoa, the Northern Mariana Islands, the through— Federated States of Micronesia, the Marshall Is- (i) the application of established standards lands and Palau. The plan shall be prepared with for energy efficiency for appliances; the approval of the Secretary of the Interior and (ii) the conduct of energy audits for busi- in cooperation with the chief executive officer of ness and industrial customers; and each insular area by— (iii) the use of energy savings performance (1) surveying existing sources and uses of en- contracts; ergy; (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 potential; and The Secretary of Energy or any administra- 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. of the comprehensive energy planning may dem- (3) In carrying out this subsection, for each in- onstrate those indigenous renewable energy sular area with a significant need for distributed technologies which are determined to be most generation, the Secretary of Energy shall iden- cost effective through the use of existing pro- tify and evaluate the most promising strategies grams and may implement any projects or pro- and projects described in subparagraphs (C) and grams contained in recommendations of the (D) of paragraph (2) for meeting that need. plan. (4) In assessing the potential of any strategy (e) Updating of plans; submission to Congress or project under paragraphs (2) and (3), the Sec- (1) The Secretary of the Interior, in consulta- retary of Energy shall consider— tion with the Secretary of Energy and the head (A) the estimated cost of the power or en- of government of each insular area, shall update ergy to be produced, including— the plans required under subsection (c) of this (i) any additional costs associated with the section by— distribution of the generation; and (A) updating the contents required by sub- (ii) the long-term availability of the gen- section (c) of this section; eration source; (B) drafting long-term energy plans for such (B) the capacity of the local electrical util- insular areas with the objective of reducing, to ity to manage, operate, and maintain any the extent feasible, their reliance on energy project that may be undertaken; and imports by the year 2012, increasing energy (C) other factors the Secretary of Energy conservation and energy efficiency, and maxi- considers to be appropriate. mizing, to the extent feasible, use of indige- nous energy sources; and (5) Not later than 1 year after August 8, 2005, (C) drafting long-term energy transmission the Secretary of the Interior shall submit to the line plans for such insular areas with the ob- Committee on Energy and Natural Resources of Page 125 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1492 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 (f) Authorization of appropriations project is designed to prevent or mitigate. 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. pendency of the insular areas on imported fuels, (vii) The applicant has demonstrated to improve the quality of the environment, and the Secretary that the matching funds re- promote development in the insular areas. quired by subparagraph (D) are available. (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 part of the project; (D) MATCHING REQUIREMENT.—The Federal (C) whether the project will rely on the use share of the cost for a project for which a of conservation measures or indigenous, re- grant is provided under this paragraph shall newable energy resources that were identified not exceed 75 percent of the total cost of that in the 1982 Territorial Energy Assessment or project. The non-Federal share of the cost may that are identified by the Secretary as consist- be provided in the form of cash or services. ent with the purposes of this subsection; (E) TREATMENT OF FUNDS FOR CERTAIN PUR- (D) whether the measure will contribute sig- POSES.—Grants provided under this paragraph nificantly to development and the quality of shall not be considered as income, a resource, the environment in the insular area; and or a duplicative program when determining (E) any other factors which the Secretary eligibility or benefit levels for Federal major may determine to be relevant to a particular disaster and emergency assistance. project. (F) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to (4) POWER LINE GRANTS FOR INSULAR AREAS.— carry out this paragraph $6,000,000 for each fis- (A) IN GENERAL.—The Secretary of the Inte- rior is authorized to make grants to govern- cal year beginning after August 8, 2005. ments of insular areas of the United States to (5) For the purposes of this subsection— carry out eligible projects to protect electric (A) the term ‘‘insular area’’ means American power transmission and distribution lines in Samoa, the Commonwealth of the Northern such insular areas from damage caused by hur- Mariana Islands, the Commonwealth of Puerto ricanes and typhoons. Rico, the Federated States of Micronesia, (B) ELIGIBLE PROJECTS.—The Secretary of Guam, the Republic of the Marshall Islands, the Interior may award grants under subpara- the Republic of Palau, and the Virgin Islands; graph (A) only to governments of insular areas and of the United States that submit written (B) the term ‘‘1982 Territorial Energy Assess- project plans to the Secretary for projects ment’’ means the comprehensive energy plan that meet the following criteria: prepared by the Secretary of Energy pursuant (i) The project is designed to protect elec- to subsection (c) of this section. tric power transmission and distribution (Pub. L. 96–597, title VI, § 604, Dec. 24, 1980, 94 lines located in 1 or more of the insular Stat. 3480; Pub. L. 98–213, § 7, Dec. 8, 1983, 97 Stat. areas of the United States from damage 1460; Pub. L. 102–486, title XXVII, § 2701, Oct. 24, caused by hurricanes and typhoons. 1992, 106 Stat. 3118; Pub. L. 109–58, title II, § 251, (ii) The project is likely to substantially Aug. 8, 2005, 119 Stat. 679.) reduce the risk of future damage, hardship, loss, or suffering. REFERENCES IN TEXT (iii) The project addresses 1 or more prob- August 8, 2005, referred to in subsecs. (e)(5) and lems that have been repetitive or that pose (g)(4)(F), was in the original ‘‘the date of enactment of § 1492a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 126 this subsection’’ and ‘‘the date of enactment of this (2) to assist each of the insular areas and paragraph’’, respectively, and was translated as mean- Freely Associated States in implementing ing the date of enactment of Pub. L. 109–58 which such plan. amended subsecs. (e) and (g)(4) generally, to reflect the probable intent of Congress. (c) Participation of regional utility organizations

AMENDMENTS In establishing the team, the Secretary shall consider including regional utility organiza- 2005—Subsec. (a)(5), (6). Pub. L. 109–58, § 251(1), (2), tions. added pars. (5) and (6). Subsec. (e). Pub. L. 109–58, § 251(3), amended subsec. (d) Energy action plan (e) generally. Prior to amendment, subsec. (e) read as In accordance with subsection (b), the energy follows: ‘‘Within two years from December 24, 1980, the Secretary of Energy or any administrative official who action plan shall include— may succeed him shall submit the comprehensive en- (1) recommendations, based on the compre- ergy plan for each insular area to the Congress.’’ hensive energy plan where applicable, to— Subsec. (g)(4). Pub. L. 109–58, § 251(4), amended par. (4) (A) reduce reliance and expenditures on generally. Prior to amendment, par. (4) read as follows: fuel shipped to the insular areas and Freely ‘‘Notwithstanding the requirements of section 1469a(d) Associated States from ports outside the of this title, the Secretary shall require at least 20 per- United States; cent of the costs of any project under this subsection to (B) develop and utilize domestic fuel en- be provided from non-Federal sources. Such cost shar- ing may be in the form of in-kind services, donated ergy sources; and equipment, or any combination thereof.’’ (C) improve performance of energy infra- 1992—Subsec. (g). Pub. L. 102–486 added subsec. (g). structure and overall energy efficiency; 1983—Subsec. (d). Pub. L. 98–213 inserted ‘‘and may implement any projects or programs contained in rec- (2) a schedule for implementation of such ommendations of the plan’’. recommendations and identification and prior- itization of specific projects; CHANGE OF NAME (3) a financial and engineering plan for im- Committee on Resources of House of Representatives plementing and sustaining projects; and changed to Committee on Natural Resources of House (4) benchmarks for measuring progress to- of Representatives by House Resolution No. 6, One Hun- ward implementation. dred Tenth Congress, Jan. 5, 2007. (e) Reports to Secretary § 1492a. Study of electric rates in the insular Not later than 1 year after the date on which areas the Secretary establishes the team and annually (a) Definitions thereafter, the team shall submit to the Sec- In this section: retary a report detailing progress made in ful- filling its charge and in implementing the en- (1) Comprehensive energy plan ergy action plan. The term ‘‘comprehensive energy plan’’ (f) Annual reports to Congress means a comprehensive energy plan prepared and updated under subsections (c) and (e) of Not later than 30 days after the date on which section 1492 of this title. the Secretary receives a report submitted by the (2) Energy action plan team under subsection (e), the Secretary shall submit to the appropriate committees of Con- The term ‘‘energy action plan’’ means the gress a summary of the report of the team. plan required by subsection (d). (g) Approval of Secretary required (3) Freely Associated States The energy action plan shall not be imple- The term ‘‘Freely Associated States’’ means mented until the Secretary approves the energy the Federated States of Micronesia, the Re- action plan. public of the Marshall Islands, and the Repub- lic of Palau. (Pub. L. 113–235, § 9, Dec. 16, 2014, 128 Stat. 2133.)

(4) Insular areas CODIFICATION The term ‘‘insular areas’’ means American Section is from the Consolidated and Further Con- Samoa, the Commonwealth of the Northern tinuing Appropriations Act, 2015. Mariana Islands, Puerto Rico, Guam, and the Virgin Islands. § 1493. Prosecution; authorization to seek review; (5) Secretary local or Federal appellate courts; decisions, judgments or orders The term ‘‘Secretary’’ means the Secretary of the Interior. The prosecution in a territory or Common- (6) Team wealth is authorized—unless precluded by local law—to seek review or other suitable relief in The term ‘‘team’’ means the team estab- the appropriate local or Federal appellate court, lished by the Secretary under subsection (b). or, where applicable, in the Supreme Court of (b) Establishment the United States from— Not later than 180 days after December 16, (a) a decision, judgment, or order of a trial 2014, the Secretary shall, within the Empower- court dismissing an indictment or information ing Insular Communities activity, establish a as to any one or more counts, except that no team of technical, policy, and financial ex- review shall lie where the constitutional pro- perts— hibition against double jeopardy would further (1) to develop an energy action plan address- prosecution; ing the energy needs of each of the insular (b) a decision or order of a trial court sup- areas and Freely Associated States; and pressing or excluding evidence or requiring the Page 127 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b

return of seized property in a criminal pro- the insular areas of the United States outside ceeding, not made after the defendant has the customs territory of the United States, been put in jeopardy and before the verdict or the Trust Territory of the Pacific Islands, and finding on an indictment or information, if the states freely associated with the United States prosecution certifies to the trial court that and the nature and extent of such illegal the appeal is not taken for purpose of delay entry, and and that the evidence is a substantial proof of (2) the efforts and success of Federal agen- a fact material in the proceeding; and cies in preventing the illegal entry from other (c) an adverse decision, judgment, or order of nations, including states freely associated an appellate court. with the United States, of controlled sub- (Pub. L. 98–454, title X, § 1003, Oct. 5, 1984, 98 stances into the United States territories, the Stat. 1746.) Trust Territory of the Pacific Islands, and the commonwealths for use in the territories, the EFFECTIVE DATE Trust Territory of the Pacific Islands, and Section effective on ninetieth day following Oct. 5, commonwealths or for transshipment to the 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- United States and the nature and extent of fective Date of 1984 Amendment note under section 1424 such illegal entry and use. of this title. (b) Transmission date § 1494. Purposes The annual reports required by subsection (a) of this section shall be transmitted to the Com- The purposes of sections 1494 to 1494c of this mittee on Natural Resources of the United title are to improve enforcement of drug laws States House of Representatives and to the and enhance interdiction of illicit drug ship- Committee on Energy and Natural Resources of ments in the Caribbean and Pacific territories the United States Senate not later than the first and commonwealths of the United States and day of October each year. the Trust Territory of the Pacific Islands (or successor governments) and to assist public and (Pub. L. 99–570, title V, § 5003, Oct. 27, 1986, 100 private sector drug abuse and other substance Stat. 3207–155; Pub. L. 100–690, title IX, § 9309, prevention and treatment programs in United Nov. 18, 1988, 102 Stat. 4539; Pub. L. 103–437, States associated insular areas. § 17(a)(3), Nov. 2, 1994, 108 Stat. 4595.) (Pub. L. 99–570, title V, § 5002, Oct. 27, 1986, 100 AMENDMENTS Stat. 3207–154; Pub. L. 100–690, title IX, § 9308, 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural Nov. 18, 1988, 102 Stat. 4538.) Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the United States House’’. AMENDMENTS 1988—Pub. L. 100–690 designated existing provisions as 1988—Pub. L. 100–690 inserted ‘‘and the Trust Terri- subsec. (a) and inserted heading, inserted ‘‘, the Trust tory of the Pacific Islands (or successor governments)’’ Territory of the Pacific Islands,’’ before ‘‘and states’’ in after ‘‘commonwealths of the United States’’, ‘‘and par. (1) and after ‘‘territories’’ in two places in par. (2), other substance’’ before ‘‘prevention’’, and ‘‘associ- and added subsec. (b). ated’’ before ‘‘insular areas.’’. TERMINATION OF TRUST TERRITORY OF THE PACIFIC SHORT TITLE OF 1988 AMENDMENT ISLANDS Pub. L. 100–690, title IX, § 9301(a), Nov. 18, 1988, 102 For termination of Trust Territory of the Pacific Is- Stat. 4535, provided that: ‘‘This subtitle [subtitle D lands, see note set out preceding section 1681 of this (§§ 9301–9310) of title IX of Pub. L. 100–690, enacting sec- title. tion 1494c of this title and amending this section and sections 1494a and 1494b of this title and section 10603 of § 1494b. Enforcement and administration in insu- Title 42, The Public Health and Welfare] may be cited lar areas as the ‘Insular Areas Drug Abuse Amendments of 1988’.’’ (a) American Samoa (1) With the approval of the Attorney General SHORT TITLE of the United States or his designee, law en- Pub. L. 99–570, title V, § 5001, Oct. 27, 1986, 100 Stat. forcement officers of the Government of Amer- 3207–154, provided that: ‘‘This subtitle [subtitle A ican Samoa are authorized to— (§§ 5001–5004) of title V of Pub. L. 99–570, enacting this (A) execute and serve warrants, subpoenas, section and sections 1494a and 1494b of this title] may and summons issued under the authority of be cited as the ‘United States Insular Areas Drug Abuse Act of 1986’.’’ the United States; (B) make arrests without warrant; and TERMINATION OF TRUST TERRITORY OF THE PACIFIC (C) make seizures of property to carry out ISLANDS the purposes of sections 1494 to 1494c of this For termination of Trust Territory of the Pacific Is- title, the Controlled Substances Import and lands, see note set out preceding section 1681 of this Export Act (21 U.S.C. 951–970), and any other title. applicable narcotics laws of the United States. § 1494a. Annual reports to Congress (2) The Attorney General and the Secretaries of Education and Health and Human Services of (a) In general the United States, as appropriate, are author- The President shall report annually to the ized to and, upon request of the Government of Congress as to— American Samoa, shall— (1) the efforts and success of Federal agen- (A) train law enforcement officers and other cies in preventing the illegal entry into the personnel of the Government of American United States of controlled substances from Samoa, and § 1494b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 128

(B) provide by purchase or lease law enforce- (B) provide, by purchase or lease, law en- ment equipment and technical assistance to forcement equipment and technical assistance the Government of American Samoa to carry to the Government of the Northern Mariana out the purposes of sections 1494 to 1494c of Islands to carry out the purposes of sections this title and any other Federal or territorial 1494 to 1494c of this title and any other Federal drug or other substance abuse laws. or commonwealth drug or other substance abuse law. (3) There are authorized to be appropriated $350,000 for fiscal year 1989 and annually there- (3) There are authorized to be appropriated after for grants to the Government of American $125,000 for fiscal year 1989 and annually there- Samoa to be expended in accordance with a plan after for grants to the Government of the North- approved by the Secretary of the Interior in con- ern Mariana Islands to be expended in accord- sultation with the Attorney General and the ance with a plan approved by the Secretary of Secretaries of Education and Health and Human the Interior in consultation with the Attorney Services to carry out the purposes of sections General and the Secretaries of Education and 1494 to 1494c of this title, to remain available Health and Human Services to carry out the until expended. purposes of sections 1494 to 1494c of this title, to (4) The Secretary of the Treasury in consulta- remain available until expended. tion with the Secretary of the Interior shall pro- (4) Federal personnel and equipment assigned vide the Government of American Samoa with a to Guam pursuant to subsection (b) of this sec- vessel to be used in the enforcement of narcotics tion shall also be available to carry out the pur- and other laws. There are authorized to be ap- poses of sections 1494 to 1494c of this title in the propriated $500,000 for this purpose. Northern Mariana Islands. (b) Guam (d) Puerto Rico (1) The Attorney General and the Secretaries (1) There are authorized to be appropriated for of Education and Health and Human Services of grants to the Government of Puerto Rico the United States may provide and, upon re- $7,000,000 for fiscal year 1989 and $2,000,000 annu- quest of the Government of Guam, shall provide ally thereafter for grants to the Government of appropriate training, technical assistance and Puerto Rico to carry out the purposes of sec- equipment to the Government of Guam to carry tions 1494 to 1494c of this title to be expended in out the purposes of sections 1494 to 1494c of this accordance with a plan approved by the Execu- title and any other Federal or territorial drug or tive Director of the White House Task Force on other substance abuse law. Puerto Rico in consultation with the Attorney (2) There are authorized to be appropriated General and the Secretaries of Education and $500,000 for fiscal year 1989 and annually there- Health and Human Services, to remain available after for grants to the Government of Guam to until expended. be expended in accordance with a plan approved (2) The United States Customs Service should by the Secretary of the Interior in consultation station an aerostat in Puerto Rico. with the Attorney General and the Secretaries (3) Equipment provided to the Government of of Education and Health and Human Services, to Puerto Rico pursuant to paragraph (1) of this carry out the purposes of sections 1494 to 1494c subsection shall be made available upon request of this title, to remain available until expended. to the Federal agencies involved in drug inter- (3) There are authorized to be appropriated to diction in Puerto Rico. the Government of Guam $500,000 for grants to (4)(A) The Attorney General and the Secretar- be expended in accordance with a plan approved ies of Education and Health and Human Services by the Secretary of the Interior in consultation of the United States may provide and, upon re- with the Attorney General for drug abuse law quest of the Government of Puerto Rico, shall enforcement equipment. provide appropriate training, technical assist- ance and equipment to the Government of Puer- (c) Northern Mariana Islands to Rico to carry out the purposes of sections 1494 (1) With the approval of the Attorney General to 1494c of this title and any other Federal or of the United States or his designee, law en- commonwealth drug or other substance abuse forcement officers of the Government of the law. Northern Mariana Islands are authorized to— (B) There are authorized to be appropriated (A) execute and serve warrants, subpoenas, such sums as may be necessary to carry out sub- and summons issued under the authority of paragraph (A). Funds appropriated under this the United States; subparagraph shall remain available until ex- (B) make arrests without warrant; and pended. (C) make seizures of property to carry out (e) Virgin Islands the purposes of sections 1494 to 1494c of this (1) There are authorized to be appropriated for title, the Controlled Substances Import and grants to the Government of the Virgin Islands, Export Act (21 U.S.C. 951–970), and any other $2,000,000 for fiscal year 1990 and annually there- applicable narcotics laws of the United States. after to carry out the purposes of sections 1494 (2) The Attorney General and the Secretaries to 1494c of this title to be expended in accord- of Education and Health and Human Services of ance with a plan approved by the Secretary of the United States, as appropriate, are author- the Interior in consultation with the Attorney ized to and, upon request of the Government of General and the Secretaries of Education and the Northern Mariana Islands, shall— Health and Human Services, to remain available (A) train law enforcement officers and other until expended. personnel of the Government of the Northern (2) The United States Coast Guard shall sta- Mariana Islands, and tion a patrol vessel in St. Croix, Virgin Islands. Page 129 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b

(3)(A) The Attorney General and the Secretar- Sections 1494 to 1494c of this title, referred to in sub- ies of Education and Health and Human Services secs. (a)(3), (b)(2), (c)(3), (d)(1), (e)(1), and (f)(1), (2), was of the United States may provide and, upon re- in the original ‘‘this Act’’, and was translated as read- quest of the Government of the Virgin Islands, ing ‘‘this subtitle’’ meaning subtitle A of title V of Pub. L. 99–570 to reflect the probable intent of Con- shall provide appropriate training, technical as- gress. See Short Title note set out under section 1494 of sistance and equipment to the Government of this title. the United States Virgin Islands to carry out the purposes of sections 1494 to 1494c of this title AMENDMENTS and any other Federal or territorial drug or 1988—Subsec. (a)(2). Pub. L. 100–690, § 9302(1), sub- other substance abuse law. stituted ‘‘Secretaries of Education and’’ for ‘‘Secretary (B) There are authorized to be appropriated of’’ and inserted ‘‘, as appropriate,’’ after ‘‘States’’, such sums as may be necessary to carry out sub- ‘‘and, upon request of the Government of American Samoa, shall’’ after ‘‘are authorized to’’, ‘‘and other paragraph (A). Funds appropriated under this personnel’’ after ‘‘officers’’, and ‘‘or other substance’’ subparagraph shall remain available until ex- after ‘‘drug’’. pended. Subsec. (a)(3). Pub. L. 100–690, § 9302(2), substituted (4) To assist in the prosecution of the viola- ‘‘$350,000 for fiscal year 1989 and annually thereafter for tion of the narcotics laws of the United States, grants to the Government of American Samoa to be ex- the Attorney General of the United States shall pended in accordance with a plan approved by the Sec- assign the necessary personnel to serve in the retary of the Interior in consultation with the Attor- office of the United States Attorney for the Vir- ney General and the Secretaries of Education and Health and Human Services’’ for ‘‘$700,000’’ and ‘‘sec- gin Islands appointed pursuant to section 1617 of tions 1494 to 1494c of this title’’ for ‘‘this subsection’’. this title. Subsec. (a)(4). Pub. L. 100–690, § 9302(3), added par. (4). (5) Effective fiscal year 1989, there are author- Subsec. (b)(1). Pub. L. 100–690, § 9303(1), substituted ized to be appropriated for a grant to the Gov- ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and ernment of the Virgin Islands $2,500,000 to be ex- inserted ‘‘and, upon request of the Government of pended in accordance with a plan approved by Guam, shall provide appropriate training,’’ after ‘‘may the Secretary of the Interior in consultation provide’’ and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (b)(2). Pub. L. 100–690, § 9303(2), substituted with the Secretary of Health and Human Serv- ‘‘$500,000 for fiscal year 1989 and annually thereafter for ices for a substance abuse facility. grants to the Government of Guam to be expended in (f) Palau accordance with a plan approved by the Secretary of (1) The Attorney General and the Secretaries the Interior in consultation with the Attorney General and the Secretaries of Education and Health and of Education and Health and Human Services Human Services, to carry out the purposes of sections are authorized to and, upon request of the Gov- 1494 to 1494c of this title, to’’ for ‘‘$1,000,000 to carry out ernment of Palau, shall provide appropriate paragraph (1). Funds appropriated under this paragraph training, technical assistance, and equipment to shall’’. carry out the purposes of sections 1494 to 1494c Subsec. (b)(3). Pub. L. 100–690, § 9303(3), added par. (3). of this title and any other applicable Federal or Subsec. (c)(2). Pub. L. 100–690, § 9304(1), substituted insular drug or other substance abuse laws. ‘‘The Attorney General and the Secretaries of Edu- (2) There are authorized to be appropriated cation and Health and Human Services of the United States, as appropriate, are authorized to and, upon re- $500,000 for fiscal year 1989 and annually there- quest of the Government of the Northern Mariana Is- after for grants to the Government of Palau to lands, shall’’ for ‘‘The Attorney General of the United be expended in accordance with a plan to be ap- States and the Secretary of Health and Human Serv- proved by the Secretary of the Interior in con- ices, as appropriate, are authorized to’’ in introductory sultation with the Attorney General and the provisions, inserted ‘‘and other personnel’’ after ‘‘offi- Secretaries of Education, State, and Health and cers’’ in subpar. (A), and inserted ‘‘or other substance’’ Human Services to carry out the purposes of after ‘‘drug’’ in subpar. (B). sections 1494 to 1494c of this title. Subsec. (c)(3). Pub. L. 100–690, § 9304(2), substituted ‘‘$125,000 for fiscal year 1989 and annually thereafter for (3) To the extent not prohibited under the Con- grants to the Government of the Northern Mariana Is- stitution of Palau, upon written request of the lands to be expended in accordance with a plan ap- President of Palau, the Drug Enforcement Ad- proved by the Secretary of the Interior in consultation ministration, the Federal Bureau of Investiga- with the Attorney General and the Secretaries of Edu- tion, the Secret Service, the Immigration and cation and Health and Human Services’’ for ‘‘$250,000’’ Naturalization Service, and the Customs Service and ‘‘sections 1494 to 1494c of this title’’ for ‘‘this sub- are authorized to investigate any United States section’’. Subsec. (d)(1). Pub. L. 100–690, § 9305(1), substituted criminal laws which are applicable in Palau in ‘‘Puerto Rico $7,000,000 for fiscal year 1989 and $2,000,000 cooperation with law enforcement agencies of annually thereafter for grants to the Government of Palau. Puerto Rico to carry out the purposes of sections 1494 (Pub. L. 99–570, title V, § 5004, Oct. 27, 1986, 100 to 1494c of this title to be expended in accordance with Stat. 3207–155; Pub. L. 100–690, title IX, a plan approved by the Executive Director of the White House Task Force on Puerto Rico in consultation with §§ 9302–9305, 9306(b), 9307, Nov. 18, 1988, 102 Stat. the Attorney General and the Secretaries of Education 4536–4538.) and Health and Human Services, to remain available REFERENCES IN TEXT until expended.’’ for ‘‘Puerto Rico— ‘‘(A) $3,300,000 for the purchase of 2 helicopters; The Controlled Substances Import and Export Act, ‘‘(B) $3,500,000 for the purchase of an aircraft; and referred to in subsecs. (a)(1)(C), (c)(1)(C), is title III of ‘‘(C) $1,000,000 for the purchase and maintenance of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, as amended, 5 high-speed vessels. which is classified principally to subchapter II (§ 951 et Sums appropriated under this paragraph shall remain seq.) of chapter 13 of Title 21, Food and Drugs. For com- available until expended.’’ plete classification of this Act to the Code, see Short Subsec. (d)(4)(A). Pub. L. 100–690, § 9305(2), substituted Title note set out under section 951 of Title 21 and ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and Tables. inserted ‘‘and, upon request of the Government of Puer- § 1494c TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 130 to Rico, shall provide appropriate training,’’ after CHAPTER 11—ALIEN OWNERS OF LAND ‘‘may provide’’ and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (e)(1). Pub. L. 100–690, § 9306(b)(1), substituted Sec. ‘‘Virgin Islands, $2,000,000 for fiscal year 1990 and annu- 1501. Lands in Territories. ally thereafter to carry out the purposes of sections 1502. Previously acquired lands; bona fide resident 1494 to 1494c of this title to be expended in accordance aliens; mining or incorporated village with a plan approved by the Secretary of the Interior lands. in consultation with the Attorney General and the Sec- 1503. Acquisition by inheritance, in collection of retaries of Education and Health and Human Services, debts, etc. 1504. Conveyance of lands in Territories by aliens to remain available until expended.’’ for ‘‘Virgin Is- before escheat proceedings. lands— 1505. Proceedings for escheat of improperly held ‘‘(A) $3,000,000 for 2 patrol vessels, tracking equip- lands. ment, supplies, and agents, and 1506. Condemnation and sale of lands in escheat ‘‘(B) $1,000,000 for programs to prevent and treat proceedings. narcotics abuse, such sums to remain available until 1507. Public lands. expended.’’ 1508. Application to District of Columbia. Subsec. (e)(2). Pub. L. 100–690, § 9306(b)(2), substituted 1509 to 1512. Omitted. ‘‘shall’’ for ‘‘should’’. Subsec. (e)(3)(A). Pub. L. 100–690, § 9306(b)(3), sub- § 1501. Lands in Territories stituted ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and inserted ‘‘and, upon request of the Government No alien or person who is not a citizen of the of the Virgin Islands, shall provide appropriate train- United States, or who has not declared his in- ing,’’ after ‘‘may provide’’ and ‘‘or other substance’’ tention to become a citizen of the United States after ‘‘drug’’. in the manner provided by law shall acquire Subsec. (e)(4), (5). Pub. L. 100–690, § 9306(b)(4), added title to or own any land in any of the Territories pars. (4) and (5). of the United States except as hereinafter pro- Subsec. (f). Pub. L. 100–690, § 9307, added subsec. (f). vided. The prohibition of this section shall not TRANSFER OF FUNCTIONS apply to cases in which the right to hold or dis- For transfer of functions, personnel, assets, and li- pose of lands in the United States is secured by abilities of the United States Customs Service of the existing treaties to citizens or subjects of for- Department of the Treasury, including functions of the eign countries, which rights, so far as they may Secretary of the Treasury relating thereto, to the Sec- exist by force of any such treaty, shall continue retary of Homeland Security, and for treatment of re- to exist so long as such treaties are in force, and lated references, see sections 203(1), 551(d), 552(d), and no longer. 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- (Mar. 3, 1887, ch. 340, § 1, 24 Stat. 476; Mar. 2, 1897, ber 25, 2002, as modified, set out as a note under section ch. 363, 29 Stat. 618.) 542 of Title 6. For transfer of the functions, personnel, assets, and CODIFICATION obligations of the United States Secret Service, includ- Section was formerly classified to section 71 of Title ing the functions of the Secretary of the Treasury re- 8, Aliens and Nationality. lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections § 1502. Previously acquired lands; bona fide resi- 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, dent aliens; mining or incorporated village and the Department of Homeland Security Reorganiza- lands tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. This chapter shall not apply to land owned in For transfer of authorities, functions, personnel, and any of the Territories of the United States by assets of the Coast Guard, including the authorities aliens, which was acquired on or before March 3, and functions of the Secretary of Transportation relat- 1887, so long as it is held by the then owners, ing thereto, to the Department of Homeland Security, their heirs or legal representatives, nor to any and for treatment of related references, see sections alien who shall become a bona fide resident of 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- the United States, and any alien who shall be- ganization Plan of November 25, 2002, as modified, set come a bona fide resident of the United States, out as a note under section 542 of Title 6. or shall have declared his intention to become a citizen of the United States in the manner pro- ABOLITION OF IMMIGRATION AND NATURALIZATION vided by law, shall have the right to acquire and SERVICE AND TRANSFER OF FUNCTIONS hold lands in either of the Territories of the For abolition of Immigration and Naturalization United States upon the same terms as citizens Service, transfer of functions, and treatment of related of the United States. If any such resident alien references, see note set out under section 1551 of Title shall cease to be a bona fide resident of the 8, Aliens and Nationality. United States then such alien shall have ten § 1494c. Drug Enforcement Agency personnel as- years from the time he ceases to be such bona signments fide resident in which to alienate such lands. This chapter shall not be construed to prevent To assist in the enforcement of the controlled any persons not citizens of the United States substances laws of the United States in coordi- from acquiring or holding lots or parcels of nation with law enforcement officers in insular lands in any incorporated or platted city, town, areas in the eastern Caribbean and in the cen- or village, or in any mine or mining claim, in tral and western Pacific, the Administrator of any of the Territories of the United States. the Drug Enforcement Administration shall as- sign appropriate personnel and other resources (Mar. 3, 1887, ch. 340, § 2, 24 Stat. 477; Mar. 2, 1897, to the Virgin Islands and Guam. ch. 363, 29 Stat. 618.) (Pub. L. 99–570, title V, § 5005, as added Pub. L. CODIFICATION 100–690, title IX, § 9310, Nov. 18, 1988, 102 Stat. Section was formerly classified to section 72 of Title 4539.) 8, Aliens and Nationality. Page 131 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1507

§ 1503. Acquisition by inheritance, in collection lands of which he may have actual or construc- of debts, etc. tive notice. In the event personal notice cannot be obtained in some one of the modes above pro- This chapter shall not prevent aliens from ac- vided, then said notice shall be given by publica- quiring lands or any interests therein by inher- tion in some newspaper published in the county itance or in the ordinary course of justice in the where the land is situate, and if no newspaper is collection of debts, nor from acquiring liens on published in said county then the said notice real estate or any interest therein, nor from shall be published in some newspaper nearest lending money and securing the same upon real said county. estate or any interest therein; nor from enforc- ing any such lien, nor from acquiring and hold- (Mar. 3, 1887, ch. 340, § 5, as added Mar. 2, 1897, ch. ing title to such real estate, or any interest 363, 29 Stat. 619.) therein, upon which a lien may have heretofore CODIFICATION or may hereafter be fixed, or upon which a loan of money may have been heretofore or hereafter Section was formerly classified to section 75 of Title may be made and secured. All lands so acquired 8, Aliens and Nationality. shall be sold within ten years after title shall be § 1506. Condemnation and sale of lands in es- perfected in him under said sale or the same cheat proceedings shall escheat to the United States and be for- feited as provided in sections 1504 to 1507 of this If it shall be determined upon the trial of any title. such escheat proceedings that the lands are held contrary to the provisions of this chapter, the (Mar. 3, 1887, ch. 340, § 3, 24 Stat. 477; Mar. 2, 1897, court trying said cause shall render judgment ch. 363, 29 Stat. 618.) condemning such lands and shall order the same CODIFICATION to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, Section was formerly classified to section 73 of Title shall be paid to the clerk of such court so ren- 8, Aliens and Nationality. dering judgment, and said fund shall remain in § 1504. Conveyance of lands in Territories by the hands of such clerk for one year from the aliens before escheat proceedings date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal Any alien who shall hold lands in any of the representatives; and if not claimed within the Territories of the United States in contraven- period of one year, such clerk shall pay the same tion of the provisions of this chapter may never- into the treasury of the Territory in which the theless convey his title thereto at any time be- lands may be situated, for the benefit of the fore the institution of escheat proceedings as available school fund of said Territory. The de- hereinafter provided. If any such conveyance fendant in any such escheat proceedings may, at shall be made by such alien, either to an alien or any time before final judgment, suggest and to a citizen of the United States, in trust and for show to the court that he has conformed with the purpose and with the intention of evading the law, either becoming a bona fide resident of the provisions of this chapter, such conveyance the United States, or by declaring his intention shall be null and void, and any such lands so of becoming a citizen of the United States, or by conveyed shall be forfeited and escheat to the the doing or happening of any other act which, United States. under the provisions of this chapter, would enti- (Mar. 3, 1887, ch. 340, § 4, 24 Stat. 477; Mar. 2, 1897, tle him to hold or own real estate, which being ch. 363, 29 Stat. 618.) admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney CODIFICATION fee to be fixed by the court. Section was formerly classified to section 74 of Title (Mar. 3, 1887, ch. 340, § 6, as added Mar. 2, 1897, ch. 8, Aliens and Nationality. 363, 29 Stat. 619.)

§ 1505. Proceedings for escheat of improperly CODIFICATION held lands Section was formerly classified to section 76 of Title It shall be the duty of the Attorney General of 8, Aliens and Nationality. the United States, when he shall be informed or have reason to believe that lands in any of the § 1507. Public lands Territories of the United States are being held This chapter shall not in any manner be con- contrary to the provisions of this chapter, to in- strued to authorize aliens to acquire title from stitute or cause to be instituted suit in behalf of the United States to any of the public lands of the United States in the district court of the the United States or to in any manner affect or Territory in the district where such land or a change the laws regulating the disposal of the part thereof may be situated, praying for the es- public lands of the United States. cheat of the same on behalf of the United States (Mar. 3, 1887, ch. 340, § 7, as added Mar. 2, 1897, ch. to the United States. Before any such suit is in- 363, 29 Stat. 619; amended Feb. 23, 1905, ch. 733, stituted the Attorney General shall give or § 1, 33 Stat. 733.) cause to be given ninety days’ notice by reg- istered letter of his intention to sue, or by per- CODIFICATION sonal notice directed to or delivered to the Act Feb. 23, 1905, set out as section 1508 of this title, owner of said land, or the person who last ren- made sections 1501 to 1507 of this title applicable to the dered the same for taxation, or his agent, and to District of Columbia, on the basis of which certain pro- all other persons having an interest in such visions of this section were omitted. § 1508 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 132

Section was formerly classified to section 77 of Title Sec. 8, Aliens and Nationality. 1573. Time, frequency, and duration of regular ses- sions; special sessions; place of holding. § 1508. Application to District of Columbia 1574. Legislative powers and activities. 1574–1. Applicability of laws referred to in section Aliens shall have the same rights and privi- 502(a)(1) of Covenant to Establish a Com- leges concerning the acquisition, holding, own- monwealth of the Northern Mariana Is- ing, and disposition of real estate in the District lands. of Columbia as are conferred upon aliens in re- 1574a. Revenue bonds or other obligations. spect of real estate in the Territories of the 1574b. Federal guarantee for issuance of revenue United States by this chapter. bonds or other obligations. 1574c. Priority for payment of principal and interest (Feb. 23, 1905, ch. 733, § 1, 33 Stat. 733.) of revenue bonds or other obligations. 1574d. Repealed. CODIFICATION 1575. Legislative procedure. Section was formerly classified to section 78 of Title 1576. General elections; time; transfer of Council 8, Aliens and Nationality. functions, property, etc. Section was not enacted as part of act Mar. 3, 1887, SUBCHAPTER IV—EXECUTIVE BRANCH ch. 340, 24 Stat. 476, which comprises this chapter. 1591. Governor and Lieutenant Governor; election; REPEALS eligibility; official residence; powers and duties; report. Act Feb. 23, 1905, ch. 733, § 2, 33 Stat. 733, repealed all 1592. Repealed. laws and parts of laws so far as they conflict with the 1593. Initiative and recall. provisions of this section. 1594. Repealed. §§ 1509 to 1512. Omitted 1595. Vacancy in office of Governor or Lieutenant Governor. CODIFICATION 1596. Repealed. 1597. Reorganization of government. Sections 1509 to 1512, relating to Territory of Hawaii, 1598. Omitted. were omitted in view of the admission of Hawaii into 1599. Transfer of functions from government comp- the Union. Sections were formerly classified to sections troller for Virgin Islands to Inspector Gen- 83 to 86 of Title 8, Aliens and Nationality. eral, Department of the Interior. Section 1509, acts Apr. 30, 1900, ch. 339, § 73(f), 31 Stat. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, SUBCHAPTER V—JUDICIAL BRANCH ch. 42, § 304, 42 Stat. 117, set out requirements for aliens 1611. District Court of Virgin Islands; local courts; who would be entitled to receive any certificate of oc- jurisdiction; practice and procedure. cupation, right of purchase lease, cash freehold agree- 1612. Jurisdiction of District Court. ment, or special homestead agreement in public lands 1613. Relations between courts of United States in Hawaii. Section was also classified to section 667 of and courts of Virgin Islands; review by this title. United States Court of Appeals for Third Section 1510, acts Apr. 30, 1900, ch. 339, § 73(g), 31 Stat. Circuit; reports to Congress; rules. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, 1613a. Appellate jurisdiction of District Court; pro- ch. 42, § 304, 42 Stat. 117, restricted conveyance or other cedure; review by United States Court of transfer of public lands in Hawaii to aliens. Section was Appeals for Third Circuit; rules; appeals to also classified to section 668 of this title. appellate court. Section 1511, acts Apr. 30, 1900, ch. 338, § 73(j), 31 Stat. 1614. Judges of District Court. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, 1615. Judicial divisions. ch. 42, § 306, 42 Stat. 118, gave commissioner, with ap- 1616. Trial by jury. proval of governor, the right to give preferences in pur- 1617. United States attorney; appointment; duties. chasing of public lands. Section was also classified to SUBCHAPTER VI—SYSTEM OF ACCOUNTS section 671 of this title. Section 1512, acts Apr. 30, 1900, ch. 339, § 73(l), 31 Stat. 1631. Establishment and maintenance; scope. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, 1632. Repealed. ch. 42, § 308, 42 Stat. 118, authorized sale of agricultural SUBCHAPTER VII—FISCAL PROVISIONS land in Hawaii for residential purposes to persons de- claring intention to become citizens. Section was also 1641. Method of payment of official salaries. classified to section 673 of this title. 1642. Use of certain proceeds for expenditure; in- come tax obligations of inhabitants. CHAPTER 12—VIRGIN ISLANDS [1954] 1642a. Availability of collected customs duties for expenditures as Legislature may provide. SUBCHAPTER I—GENERAL PROVISIONS 1643. Import provisions with respect to trade- Sec. marks. 1541. Organization and status. 1644. Import duties on articles entering United 1542. Voting franchise; discrimination prohibited. States or possessions from Virgin Islands. 1543. United States citizenship requirement for 1645. Remittance of duties, taxes, and fees to be government officials. collected in next fiscal year; authorization, 1544. Reports by Governor; jurisdiction of Sec- prerequisites, amount, etc. retary of the Interior; exceptions. CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: 1545. Lease and sale of public property; conveyance ESTABLISHMENT; CONGRESSIONAL AUTHORIZATION of title in certain lands to the government of Virgin Islands. Pub. L. 94–584, Oct. 21, 1976, 90 Stat. 2899, as amended 1546. Authorization of appropriations. by Pub. L. 96–597, title V, § 501, Dec. 24, 1980, 94 Stat. 3479; Pub. L. 111–194, § 2, June 30, 2010, 124 Stat. 1310, SUBCHAPTER II—BILL OF RIGHTS provided: 1561. Rights and prohibitions. ‘‘[Section 1. Authorization to organize governments] That the Congress, recognizing the basic democratic SUBCHAPTER III—LEGISLATIVE BRANCH principle of government by the consent of the governed, 1571. Legislature. authorizes the peoples of the Virgin Islands and of 1572. Legislators. Guam, respectively, to organize governments pursuant Page 133 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1541 to constitutions of their own adoption as provided in ‘‘(A) notify the convention, the Governor, and this Act. Congress of the comments of the President on the ‘‘SEC. 2. [Constitutional conventions and draft provi- revised proposed constitution; and sions] (a) The Legislatures of the Virgin Islands and ‘‘(B) publish the comments in the Federal Reg- Guam, respectively, are authorized to call constitu- ister. tional conventions to draft, within the existing terri- ‘‘(d) As so approved or modified under subsection (b) torial-Federal relationship, constitutions for the local (or, if revised pursuant to subsection (c), on publication self-government of the people of the Virgin Islands and of the comments of the President in the Federal Reg- Guam. ister), the constitutions shall be submitted to the ‘‘(b) Such constitutions shall— qualified voters of the Virgin Islands and Guam, respec- ‘‘(1) recognize, and be consistent with, the sov- tively, for acceptance or rejection through islandwide ereignty of the United States over the Virgin Islands referendums to be conducted as provided under the laws and Guam, respectively, and the supremacy of the of the Virgin Islands and Guam, respectively, (enacted provisions of the Constitution, treaties, and laws of after the date of enactment of this Act) [Oct. 21, 1976]. the United States applicable to the Virgin Islands ‘‘(e) Upon approval by not less than a majority of the and Guam, respectively, including, but not limited votes (counting only the affirmative or negative votes) to, those provisions of the Organic Act [section 1405 participating in such referendums, the constitutions et seq. of this title] and Revised Organic Act of the shall become effective in accordance with their terms.’’ Virgin Islands [this chapter] and the Organic Act of Guam [section 1421 et seq. of this title] which do not SUBCHAPTER I—GENERAL PROVISIONS relate to local self-government. ‘‘(2) provide for a republican form of government, § 1541. Organization and status consisting of three branches: executive, legislative, and judicial; (a) Composition and territorial designation ‘‘(3) contain a bill of rights; The provisions of this chapter and the name ‘‘(4) deal with the subject matter of those provi- ‘‘Virgin Islands’’ as used in this chapter, shall sions of the Revised Organic Act of the Virgin Islands apply to and include the territorial domain, is- of 1954, as amended, and the Organic Act of Guam, as amended, respectively, which relate to local self-gov- lands, cays, and waters acquired by the United ernment; States through cession of the Danish West In- ‘‘(5) with reference to Guam, provided that the vot- dian Islands by the convention between the ing franchise may be vested only in residents of United States of America and His Majesty the Guam who are citizens of the United States; King of Denmark entered into August 4, 1916, ‘‘(6) provide for a system of local courts consistent and ratified by the Senate on September 7, 1916 with the provisions of the Revised Organic Act of the (39 Stat. 1706). The Virgin Islands as above de- Virgin Islands, as amended; and scribed are declared an unincorporated territory ‘‘(7) provide for the establishment of a system of local courts the provisions of which shall become ef- of the United States of America. fective no sooner than upon the enactment of legisla- (b) Powers and legal status of government; cap- tion regulating the relationship between the local ital and seat of government courts of Guam with the Federal judicial system. ‘‘SEC. 3. [Selection and qualification of members] The The government of the Virgin Islands shall members of such constitutional conventions shall be have the powers set forth in this chapter and chosen as provided by the laws of the Virgin Islands shall have the right to sue by such name and in and Guam, respectively (enacted after the date of en- cases arising out of contract, to be sued: Pro- actment of this Act [Oct. 21, 1976]): Provided, however, vided, That no tort action shall be brought That no person shall be eligible to be a member of the against the government of the Virgin Islands or constitutional conventions, unless he is a citizen of the against any officer or employee thereof in his of- United States and qualified to vote in the Virgin Is- lands and Guam, respectively. ficial capacity without the consent of the legis- ‘‘SEC. 4. [Submittal of proposed constitutions to gov- lature constituted by subchapter III of this ernors and President] The conventions shall submit to chapter. the Governor of the Virgin Islands a proposed constitu- The capital and seat of government of the Vir- tion for the Virgin Islands and to the Governor of gin Islands shall be located at the city of Char- Guam a proposed constitution for Guam which shall lotte Amalie, in the island of Saint Thomas. comply with the requirements set forth in section 2(b) above. Such constitutions shall be submitted to the (c) Administrative supervision by Secretary of President of the United States by the Governors of the the Interior Virgin Islands and Guam. The relations between such government and ‘‘SEC. 5. [Transmittal to Congress and submittal to the Federal Government in all matters not the voters] (a) Within sixty calendar days after the respec- tive date on which he has received each constitution, program responsibility of another Federal de- the President shall transmit such constitution together partment or agency shall be under the general with his comments to the Congress. administrative supervision of the Secretary of ‘‘(b) The constitution, in each case, shall be deemed the Interior. to have been approved by the Congress within 60 legis- lative days after its submission by the President, un- (July 22, 1954, ch. 558, § 2, 68 Stat. 497; Pub. L. less prior to that date the Congress has approved the 90–496, § 13, Aug. 23, 1968, 82 Stat. 842.) constitution, or modified or amended it, in whole or in REFERENCES IN TEXT part, or has urged the constitutional convention to re- convene, by joint resolution. This chapter, referred to in subsecs. (a) and (b), was ‘‘(c) REVISION OF PROPOSED CONSTITUTION.— in the original ‘‘this Act’’, meaning act July 22, 1954, ‘‘(1) IN GENERAL.—If a convention reconvenes and ch. 558, 68 Stat. 497, as amended, known as the Revised revises the proposed constitution, the convention Organic Act of the Virgin Islands, which enacted this shall resubmit the revised proposed constitution si- chapter, amended sections 104 and 111 of Title 21, Food multaneously to the Governor of the Virgin Islands and Drugs, and section 3350 of former Title 26, Internal and the President. Revenue Code (see section 7652(b)(3) of Title 26), and en- ‘‘(2) COMMENTS OF PRESIDENT.—Not later than 60 acted provisions set out as notes under this section. calendar days after the date of receipt of the revised For complete classification of this Act to the Code, see proposed constitution, the President shall— Short Title note below and Tables. § 1542 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 134

AMENDMENTS United States, twenty-one years of age or over. 1968—Subsec. (c). Pub. L. 90–496 added subsec. (c). Additional qualifications may be prescribed by the legislature: Provided, however, That no prop- EFFECTIVE DATE OF 1968 AMENDMENT erty, language, or income qualification shall Amendment of provisions of section necessary to au- ever be imposed upon or required of any voter, thorize the holding of an election for Governor and nor shall any discrimination in qualification be Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, made or based upon difference in race, color, unless otherwise expressly provided by Pub. L. 90–496, sex, or religious belief. effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set (b) The legislature shall have authority to out as a note under section 1591 of this title. enact legislation establishing the voting age for residents of the Virgin Islands at an age not EFFECTIVE DATE lower than eighteen years of age, if a majority Act July 22, 1954, ch. 558, § 34, 68 Stat. 510, provided of the qualified voters in the Virgin Islands ap- that: ‘‘This Act [see Short Title note below] shall take effect upon its approval [July 22, 1954], but until its prove in a referendum election held for that pur- provisions shall severally become operative as herein pose. provided, the corresponding legislative, executive, and (July 22, 1954, ch. 558, § 4, 68 Stat. 498; Pub. L. judicial functions of the existing government shall con- 91–460, Oct. 16, 1970, 84 Stat. 978.) tinue to be exercised as now provided by law or ordi- nance, and the incumbents of all offices under the gov- AMENDMENTS ernment of the Virgin Islands shall continue in office until their successors are appointed and have qualified 1970—Pub. L. 91–460 designated existing provisions as unless sooner removed by competent authority. The en- subsec. (a) and added subsec. (b). actment of this Act shall not affect the term of office § 1543. United States citizenship requirement for of the judge of the District Court of the Virgin Islands in office on the date of its enactment [July 22, 1954].’’ government officials

SHORT TITLE OF 1968 AMENDMENT All members of the Legislature of the Virgin Pub. L. 90–496, § 17, Aug. 23, 1968, 82 Stat. 842, provided Islands, the Governor, the Lieutenant Governor, that: ‘‘This Act [enacting section 336 of Title 10, Armed all judges and all officials of the government of Forces, amending this section and sections 1561, 1572, the Virgin Islands who report directly to the 1573, 1574, 1575, 1591, 1593, 1595, 1597, 1599, and 1641 of this Governor shall be citizens of the United States. title, repealing sections 1594, 1596, and 1632 of this title, and enacting provisions set out as a note under section (July 22, 1954, ch. 558, § 29, 68 Stat. 509; Pub. L. 1591 of this title] may be cited as the ‘Virgin Islands 98–213, § 5(a), Dec. 8, 1983, 97 Stat. 1460.) Elective Governor Act’.’’ AMENDMENTS SHORT TITLE OF 1959 AMENDMENT 1983—Pub. L. 98–213 amended section generally, sub- Pub. L. 86–289, § 1, Sept. 16, 1959, 73 Stat. 568, provided: stituting provisions requiring United States citizenship ‘‘That this Act [amending sections 1573, 1597, and 1617 of for all members of the Legislature of the Virgin Is- this title] may be cited as the ‘Virgin Islands Organic lands, the Governor, Lieutenant Governor and all offi- Act Amendments of 1959’.’’ cials who report directly to the Governor for provisions requiring such citizenship for all officers of the Virgin SHORT TITLE Islands, and struck out provisions requiring written Act July 22, 1954, ch. 558, § 1, 68 Stat. 497, provided oaths and prescribing the oath. that: ‘‘This Act [enacting this chapter, amending sec- tions 104 and 111 of Title 21, Food and Drugs, and sec- § 1544. Reports by Governor; jurisdiction of Sec- tions 3350 of former Title 26, Internal Revenue Code (see retary of the Interior; exceptions section 7652(b)(3) of Title 26), and enacting provisions set out as notes under this section] may be cited as the All reports required by law to be made by the ‘Revised Organic Act of the Virgin Islands’.’’ Governor to any official of the United States shall hereafter be made to the Secretary of the SEPARABILITY Interior, and the President is authorized to Act July 22, 1954, ch. 558, § 36, 68 Stat. 510, provided place all matters pertaining to the government that: ‘‘If any clause, sentence, paragraph, or part of of the Virgin Islands under the jurisdiction of this Act [see Short Title note above], or the application the Secretary of the Interior, except matters re- thereof to any person, or circumstances, is held invalid, the application thereof to other persons, or circum- lating to the judicial branch of said government stances, and the remainder of the Act, shall not be af- which on July 22, 1954 are under the supervision fected thereby.’’ of the Director of the Administrative Office of the United States Courts, and the matters relat- CONGRESSIONAL APPROVAL OF PROPOSED CONSTITUTION ing to the United States Attorney and the FOR UNITED STATES VIRGIN ISLANDS United States Marshal which on July 22, 1954 are Pub. L. 97–21, July 9, 1981, 95 Stat. 105, set out the under the supervision of the Attorney General. text of the Constitution for the United States Virgin Islands and provided that the Constitution is approved (July 22, 1954, ch. 558, § 30, 68 Stat. 509.) for submission to the people of the Virgin Islands in ac- cordance with the provisions of Public Law 94–584, set § 1545. Lease and sale of public property; convey- out as a note preceding this section. ance of title in certain lands to the govern- SUBMERGED LANDS, CONVEYANCE TO TERRITORY ment of Virgin Islands Conveyance of submerged lands to the government of (a) The Secretary of the Interior shall be au- the Virgin Islands, see section 1701 et seq. of this title. thorized to lease or to sell upon such terms as he may deem advantageous to the Government of § 1542. Voting franchise; discrimination prohib- the United States any property of the United ited States under his administrative supervision in (a) The franchise shall be vested in residents the Virgin Islands not needed for public pur- of the Virgin Islands who are citizens of the poses. Page 135 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1561

(b)(1) All right, title, and interest of the fronted with the witnesses against him, and to United States in the property placed under the have compulsory process for obtaining witnesses control of the government of the Virgin Islands in his favor. by section 1405c(a) of this title, not reserved to No person shall be held to answer for a crimi- the United States by the Secretary of the Inte- nal offense without due process of law, and no rior within one hundred and twenty days after person for the same offense shall be twice put in October 5, 1974, is hereby conveyed to such gov- jeopardy of punishment, nor shall be compelled ernment. The conveyance effected by the preced- in any criminal cause to give evidence against ing sentence shall not apply to that land and himself; nor shall any person sit as judge or other property which on October 5, 1974, is ad- magistrate in any case in which he has been en- ministered by the Secretary of the Interior as gaged as attorney or prosecutor. part of the National Park System and such All persons shall be bailable by sufficient sure- lands and other property shall be retained by ties in the case of criminal offenses, except for the United States. first-degree murder or any capital offense when (2) Subject to valid existing rights, title to all the proof is evident or the presumption great. property in the Virgin Islands which may have Excessive bail shall not be required, nor exces- been acquired by the United States from Den- sive fines imposed, nor cruel and unusual pun- mark under the Convention entered into August ishment inflicted. 16, 1916, not reserved or retained by the United No law impairing the obligation of contracts States in accordance with the provisions of Pub- shall be enacted. lic Law 93–435 (88 Stat. 1210) is hereby trans- No person shall be imprisoned or shall suffer ferred to the Virgin Islands government. forced labor for debt. All persons shall have the privilege of the writ (July 22, 1954, ch. 558, § 31, 68 Stat. 510; Pub. L. of habeas corpus and the same shall not be sus- 93–435, § 3, Oct. 5, 1974, 88 Stat. 1211; Pub. L. pended except as herein expressly provided. 96–205, title IV, § 401(a), Mar. 12, 1980, 94 Stat. 88.) No ex post facto law or bill of attainder shall be enacted. REFERENCES IN TEXT Private property shall not be taken for public Public Law 93–435 (88 Stat. 1210), referred to in subsec. use except upon payment of just compensation (b)(2), is Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, as ascertained in the manner provided by law. amended, which enacted sections 1705 to 1708 of this The right to be secure against unreasonable title, amended this section, and repealed sections 1701 searches and seizures shall not be violated. to 1703 of this title. For complete classification of this No warrant for arrest or search shall issue, but Act to the Code, see Tables. upon probable cause, supported by oath or affir- AMENDMENTS mation, and particularly describing the place to 1980—Subsec. (b). Pub. L. 96–205 designated existing be searched and the persons or things to be provisions as par. (1) and added par. (2). seized. 1974—Subsec. (b). Pub. L. 93–435 substituted provi- Slavery shall not exist in the Virgin Islands. sions conveying to the government of Virgin Islands Involuntary servitude, except as a punishment title in lands now under its control with power to the for crime whereof the party shall have been duly Secretary of the Interior to reserve rights to the convicted by a court of law, shall not exist in United States within 120 days after Oct. 5, 1974, with the Virgin Islands. the exception of land and property being administered No law shall be passed abridging the freedom by the Secretary of the Interior as part of the National of speech or of the press or the right of the peo- Park System, for provisions that the government of ple peaceably to assembly 1 and petition the gov- Virgin Islands shall continue to have control over all public property under its control on July 22, 1954. ernment for the redress of grievances. No law shall be made respecting an establish- SUBMERGED LANDS, CONVEYANCE TO TERRITORY ment of religion or prohibiting the free exercise Conveyance of submerged lands to the government of thereof. the Virgin Islands, see section 1701 et seq. of this title. No person who advocates, or who aids or be- longs to any party, organization, or association § 1546. Authorization of appropriations which advocates, the overthrow by force or vio- lence of the government of the Virgin Islands or There are authorized to be appropriated annu- of the United States shall be qualified to hold ally by the Congress of the United States such any office of trust or profit under the govern- sums as may be necessary and appropriate to ment of the Virgin Islands. carry out the provisions and purposes of this No money shall be paid out of the Virgin Is- chapter. lands treasury except in accordance with an Act (July 22, 1954, ch. 558, § 35, 68 Stat. 510.) of Congress or money bill of the legislature and on warrant drawn by the proper officer. SUBCHAPTER II—BILL OF RIGHTS The contracting of polygamous or plural mar- riages is prohibited. § 1561. Rights and prohibitions The employment of children under the age of No law shall be enacted in the Virgin Islands sixteen years in any occupation injurious to which shall deprive any person of life, liberty, or health or morals or hazardous to life or limb is property without due process of law or deny to prohibited. any person therein equal protection of the laws. Nothing contained in this chapter shall be In all criminal prosecutions the accused shall construed to limit the power of the legislature enjoy the right to be represented by counsel for herein provided to enact laws for the protection his defense, to be informed of the nature and of life, the public health, or the public safety. cause of the accusation, to have a copy thereof, to have a speedy, and public trial, to be con- 1 So in original. Probably should be ‘‘assemble’’. § 1571 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 136

No political or religious test other than an 1958—Pub. L. 85–851 prohibited political or religious oath to support the Constitution and the laws of test but required loyalty oath as qualification to any the United States applicable to the Virgin Is- office or public trust. lands, and the laws of the Virgin Islands, shall EFFECTIVE DATE OF 1984 AMENDMENT be required as a qualification to any office or Amendment by Pub. L. 98–454 effective on ninetieth public trust under the Government of the Virgin day following Oct. 5, 1984, see section 1005 of Pub. L. Islands. 98–454, set out as a note under section 1424 of this title. The following provisions of and amendments to the Constitution of the United States are EFFECTIVE DATE OF 1968 AMENDMENT hereby extended to the Virgin Islands to the ex- Pub. L. 90–496, § 11, Aug. 23, 1968, 82 Stat. 841, provided tent that they have not been previously ex- that the amendment made by that section is effective tended to that territory and shall have the same on the date of enactment of Pub. L. 90–496, which was force and effect there as in the United States or approved Aug. 23, 1968. in any State of the United States: article I, sec- SUBCHAPTER III—LEGISLATIVE BRANCH tion 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; article VI, clause 3; the first § 1571. Legislature to ninth amendments inclusive; the thirteenth (a) Designation and unicameral character amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth The legislative power and authority of the and nineteenth amendments: Provided, however, Virgin Islands shall be vested in a legislature, That all offenses against the laws of the United consisting of one house, to be designated the States and the laws of the Virgin Islands which ‘‘Legislature of the Virgin Islands’’, herein re- are prosecuted in the district court pursuant to ferred to as the legislature. sections 2 1612(a) and (c) of this title may be had (b) Composition; legislative districts; method of by indictment by grand jury or by information, elections and that all offenses against the laws of the Vir- The legislature shall be composed of members gin Islands which are prosecuted in the district to be known as senators. The number of such court pursuant to section 1612(b) of this title or senators shall be determined by the laws of the in the courts established by local law shall con- Virgin Islands. The apportionment of the legis- tinue to be prosecuted by information, except lature shall be as provided by the laws of the such as may be required by local law to be pros- Virgin Islands: Provided, That such apportion- ecuted by indictment by grand jury. ment shall not deny to any person in the Virgin All laws enacted by Congress with respect to Islands the equal protection of the law: And pro- the Virgin Islands and all laws enacted by the vided further, That every voter in any district territorial legislature of the Virgin Islands election or at large election shall be permitted which are inconsistent with the provisions of to vote for the whole number of persons to be 2 this subsection are repealed to the extent of elected in that district election or at large elec- such inconsistency. tion as the case may be. Until the legislature (July 22, 1954, ch. 558, § 3, 68 Stat. 497; Pub. L. shall provide otherwise, four members shall be 85–851, § 1, Aug. 28, 1958, 72 Stat. 1094; Pub. L. elected at large, five shall be elected from the 90–496, § 11, Aug. 23, 1968, 82 Stat. 841; Pub. L. District of Saint Thomas, five from the District 98–213, § 5(d), Dec. 8, 1983, 97 Stat. 1460; Pub. L. of Saint Croix, and one from the District of 98–454, title VII, § 701, Oct. 5, 1984, 98 Stat. 1737.) Saint John, as those Districts were constituted

REFERENCES IN TEXT on July 22, 1954, This chapter, referred to in text, was in the original (July 22, 1954, ch. 558, § 5, 68 Stat. 498; Pub. L. ‘‘this Act’’, meaning act July 22, 1954, ch. 558, 68 Stat. 89–548, § 1, Aug. 30, 1966, 80 Stat. 371; Pub. L. 497, as amended, known as the Revised Organic Act of 106–364, § 1, Oct. 27, 2000, 114 Stat. 1408.) the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to AMENDMENTS the Code, see Short Title note set out under section 2000—Subsec. (b). Pub. L. 106–364 struck out ‘‘fifteen’’ 1541 of this title and Tables. after ‘‘composed of’’ in first sentence and inserted ‘‘The number of such senators shall be determined by the AMENDMENTS laws of the Virgin Islands.’’ after first sentence. 1984—Pub. L. 98–454 substituted provisions to the ef- 1966—Subsec. (b). Pub. L. 89–548 raised from eleven to fect that offenses prosecuted under section 1612(a) and fifteen the total number of senators in the legislature, (c) of this title shall be prosecuted by indictment or in- substituted provision that the legislature be appor- formation while those prosecuted under section 1612(b) tioned according to the laws of the Virgin Islands for of this title shall be prosecuted by information only, provisions spelling out the division of the Virgin Is- for provisions which provided that all prosecutions lands into districts, the composition of each such dis- would be by information except where provided other- trict, and the district and at-large representation wise by local laws in the proviso in penultimate par. breakdown of the senators in the legislature, struck 1983—Pub. L. 98–213 inserted ‘‘article VI, clause 3;’’ in out provision for the casting of a ballot for two can- penultimate par. didates by each elector in at-large elections and the 1968—Pub. L. 90–496 inserted provisions extending to drawing of lots to determine placement on the ballot in the Virgin Islands the enumerated provisions of and at-large elections, prohibited apportionment in a way amendments to the Constitution of the United States, which would deny equal protection of the law, and pro- and provisions repealing, to the extent of any incon- vided for temporary apportionment until the legisla- sistency, all laws enacted by Congress with respect to ture provided otherwise from the districts as con- the Virgin Islands and all laws enacted by the terri- stituted on July 22, 1954. torial legislature of the Virgin Islands which are incon- sistent with the provisions of this section. EFFECTIVE DATE OF 1966 AMENDMENT Pub. L. 89–548, § 2, Aug. 30, 1966, 80 Stat. 371, provided 2 So in original. Probably should be ‘‘section’’. that: ‘‘This Act [amending this section] shall be effec- Page 137 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1572 tive with respect to the legislature to be elected at the of which have been increased, while he was a regular general election in November 1966, and there- member, during the term for which he was elect- after.’’ ed, or during one year after the expiration of such term. § 1572. Legislators (g) General powers; parliamentary rules (a) Terms of office The legislature shall be the sole judge of the The term of office of each member of the legis- elections and qualifications of its members, lature shall be two years. The term of office of shall have and exercise all the authority and at- each member shall commence on the second tributes, inherent in legislative assemblies, and Monday in January following his election: Pro- shall have the power to institute and conduct in- vided, however, That the term of office of each vestigations, issue subpena to witnesses and member elected in November 1958 shall com- other parties concerned, and administer oaths. mence on the second Monday in April 1959 and The rules of the Legislative Assembly of the shall continue until the second Monday in April Virgin Islands existing on July 22, 1954 shall con- 1961, and the term of office of each member tinue in force and effect for sessions of the legis- elected in November 1960 shall commence on the lature, except as inconsistent with this chapter, second Monday in April 1961 and continue until until altered, amended, or repealed by the legis- the second Monday in January 1963. lature. (b) Qualifications of members (h) Vacancies No person shall be eligible to be a member of The Legislature of the Virgin Islands shall by the legislature who is not a citizen of the United law provide the procedure for filling any va- States, who has not attained the age of twenty- cancy in the office of member of the legislature. one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide (July 22, 1954, ch. 558, § 6, 68 Stat. 499; Pub. L. resident of the Virgin Islands for at least three 86–289, § 2(a), (b), Sept. 16, 1959, 73 Stat. 568; Pub. years next preceding the date of his election, or L. 89–98, July 30, 1965, 79 Stat. 423; Pub. L. 90–496, who has been convicted of a felony or of a crime § 8(b), Aug. 23, 1968, 82 Stat. 839; Pub. L. 92–389, involving moral turpitude and has not received Aug. 17, 1972, 86 Stat. 563; Pub. L. 93–130, § 1, Oct. a pardon restoring his civil rights. Federal em- 19, 1973, 87 Stat. 460.) ployees and persons employed in the legislative, REFERENCES IN TEXT executive or judicial branches of the govern- This chapter, referred to in subsec. (g), was in the ment of the Virgin Islands shall not be eligible original ‘‘this Act’’, meaning act July 22, 1954, ch. 558, for membership in the legislature. 68 Stat. 497, as amended, known as the Revised Organic (c) Appointment of electoral officers; popular Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act election of members of boards of election to the Code, see Short Title note set out under section All officers and employees charged with the 1541 of this title and Tables. duty of directing the administration of the elec- AMENDMENTS toral system of the Virgin Islands and its rep- resentative districts shall be appointed in such 1973—Subsec. (h). Pub. L. 93–130 substituted provision manner as the legislature may by law direct: authorizing the Legislature of Virgin Islands to provide Provided, however, That members of boards of by law the procedure for filling vacancies in the mem- bership of the Legislature, for provisions authorizing elections, which entities of government have the Governor of the Virgin Islands to fill any such va- been duly organized and established by the gov- cancy by appointment of resident of the district from ernment of the Virgin Islands, shall be popularly which the member whose office became vacant was elected. elected if the vacancy is that of a Senator and of resi- dent of any part of Virgin Islands if the vacancy is that (d) Immunity of members of a Senator at large, and that such appointee shall No member of the legislature shall be held to serve for the remainder of the unexpired term. answer before any tribunal other than the legis- 1972—Subsec. (b). Pub. L. 92–389 reduced the age quali- lature for any speech or debate in the legisla- fication for membership of legislature from twenty-five ture and the members shall in all cases, except years to twenty-one years. treason, felony, or breach of the peace, be privi- 1968—Subsec. (c). Pub. L. 90–496 inserted proviso re- quiring members of boards of elections, duly organized leged from arrest during their attendance at the by the government, to be popularly elected. sessions of the legislature and in going to and 1965—Subsec. (e). Pub. L. 89–98 substituted provisions returning from the same. empowering the government of the Virgin Islands to fix (e) Compensation and allowances and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and Each member of the legislature shall be paid which required the United States Government to pay such compensation and shall receive such addi- them. tional allowances or benefits as may be fixed 1959—Subsec. (a). Pub. L. 86–289, § 2(a), substituted, in under the laws of the Virgin Islands. Such com- second sentence, ‘‘January’’ for ‘‘April’’, before ‘‘fol- pensation, allowances, or benefits, together with lowing his election’’, and substituted, in proviso, ‘‘1958’’ all other legislative expenses, shall be appro- for ‘‘1954’’, ‘‘April 1959’’ for ‘‘January 1955’’, and ‘‘1961, and the term of office of each member elected in No- priated by, and paid out of funds of, the govern- vember 1960 shall commence on the second Monday in ment of the Virgin Islands. April 1961 and continue until the second Monday in (f) Limitations on holding other office January 1963’’ for ‘‘1957’’. Subsec. (e). Pub. L. 86–289, § 2(b), changed the date of No member of the legislature shall hold or be payment of salaries, increased the per diem from $10 to appointed to any office which has been created $20, and provided that the per diem paid to members of by the legislature, or the salary or emoluments the legislature for official travel outside the Virgin Is- § 1573 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 138 lands should not be at rates in excess of those paid Fed- jects of legislation not inconsistent with this eral Government employees. chapter or the laws of the United States made EFFECTIVE DATE OF 1973 AMENDMENT applicable to the Virgin Islands, but no law shall Pub. L. 93–130, § 2, Oct. 19, 1973, 87 Stat. 460, provided be enacted which would impair rights existing that: ‘‘The amendment made by the first section of this or arising by virtue of any treaty or inter- Act [amending this section] shall apply with respect to national agreement entered into by the United vacancies occurring on or after the date of enactment States, nor shall the lands or other property of of this Act [Oct. 19, 1973].’’ nonresidents be taxed at a higher rate than the EFFECTIVE DATE OF 1968 AMENDMENT lands or other property of residents. Amendment of provisions of section necessary to au- (b) Government bonds; maximum amount; sale, thorize the holding of an election for Governor and interest, etc. Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, (i) The legislature of the government of the 1970, and all other amendments of provisions of section, Virgin Islands may cause to be issued on behalf unless otherwise expressly provided by Pub. L. 90–496, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set of said government bonds or other obligations out as a note under section 1591 of this title. for a public improvement or public undertaking authorized by an act of the legislature. Such § 1573. Time, frequency, and duration of regular bonds or obligations shall be payable solely from sessions; special sessions; place of holding the revenues directly derived from and attrib- (a) Regular sessions of the legislature shall be utable to such public improvement, public held annually, commencing on the second Mon- undertaking, or other project. Bonds issued pur- day in January (unless the legislature shall by suant to paragraph (i) may bear such date or law fix a different date), and shall continue for dates, may be in such denominations, may ma- such term as the legislature may provide. The ture in such amounts and at such time or times, Governor may call special sessions of the legis- not exceeding thirty years from the date there- lature at any time when in his opinion the pub- of, may be payable at such place or places, may lic interest may require it. No legislation shall carry such registration privileges as to either be considered at any special session other than principal and interest, or principal only, and that specified in the call therefor or in any spe- may be executed by such officers and in such cial message by the Governor to the legislature manner as shall be prescribed by the govern- while in such session. All sessions of the legisla- ment of the Virgin Islands. Said bonds may be ture shall be open to the public. redeemable (either with or without premium) or (b) Sessions of the legislature shall be held in nonredeemable. In case any of the officers whose the capital of the Virgin Islands at Charlotte signatures appear on the bonds or coupons shall Amalie, Saint Thomas. cease to be such officers before delivery of such (July 22, 1954, ch. 558, § 7, 68 Stat. 500; Pub. L. bonds, such signature, whether manual or fac- 86–289, § 2(c), Sept. 16, 1959, 73 Stat. 569; Pub. L. simile shall, nevertheless, be valid and sufficient 90–496, § 1, Aug. 23, 1968, 82 Stat. 837.) for all purposes, the same as if such officers had remained in office until such delivery. The AMENDMENTS bonds so issued shall bear interest at a rate not 1968—Subsec. (a). Pub. L. 90–496 substituted provi- to exceed that specified by the legislature, pay- sions that regular sessions of the legislature shall con- able semiannually. All such bonds issued by the tinue for such term as the legislature may provide for government of the Virgin Islands or by its au- provisions that regular sessions shall continue for not thority shall be exempt as to principal and in- more than sixty consecutive calendar days in any cal- endar year, with the proviso that the regular annual terest from taxation by the Government of the session for 1959, 1960, and 1961 shall commence on the United States, or by the government of the Vir- second Monday in April and shall continue for not more gin Islands, or by any State, Territory, or pos- than sixty consecutive calendar days, struck out provi- session or by any political subdivision of any sions that any special session called by the Governor State, Territory or possession, or by the District shall continue for not more than fifteen calendar days, of Columbia. Such bonds shall under no circum- with the aggregate of any such special sessions during stances constitute a general obligation of the any calendar year not to exceed thirty calendar days, Virgin Islands or of the United States. and inserted provision opening to the public all ses- sions of the legislature. (ii)(A) Subject to the provisions of this para- 1959—Subsec. (a). Pub. L. 86–289 substituted ‘‘January graph (ii), the legislature of the government of (unless the legislature shall by law fix a different the Virgin Islands may cause to be issued such date)’’ for ‘‘April’’ and ‘‘regular annual session for each negotiable general obligation bonds or other evi- of the years 1959, 1960, and 1961, respectively, shall com- dence of indebtedness, including but not limited mence on the second Monday in April’’ for ‘‘annual ses- to notes in anticipation of the collection of sion for 1955 shall commence on the second Monday in taxes or revenues, as it may deem necessary and January 1955’’. advisable for any public purpose authorized by EFFECTIVE DATE OF 1968 AMENDMENT the legislature: Provided, That no such indebted- Pub. L. 90–496, § 1, Aug. 23, 1968, 82 Stat. 837, provided ness of the Virgin Islands shall be incurred in that the amendment made by that section is effective excess of 10 per centum of the aggregate as- on date of enactment of Pub. L. 90–496, which was ap- sessed valuation of the taxable real property in proved Aug. 23, 1968. the Virgin Islands. Bonds issued pursuant to this § 1574. Legislative powers and activities paragraph (ii) shall bear such date or dates, may be in such denominations, may mature in such (a) Scope of authority; limitation on enactments amounts and at such time or times, not exceed- and taxation ing thirty years from the date thereof, may be The legislative authority and power of the payable at such place or places, may be sold at Virgin Islands shall extend to all rightful sub- either public or private sale, may be redeemable Page 139 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1574

(either with or without premium) or nonredeem- fect by this chapter, except as herein otherwise able, may carry such registration privileges as provided, and to enact new laws not inconsistent to either principal and interest, or principal with any law of the United States applicable to only, and may be executed by such officers and the Virgin Islands, subject to the power of Con- in such manner, as shall be prescribed by the gress to annul any such Act of the legislature. legislature of the government of the Virgin Is- (d), (e) Repealed. Pub. L. 97–357, title III, § 305, lands. In case any of the officers whose signa- Oct. 19, 1982, 96 Stat. 1709 tures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, (f) Customs duty; duty-free importation; effect on such signature, whether manual or facsimile, other customs laws shall nevertheless be valid and sufficient for all (1) The Legislature of the Virgin Islands may purposes, the same as if such officers had re- impose on the importation of any article into mained in office until such delivery. The bonds the Virgin Islands for consumption therein a so issued shall bear interest at a rate not to ex- customs duty. The rate of any customs duty im- ceed that specified by the legislature. All bonds posed on any article under this subsection may issued by the government of the Virgin Islands, not exceed— including specifically interest thereon, shall be (A) if an ad valorem rate, 6 per centum ad exempt from taxation by the Government of the valorem; or United States, or by the government of the Vir- (B) if a specific rate or a combination ad va- gin Islands or any political subdivision thereof, lorem and specific rate, the equivalent or 6 per or by any State, territory, or possession or by centum ad valorem. any political subdivision of any State, territory, or possession, or by the District of Columbia. (2) Nothing in this subsection shall prohibit (B) Bonds or other obligations issued pursuant the Legislature of the Virgin Islands from per- to this paragraph (ii) shall not be a debt of the mitting the duty-free importation of any arti- United States, nor shall the United States be cle. liable thereon. (3) Nothing in this subsection shall be con- (iii)(A) The legislature of the government of strued as empowering the Legislature of the Vir- the Virgin Islands may cause to be issued after gin Islands to repeal or amend any provision in September 30, 1984, industrial development law in effect on the day before October 15, 1977, bonds (within the meaning of section 103(b)(2) 1 which pertains to the customs valuation or cus- of title 26). toms classification of articles imported into the (B) Except as provided in subparagraph (C), Virgin Islands. any obligation issued under subparagraph (A) (July 22, 1954, ch. 558, § 8, 68 Stat. 500; Pub. L. and the income from such obligation shall be ex- 85–851, §§ 2, 3, 10, Aug. 28, 1958, 72 Stat. 1094, 1095; empt from all State and local taxation in effect Pub. L. 88–180, Nov. 19, 1963, 77 Stat. 335; Pub. L. on or after October 1, 1984. (C) Any obligation issued under subparagraph 89–643, Oct. 13, 1966, 80 Stat. 890; Pub. L. 90–496, (A) shall not be exempt from State or local gift, § 15, Aug. 23, 1968, 82 Stat. 842; Pub. L. 95–134, estate, inheritance, legacy, succession, or other title III, § 301(c), Oct. 15, 1977, 91 Stat. 1163; Pub. wealth transfer taxes. L. 97–357, title III, § 305, Oct. 19, 1982, 96 Stat. (D) For purposes of this paragraph— 1709; Pub. L. 98–454, title II, § 201, Oct. 5, 1984, 98 (I) The term ‘‘State’’ includes the District of Stat. 1732; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Columbia. Stat. 2095; Pub. L. 106–84, § 1(a), (b)(1), (2), Oct. 28, (II) The taxes imposed by counties, munici- 1999, 113 Stat. 1295.) palities, or any territory, dependency, or pos- REFERENCES IN TEXT session of the United States shall be treated as local taxes. Section 103, referred to in subsec. (b)(iii)(A), which re- lated to interest on certain governmental obligations (E) For exclusion of interest for purposes of was amended generally by Pub. L. 99–514, title XIII, Federal income taxation, see section 103 of title § 1301(a), Oct. 22, 1986, 100 Stat. 2602, and as so amended 26. relates to interest on State and local bonds. Section (c) Applicability of laws and ordinances; amend- 103(b)(2), which prior to the general amendment defined industrial development bond, relates to the applicabil- ment or repeal ity of the interest exclusion to arbitrage bonds. The laws of the United States applicable to Act of June 22, 1936 (49 Stat. 1807), referred to in sub- the Virgin Islands on July 22, 1954, including sec. (c), is act June 22, 1936, ch. 699, 49 Stat. 1807, as laws made applicable to the Virgin Islands by or amended, known as the Organic Act of the Virgin Is- pursuant to the provisions of the Act of June 22, lands of the United States, which is classified generally to subchapter II (§ 1405 et seq.) of chapter 7 of this title. 1936 (49 Stat. 1807), and all local laws and ordi- For complete classification of this Act to the Code, see nances in force in the Virgin Islands, or any part section 1406m of this title and Tables. thereof, on July 22, 1954 shall, to the extent they are not inconsistent with this chapter, continue AMENDMENTS in force and effect until otherwise provided by 1999—Subsec. (b)(ii)(A). Pub. L. 106–84, § 1(a), inserted the Congress: Provided, That the legislature ‘‘, including but not limited to notes in anticipation of shall have power, when within its jurisdiction the collection of taxes or revenues,’’ after ‘‘other evi- and not inconsistent with the other provisions dence of indebtedness’’, substituted ‘‘for any public of this chapter, to amend, alter, modify, or re- purpose authorized by the legislature: Provided, That peal any local law or ordinance, public or pri- no such’’ for ‘‘to construct, improve, extend, better, re- pair, reconstruct, acquire, and equip hospitals, schools, vate, civil or criminal, continued in force and ef- libraries, gymnasia, athletic fields, sewers, sewage-dis- posal plants, and water systems: Provided, That no pub- 1 See References in Text note below. lic’’, and struck out ‘‘and payable semiannually. All § 1574–1 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 140 such bonds shall be sold for not less than the principal 1958—Subsec. (a). Pub. L. 85–851, § 2, substituted amount thereof plus accrued interest’’ after ‘‘specified ‘‘rightful subjects of legislation’’ for ‘‘subjects of local by the legislature’’. application’’. Subsec. (b)(ii)(B), (C). Pub. L. 106–84, § 1(b)(1), (2), re- Subsec. (b). Pub. L. 85–851, § 10, authorized issuance of designated subpar. (C) as (B) and struck out former sub- bonds for establishment, construction, operation, main- par. (B) which read as follows: ‘‘The proceeds of the tenance, reconstruction, improvement, or enlargement bond issues or other obligations herein authorized shall of other projects and payment of the bonds from reve- be expended only for the public improvements set forth nues derived from the projects. in the preceding subparagraph, or for the reduction of Subsec. (e). Pub. L. 85–851, § 3, struck out ‘‘and any the debt created by such bond issue or obligation, un- supplements to it’’ after ‘‘Upon the enactment of the less otherwise authorized by the Congress.’’ Virgin Islands Code it’’. 1986—Subsec. (b)(iii)(E). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue EFFECTIVE DATE OF 1999 AMENDMENT Code of 1954’’, which for purposes of codification was Pub. L. 106–84, § 3, Oct. 28, 1999, 113 Stat. 1295, provided translated as ‘‘title 26’’ thus requiring no change in that: text. 1984—Subsec. (b)(i), (iii). Pub. L. 98–454 struck out ‘‘(a) IN GENERAL.—Except as provided by subsection ‘‘shall be sold at public sale and’’ before ‘‘may be re- (b), the amendments made by section 1 [amending this deemable’’ in fourth sentence of par. (i) and added par. section and section 1574a of this title] shall apply to (iii). those instruments of indebtedness issued by the Gov- 1982—Subsec. (d). Pub. L. 97–357 struck out subsec. (d) ernment of the Virgin Islands after the date of the en- which authorized the President of the United States to actment of this Act [Oct. 28, 1999]. appoint a commission of seven persons, at least three of ‘‘(b) EFFECT OF FAILURE TO REACH AGREEMENT.—If whom were residents of the Virgin Islands, to survey the agreement authorized in section 2(a) [set out as a the field of Federal statutes and to make recommenda- note under section 1631 of this title] is not ratified by tions to Congress within twelve months after July 22, both parties on or before December 31, 1999, the amend- 1954, as to which statutes of the United States not ap- ments made by section 1— plicable to the Virgin Islands on that date should be ‘‘(A) shall not apply to instruments of indebtedness made applicable to the Virgin Islands and which stat- issued by the Government of the Virgin Islands on or utes of the United States applicable to the Virgin Is- after December 31, 1999; and lands on that date should be declared inapplicable, and ‘‘(B) shall continue to apply to those instruments of provided compensation of this commission. indebtedness issued by the Government of the Virgin Subsec. (e). Pub. L. 97–357 struck out subsec. (e) Islands after the date of the enactment of this Act which related to arrangements by the Secretary of the and before December 31, 1999.’’ Interior for the preparation of a code of laws of the Vir- gin Islands. EFFECTIVE DATE OF 1968 AMENDMENT 1977—Subsec. (f). Pub. L. 95–134 added subsec. (f). Pub. L. 90–496, § 15, Aug. 23, 1968, 82 Stat. 842, provided 1968—Subsec. (b)(i). Pub. L. 90–496 struck out the pro- that the amendment made by section 15 is effective on visions that the total amount of revenue bonds which the date of enactment of Pub. L. 90–496, which was ap- may be issued and outstanding for all improvements proved Aug. 23, 1968. and undertakings at any one time shall not be in excess of $30,000,000, exclusive of all bonds and undertakings CONSTRUCTION held by the United States as a result of a sale of real Pub. L. 106–84, § 4, Oct. 28, 1999, 113 Stat. 1296, provided or personal property to the government of the Virgin that: ‘‘These amendments to the Revised Organic Act Islands, and with not more than $10,000,000 of such of the Virgin Islands [amending this section] are not in- bonds or obligations to be outstanding at any one time tended to modify the internal revenue laws. Thus, the for public improvements or public undertakings other than water or power projects, and substituted provi- bonds authorized by this bill must comply with sub- sions that the bonds so issued shall bear interest at a section (c) of section 149 of the Internal Revenue Code rate not to exceed that specified by the legislature, of 1986 [26 U.S.C. 149(c)] (which requires the new bonds payable semiannually, for provisions that the bonds so comply with the appropriate requirements of the Inter- issued shall bear interest at a rate not to exceed 5% per nal Revenue Code).’’ annum, payable semiannually, and that all such bonds LEVYING AND COLLECTION OF EXCISE TAXES BY shall be sold for not less than the principal amount LEGISLATURE OF THE VIRGIN ISLANDS thereof plus accrued interest. 1966—Subsec. (b)(i). Pub. L. 89–643 increased the bor- Pub. L. 96–205, title IV, § 405, Mar. 12, 1980, 94 Stat. 89, rowing authority of the Virgin Islands by striking out as amended by Pub. L. 97–357, title III, § 302, Oct. 19, limiting provisions so as to require only that the object 1982, 96 Stat. 1709, provided that: ‘‘Any excise taxes lev- of a bond issue be a public improvement or undertaking ied by the Legislature of the Virgin Islands may be lev- authorized by the legislature as opposed to previous re- ied and collected as the Legislature of the Virgin Is- quirement of a legislative authorization for specific im- lands may direct as soon as the articles, goods, mer- provements and legislative findings of need, sub- chandise, and commodities subject to said tax are stituted provisions authorizing the issuance of bonds brought into the Virgin Islands. The officials of the that are nonredeemable or redeemable (either with or Customs and Postal Services of the United States are without premium) for provisions requiring that bonds directed to assist the appropriate officials of the United be redeemable after five years without premium, raised States Virgin Islands in the collection of these taxes.’’ the limitation on total amount of outstanding bonds from a flat limitation of $10,000,000 to $30,000,000 exclu- § 1574–1. Applicability of laws referred to in sec- sive of all bonds or obligations which are held by the tion 502(a)(1) of Covenant to Establish a Government of the United States as a result of a sale Commonwealth of the Northern Mariana Is- of real or personal property to the government of the lands Virgin Islands, and inserted requirement that not to exceed $10,000,000 of the bonds or obligations may be Effective on the date when section 502 of the outstanding at any one time for public improvement or Covenant to Establish a Commonwealth of the public undertakings other than water or power Northern Mariana Islands in Political Union projects. With the United States of America, approved by 1963—Subsec. (b). Pub. L. 88–180 redesignated existing provisions as par. (i), struck out ‘‘The legislature shall joint resolution approved on March 24, 1976 (90 have no power to incur any indebtedness which may be Stat. 263) goes into force those laws which are a general obligation of said government’’, and added referred to in section 502(a)(1) of said Covenant, par. (ii). except for any laws administered by the Social Page 141 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1574a

Security Administration, except for medicaid government of the Virgin Islands is authorized which is now administered by the Centers for to cause to be issued bonds or other obligations Medicare & Medicaid Services, and except the of such government in anticipation of revenues Micronesian Claims Act of 1971 (85 Stat. 96) shall to be received under section 7652(b)(3) of title 26. be applicable to the territories of Guam and the The proceeds of such bonds or other obligations Virgin Islands on the same terms and conditions may be used for any purpose authorized by an as such laws are applied to the Northern Mari- act of the legislature. The legislature of the gov- ana Islands. ernment of the Virgin Islands may initiate, by majority vote of the members, a binding referen- (Pub. L. 95–134, title IV, § 403, Oct. 15, 1977, 91 dum vote to approve or disapprove the amount Stat. 1163; Pub. L. 95–135, § 1, Oct. 15, 1977, 91 of any such bond or other obligation and/or any Stat. 1166; Pub. L. 108–173, title IX, § 900(e)(7), purpose for which such bond or other obligation Dec. 8, 2003, 117 Stat. 2374.) is authorized. REFERENCES IN TEXT (b) Federal guarantee The Covenant to Establish a Commonwealth of the The legislature of the government of the Vir- Northern Mariana Islands in Political Union With the gin Islands may provide, in connection with any United States of America, referred to in text, is con- issue of bonds or other obligations authorized to tained in section 1 of Pub. L. 94–241, set out as a note be issued under subsection (a) of this section the under section 1801 of this title. For Jan. 9, 1978, as the proceeds of which are to be used for public date section 502 of the Covenant came into force, see works or other capital projects, that a guaran- Proc. No. 4534, § 2, set out as a note under section 1801 of this title. tee of such bonds or obligations by the United The joint resolution approved on March 24, 1976, re- States should be applied for under section 1574b ferred to in text, is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. of this title. 263, as amended, which is classified generally to sub- (c) Limitations on issuance chapter I (§ 1801 et seq.) of chapter 17 of this title. For complete classification of this Act to the Code, see Except to the extent inconsistent with the Tables. provisions of this Act, the provisions of section The Micronesian Claims Act of 1971, referred to in 1574(b)(ii) of this title (other than the limitation text, is Pub. L. 92–39, July 1, 1971, 85 Stat. 92, as amend- contained in the proviso to the first sentence of ed, which was classified generally to section 2018 et seq. subparagraph (A)) shall apply to bonds and other of Title 50, Appendix, War and National Defense, and obligations authorized to be issued under sub- which was omitted from the Code as terminated Aug. 3, section (a) of this section. 1976. (Pub. L. 94–392, § 1, Aug. 19, 1976, 90 Stat. 1193; CODIFICATION Pub. L. 105–83, title I, § 124(c), Nov. 14, 1997, 111 Section is also classified to section 1421q–1 of this Stat. 1567; Pub. L. 106–84, § 1(b)(3), Oct. 28, 1999, title. 113 Stat. 1295.) Section was formerly set out as a note under section 1681 of this title. REFERENCES IN TEXT Section was not enacted as part of the Revised Or- This Act, referred to in subsec. (c), is Pub. L. 94–392, ganic Act of the Virgin Islands which comprises this Aug. 19, 1976, 90 Stat. 1193, as amended, which enacted chapter. sections 1574a to 1574d of this title, amended section 1397 of this title, and enacted a provision set out as a AMENDMENTS note below. For complete classification of this Act to 2003—Pub. L. 108–173 substituted ‘‘Centers for Medi- the Code, see Tables. care & Medicaid Services’’ for ‘‘Health Care Financing CODIFICATION Administration’’. 1977—Pub. L. 95–135 amended section generally. Prior In subsec. (a), ‘‘section 7652(b)(3) of title 26’’ sub- to amendment, section read as follows: ‘‘Effective on stituted for ‘‘section 28(b) of such Act (26 U.S.C. 7652)’’, October 15, 1977, those laws, except for any laws admin- meaning section 28(b) of the Revised Organic Act of the istered by the Social Security Administration and ex- Virgin Islands (68 Stat. 508), which was classified to sec- cept for medicaid which is now administered by the tion 3350(c) of former Title 26, Internal Revenue Code, Health Care Financing Administration, which are re- on authority of section 7852(b) of Title 26, Internal Rev- ferred to in section 502(a)(1) (except for the reference to enue Code, which provided that any reference in any the Micronesian Claims Act of 1971 (85 Stat. 96)) of the other law to a provision of the Internal Revenue Code Covenant to Establish a Commonwealth of the North- of 1939 shall be deemed a reference to the corresponding ern Mariana Islands in Political Union With the United provision of the Internal Revenue Code of 1986. States of America, approved by joint resolution ap- Section was not enacted as part of the Revised Or- proved on March 24, 1976 (90 Stat. 263), and 502(a)(2) of ganic Act of the Virgin Islands which comprises this said Covenant shall be applicable to the territories of chapter. Guam and the Virgin Islands on the same terms and AMENDMENTS conditions as such laws are applied to the Common- 1999—Subsec. (d). Pub. L. 106–84 struck out subsec. (d) wealth of the Northern Mariana Islands.’’ which read as follows: ‘‘The legislature of the Govern- EFFECTIVE DATE OF 1977 AMENDMENT ment of the Virgin Islands may cause to be issued notes in anticipation of the collection of the taxes and reve- Amendment by Pub. L. 95–135 effective as of Oct. 15, nues for the current fiscal year. Such notes shall ma- 1977, see section 2 of Pub. L. 95–135, set out as a note ture and be paid within one year from the date they are under section 1421q–1 of this title. issued. No extension of such notes shall be valid and no § 1574a. Revenue bonds or other obligations additional notes shall be issued under this section until all notes issued during a preceding year shall have been (a) Authorization for issuance; use of proceeds; paid.’’ legislative initiative and binding referendum 1997—Subsec. (d). Pub. L. 105–83 added subsec. (d). vote AUTHORIZATION OF APPROPRIATIONS In addition to the authority conferred by sec- Pub. L. 94–392, § 6, Aug. 19, 1976, 90 Stat. 1195, provided tion 1574(b) of this title, the legislature of the that: ‘‘There are hereby authorized to be appropriated § 1574b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 142 such sums as may be necessary to carry out the provi- (d) Conclusiveness and incontestability; pledge sions of this Act [enacting this section and sections of full faith and credit 1574b to 1574d of this title and amending section 1397 of this title].’’ Any guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obli- § 1574b. Federal guarantee for issuance of reve- gation for such guarantee, and the validity of nue bonds or other obligations any guarantee so made shall be incontestable, (a) Application to Secretary of the Interior; con- except for fraud or material misrepresentation, tents in the hands of the holder of the guaranteed ob- ligation. Such guarantee shall constitute a When authorized under subsection (b) of sec- pledge of the full faith and credit of the United tion 1574a of this title, the government of the States for such obligation. Virgin Islands may apply to the Secretary of the Interior (hereinafter referred to as the ‘‘Sec- (e) Interest on guaranteed obligations taxable retary’’) for a guarantee of any issue of bonds or The interest on any obligation guaranteed other obligations authorized to be issued under under this section shall be included in gross in- subsection (a) of section 1574a of this title. Any come for purposes of chapter 1 of the Internal such application shall contain such information Revenue Code of 1986 [26 U.S.C. 1 et seq.]. as the Secretary may prescribe. (f) Maximum amount guaranteed; time limita- (b) Terms and conditions of guarantee or com- tions on commitments to guarantee, obliga- mitment to guarantee; determination by Sec- tion of guaranteed but unobligated funds, retary of approval and repayment of unobligated proceeds of The Secretary is authorized, with the approval bonds or other obligations of the Secretary of the Treasury, to guarantee The aggregate principal amount of obligations and to enter into commitments to guarantee, which may be guaranteed under this Act shall upon such terms and conditions as he may pre- not exceed $101,000,000. No commitment to guar- scribe, payment of principal and interest on antee may be issued by the Secretary, and no bonds and other obligations issued by the gov- guaranteed but unobligated funds may be obli- ernment of the Virgin Islands under subsection gated by the government of the Virgin Islands (a) of section 1574a of this title. No guarantee or after October 1, 1990. After October 1, 1990, any commitment to guarantee shall be made unless unobligated proceeds of bonds or other obliga- the Secretary determines— tions issued by the government of the Virgin Is- (1) that the proceeds of such issue will be lands pursuant to this section shall be repaid used only for public works or other capital immediately by the government of the Virgin Is- projects, except that $28,000,000 of the guaran- lands to the lenders with the agreed upon inter- teed bonding authority will be used for water est. Should there be any delay in the govern- producing and power projects, including main- ment of the Virgin Islands’ making such repay- tenance and overhaul of electrical generating ment, the Secretary shall deduct the requisite and distribution mechanisms, and $12,000,000 of amounts from moneys under his control that the guaranteed bonding authority will be used would otherwise be paid to the government of for repair and improvements of the water dis- the Virgin Islands under section 7652(b)(3) of tribution and storage systems; title 26. (2) taking into account anticipated expendi- (g) Revolving fund; establishment; submission of tures by the government of the Virgin Islands budget to Congress; payments; transfers from while the bonds or other obligations forming a fund to general fund of Treasury; issuance part of such issue will be outstanding, all out- and sale of notes or other obligations for standing obligations of the government of the guarantees Virgin Islands which will mature while the (1) There is hereby created within the Treas- bonds or other obligations forming a part of ury a separate fund (hereinafter referred to as such issue will be outstanding, and such other ‘‘the fund’’) which shall be available to the Sec- factors as he deems pertinent, that the reve- retary without fiscal year limitation as revolv- nues expected to be received under section ing fund for the purpose of this Act. A business- 7652(b)(3) of title 26 will be sufficient to pay type budget for the fund shall be prepared, the principal of, and interest on, the bonds or transmitted to the Congress, considered, and en- other obligations forming a part of such issue; acted in the manner prescribed by law (sections (3) that credit is not otherwise available on 9103 and 9104 of title 31) for wholly owned Gov- reasonable terms and conditions and that ernment corporations. there is reasonable assurance of repayment, (2) All expenses, including reimbursements to and other government accounts, and payments pur- (4) that the maturity of any obligations to suant to operations of the Secretary under this be guaranteed does not exceed thirty years or Act shall be paid from the fund. If at any time 90 per centum of the useful life of the physical the Secretary determines that moneys in the assets to be financed by the obligation, which- fund exceed the present and any reasonably pro- ever is less as determined by the Secretary. spective future requirements of the fund, such (c) Administrative costs; deposit of fees excess may be transferred to the general fund of The Secretary shall charge and collect fees in the Treasury. amounts sufficient in his judgment to cover the (3) If at any time the moneys available in the costs of administering this section. Fees col- fund are insufficient to enable the Secretary to lected under this subsection shall be deposited discharge his responsibilities under guarantees in the revolving fund created under subsection under this Act, he shall issue to the Secretary of (g) of this section. the Treasury notes or other obligations in such Page 143 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1575 forms and denominations, bearing such matu- 1983—Subsec. (b)(1). Pub. L. 98–213, § 4(b)(1), and Pub. rities, and subject to such terms and conditions, L. 98–146, § 100(1), made nearly identical amendments re- as may be prescribed by the Secretary of the lating to the use of the amounts of $28,000,000 and Treasury. Redemption of such notes or obliga- $12,000,000 of the guaranteed bonding authority. The text reflects the amendment by Pub. L. 98–213. tions shall be made by the Secretary from ap- Subsec. (f). Pub. L. 98–213, § 4(b)(2), and Pub. L. 98–146, propriations which are hereby authorized for § 100(2), amended subsec. (f) identically, substituting this purpose. Such notes or other obligations ‘‘$101,000,000’’ for ‘‘$61,000,000’’ and ‘‘1990’’ for ‘‘1984’’ in shall bear interest at a rate determined by the two places. Secretary of the Treasury, which shall not be 1980—Subsec. (f). Pub. L. 96–205 substituted provisions less than a rate determined by taking into con- relating to prohibitions on commitments to guarantee sideration the average market yield on out- by the Secretary and obligation by the Virgin Islands government of guaranteed but unobligated funds, and standing marketable obligations of the United repayment by the government of unobligated proceeds States of comparable maturities during the of bonds or other obligations after Oct. 1, 1984, for pro- month preceding the issuance of the notes or visions relating to entering into under Pub. L. 94–392, other obligations. The Secretary of the Treasury after Oct. 1, 1979, of commitments to guarantee. shall purchase any notes or other obligations is- sued hereunder and for that purpose he is au- § 1574c. Priority for payment of principal and in- thorized to use as a public debt transaction the terest of revenue bonds or other obligations proceeds from the sale of any securities issued Each issue of bonds or other obligations issued under chapter 31 of title 31 and the purposes for under subsection (a) of section 1574a of this title which securities may be issued under that chap- shall have a parity lien with every other issue of ter are extended to include any purchase of such bonds or other obligations issued for payment of notes or obligations. The Secretary of the Treas- principal and interest out of revenues received ury may at any time sell any of the notes or under section 7652(b)(3) of title 26, except that is- other obligations acquired by him under this sues guaranteed under section 1574b of this title subsection. All redemptions, purchases, and shall have priority, according to the date of sales by the Secretary of the Treasury of such issue, over issues not so guaranteed and the rev- notes or other obligations shall be treated as enues received under section 7652(b)(3) of title 26 public debt transactions of the United States. shall be pledged for the payment of such bonds (Pub. L. 94–392, § 2, Aug. 19, 1976, 90 Stat. 1193; or other obligations. Pub. L. 96–205, title IV, § 407, Mar. 12, 1980, 94 (Pub. L. 94–392, § 3, Aug. 19, 1976, 90 Stat. 1195; Stat. 89; Pub. L. 98–146, title I, Nov. 4, 1983, 97 Pub. L. 105–83, title I, § 124(a), Nov. 14, 1997, 111 Stat. 931, 932; Pub. L. 98–213, § 4(b), Dec. 8, 1983, Stat. 1567.) 97 Stat. 1460; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 CODIFICATION Stat. 2095.) ‘‘Section 7652(b)(3) of title 26’’ substituted in text for REFERENCES IN TEXT ‘‘section 28(b) of the Revised Organic Act of the Virgin Chapter 1 of the Internal Revenue Code of 1986, re- Islands [68 Stat. 508]’’, which was classified to section ferred to in subsec. (e), means chapter 1 (§ 1 et seq.) of 3350(c) of former Title 26, Internal Revenue Code, on au- Title 26, Internal Revenue Code. thority of section 7852(b) of Title 26, Internal Revenue This Act, referred to in subsecs. (f) and (g), is Pub. L. Code, which provided that any reference in any other 94–392, Aug. 19, 1976, 90 Stat. 1193, as amended, which law to a provision of the Internal Revenue Code of 1939 enacted sections 1574a to 1574d of this title, amended be deemed a reference to the corresponding provision of section 1397 of this title, and enacted a provision set the Internal Revenue Code of 1986. out as a note under section 1574a of this title. For com- Section was not enacted as part of the Revised Or- plete classification of this Act to the Code, see Tables. ganic Act of the Virgin Islands which comprises this chapter. CODIFICATION AMENDMENTS In subsecs. (b)(2) and (f), ‘‘section 7652(b)(3) of title 26’’ substituted for ‘‘section 28(b) of the Revised Or- 1997—Pub. L. 105–83 substituted ‘‘a parity lien with ganic Act of the Virgin Islands [68 Stat. 508]’’, which every other issue of bonds or other obligations issued was classified to section 3350(c) of former Title 26, In- for payment’’ for ‘‘priority for payment’’ and struck ternal Revenue Code, on authority of section 7852(b) of out ‘‘in the order of the date of issue’’ before ‘‘, except Title 26, Internal Revenue Code, which provided that that’’. any reference in any other law to a provision of the In- EFFECTIVE DATE OF 1997 AMENDMENT ternal Revenue Code of 1939 be deemed a reference to the corresponding provision of the Internal Revenue Pub. L. 105–83, title I, § 124(b), Nov. 14, 1997, 111 Stat. Code of 1986. 1567, provided that: ‘‘The amendments made by sub- In subsec. (g)(1) and (3), ‘‘sections 9103 and 9104 of section (a) [amending this section] shall apply to obli- title 31’’ substituted for ‘‘sections 102, 103, and 104 of gations issued on or after the date of enactment of this the Government Corporation Control Act (31 U.S.C. section [Nov. 14, 1997].’’ 847–849)’’, and ‘‘chapter 31 of title 31’’ and ‘‘that chap- § 1574d. Repealed. Pub. L. 97–357, title III, ter’’ were substituted for ‘‘the Second Liberty Bond § 308(g), Oct. 19, 1982, 96 Stat. 1710 Act’’ and ‘‘that Act’’, respectively, on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- Section, Pub. L. 94–392, § 4, Aug. 19, 1976, 90 Stat. 1195, tion of which enacted Title 31, Money and Finance. related to grants to government of Virgin Islands for Section was not enacted as part of the Revised Or- operation of such government and limitation on ganic Act of the Virgin Islands which comprises this amount of such grants. chapter. § 1575. Legislative procedure AMENDMENTS (a) Quorum and method of voting on bills 1986—Subsec. (e). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of The number of members of the legislature 1954’’. needed to constitute a quorum shall be deter- § 1575 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 144 mined by the laws of the Virgin Islands. No bill (f) Journal of proceedings; contents shall become a law unless it shall have been The legislature shall keep a journal of its pro- passed at a meeting, at which a quorum was ceedings and publish the same. Every bill passed present, by the affirmative vote of a majority of by the legislature and the yeas and nays on any the members present and voting, which vote question shall be entered on the journal. shall be by yeas and nays. (b) Enacting clause of acts (g) Transmittal of laws to Congress The enacting clause of all acts shall be as fol- A listing of all laws enacted by the legislature lows: ‘‘Be it enacted by the Legislature of the each year shall be transmitted with the annual Virgin Islands’’. report to Congress required pursuant to section (c) Governor’s message and budget 1591 of this title. The Governor shall submit at the opening of (July 22, 1954, ch. 558, § 9, 68 Stat. 501; Pub. L. each regular session of the legislature a message 90–496, §§ 2, 3, Aug. 23, 1968, 82 Stat. 837; Pub. L. on the state of the Virgin Islands and a budget 95–134, title III, § 301(b), Oct. 15, 1977, 91 Stat. of estimated receipts and expenditures, which 1163; Pub. L. 95–348, § 4(c)(1), Aug. 18, 1978, 92 shall be the basis of the appropriation bills for Stat. 490; Pub. L. 96–470, title II, § 206(d), Oct. 19, the ensuing fiscal year, which shall commence 1980, 94 Stat. 2244; Pub. L. 106–364, § 2, Oct. 27, on the first day of July or such other date as the 2000, 114 Stat. 1408.) Legislature of the Virgin Islands may deter- mine. AMENDMENTS (d) Approval and disapproval of bills 2000—Subsec. (a). Pub. L. 106–364 amended first sen- Every bill passed by the legislature shall, be- tence generally. Prior to amendment, first sentence fore it becomes a law, be presented to the Gov- read as follows: ‘‘The quorum of the legislature shall consist of eight of its members.’’ ernor. If the Governor approves the bill, he shall 1980—Subsec. (g). Pub. L. 96–470 substituted provision sign it. If the Governor disapproves the bill, he requiring a listing of all laws enacted by the legislature shall, except as hereinafter provided, return it, each year be transmitted with the annual report to with his objections, to the legislature within ten Congress required by section 1591 of this title for provi- days (Sundays excepted) after it shall have been sion requiring copies of all laws enacted by the legisla- presented to him. If the Governor does not re- ture be transmitted within 15 days of their enactment turn the bill within such period, it shall be a law by the Governor to the Secretary of the Interior and by in like manner as if he had signed it, unless the the Secretary annually to Congress. 1978—Subsec. (c). Pub. L. 95–348 inserted provision au- legislature by adjournment prevents its return, thorizing the Virgin Islands Legislature to determine in which case it shall be a law if signed by the other dates on which the fiscal year shall commence. Governor within thirty days after it shall have 1977—Subsec. (d). Pub. L. 95–134 inserted ‘‘, unless the been presented to him; otherwise it shall not be legislature, after reconsideration upon motion of a a law. When a bill is returned by the Governor member thereof, passes such items, parts, or portions to the legislature with his objections, the legis- so objected to by a vote of two-thirds of all the mem- lature shall enter his objections at large on its bers of the legislature’’ after ‘‘shall not take effect’’. journal and, upon motion of a member of the 1968—Subsec. (a). Pub. L. 90–496, § 2, increased the quorum requirement from seven to eight members. legislature, proceed to reconsider the bill. If, Subsec. (d). Pub. L. 90–496, § 3, inserted requirement after such reconsideration, two-thirds of all the that when a bill is returned by the Governor to the leg- members of the legislature pass the bill, it shall islature, a motion of a member of the legislature is be a law. If any bill presented to the Governor necessary for the legislature to reconsider the bill, and contains several items of appropriation of substituted provisions that if, after reconsideration by money, he may object to one or more of such the legislature, two-thirds of all the members of the items, or any part or parts, portion or portions legislature pass a bill returned by the Governor, it thereof, while approving the other items, parts, shall be a law for provisions that if, after reconsider- ation by the legislature, two-thirds of all the members or portions of the bill. In such a case he shall ap- of the legislature agree to pass the bill, it shall be pre- pend to the bill, at the time of signing it, a sented anew to the Governor for his approval, provi- statement of the items, or parts or portions sions that if the Governor does not approve the bill, the thereof, to which he objects, and the items, or bill shall be sent to the President of the United States parts or portions thereof, so objected to shall for his approval, provisions that if the President dis- not take effect, unless the legislature, after re- approves the bill, the bill shall be returned to the Gov- consideration upon motion of a member thereof, ernor, stating the President’s disapproval, and it shall passes such items, parts, or portions so objected not be a law, and provisions that if the President nei- ther approves nor disapproves the bill within 90 days to by a vote of two-thirds of all the members of after it was sent to him by the Governor, the bill shall the legislature. be a law as if the President had signed it. (e) Use of prior appropriations upon failure to pass appropriation bills EFFECTIVE DATE OF 1968 AMENDMENT If at the termination of any fiscal year the Pub. L. 90–496, § 2, Aug. 23, 1968, 82 Stat. 837, provided legislature shall have failed to pass appropria- that the amendment made by section 2 is effective on tion bills providing for payment of the obliga- the date of enactment of Pub. L. 90–496, which was ap- tions and necessary current expenses of the gov- proved Aug. 23, 1968. ernment of the Virgin Islands for the ensuing Amendment of provisions of section necessary to au- fiscal year, then the several sums appropriated thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, in the last appropriation bills for the objects 1970, and all other amendments of provisions of section, and purposes therein specified, so far as the unless otherwise expressly provided by Pub. L. 90–496, same may be applicable, shall be deemed to be effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set reappropriated item by item. out as a note under section 1591 of this title. Page 145 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1591

§ 1576. General elections; time; transfer of Coun- Virgin Islands. While in Saint Croix the Gov- cil functions, property, etc. ernor may reside in Government House on Saint Croix, which house, together with land appur- The next general election in the Virgin Islands tenant thereto is also transferred to the govern- shall be held on November 2, 1954. At such time ment of the Virgin Islands. there shall be chosen the entire membership of The Governor shall have general supervision the legislature as herein provided. Thereafter and control of all the departments, bureaus, the general elections shall be held on the first agencies, and other instrumentalities of the ex- Tuesday after the first Monday in November, be- ecutive branch of the government of the Virgin ginning with the year 1956, and every two years Islands. He may grant pardons and reprieves and thereafter. The Municipal Council of Saint remit fines and forfeitures for offenses against Thomas and Saint John, and the Municipal local laws. He may veto any legislation as pro- Council of Saint Croix, existing on July 22, 1954, vided in this chapter. He shall appoint, and may shall continue to function until January 10, 1955, remove, all officers and employees of the execu- at which time all of the functions, property, per- tive branch of the government of the Virgin Is- sonnel, records, and unexpended balances of ap- lands, except as otherwise provided in this or propriations and funds of the governments of any other Act of Congress, or under the laws of the municipality of Saint Thomas and Saint the Virgin Islands, and shall commission all offi- John and the municipality of Saint Croix shall cers that he may be authorized to appoint. He be transferred to the government of the Virgin shall be responsible for the faithful execution of Islands. the laws of the Virgin Islands and the laws of (July 22, 1954, ch. 558, § 10, 68 Stat. 502.) the United States applicable in the Virgin Is- lands. Whenever it becomes necessary, in case of SUBCHAPTER IV—EXECUTIVE BRANCH disaster, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or sup- § 1591. Governor and Lieutenant Governor; elec- press lawless violence, he may summon the tion; eligibility; official residence; powers posse comitatus or call out the militia or re- and duties; report quest assistance of the senior military or naval The executive power of the Virgin Islands commander of the Armed Forces of the United shall be vested in an executive officer whose of- States in the Virgin Islands or Puerto Rico, ficial title shall be the ‘‘Governor of the Virgin which may be given at the discretion of such Islands’’. The Governor of the Virgin Islands, to- commander if not disruptive of, or inconsistent gether with the Lieutenant Governor, shall be with, his Federal responsibilities. He may, in elected by a majority of the votes cast by the case of rebellion or invasion or imminent danger people who are qualified to vote for the members thereof, when the public safety requires it, pro- of the legislature of the Virgin Islands. The Gov- claim the islands, insofar as they are under the ernor and Lieutenant Governor shall be chosen jurisdiction of the government of the Virgin Is- jointly, by the casting by each voter of a single lands, to be under martial law. The members of vote applicable to both officers. If no candidates the legislature shall meet forthwith on their receive a majority of the votes cast in any elec- own initiative and may, by a two-thirds vote, re- tion, on the fourteenth day thereafter a run-off voke such proclamation. election shall be held between the candidates for The Governor shall prepare, publish, and sub- Governor and Lieutenant Governor receiving mit to the Congress and the Secretary of the In- the highest and second highest number of votes terior a comprehensive annual financial report cast. The first election for Governor and Lieu- in conformance with the standards of the Na- tenant Governor shall be held on November 3, tional Council on Governmental Accounting 1970. Thereafter, beginning with the year 1974, within one hundred and twenty days after the the Governor and Lieutenant Governor shall be close of the fiscal year. The comprehensive an- elected every four years at the general election. nual financial report shall include statistical The Governor and Lieutenant Governor shall data as set forth in the standards of the Na- hold office for a term of four years and until tional Council on Governmental Accounting re- their successors are elected and qualified. No lating to the physical, economic, social, and po- person who has been elected Governor for two litical characteristics of the government, and full successive terms shall be again eligible to any other information required by the Congress. hold that office until one full term has inter- The Governor shall also make such other reports vened. The term of the elected Governor and at such other times as may be required by the Lieutenant Governor shall commence on the Congress or under applicable Federal law. He first Monday of January following the date of shall have the power to issue executive orders election. and regulations not in conflict with any applica- No person shall be eligible for election to the ble law. He may recommend bills to the legisla- office of Governor or Lieutenant Governor un- ture and give expression to his views on any less he is an eligible voter and has been for five matter before that body. consecutive years immediately preceding the There is hereby established the office of Lieu- election a citizen of the United States and a tenant Governor of the Virgin Islands. The Lieu- bona fide resident of the Virgin Islands and will tenant Governor shall have such executive pow- be, at the time of taking office, at least thirty ers and perform such duties as may be assigned years of age. The Governor shall maintain his to him by the Governor or prescribed by this official residence in the Government House on chapter or under the laws of the Virgin Islands. Saint Thomas during his incumbency, which (July 22, 1954, ch. 558, § 11, 68 Stat. 503; Pub. L. house, together with land appurtenant thereto, 90–496, § 4, Aug. 23, 1968, 82 Stat. 837; Pub. L. is hereby transferred to the government of the 97–357, title III, § 309(a), Oct. 19, 1982, 96 Stat. § 1592 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 146

1710; Pub. L. 98–454, title V, § 502, Oct. 5, 1984, 98 § 1592. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, Stat. 1735; Pub. L. 105–362, title IX, § 901(n), Nov. 1966, 80 Stat. 657 10, 1998, 112 Stat. 3290.) Section, act July 22, 1954, ch. 558, § 20(a), 68 Stat. 505, prescribed compensation of Governor. REFERENCES IN TEXT This chapter, referred to in text, was in the original CODIFICATION ‘‘this Act’’, meaning act July 22, 1954, ch. 558, 68 Stat. Section 20 of act July 22, 1954, was amended in its en- 497, as amended, known as the Revised Organic Act of tirety by section 10 of Pub. L. 90–496, Aug. 23, 1968, 82 the Virgin Islands, which is classified principally to Stat. 841, which consolidated the text of said section 20 this chapter. For complete classification of this Act to into a single unlettered paragraph, classified to section the Code, see Short Title note set out under section 1641 of this title. Prior to the 1968 amendment said sec- 1541 of this title and Tables. tion 20 was comprised of subsecs. (a) to (c). Subsec. (a) was classified to this section, and subsecs. (b) and (c) AMENDMENTS were classified to sections 1598 and 1641, respectively, of 1998—Pub. L. 105–362, in fourth paragraph, struck out this title. ‘‘The Governor shall transmit the comprehensive an- nual financial report to the Inspector General of the § 1593. Initiative and recall Department of the Interior who shall audit it and re- (a) Grant of rights port his findings to the Congress.’’ after ‘‘other infor- mation required by the Congress.’’ and ‘‘He shall also The people of the Virgin Islands shall have the submit to the Congress, the Secretary of the Interior, rights of initiative and recall to be exercised as and the cognizant Federal auditors a written statement provided in subsection (b) and subsection (c) of of actions taken or contemplated on Federal audit rec- this section, respectively. ommendations within sixty days after the issuance date of the audit report.’’ after ‘‘under applicable Fed- (b) Initiative eral law.’’ (1) An initiative may enact, amend, or repeal 1984—Pub. L. 98–454 substituted ‘‘Saint Croix, which any law, except that an initiative shall not be house, together with land appurtenant thereto is also used to repeal a law declared by the legislature transferred to the government of the Virgin Islands’’ at the time of passage to be an emergency law for ‘‘Saint Croix free of rent’’ in second paragraph. 1982—Pub. L. 97–357, in fourth paragraph, substituted necessary for the preservation of the public provisions relating to the preparation, etc., of a com- health, safety, or peace. prehensive annual financial report to be submitted to (2) An initiative that proposes a reduction of the Congress, the Secretary of the Interior, and the In- taxes shall also provide for an equivalent reduc- spector General of the Department of the Interior, tion of expenditures or an equivalent increase in preparation of other reports as required by Congress or revenues from other sources. applicable Federal law, and submittal of a written (3) An initiative shall address one subject only statement of actions taken or contemplated on Federal and matters reasonably related to that subject. audit recommendations for provisions relating to an annual report of transactions of the Virgin Islands gov- (4) The ballot question shall be in such form ernment to the Secretary of the Interior for transmit- that a ‘‘yes’’ vote is a vote in favor of the pro- tal to Congress and such other reports as required by posal and a ‘‘no’’ vote is a vote against the pro- Congress or applicable Federal law. posal. 1968—Pub. L. 90–496 amended section generally, pro- (5) A copy of the proposed initiative petition, viding for the popular election of the Governor and including a complete text of the proposed law Lieutenant Governor, setting the date of the first elec- and containing signatures equal to at least 1 tion, defining the scope of their authority, setting out percent of the voters of each legislative district the duties of their offices, specifying the qualifications for the offices of Governor and Lieutenant Governor, or 4 percent of all voters of the Virgin Islands and providing that an elected Governor may serve two must be submitted to the Supervisor of Elec- full successive terms but shall not be again eligible to tions prior to circulation for ballot qualifica- hold that office until one full term has intervened. tion. The Supervisor of Elections must deter- mine within 10 days after the submission wheth- EFFECTIVE DATE OF 1968 AMENDMENT er the preliminary signatures are sufficient. If Pub. L. 90–496, § 16, Aug. 23, 1968, 82 Stat. 842, provided so determined, the Supervisor of Elections shall that: ‘‘Those provisions of this Act [see Short Title refer the preliminary petition to an initiative ti- note set out under section 1541 of this title] necessary tling board consisting of the Attorney General, to authorize the holding of an election for Governor the Supervisor of Elections, and the legislative and Lieutenant Governor on November 3, 1970, shall be counsel of the legislature. The board shall, in an effective January 1, 1970. All other provisions of this open hearing, prepare the official ballot title, Act, unless otherwise expressly provided herein, shall the submission question, and a summary of the be effective January 4, 1971.’’ initiative proposal, and this preparation shall be completed within 30 days after the referral. TERMINATION OF REPORTING REQUIREMENTS (6) After the ballot title has been written, pro- For termination, effective May 15, 2000, of provisions ponents of the initiative proposal shall have a in the 1st sentence of the 4th par. of this section relat- maximum of 180 days to circulate the petition. ing to the requirement that the Governor submit a comprehensive annual financial report to Congress, see Petitions containing signatures equal to at least section 3003 of Pub. L. 104–66, as amended, set out as a 10 percent of the voters of each legislative dis- note under section 1113 of Title 31, Money and Finance, trict or 41 percent of all voters of the Virgin Is- and the 11th item on page 115 of House Document No. lands must be submitted to the Supervisor of 103–7. Elections. The Supervisor shall have 15 days to determine that the minimum number of valid SUBMERGED LANDS, CONVEYANCE TO TERRITORY signatures are contained in the petition and he Conveyance of submerged lands to the government of shall forward the certified proposal to the legis- the Virgin Islands, see section 1701 et seq. of this title. lature which must accept or reject the measure Page 147 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1595 within 30 days. If approved, the initiative shall (d) ‘‘Law’’ and ‘‘voter’’ defined take effect in accordance with its terms. If the As used in this section, the term— legislature does not approve, the initiative shall (1) ‘‘law’’ means a law of the Virgin Islands; be submitted to the voters at the next general and election, unless the legislature approves a spe- (2) ‘‘voter’’ means a registered voter who is cial election for this purpose. The legislature eligible to vote on the issue or for the office may submit its own version of the initiative to involved. the voters. Should both measures be approved by the voters, the measure receiving the higher (July 22, 1954, ch. 558, § 12, 68 Stat. 503; Pub. L. number of votes shall prevail. The voters shall 90–496, § 5, Aug. 23, 1968, 82 Stat. 838; Pub. L. have a clear alternative of rejecting either ver- 99–396, § 1, Aug. 27, 1986, 100 Stat. 837.) sion or the entire proposition. AMENDMENTS (7) An initiative submitted to the voters shall 1986—Pub. L. 99–396 amended section generally, sub- take effect if the initiative is approved by a ma- stituting provisions giving people of Virgin Islands the jority of persons voting and if a majority of the rights of initiative and recall and spelling out ways in voters of the Virgin Islands vote on the initia- which those rights are to be exercised for provisions tive. An initiative may not be vetoed by the which had formerly only set out a method for removal Governor, and when approved by the voters, may of Governor by referendum election. not be amended or repealed by the legislature 1968—Pub. L. 90–496 substituted provisions authoriz- during the 3-year period after its approval un- ing the removal of the Governor from office by a recall less the legislature acts by a two-thirds major- referendum for provisions authorizing the appointment of a Government Secretary for the Virgin Islands, and ity. provisions setting forth his powers and duties. (8) The legislature may provide the manner in which petitions shall be circulated, filed, cer- EFFECTIVE DATE OF 1968 AMENDMENT tified, and the ballot question shall be submit- Amendment of provisions of section necessary to au- ted to the voters. thorize the holding of an election for Governor and (c) Recall Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments of provisions of section, (1) An elected public official of the Virgin Is- unless otherwise expressly provided by Pub. L. 90–496, lands may be removed from office by a recall effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set election carried out under this subsection. The out as a note under section 1591 of this title. grounds for recall are any of the following: lack of fitness, incompetence, neglect of duty, or cor- § 1594. Repealed. Pub. L. 90–496, § 6, Aug. 23, 1968, ruption. 82 Stat. 839 (2) A recall election may be initiated by a two- Section, act July 22, 1954, ch. 558, § 13, 68 Stat. 503, au- thirds vote of the members of the legislature or thorized the Governor to appoint an administrative as- by a petition under this subsection. sistant to reside in St. Croix and an administrative as- (3) Prior to circulation a recall petition which sistant to reside in St. John. identifies by name and office the official being EFFECTIVE DATE OF REPEAL recalled and which states the grounds for recall shall be submitted to the Supervisor of Elec- Pub. L. 90–496, § 6, Aug. 23, 1968, 82 Stat. 839, provided tions. The sponsors of the recall petition shall in part that the repeal of this section is effective on the date of enactment of Pub. L. 90–496, which was approved be allowed a period of 60 days after such submis- Aug. 23, 1968. sion for filing with the Supervisor of Elections a list of signatures equal in number to at least 50 § 1595. Vacancy in office of Governor or Lieuten- percent of the whole number of votes cast for ant Governor that office in the last general election at which (a) Temporary disability or temporary absence of that office was filled. The Supervisor of Elec- Governor tions shall have 15 days in which to determine whether the minimum number of valid signa- In case of the temporary disability or tem- tures are contained in the recall petition. porary absence of the Governor, the Lieutenant (4) A special recall election shall be held with Governor shall have the powers of the Governor. respect to an elected public official not earlier (b) Permanent vacancy in office of Governor; than 30 days after a vote of the legislature under Lieutenant Governor as Governor; term of of- paragraph (2) or a determination of the board of fice elections under paragraph (3), as the case may In case of a permanent vacancy in the office of be, and not later than 60 days after such vote or Governor, arising by reason of the death, res- determination. ignation, removal by recall or permanent dis- (5) An official shall be removed from office ability of the Governor, or the death, resigna- upon approval of the recall in an election in tion, or permanent disability of a Governor- which at least two-thirds of the number of per- elect, or for any other reason, the Lieutenant sons voting for such official in the last preced- Governor or Lieutenant Governor-elect shall be- ing general election at which such official was come the Governor, to hold office for the un- elected vote in favor of recall and in which those expired term and until he or his successor shall so voting constitute a majority of all those par- have been duly elected and qualified at the next ticipating in such recall election. regular election for Governor. (6) No recall election shall be held with respect (c) Temporary disability or temporary absence of to an elected public official— (A) during the first year of the first term of Lieutenant Governor; president of legislature office of the official; or as Lieutenant Governor (B) less than 3 months before a general elec- In case of the temporary disability or tem- tion for the office. porary absence of the Lieutenant Governor, or § 1596 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 148 during any period when the Lieutenant Gov- § 1597. Reorganization of government ernor is acting as Governor, the president of the (a) Consolidation of departments, bureaus, etc.; legislature shall act as Lieutenant Governor. popular election of school board members (d) Permanent vacancy in office of Lieutenant The Governor shall, within one year after July Governor; Governor to appoint new Lieuten- 22, 1954, reorganize and consolidate the existing ant Governor with advice and consent of leg- executive departments, bureaus, independent islature; term of office boards, agencies, authorities, commissions, and In case of a permanent vacancy in the office of other instrumentalities of the government of Lieutenant Governor, arising by reason of the the Virgin Islands or of the municipal govern- death, resignation, or permanent disability of ments into not more than nine executive depart- the Lieutenant Governor, or because the Lieu- ments except for independent bodies whose ex- tenant Governor or Lieutenant Governor-elect istence may be required by Federal law for par- has succeeded to the office of Governor, the Gov- ticipation in Federal programs. The head of each ernor shall appoint a new Lieutenant Governor, executive department other than the depart- with the advice and consent of the legislature, ment of law shall be designated as the commis- to hold office for the unexpired term and until sioner thereof, and the commissioner of finance he or his successor shall have been duly elected shall be bonded. The head of the department of and qualified at the next regular election for law shall be known as the attorney general of Lieutenant Governor. the Virgin Islands. Members of school boards, (e) Temporary disability or temporary absence of which entities of government have been duly or- Governor and Lieutenant Governor; appoint- ganized and established by the government of ment of Acting Governor; permanent vacan- the Virgin Islands, shall be popularly elected. cies in offices of Governor and Lieutenant (b) Changes after examination from time to time Governor; appointment of Governor The Governor shall, from time to time, after In case of the temporary disability or tem- complying with the provisions of subsection (a) porary absence of both the Governor and the of this section, examine the organization of the Lieutenant Governor, the powers of the Gov- executive branch of the government of the Vir- ernor shall be exercised, as Acting Governor, by gin Islands, and shall make such changes there- such person as the laws of the Virgin Islands in, subject to the approval of the legislature, not may prescribe. In case of a permanent vacancy inconsistent with this chapter, as he determines in the offices of both the Governor and Lieuten- are necessary to promote effective management ant Governor, the office of Governor shall be and to execute faithfully the purposes of this filled for the unexpired term in the manner pre- chapter and the laws of the Virgin Islands. scribed by the laws of the Virgin Islands. (c) Appointment of department heads; tenure; re- (f) Additional compensation moval; powers and duties; appointments to boards, etc. No additional compensation shall be paid to any person acting as Governor or Lieutenant The heads of the executive departments cre- Governor who does not also assume the office of ated by this chapter shall be appointed by the Governor or Lieutenant Governor under the pro- Governor, with the advice and consent of the visions of this chapter. legislature. Each shall hold office during the continuance in office of the Governor by whom (July 22, 1954, ch. 558, § 14, 68 Stat. 504; Pub. L. he is appointed and until his successor is ap- 90–496, § 7(a), Aug. 23, 1968, 82 Stat. 839.) pointed and qualified, unless sooner removed by the Governor. Each shall have such powers and AMENDMENTS duties as may be prescribed by the legislature. 1968—Pub. L. 90–496 designated existing provisions as The chairman and members of any board, au- subsec. (a), substituted provisions that in case of the thority, or commission established by the laws temporary disability or temporary absence of the Gov- of the Virgin Islands shall, if the laws of the Vir- ernor, the Lieutenant Governor shall have the powers of the Governor for provisions that in case of a vacancy gin Islands hereafter provide, also be appointed in the office of Governor or the disability of the Gov- by the Governor with the advice and consent of ernor or the temporary absence of the Governor, the the legislature, if such board, authority, or com- Government Secretary shall have all the powers of the mission has quasi-judicial functions: Provided, Governor, and added subsecs. (b) to (f). That no law of the Virgin Islands dealing with the chairmanship, membership, or chairmanship EFFECTIVE DATE OF 1968 AMENDMENT and membership of any such board, authority, or Amendment of provisions of section necessary to au- commission, and requiring an appointment or thorize the holding of an election for Governor and appointments to be made with the advice and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, consent of the legislature, shall relate to more 1970, and all other amendments of provisions of section, unless otherwise expressly provided by Pub. L. 90–496, than one such board, authority, or commission, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set nor shall it relate to any other legislative mat- out as a note under section 1591 of this title. ter. (July 22, 1954, ch. 558, § 16, 68 Stat. 504; Pub. L. § 1596. Repealed. Pub. L. 104–186, title II, § 224(3), 85–224, Aug. 30, 1957, 71 Stat. 510; Pub. L. 86–289, Aug. 20, 1996, 110 Stat. 1752 § 3, Sept. 16, 1959, 73 Stat. 569; Pub. L. 90–496, Section, act July 22, 1954, ch. 558, § 15, as added May § 8(a), Aug. 23, 1968, 82 Stat. 839.) 27, 1975, Pub. L. 94–26, § 2, 89 Stat. 94, related to clerk AMENDMENTS hire allowance and reimbursement for transportation expenses of the Delegate from the Virgin Islands to the 1968—Subsec. (a). Pub. L. 90–496 substituted provi- House of Representatives. sions that members of school boards which have been Page 149 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1611 duly organized by the government of the Virgin Islands property, records, and unexpended balances of be popularly elected for provisions that required the appropriations, authorizations, allocations, and approval of the Secretary of the Interior for the estab- other funds employed, held, used, arising from, lishment of any new department, agency, or other in- strumentality by the Governor or the legislature, un- available or to be made available, of the office of less such department, agency, etc., was required by the government comptroller for the Virgin Is- Federal law for participation in Federal programs. lands related to its audit function are hereby 1959—Subsec. (a). Pub. L. 86–289 provided that the transferred to the Office of Inspector General, head of the department of law should be known as the Department of the Interior. attorney general of the Virgin Islands. 1957—Subsec. (c). Pub. L. 85–224 provided for appoint- (July 22, 1954, ch. 558, § 17, as added Pub. L. ments to boards, authorities or commissions. 97–357, title III, § 309(b), Oct. 19, 1982, 96 Stat. EFFECTIVE DATE OF 1968 AMENDMENT 1710.)

Amendment of provisions of section necessary to au- REFERENCES IN TEXT thorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, The Inspector General Act of 1978, referred to in sub- 1970, and all other amendments of provisions of section, sec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as unless otherwise expressly provided by Pub. L. 90–496, amended, which is set out in the Appendix to Title 5, effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set Government Organization and Employees. out as a note under section 1591 of this title. PRIOR PROVISIONS § 1598. Omitted A prior section 1599, acts July 22, 1954, ch. 558, § 17, 68 CODIFICATION Stat. 505; Aug. 28, 1958, Pub. L. 85–851, §§ 4, 5, 72 Stat. 1094, 1095; Mar. 20, 1962, Pub. L. 87–421, 76 Stat. 43; Aug. Section, act July 22, 1954, ch. 558, § 20(b), 68 Stat. 505, 23, 1968, Pub. L. 90–496, § 9, 82 Stat. 840; Oct. 15, 1977, which related to compensation of the Government Sec- Pub. L. 95–134, title III, § 301(a), 91 Stat. 1162, related to retary, department heads, and staffs of the Governor appointment, status, and duties of the government and Government Secretary, was superseded by section comptroller for the Virgin Islands, prior to repeal by 10 of Pub. L. 90–496, Aug. 23, 1968, 82 Stat. 841, which Pub. L. 97–357, § 309(b). amended section 1641 of this title. See Codification note set out under section 1641 of this title. SUBCHAPTER V—JUDICIAL BRANCH § 1599. Transfer of functions from government comptroller for Virgin Islands to Inspector § 1611. District Court of Virgin Islands; local General, Department of the Interior courts; jurisdiction; practice and procedure (a) Functions, powers, and duties transferred (a) District Court of Virgin Islands; local courts The following functions, powers, and duties The judicial power of the Virgin Islands shall heretofore vested in the government comptroller be vested in a court of record designated the for the Virgin Islands are hereby transferred to ‘‘District Court of the Virgin Islands’’ estab- the Inspector General, Department of the Inte- lished by Congress, and in such appellate court rior, for the purpose of establishing an organiza- and lower local courts as may have been or may tion which will maintain a satisfactory level of hereafter be established by local law. independent audit oversight of the government of the Virgin Islands: (b) Jurisdiction (1) The authority to audit all accounts per- The legislature of the Virgin Islands may vest taining to the revenue and receipts of the gov- in the courts of the Virgin Islands established by ernment of the Virgin Islands, and of funds de- local law jurisdiction over all causes in the Vir- rived from bond issues, and the authority to gin Islands over which any court established by audit, in accordance with law and administra- the Constitution and laws of the United States tive regulations, all expenditures of funds and does not have exclusive jurisdiction. Such juris- property pertaining to the government of the diction shall be subject to the concurrent juris- Virgin Islands including those pertaining to diction conferred on the District Court of the trust funds held by the government of the Vir- Virgin Islands by section 1612(a) and (c) of this gin Islands. title. (2) The authority to report to the Secretary of the Interior and the Governor of the Virgin (c) Practice and procedure Islands all failures to collect amounts due the The rules governing the practice and proce- government, and expenditures of funds or uses dure of the courts established by local law and of property which are irregular or not pursu- those prescribing the qualifications and duties ant to law. of the judges and officers thereof, oaths and (b) Scope of authority transferred bonds, and the times and places of holding court The authority granted in paragraph (a) of this shall be governed by local law or the rules pro- section shall extend to all activities of the gov- mulgated by those courts. ernment of the Virgin Islands, and shall be in (July 22, 1954, ch. 558, § 21, 68 Stat. 506; Pub. L. addition to the authority conferred upon the In- 98–454, title VII, § 702, Oct. 5, 1984, 98 Stat. 1737.) spector General by the Inspector General Act of 1978 (92 Stat. 1101), as amended. AMENDMENTS (c) Transfer of personnel, assets, etc., of office of 1984—Pub. L. 98–454 designated existing provisions as government comptroller for Virgin Islands to subsec. (a), inserted ‘‘established by Congress’’ before Office of Inspector General, Department of ‘‘and in such’’ and substituted ‘‘appellate court and the Interior lower local courts as may have been or may hereafter be established by local law’’ for ‘‘court or courts of in- In order to carry out the provisions of this sec- ferior jurisdiction as have been or may hereafter be es- tion, the personnel, assets, liabilities, contracts, tablished by local law’’, and added subsecs. (b) and (c). § 1612 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 150

EFFECTIVE DATE OF 1984 AMENDMENT of a common scheme or plan, if such act or Amendment by Pub. L. 98–454 effective on ninetieth transaction or acts or transactions also con- day following Oct. 5, 1984, see section 1005 of Pub. L. stitutes or constitute an offense or offenses 98–454, set out as a note under section 1424 of this title. against one or more of the statutes over which the District Court of the Virgin Islands has ju- § 1612. Jurisdiction of District Court risdiction pursuant to subsections (a) and (b) of (a) Jurisdiction this section. The District Court of the Virgin Islands shall (July 22, 1954, ch. 558, § 22, 68 Stat. 506; Pub. L. have the jurisdiction of a District Court of the 95–598, title III, § 336(a), Nov. 6, 1978, 92 Stat. 2680; United States, including, but not limited to, the Pub. L. 98–454, title VII, § 703(a), title X, § 1001, diversity jurisdiction provided for in section 1332 Oct. 5, 1984, 98 Stat. 1738, 1745; Pub. L. 99–514, § 2, of title 28 and that of a bankruptcy court of the Oct. 22, 1986, 100 Stat. 2095.) United States. The District Court of the Virgin REFERENCES IN TEXT Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Is- This chapter, referred to in text, was in the original lands with respect to the income tax laws appli- ‘‘this Act’’, meaning act July 22, 1954, ch. 558, 68 Stat. cable to the Virgin Islands, regardless of the de- 497, as amended, known as the Revised Organic Act of the Virgin Islands, which is classified principally to gree of the offense or of the amount involved, this chapter. For complete classification of this Act to except the ancillary laws relating to the income the Code, see Short Title note set out under section tax enacted by the legislature of the Virgin Is- 1541 of this title and Tables. lands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Is- AMENDMENTS lands which would constitute a criminal offense 1986—Subsec. (a). Pub. L. 99–514 substituted ‘‘Internal described in chapter 75 of subtitle F of title 26 Revenue Code of 1986’’ for ‘‘Internal Revenue Code of shall constitute an offense against the govern- 1954’’, which for purposes of codification was translated ment of the Virgin Islands and may be pros- as ‘‘title 26’’ thus requiring no change in text. ecuted in the name of the government of the 1984—Pub. L. 98–454 amended section generally, des- ignating existing provisions as subsec. (a), substituted Virgin Islands by the appropriate officers there- provisions that District Court would have all jurisdic- of in the District Court of the Virgin Islands tion of a district court of the United States, including without the request or the consent of the United diversity jurisdiction and bankruptcy jurisdiction as States attorney for the Virgin Islands, notwith- well as civil and criminal matters regarding the income standing the provisions of section 1617 of this tax laws applicable to the Virgin Islands for former title. provisions conferring general jurisdiction on the court and providing for the transfer of cases, repealed section (b) General jurisdiction; limitations 336 of Pub. L. 95–598, which had amended this section, In addition to the jurisdiction described in and added subsecs. (b) and (c). subsection (a) the District Court of the Virgin 1978—Pub. L. 95–598 inserted ‘‘and a bankruptcy Islands shall have general original jurisdiction court’’ after ‘‘jurisdiction of a district court’’. in all causes in the Virgin Islands the jurisdic- EFFECTIVE DATE OF 1984 AMENDMENT tion over which is not then vested by local law in the local courts of the Virgin Islands: Pro- Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. vided, That the jurisdiction of the District Court 98–454, set out as a note under section 1424 of this title. of the Virgin Islands under this subsection shall not extend to civil actions wherein the matter EFFECTIVE DATE OF 1978 AMENDMENT in controversy does not exceed the sum or value Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. of $500, exclusive of interest and costs; to crimi- 2682, which provided a prospective effective date for the nal cases wherein the maximum punishment amendment of this section by section 336(a) of Pub. L. which may be imposed does not exceed a fine of 95–598, was repealed by Pub. L. 98–454, title X, § 1001, $100 or imprisonment for six months, or both; Oct. 5, 1984, 98 Stat. 1745. and to violations of local police and executive JURISDICTION OF DISTRICT COURT OVER PENDING CASES regulations. The courts established by local law shall have jurisdiction over the civil actions, Pub. L. 98–454, title VII, § 703(b), Oct. 5, 1984, 98 Stat. 1738, provided that: ‘‘The provisions of this section criminal cases, and violations set forth in the [amending this section] shall not result in the loss of preceding proviso. In causes brought in the dis- jurisdiction of the District Court of the Virgin Islands trict court solely on the basis of this subsection, over any complaint or proceeding pending in it on the the district court shall be considered a court es- day preceding the effective date of this amendatory Act tablished by local law for the purposes of deter- [see Effective Date of 1984 Amendment note set out mining the availability of indictment by grand under section 1424 of this title] and such complaint and jury or trial by jury. proceeding may be pursued to final determination in the District Court of the Virgin Islands, the United (c) Criminal offenses; concurrent jurisdiction States Court of Appeals for the Third Circuit, and the with local courts Supreme Court, notwithstanding the provisions of this The District Court of the Virgin Islands shall amendatory Act [Pub. L. 98–454].’’ have concurrent jurisdiction with the courts of § 1613. Relations between courts of United States the Virgin Islands established by local law over and courts of Virgin Islands; review by those offenses against the criminal laws of the United States Court of Appeals for Third Cir- Virgin Islands, whether felonies or misdemean- cuit; reports to Congress; rules ors or both, which are of the same or similar character or part of, or based on, the same act The relations between the courts established or transaction or two or more acts or trans- by the Constitution or laws of the United States actions connected together or constituting part and the courts established by local law with re- Page 151 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1613a spect to appeals, certiorari, removal of causes, involves the Constitution, treaties, or laws of the issuance of writs of habeas corpus, and other the United States, including this chapter, or any matters or proceedings shall be governed by the authority exercised thereunder by an officer or laws of the United States pertaining to the rela- agency of the Government of the United States, tions between the courts of the United States, or the conformity of any law enacted by the leg- including the Supreme Court of the United islature of the Virgin Islands or of any order or States, and the courts of the several States in regulation issued or action taken by the execu- such matters and proceedings. tive branch of the government of the Virgin Is- (July 22, 1954, ch. 558, § 23, 68 Stat. 506; Pub. L. lands with the Constitution, treaties, or laws of 98–454, title VII, § 704, Oct. 5, 1984, 98 Stat. 1739; the United States, including this chapter, or any Pub. L. 103–437, § 17(a)(4), Nov. 2, 1994, 108 Stat. authority exercised thereunder by an officer or 4595; Pub. L. 112–226, § 1, Dec. 28, 2012, 126 Stat. agency of the United States. 1606.) (b) Appellate division of District Court; quorum; presiding judge; designation of judges; deci- AMENDMENTS sions 2012—Pub. L. 112–226 substituted a period for Appeals to the District Court of the Virgin Is- ‘‘: Provided, That for the first fifteen years following lands shall be heard and determined by an appel- the establishment of the appellate court authorized by late division of the court consisting of three section 1611(a) of this title, the United States Court of judges, of whom two shall constitute a quorum. Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the The chief judge of the district court shall be the highest court of the Virgin Islands from which a deci- presiding judge of the appellate division and sion could be had. The Judicial Council of the Third shall preside therein unless disqualified or Circuit shall submit reports to the Committee on En- otherwise unable to act. The other judges who ergy and Natural Resources of the Senate and the Com- are to sit in the appellate division at any session mittee on Natural Resources of the House of Represent- shall be designated by the presiding judge from atives at intervals of five years following the establish- among the judges who are serving on, or are as- ment of such appellate court as to whether it has devel- signed to, the district court from time to time oped sufficient institutional traditions to justify direct review by the Supreme Court of the United States from pursuant to section 1614(a) of this chapter: Pro- all such final decisions. The United States Court of Ap- vided, That no more than one of them may be a peals for the Third Circuit shall have jurisdiction to judge of a court established by local law. The promulgate rules necessary to carry out the provisions concurrence of two judges shall be necessary to of this section.’’ at end. any decision by the appellate division of the dis- 1994—Pub. L. 103–437 substituted ‘‘Natural Resources’’ trict court on the merits of an appeal, but the for ‘‘Interior and Insular Affairs’’ before ‘‘of the presiding judge alone may make any appropriate House’’. orders with respect to an appeal prior to the 1984—Pub. L. 98–454 amended section generally, sub- stituting provisions relating to the relations between hearing and determination thereof on the merits local law courts and already established courts under and may dismiss an appeal for want of jurisdic- the Constitution or laws of the United States with re- tion or failure to take or prosecute it in accord- spect to appeals, certiorari, etc. and providing that the ance with the applicable law or rules of proce- Court of Appeals for the Third Circuit shall have juris- dure. Appeals pending in the district court on diction to review all final decisions from the highest the effective date of this Act 1 shall be heard and court of the Virgin Islands for fifteen years after the determined by a single judge. appellate court is established for former provisions re- lating to the jurisdiction of inferior courts, transfer of (c) United States Court of Appeals for Third Cir- actions, status as committing court, bail and rules. cuit; jurisdiction; appeals; rules The United States Court of Appeals for the EFFECTIVE DATE OF 2012 AMENDMENT Third Circuit shall have jurisdiction of appeals Amendment by Pub. L. 112–226 applicable to cases from all final decisions of the district court on commenced on or after Dec. 28, 2012, see section 3 of appeal from the courts established by local law. Pub. L. 112–226, set out as an Effective Date note under The United States Court of Appeals for the section 1260 of Title 28, Judiciary and Judicial Proce- dure. Third Circuit shall have jurisdiction to promul- gate rules necessary to carry out the provisions EFFECTIVE DATE OF 1984 AMENDMENT of this subsection. Amendment by Pub. L. 98–454 effective on ninetieth (d) Appeals to appellate court; effect on District day following Oct. 5, 1984, see section 1005 of Pub. L. Court 98–454, set out as a note under section 1424 of this title. Upon the establishment of the appellate court § 1613a. Appellate jurisdiction of District Court; provided for in section 1611(a) of this title all ap- procedure; review by United States Court of peals from the decisions of the courts of the Vir- Appeals for Third Circuit; rules; appeals to gin Islands established by local law not pre- appellate court viously taken must be taken to that appellate court. The establishment of the appellate court (a) Appellate jurisdiction of District Court shall not result in the loss of jurisdiction of the Prior to the establishment of the appellate district court over any appeal then pending in court authorized by section 1611(a) of this title, it. The rulings of the district court on such ap- the District Court of the Virgin Islands shall peals may be reviewed in the United States have such appellate jurisdiction over the courts Court of Appeals for the Third Circuit and in the of the Virgin Islands established by local law to Supreme Court notwithstanding the establish- the extent now or hereafter prescribed by local ment of the appellate court. law: Provided, That the legislature may not pre- clude the review of any judgment or order which 1 See References in Text note below. § 1614 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 152

(July 22, 1954, ch. 558, § 23A, as added Pub. L. Rules of Criminal Procedure, shall, when appli- 98–454, title VII, § 705, Oct. 5, 1984, 98 Stat. 1739.) cable to causes arising under the income tax laws applicable to the Virgin Islands, mean the REFERENCES IN TEXT Attorney General of the Virgin Islands or such This chapter, referred to in subsecs. (a) and (b), was other person or persons as may be authorized by in the original ‘‘this Act’’, meaning act July 22, 1954, the laws of the Virgin Islands to act therein: ch. 558, 68 Stat. 497, as amended, known as the Revised Provided further, That in the district court all Organic Act of the Virgin Islands, which is classified criminal prosecutions under the laws of the principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out United States, under local law under section under section 1541 of this title and Tables. 1612(c) of this title, and under the income tax The effective date of this Act, referred to in subsec. laws applicable to the Virgin Islands may be had (b), probably means the effective date of title VII of by indictment by grand jury or by information: Pub. L. 98–454, which is 90 days after Oct. 5, 1984, and Provided further, That an offense which has been which enacted this section. investigated by or presented to a grand jury EFFECTIVE DATE may be prosecuted by information only by leave of court or with the consent of the defendant. Section effective on ninetieth day following Oct. 5, All criminal prosecutions arising under local 1984, see section 1005 of Pub. L. 98–454, set out as an Ef- fective Date of 1984 Amendment note under section 1424 law which are tried in the district court pursu- of this title. ant to section 1612(b) of this title shall continue to be had by information, except such as may be § 1614. Judges of District Court required by the local law to be prosecuted by in- dictment by grand jury. (a) Appointment; tenure; removal; chief judge; compensation (c) United States marshal The President shall, by and with the advice The Attorney General shall appoint a United and consent of the Senate, appoint two judges States marshal for the Virgin Islands, to whose for the District Court of the Virgin Islands, who office the provisions of chapter 37 of title 28 shall hold office for terms of ten years and until shall apply. their successors are chosen and qualified, unless (July 22, 1954, ch. 558, § 24, 68 Stat. 506; Pub. L. sooner removed by the President for cause. The 85–851, § 7, Aug. 28, 1958, 72 Stat. 1095; Pub. L. judge of the district court who is senior in con- 91–272, § 3(b), June 2, 1970, 84 Stat. 296; Pub. L. tinuous service and who otherwise qualifies 98–454, title VII, § 706(a), (b), Oct. 5, 1984, 98 Stat. under section 136(a) of title 28 shall be the chief 1740.) judge of the court. The salary of a judge of the district court shall be at the rate prescribed for REFERENCES IN TEXT judges of the United States district courts. The Federal Rules of Criminal Procedure, referred to Whenever it is made to appear that such an as- in subsec. (b), are set out in the Appendix to Title 18, signment is necessary for the proper dispatch of Crimes and Criminal Procedure. the business of the district court, the chief judge of the Third Judicial Circuit of the United CODIFICATION States may assign a judge of a court of record of In subsec. (c), ‘‘chapter 37 of title 28’’ substituted for the Virgin Islands established by local law, or a ‘‘chapter 33 of title 28’’ on authority of Pub. L. 89–554, circuit or district judge of the Third Judicial § 7(b), Sept. 6, 1966, 80 Stat. 631, section 4(c) of which re- Circuit, or a recalled senior judge of the District vised part II of Title 28, Judiciary and Judicial Proce- Court of the Virgin Islands, or the Chief Justice dure. of the United States may assign any other AMENDMENTS United States circuit or district judge with the consent of the judge so assigned and of the chief 1984—Subsec. (a). Pub. L. 98–454, § 706(a), substituted provisions extending the term of a judge of the district judge of his circuit, to serve temporarily as a court from eight to ten years, further substituted ‘‘of a judge of the District Court of the Virgin Islands. court of the Virgin Islands established by local law,’’ The compensation of the judges of the district for ‘‘a judge of the municipal court of the Virgin Is- court and the administrative expenses of the lands,’’ in third sentence, and inserted provisions re- court shall be paid from appropriations made for garding the designation of the chief judge. the judiciary of the United States. Subsec. (b). Pub. L. 98–454, § 706(b), substituted provi- sions relating to criminal procedure in the district (b) Criminal offenses; procedure; definitions; in- courts for former provisions which related to the chief dictment and information judge of the district court and which are now set out in Where appropriate, the provisions of part II of subsec. (a). title 18 and of title 28 and, notwithstanding the 1970—Subsec. (a). Pub. L. 91–272 designated existing provisions as subsec. (a), increased from one to two the provisions of rule 7(a) and of rule 54(a) of the number of district judges, added judges of the munici- Federal Rules of Criminal Procedure relating to pal court of the Virgin Islands to the list of judges from the requirement of indictment and to the pros- which may be drawn temporary judges for the district ecution of criminal offenses in the Virgin Is- court, and transferred to subsec. (c) provisions covering lands by information, respectively, the rules of the appointment of a United States marshal for the practice heretofore or hereafter promulgated Virgin Islands. and made effective by the Congress or the Su- Subsec. (b). Pub. L. 91–272 added subsec. (b). preme Court of the United States pursuant to Subsec. (c). Pub. L. 91–272 added subsec. (c), the sub- stance of which was formerly contained in subsec. (a). titles 11, 18, and 28 shall apply to the district 1958—Pub. L. 85–851 substituted ‘‘the Attorney Gen- court and appeals therefrom: Provided, That the eral shall appoint a United States marshal’’ for ‘‘the terms ‘‘Attorney for the government’’ and Attorney General shall, as heretofore, appoint a mar- ‘‘United States attorney’’ as used in the Federal shal and one deputy marshal’’. Page 153 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1617

EFFECTIVE DATE OF 1984 AMENDMENT § 1616. Trial by jury Amendment by Pub. L. 98–454 effective on ninetieth All criminal cases originating in the district day following Oct. 5, 1984, see section 1005 of Pub. L. court shall be tried by jury upon demand by the 98–454, set out as a note under section 1424 of this title. defendant or by the Government. If no jury is CHIEF JUDGE; DISTRICT COURT; DETERMINATION AND demanded the case shall be tried by the judge of QUALIFICATIONS the district court without a jury, except that Pub. L. 98–454, title VII, § 706(c), Oct. 5, 1984, 98 Stat. the judge may, on his own motion, order a jury 1741, provided that: ‘‘The provisions of subsection (a) of for the trial of any criminal action. The legisla- this section [amending this section] regarding the de- ture may provide for trial in misdemeanor cases termination and qualifications of the chief judge of the by a jury of six qualified persons. District Court of the Virgin Islands shall not apply to a person serving as chief judge of said court on the ef- (July 22, 1954, ch. 558, § 26, 68 Stat. 507; Pub. L. fective date of this Act [see Effective Date of 1984 85–851, § 8, Aug. 28, 1958, 72 Stat. 1095.) Amendment note set out under section 1424 of this title].’’ AMENDMENTS 1958—Pub. L. 85–851 substituted requirement of jury EXTENSION OF TERM OF DISTRICT JUDGES trial upon demand by defendant or Government for pro- Extension of term of district court judges to ten hibition against denial to any person on demand of ei- years applicable to judges holding office on Oct. 5, 1984, ther party. see section 1004 of Pub. L. 98–454, set out as a note under section 1424b of this title. § 1617. United States attorney; appointment; du- ties PRESENT INCUMBENT Enactment of this chapter as not affecting term of of- The President shall, by and with the advice fice of judge of the District Court of the Virgin Islands and consent of the Senate, appoint a United in office on the date of its enactment, see Effective States attorney for the Virgin Islands to whose Date note set out under section 1541 of this title. office the provisions of chapter 35 of title 28, shall apply. Except as otherwise provided by law RESIGNATION AND RETIREMENT OF JUDGES it shall be the duty of the United States attor- Resignation and retirement of judges in the Terri- ney to prosecute all offenses against the United tories and possessions, see section 373 of Title 28, Judi- States and to conduct all legal proceedings, civil ciary and Judicial Procedure. and criminal, to which the Government of the § 1615. Judicial divisions United States is a party in the district court and in the courts established by local law. He shall The Virgin Islands consists of two judicial di- also prosecute in the district court in the name visions; the Division of Saint Croix, comprising of the government of the Virgin Islands all of- the island of Saint Croix and adjacent islands fenses against the laws of the Virgin Islands and cays, and the Division of Saint Thomas and which are cognizable by that court unless, at his Saint John, comprising the islands of Saint request or with his consent, the prosecution of Thomas and Saint John and adjacent islands any such case is conducted by the attorney gen- and cays. eral of the Virgin Islands. The United States at- (July 22, 1954, ch. 558, § 25, 68 Stat. 507; Pub. L. torney may, when requested by the Governor or 95–598, title III, § 336(b), Nov. 6, 1978, 92 Stat. 2680; the attorney general of the Virgin Islands, con- Pub. L. 98–454, title VII, § 707, title X, § 1001, Oct. duct any other legal proceedings to which the 5, 1984, 98 Stat. 1741, 1745; Pub. L. 101–219, title II, government of the Virgin Islands is a party in § 203, Dec. 12, 1989, 103 Stat. 1874.) the district court or the courts established by local law. AMENDMENTS 1989—Pub. L. 101–219 struck out provision that court (July 22, 1954, ch. 558, § 27, 68 Stat. 507; Pub. L. for the Division of Saint Croix be held in Christiansted 85–851, § 9, Aug. 28, 1958, 72 Stat. 1095; Pub. L. and for the Division of Saint Thomas and Saint John at 86–289, § 4, Sept. 16, 1959, 73 Stat. 569; Pub. L. Charlotte Amalie. 92–24, June 2, 1971, 85 Stat. 76; Pub. L. 98–454, 1984—Pub. L. 98–454 amended section generally, in- title VII, § 708, Oct. 5, 1984, 98 Stat. 1741.) serting provisions setting forth places for the holding of court of each judicial division and striking out pro- AMENDMENTS visions relating to the applicability of procedural rules 1984—Pub. L. 98–454 substituted ‘‘courts established and prosecutions by information and indictment, which by local law’’ for ‘‘inferior courts of the Virgin Islands’’ are now covered under section 1614 of this title, and re- wherever appearing and struck out provisions relating pealed section 336 of Pub. L. 95–598 which had amended to vacancies in the office of United States attorney for this section. the Virgin Islands. 1978—Pub. L. 95–598 substituted ‘‘section 2075 of title 1971—Pub. L. 92–24 substituted ‘‘chapter 35’’ for 28 in cases under title 11’’ for ‘‘section 53 of title 11 in ‘‘chapter 31’’ and struck out ‘‘except that the Attorney bankruptcy cases’’. General shall not appoint more than one assistant United States attorney for the Virgin Islands’’ after EFFECTIVE DATE OF 1984 AMENDMENT ‘‘shall apply’’. Amendment by Pub. L. 98–454 effective on ninetieth 1959—Pub. L. 86–289 substituted provisions making day following Oct. 5, 1984, see section 1005 of Pub. L. chapter 31 of title 28 applicable to United States attor- 98–454, set out as a note under section 1424 of this title. ney and by provisions specifying his duties, for provi- sions which prescribed his term of office and provided EFFECTIVE DATE OF 1978 AMENDMENT for his compensation, provided for appointment and Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. compensation of his assistant and employees, and pro- 2682, which provided a prospective effective date for the vided that he or his assistant conduct all legal proceed- amendment of this section by section 336(b) of Pub. L. ings in which the United States Government or the 95–598, was repealed by Pub. L. 98–454, title X, § 1001, government of the Virgin Islands is a party in the Dis- Oct. 5, 1984, 98 Stat. 1745. trict Court and inferior courts. § 1631 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 154

1958—Pub. L. 85–851 substituted ‘‘United States attor- Comptroller of Virgin Islands, and report thereon to ney’’ for ‘‘district attorney’’ wherever appearing. Governor, Secretary of the Interior, and Congress.

EFFECTIVE DATE OF 1984 AMENDMENT EFFECTIVE DATE OF REPEAL Amendment by Pub. L. 98–454 effective on ninetieth Pub. L. 90–496, § 14, Aug. 23, 1968, 82 Stat. 842, provided day following Oct. 5, 1984, see section 1005 of Pub. L. that the repeal of this section is effective on the date 98–454, set out as a note under section 1424 of this title. of enactment of Pub. L. 90–496, which was approved Aug. 23, 1968. SUBCHAPTER VI—SYSTEM OF ACCOUNTS SUBCHAPTER VII—FISCAL PROVISIONS § 1631. Establishment and maintenance; scope § 1641. Method of payment of official salaries The Governor shall establish and maintain systems of accounting and internal control de- The salaries and travel allowances of the Gov- signed to provide— ernor, Lieutenant Governor, the heads of the ex- (a) full disclosure of the financial results of ecutive departments, other officers and employ- the government’s activities; ees of the government of the Virgin Islands, and (b) adequate financial information needed the members of the legislature shall be paid by for the government’s management purposes; the government of the Virgin Islands at rates (c) effective control over and accountability prescribed by the laws of the Virgin Islands. for all funds, property, and other assets for (July 22, 1954, ch. 558, § 20, formerly § 20(c), 68 which the government is responsible, includ- Stat. 506; Pub. L. 85–851, § 6(a), Aug. 28, 1958, 72 ing appropriate internal audit; and Stat. 1095; Pub. L. 90–496, § 10, Aug. 23, 1968, 82 (d) reliable accounting results to serve as Stat. 841.) the basis for preparation and support of the government’s request for the approval of the CODIFICATION President or his designated representative for Prior to the 1968 amendment of section 20 of act July the obligation and expenditure of the internal 22, 1954, this section constituted subsec. (c) of said sec- revenue collections as provided in section 26, tion 20. Subsecs. (a) and (b) of said section 20 were clas- the Governor’s budget request to the legisla- sified to sections 1592 and 1598, respectively, of this title. Section 10 of Pub. L. 90–496 consolidated the text ture, and for controlling the execution of the of said section 20 into a single unlettered paragraph, said budget. classified to this section.

(July 22, 1954, ch. 558, § 18, 68 Stat. 505.) AMENDMENTS REFERENCES IN TEXT 1968—Pub. L. 90–496 substituted provisions that the Section 26, referred to in subsec. (d), probably means salaries and travel allowances of all officials connected section 26 of S. 3378 (act July 22, 1954, ch. 558, 68 Stat. with the executive and legislative departments of the 497) prior to the submission of S. 3378 to the Conference government of the Virgin Islands be paid by the govern- Committee which redesignated section 26 as section 28 ment of the Virgin Islands at rates prescribed by the of S. 3378. Said section 28 was composed of subsecs. (a) laws of the Virgin Islands for provisions that the sala- to (d). Subsecs. (a), (c), and (d) thereof enacted sections ries of the Governor, the Government Secretary, the 1642, 1643, and 1644 of this title, respectively. Subsec. (b) government comptroller, and their immediate staffs be thereof added subsec. (c) to section 3350 of former Title paid by the United States, and provisions that the sala- 26, Internal Revenue Code. Reference to section 3350(c) ries of the heads of the executive departments be paid of former Title 26 is deemed a reference to section by the government of the Virgin Islands, such salaries 7652(b)(3) of Title 26, Internal Revenue Code. See sec- to be paid without the necessity of further appropria- tion 7852(b) of Title 26, Internal Revenue Code, which tions therefor, if the legislature fails to make an appro- provides that any reference in any other law to a provi- priation for such salaries. sion of the Internal Revenue Code of 1939 be deemed a 1958—Pub. L. 85–851 provided for the payment of the reference to the corresponding provisions of the Inter- salary of the government comptroller by the United nal Revenue Code of 1986. States instead of by the government of the Virgin Is- lands. AGREEMENT REGARDING FINANCIAL ACCOUNTABILITY EFFECTIVE DATE OF 1968 AMENDMENT AND PERFORMANCE STANDARDS Amendment of provisions of section necessary to au- Pub. L. 106–84, § 2, Oct. 28, 1999, 113 Stat. 1295, provided thorize the holding of an election for Governor and that: Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, ‘‘(a) IN GENERAL.—The Secretary of the Interior is au- 1970, and all other amendments of provisions of section, thorized to enter into an agreement with the Governor unless otherwise expressly provided by Pub. L. 90–496, of the Virgin Islands establishing mutually agreed fi- effective Jan. 4, 1971, see section 16 of Pub. L. 90–496, set nancial accountability and performance standards for out as a note under section 1591 of this title. the fiscal operations of the Government of the Virgin Islands. EFFECTIVE DATE OF 1958 AMENDMENT ‘‘(b) TRANSMISSION TO CONGRESS.—Upon ratification of the agreement authorized in subsection (a) by both Pub. L. 85–851, § 6(b), Aug. 28, 1958, 72 Stat. 1095, pro- parties, the Secretary shall forward a copy of the vided that: ‘‘This section 6 [amending this section] agreement to the Committee on Resources [now Com- shall become effective on July 1, 1959.’’ mittee on Natural Resources] in the House of Rep- ELIMINATION OF GENERAL FUND DEFICITS OF GUAM AND resentatives and the Committee on Energy and Natural VIRGIN ISLANDS Resources in the Senate.’’ Pub. L. 96–597, title VI, § 607, Dec. 24, 1980, 94 Stat. § 1632. Repealed. Pub. L. 90–496, § 14, Aug. 23, 3483, as amended by Pub. L. 97–357, title VI, § 601, Oct. 1968, 82 Stat. 842 19, 1982, 96 Stat. 1712, provided that: ‘‘(a) In order to assist the governments of Guam and Section, act July 22, 1954, ch. 558, § 19, 68 Stat. 505, au- the Virgin Islands in eliminating general fund deficits, thorized Comptroller General of United States to re- there is authorized to be appropriated to the Secretary view annually the office and activities of Government of the Interior for payment to Guam not to exceed Page 155 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1642a

$15,000,000 for fiscal year 1982, and $11,000,000 for fiscal Provided further, That nothing in this chapter year 1983, $7,500,000 for fiscal year 1984, and $4,000,000 for shall be construed to apply to any tax specified fiscal year 1985; and for payment to the Virgin Islands in section 3811 of the Internal Revenue Code. not to exceed $12,000,000 for fiscal year 1982, $9,000,000 for fiscal year 1983, $6,000,000 for fiscal year 1984, and (July 22, 1954, ch. 558, § 28(a), 68 Stat. 508; Pub. L. $3,000,000 for fiscal year 1985. 95–348, § 4(c)(3), Aug. 18, 1978, 92 Stat. 491; Pub. L. ‘‘(b) The Governors of Guam and the Virgin Islands 96–205, title IV, § 403(a), Mar. 12, 1980, 94 Stat. 89.) shall, as a condition for a grant pursuant to subsection (a) of this section, submit a plan which is designed to REFERENCES IN TEXT eliminate the respective territory’s general fund deficit by the beginning of fiscal year 1987 to the Secretary of Act of August 18, 1978, referred to in text, probably the Interior. Within sixty days after he has received means Pub. L. 95–348, Aug. 18, 1978, 92 Stat. 487, as such a plan, the Secretary of the Interior shall trans- amended, which enacted sections 1645 and 1841 of this mit the plan, together with his comments and recom- title and section 410dd of Title 16, Conservation, amend- mendations to the Congress. The plan shall provide ed sections 1421h, 1469a, 1575, and 1642 of this title and for— sections 398a and 398c to 398f of Title 16, and enacted ‘‘(1) implementation of an effective budgetary and provisions set out as a note under sections 1421, 1641, accounting system; and 1681 of this title. For complete classification of this ‘‘(2) realistic revenue and expenditure projections Act to the Code, see Tables. which will progressively reduce current year general This chapter, referred to in text, was in the original fund deficits and result in a balanced general fund ‘‘this Act’’, meaning act July 22, 1954, ch. 558, 68 Stat. budget no later than the beginning of fiscal year 1987; 497, as amended, known as the Revised Organic Act of ‘‘(3) financing of accumulated general fund deficits; the Virgin Islands, which is classified principally to and this chapter. For complete classification of this Act to ‘‘(4) quarterly goals and timetables for implement- the Code, see Short Title note set out under section ing the plan. The plan shall also indicate that the 1541 of this title and Tables. Governor has the necessary authority to implement Section 3811 of the Internal Revenue Code, referred to the plan. in text, means section 3811 of former Title 26, Internal ‘‘(c) Not later than thirty days after the close of each Revenue Code, which was repealed by section 7851(a)(7) quarter which occurs after the plan has been transmit- of the Internal Revenue Code of 1986. Similar provisions ted to the Congress, the respective Governor shall sub- are contained in section 7651 of Title 26, Internal Reve- mit a report to the Secretary of the Interior and the nue Code. For provision that any reference in any other Congress describing in detail the success or failure of law to a provision of the Internal Revenue Code of 1939 such territory in meeting the goals and timetables de- be deemed a reference to the corresponding provision of scribed in such plan.’’ the Internal Revenue Code of 1986, see section 7852(b) of Title 26. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR ANTICIPATED DEFICITS DURING FISCAL YEARS 1979 CODIFICATION THROUGH 1981; TERMS AND CONDITIONS; REPORT ON FINANCIAL CONDITION; CONTENTS Section constitutes subsec. (a) of section 28 of act July 22, 1954. Subsec. (b) of section 28 amended section Pub. L. 95–348, § 4(d), Aug. 18, 1978, 92 Stat. 491, author- 3350 of former Title 26, Internal Revenue Code, 1939, and ized appropriations for fiscal years 1979 to 1981 for subsecs. (c) and (d) thereof are classified to sections grants for anticipated deficits in such years, and re- 1643 and 1644, respectively, of this title. quired a report respecting financial conditions and ac- tivities, prior to repeal by Pub. L. 96–205, title IV, § 404, AMENDMENTS Mar. 12, 1980, 94 Stat. 89. 1980—Pub. L. 96–205 inserted provisions relating to de- § 1642. Use of certain proceeds for expenditure; ductions for the costs of collecting the duties, taxes, income tax obligations of inhabitants and fees attributable to the importation of petroleum products until Jan. 1, 1982, provided that outstanding The proceeds of customs duties, the proceeds retained costs are immediately remitted to the Treas- of the United States income tax, the proceeds of ury of the Virgin Islands. any taxes levied by the Congress on the inhab- 1978—Pub. L. 95–348 struck out ‘‘less the cost of col- itants of the Virgin Islands, and the proceeds of lecting all of said duties, taxes, and fees,’’ before ‘‘shall be covered’’. all quarantine, passport, immigration, and natu- ralization fees collected in the Virgin Islands, § 1642a. Availability of collected customs duties (less the cost of collecting such duties, taxes and for expenditures as Legislature may provide fees as may be directly attributable (as certified by the Comptroller of the Virgin Islands) to the Notwithstanding any other provision of law, importation of petroleum products until Janu- the proceeds of customs duties collected in the ary 1, 1982: Provided, That any other retained Virgin Islands less the cost of collecting all said costs not heretofore remitted pursuant to the duties shall, effective for fiscal years beginning Act of August 18, 1978, shall be immediately re- after September 30, 1979, be covered into the mitted to the Treasury of the Virgin Islands Treasury of the Virgin Islands, and shall be notwithstanding any other provision of law) available for expenditure as the Legislator 1 of shall be covered into the treasury of the Virgin the Virgin Islands may provide. Islands, and shall be available for expenditure as (Pub. L. 96–304, title I, § 100, July 8, 1980, 94 Stat. the Legislature of the Virgin Islands may pro- 907.) vide: Provided, That the term ‘‘inhabitants of the Virgin Islands’’ as used in this section shall PRIOR PROVISIONS include all persons whose permanent residence A prior section 1642a, Pub. L. 96–38, title I, July 25, is in the Virgin Islands, and such persons shall 1979, 93 Stat. 122, related to availability of collected satisfy their income tax obligations under appli- customs duties for expenditures as the Virgin Islands cable taxing statutes of the United States by Legislature may provide, prior to repeal by Pub. L. paying their tax on income derived from all 96–205, title IV, § 403(b), Mar. 12, 1980, 94 Stat. 89. sources both within and outside the Virgin Is- lands into the treasury of the Virgin Islands: 1 So in original. Probably should be ‘‘Legislature’’. § 1643 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 156

§ 1643. Import provisions with respect to trade- § 1645. Remittance of duties, taxes, and fees to be marks collected in next fiscal year; authorization, prerequisites, amount, etc. Section 1124 of title 15, and section 1526 of title 19, shall not apply to importations into the Vir- Beginning as soon as the government of the gin Islands of genuine foreign merchandise bear- Virgin Islands enacts legislation establishing a ing a genuine foreign trade-mark, but shall re- fiscal year commencing on October 1 and ending main applicable to importations of such mer- on September 30, the Secretary of the Treasury, chandise from the Virgin Islands into the United prior to the commencement of any fiscal year, States or its possessions; and the dealing in or shall remit to the government of the Virgin Is- possession of any such merchandise in the Vir- lands the amount of duties, taxes, and fees gin Islands shall not constitute a violation of which the Governor of the Virgin Islands, with any registrant’s right under the Trade Mark Act the concurrence of the government comptroller [15 U.S.C. 1051 et seq.]. of the Virgin Islands, has estimated will be col- (July 22, 1954, ch. 558, § 28(c), 68 Stat. 509.) lected in or derived from the Virgin Islands under the Revised Organic Act of the Virgin Is- REFERENCES IN TEXT lands [48 U.S.C. 1541 et seq.] during the next fis- The Trade Mark Act, referred to in text, probably cal year, except for those sums covered directly means the Trademark Act of 1946, also popularly upon collection into the treasury of the Virgin known as the Lanham Act, act July 5, 1946, ch. 540, 60 Islands. There shall be deducted from or added Stat. 427, as amended, which is classified generally to to the amounts so remitted, as may be appro- chapter 22 (§ 1051 et seq.) of Title 15, Commerce and priate, at the beginning of the fiscal year, the Trade. For complete classification of this Act to the difference between the amount of duties, taxes, Code, see Short Title note set out under section 1051 of and fees actually collected during the prior fis- Title 15 and Tables. cal year and the amount of such duties, taxes, CODIFICATION and fees as estimated and remitted at the begin- Section constitutes subsec. (c) of section 28 of act ning of that prior fiscal year, including any de- July 22, 1954. Subsec. (b) of section 28 amended section ductions which may be required as a result of 3350 of former Title 26, Internal Revenue Code, 1939, and the operation of sections 1574a to 1574d 1 of this subsecs. (a) and (d) thereof are classified to sections title. 1642 and 1644, respectively, of this title. (Pub. L. 95–348, § 4(c)(2), Aug. 18, 1978, 92 Stat. § 1644. Import duties on articles entering United 490.) States or possessions from Virgin Islands REFERENCES IN TEXT All articles coming into the United States The Revised Organic Act of the Virgin Islands, re- from the Virgin Islands shall be subject to or ex- ferred to in text, is act July 22, 1954, ch. 558, 68 Stat. empt from duty as provided for in section 1301a 1 497, as amended, which is classified principally to this of title 19 and subject to internal-revenue taxes chapter. For complete classification of this Act to the as provided for in section 7652(b) of title 26. Code, see Short Title note set out under section 1541 of this title and Tables. (July 22, 1954, ch. 558, § 28(d), 68 Stat. 509; Sept. Section 1574d of this title, referred to in text, was re- 1, 1954, ch. 1213, title IV, § 402(a), 68 Stat. 1140; pealed by Pub. L. 97–357, title III, § 308(g), Oct. 19, 1982, Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) 96 Stat. 1710.

EFERENCES IN EXT R T CODIFICATION Section 1301a of title 19, referred to in text, was re- Section was not enacted as part of the Revised Or- pealed by Pub. L. 87–456, title III, § 301(a), May 24, 1962, ganic Act of the Virgin Islands which comprises this 76 Stat. 75. See General Headnote 3(a) under section chapter. 1202 of Title 19, Customs Duties.

CODIFICATION CHAPTER 13—EASTERN SAMOA

Section constitutes subsec. (d) of section 28 of act Sec. July 22, 1954. Subsecs. (a) and (c) of section 28 are clas- 1661. Islands of eastern Samoa. sified to sections 1642 and 1643, respectively, of this 1662. Sovereignty of United States extended over title, and subsec. (b) thereof amended section 3350 of Swains Island. former Title 26, Internal Revenue Code, 1939. 1662a. Amendment of constitution of American Samoa. AMENDMENTS 1663. Acknowledgment of deeds. 1986—Pub. L. 99–514 substituted ‘‘Internal Revenue 1664. Repealed. Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, 1665. Omitted. which for purposes of codification was translated as 1666. Extension of scientific, technical, and other ‘‘title 26’’ thus requiring no change in text. assistance; grant-in-aid program restric- 1954—Act Sept. 1, 1954, subjected the Virgin Islands to tion; limitations on expenditures. the general provision for importations from insular 1667. Repealed. possessions contained in section 1301a of Title 19, Cus- 1668. Reporting duties of Governor and transfer of toms Duties. functions from government comptroller for American Samoa to Inspector General, De- EFFECTIVE DATE OF 1954 AMENDMENT partment of the Interior. Amendment by act Sept. 1, 1954, effective on and after 1669. Administration and enforcement of collection the thirtieth day following Sept. 1, 1954, see section 601 of customs duties; employment and train- of act Sept. 1, 1954, set out as a note under section 1421e ing of residents. of this title. 1670. Industrial development bonds.

1 See References in Text note below. 1 See References in Text note below. Page 157 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1662a

§ 1661. Islands of eastern Samoa trative and judicial authorities of the govern- ment established therein by the United States. (a) Ceded to and accepted by United States The cessions by certain chiefs of the islands of (Mar. 4, 1925, ch. 563, 43 Stat. 1357.) Tutuila and Manua and certain other islands of CODIFICATION the Samoan group lying between the thirteenth Section was formerly classified to section 1431 of this and fifteenth degrees of latitude south of the title. Equator and between the one hundred and sixty- seventh and one hundred and seventy-first de- TRANSFER OF PERSONAL PROPERTY TO GOVERNMENT OF AMERICAN SAMOA grees of longitude west of Greenwich, herein re- ferred to as the islands of eastern Samoa, are ac- Pub. L. 96–597, title I, § 101, Dec. 24, 1980, 94 Stat. 3477, cepted, ratified, and confirmed, as of April 10, provided that: ‘‘Notwithstanding any other provision of 1900, and July 16, 1904, respectively. law and subject to valid existing rights, all right, title, and interest of the Government of the United States in (b) Public land laws; revenue personal property situated in American Samoa shall be The existing laws of the United States relative transferred, without reimbursement, to the American to public lands shall not apply to such lands in Samoa government on October 1, 1981, unless the agen- cy of the Government of the United States having ad- the said islands of eastern Samoa; but the Con- ministrative responsibility for the property advises the gress of the United States shall enact special Secretary of the Interior in writing before the date of laws for their management and disposition: Pro- transfer that it has a continuing requirement for such vided, That all revenue from or proceeds of the property.’’ same, except as regards such part thereof as TRANSFER OF CERTAIN PROPERTY TO GOVERNMENT OF may be used or occupied for the civil, military, AMERICAN SAMOA or naval purposes of the United States or may be assigned for the use of the local government, Pub. L. 87–158, Aug. 17, 1961, 75 Stat. 392, authorized shall be used solely for the benefit of the inhab- the Secretary of the Navy to transfer, without reim- bursement or transfer of funds, to the government of itants of the said islands of eastern Samoa for American Samoa, within ninety days after August 17, educational and other public purposes. 1961, title to all property, real and personal, located in (c) Government American Samoa on that date which was owned by the United States and was within the administrative super- Until Congress shall provide for the govern- vision of the Department of the Navy on such date. ment of such islands, all civil, judicial, and mili- tary powers shall be vested in such person or SUBMERGED LANDS, CONVEYANCE TO TERRITORY persons and shall be exercised in such manner as Conveyance of submerged lands to the government of the President of the United States shall direct; American Samoa, see section 1701 et seq. of this title. and the President shall have power to remove EX. ORD. NO. 10264. TRANSFER OF ADMINISTRATION OF said officers and fill the vacancies so occasioned. AMERICAN SAMOA (Feb. 20, 1929, ch. 281, 45 Stat. 1253; May 22, 1929, Ex. Ord. No. 10264, eff. June 29, 1951, 16 F.R. 6419, pro- ch. 6, 46 Stat. 4.) vided: 1. The administration of American Samoa is hereby REFERENCES IN TEXT transferred from the Secretary of the Navy to the Sec- The existing laws of the United States relative to retary of the Interior, such transfer to become effective public lands, referred to in subsec. (b), are classified on July 1, 1951. generally to Title 43, Public Lands. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the CODIFICATION transfer of administration of American Samoa as em- Subsec. (d) of this section, which provided for recom- bodied in the above-mentioned memorandum of under- mendation of legislation concerning the islands of east- standing between the two departments. ern Samoa by seven commissioners as soon as reason- 3. When the transfer of administration made by this ably practicable, was omitted from the Code. order becomes effective, the Secretary of the Interior Section was formerly classified to section 1431a of shall take such action as may be necessary and appro- this title. priate, and in harmony with applicable law, for the ad- ministration of civil government in American Samoa. AMENDMENTS 4. The executive departments and agencies of the Government are authorized and directed to cooperate 1929—Subsec. (d). Act May 22, 1929, substituted with the Departments of the Navy and Interior in the ‘‘seven’’ and ‘‘three’’ for ‘‘six’’ and ‘‘two’’, respectively, effectuation of the provisions of this order. and inserted ‘‘or high chiefs’’ after ‘‘chiefs’’. 5. The said Executive order of February 19, 1900 [Ex. AUTHORITY OF GUAM, AMERICAN SAMOA, AND THE Ord. 125–A], is revoked, effective July 1, 1951. NORTHERN MARIANA ISLANDS TO ENACT REVENUE LAWS HARRY S. TRUMAN. See section 1271 of Pub. L. 99–514, set out as a note § 1662a. Amendment of constitution of American under section 931 of Title 26, Internal Revenue Code. Samoa SUBMERGED LANDS, CONVEYANCE TO TERRITORY Amendments of, or modifications to, the con- Conveyance of submerged lands to the government of stitution of American Samoa, as approved by American Samoa, see section 1701 et seq. of this title. the Secretary of the Interior pursuant to Execu- tive Order 10264 as in effect January 1, 1983, may § 1662. Sovereignty of United States extended be made only by Act of Congress. over Swains Island (Pub. L. 98–213, § 12, Dec. 8, 1983, 97 Stat. 1462.) The sovereignty of the United States over American Samoa is extended over Swains Is- REFERENCES IN TEXT land, which is made a part of American Samoa Executive Order 10264, referred to in text, is set out and placed under the jurisdiction of the adminis- under section 1662 of this title. § 1663 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 158

§ 1663. Acknowledgment of deeds July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. Deeds and other instruments affecting land Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. situate in the District of Columbia or any Terri- Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. tory of the United States may be acknowledged Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. in the islands of Guam and Samoa or in the Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. Canal Zone before any notary public or judge, July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. appointed therein by proper authority, or by any Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. officer therein who has ex officio the powers of June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. a notary public: Provided, That the certificate May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. by such notary in Guam, Samoa, or the Canal June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. Zone, as the case may be, shall be accompanied July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. by the certificate of the governor or acting gov- July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. ernor of such place to the effect that the notary Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. taking said acknowledgment was in fact the of- Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. ficer he purported to be; and any deeds or other May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. instruments affecting lands so situate, so ac- June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. knowledged since the first day of January, 1905, July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. and accompanied by such certificate shall have June 13, 1956, ch. 380, title I, 70 Stat. 265. the same effect as such deeds or other instru- June 16, 1955, ch. 147, title I, 69 Stat. 149. ments hereafter so acknowledged and certified. July 1, 1954, ch. 446, title I, 68 Stat. 372. July 31, 1953, ch. 298, title I, 67 Stat. 273. (June 28, 1906, ch. 3585, 34 Stat. 552.) July 9, 1952, ch. 597, title I, 66 Stat. 457. Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see § 1666. Extension of scientific, technical, and section 3602(b) of Title 22, Foreign Relations and Inter- other assistance; grant-in-aid program re- course. striction; limitations on expenditures

CODIFICATION Upon request of the Secretary of the Interior— Section is also classified to section 1421f–1 of this (a) the head of any Federal department, title. agency, or corporation may, notwithstanding Section was formerly classified to sections 1358 and any other provision of law, extend to Amer- 1432 of this title. ican Samoa, without reimbursement, such sci- entific, technical, and other assistance under § 1664. Repealed. Pub. L. 109–304, § 19, Oct. 6, any program which it administers as, in the 2006, 120 Stat. 1710 judgment of the Secretary of the Interior, will Section, act June 14, 1934, ch. 523, 48 Stat. 963, made promote the welfare of American Samoa. The coastwise shipping laws of United States inapplicable provisions of the preceding sentence shall not to commerce between the islands of American Samoa apply to financial assistance under any grant- or between those islands and other ports under the ju- in-aid program. The Secretary of the Interior risdiction of the United States. See section 55101 of shall not request assistance pursuant to this Title 46, Shipping. subsection which will involve nonreimbursable costs as estimated for him in advance by the § 1665. Omitted heads of the departments, agencies, and cor- CODIFICATION porations concerned in excess of an aggregate Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 of $150,000 in any one fiscal year; Stat. 1392, which authorized Territorial and local gov- (b) the Secretary of Agriculture may extend ernments of American Samoa to make purchases to American Samoa the benefits of the Rich- through General Services Administration, was from the ard B. Russell National School Lunch Act, as Department of the Interior and Related Agencies Ap- amended [42 U.S.C. 1751 et seq.]; and propriations Act, 1992, and was not repeated in subse- (c) the Secretary of Health, Education, and quent appropriation acts. See section 1469e of this title. Welfare may extend to American Samoa the Similar provisions were contained in the following benefits of the Vocational Education Act of prior appropriation acts: Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007. 1946, the Hospital Survey and Construction Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932. Act [42 U.S.C. 291 et seq.], and section 246 of Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716. title 42, all as amended. Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. (Pub. L. 87–688, § 1, Sept. 25, 1962, 76 Stat. 586; Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. 1329–213, 1329–231. Pub. L. 104–208, div. A, title I, § 101(e) [title VII, Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. § 709(a)(7)], Sept. 30, 1996, 110 Stat. 3009–233, 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, 3009–312; Pub. L. 106–78, title VII, § 752(b)(18), Oct. § 101(h) [title I], 100 Stat. 3341–242, 3341–258. 22, 1999, 113 Stat. 1170.) Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. REFERENCES IN TEXT 1224, 1238. Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 The Richard B. Russell National School Lunch Act, Stat. 1837, 1851. as amended, referred to in subsec. (b), is act June 4, Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931. 1946, ch. 281, 60 Stat. 230, as amended, which is classified Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. generally to chapter 13 (§ 1751 et seq.) of Title 42, The Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. Public Health and Welfare. For complete classification Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. of this Act to the Code, see Short Title note set out Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. under section 1751 of Title 42 and Tables. Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. The Vocational Education Act of 1946, referred to in July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as Page 159 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1668 amended, which was classified to sections 15h to 15q, rior, for the purpose of establishing an organiza- 15aa to 15jj, and 15aaa to 15ggg of Title 20, Education, tion which will maintain a satisfactory level of and was repealed by section 103 of Pub. L. 90–576, title independent audit oversight of the government I, Oct. 16, 1968, 82 Stat. 1091. See section 2301 et seq. of of American Samoa: Title 20. The Hospital Survey and Construction Act, referred (1) The authority to audit all accounts per- to in subsec. (c), is act Aug. 13, 1946, ch. 958, 60 Stat. taining to the revenue and receipts of the gov- 1041, as amended, which added a title VI to the Public ernment of American Samoa, and of funds de- Health Service Act, and was classified to subchapter IV rived from bond issues, and the authority to (§ 291 et seq.) of chapter 6A of Title 42, The Public audit, in accordance with law and administra- Health and Welfare. Such title VI was amended gener- tive regulations, all expenditures of funds and ally by Pub. L. 88–443, § 3(a) Aug. 18, 1964, 78 Stat. 447. property pertaining to the government of For complete classification of this Act to the Code, see American Samoa including those pertaining to Tables. trust funds held by the government of Amer- AMENDMENTS ican Samoa. 1999—Subsec. (b). Pub. L. 106–78 substituted ‘‘Richard (2) The authority to report to the Secretary B. Russell National School Lunch Act’’ for ‘‘National of the Interior and the Governor of American School Lunch Act’’. Samoa all failures to collect amounts due the 1996—Subsec. (c). Pub. L. 104–208 struck out ‘‘the Li- government, and expenditures of funds or uses brary Services Act,’’ after ‘‘the Vocational Education or property which are irregular or not pursu- Act of 1946,’’. ant to law. TRANSFER OF FUNCTIONS (c) Scope of authority transferred For transfer of functions and offices (relating to edu- The authority granted in paragraph (b) of this cation) of Secretary and Department of Health, Edu- section shall extend to all activities of the gov- cation, and Welfare to Secretary and Department of ernment of American Samoa, and shall be in ad- Education, and termination of certain offices and posi- dition to the authority conferred upon the In- tions and redesignation of Secretary of Health, Edu- spector General by the Inspector General Act of cation, and Welfare as Secretary of Health and Human Services, see sections 3441, 3503, and 3508 of Title 20, 1978 (92 Stat. 1101), as amended. Education. (d) Transfer of personnel, assets, etc., of office of government comptroller for American Samoa § 1667. Repealed. Pub. L. 90–576, title I, § 103, Oct. to Office of Inspector General, Department of 16, 1968, 82 Stat. 1091 the Interior Section, Pub. L. 87–688, § 2, Sept. 25, 1962, 76 Stat. 586, In order to carry out the provisions of this sec- extended to American Samoa the benefits of the Voca- tion, the personnel, assets, liabilities, contracts, tional Education Act of 1946 and authorized an annual property, records, and unexpended balances of appropriation of $80,000 therefor. appropriations, authorizations, allocations, and EFFECTIVE DATE OF REPEAL other funds employed, held, used, arising from, available or to be made available, of the office of Pub. L. 90–576, title I, § 103, Oct. 16, 1968, 82 Stat. 1091, the government comptroller for American provided that the repeal of this section is effective July 1, 1969. Samoa relating to its audit function are hereby transferred to the Office of Inspector General, § 1668. Reporting duties of Governor and transfer Department of the Interior. of functions from government comptroller (Pub. L. 96–205, title V, § 501, as added Pub. L. for American Samoa to Inspector General, 97–357, title IV, § 402, Oct. 19, 1982, 96 Stat. 1711; Department of the Interior amended Pub. L. 105–362, title IX, § 901(o), Nov. (a) Comprehensive annual financial report; con- 10, 1998, 112 Stat. 3291.) tents; other reports REFERENCES IN TEXT The Governor of American Samoa shall pre- The Inspector General Act of 1978, referred to in sub- pare, publish, and submit to the Congress and sec. (c), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as the Secretary of the Interior a comprehensive amended, which is set out in the Appendix to Title 5, annual financial report in conformance with the Government Organization and Employees. standards of the National Council on Govern- PRIOR PROVISIONS mental Accounting within one hundred and twenty days after the close of the fiscal year. A prior section 1668, Pub. L. 96–205, title V, § 501, Mar. 12, 1980, 94 Stat. 90, mandated payment of salary and ex- The comprehensive annual financial report shall penses of the government comptroller for American include statistical data as set forth in the stand- Samoa from funds appropriated to the Department of ards of the National Council of Governmental the Interior, prior to repeal by Pub. L. 97–357, § 402. Accounting relating to the physical, economic, AMENDMENTS social, and political characteristics of the gov- ernment, and any other information required by 1998—Subsec. (a). Pub. L. 105–362 struck out ‘‘The the Congress. The Governor shall also make Governor shall transmit the comprehensive annual fi- such other reports at such other times as may nancial report to the Inspector General of the Depart- ment of the Interior who shall audit it and report his be required by the Congress or under applicable findings to the Congress.’’ after ‘‘other information re- Federal law. quired by the Congress.’’ and ‘‘He shall also submit to (b) Functions, powers, and duties transferred the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of ac- The following functions, powers, and duties tions taken or contemplated on Federal audit recom- heretofore vested in the government comptroller mendations within sixty days after the issuance date of for American Samoa are hereby transferred to the audit report.’’ after ‘‘under applicable Federal the Inspector General, Department of the Inte- law.’’ § 1669 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 160

TERMINATION OF REPORTING REQUIREMENTS AMENDMENTS For termination, effective May 15, 2000, of provisions 2004—Subsec. (b). Pub. L. 108–326 amended heading in the 1st sentence of subsec. (a) of this section relating and text generally, substituting provisions relating to to the requirement that the Governor submit a compre- exemption of all bonds from income taxation by State hensive annual financial report to Congress, see section and local governments for provisions relating to ex- 3003 of Pub. L. 104–66, as amended, set out as a note emption from taxation and definition of State. under section 1113 of Title 31, Money and Finance, and 1986—Subsecs. (a), (c). Pub. L. 99–514 substituted ‘‘In- the 14th item on page 115 of House Document No. 103–7. ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was § 1669. Administration and enforcement of collec- translated as ‘‘title 26’’ thus requiring no change in tion of customs duties; employment and text. training of residents EFFECTIVE DATE OF 2004 AMENDMENT The Secretary of the Treasury shall, upon the Pub. L. 108–326, § 2, Oct. 16, 2004, 118 Stat. 1270, pro- request of the Governor of American Samoa, ad- vided that: ‘‘This Act [amending this section] shall minister and enforce the collection of all cus- apply to obligations issued after the date of the enact- toms duties derived from American Samoa, ment of this Act [Oct. 16, 2004].’’ without cost to the government of American Samoa. The Secretary of the Treasury, in con- CHAPTER 14—TRUST TERRITORY OF THE sultation with the Governor of American PACIFIC ISLANDS Samoa, shall make every effort to employ and Sec. train the residents of American Samoa to carry 1681. Continuance of civil government for Trust out the provisions of this section. The adminis- Territory of the Pacific Islands; assistance tration and enforcement of this section shall programs; maximum fiscal year costs; reim- commence October 1, 1980. bursement. 1681a. Appointment of High Commissioner. (Pub. L. 96–205, title V, § 502, Mar. 12, 1980, 94 1681b. Transfer of functions from government comp- Stat. 90.) troller for Guam to Inspector General, De- partment of the Interior. § 1670. Industrial development bonds 1681c, 1682. Repealed or Omitted. (a) Issuance 1683. Auditing of transactions of Trust Territory of the Pacific Islands. The legislature of the government of Amer- 1684. Expenditure of funds for administration of ican Samoa may cause to be issued after Sep- Trust Territory of the Pacific Islands. tember 20, 1984, industrial development bonds 1685. Transfer of property or money for administra- (within the meaning of section 103(b)(2) 1 of title tion of Trust Territory of the Pacific Is- 26). lands. 1686, 1687. Omitted. (b) Exemption of all bonds from income taxation 1688. Trust Territory of the Pacific Islands Eco- by State and local governments nomic Development Loan Fund. (1) In general 1689. Plan for use of grant to Trust Territory of the Pacific Islands Economic Development The interest on any bond or other obligation Loan Fund; loans; terms. issued by or on behalf of the Government of 1690. Loans from Trust Territory of the Pacific Is- American Samoa shall be exempt from tax- lands Economic Loan Fund; restrictions; ation by the Government of American Samoa guarantees. and the governments of any of the several 1691. Fiscal control and accounting procedures for States, the District of Columbia, any territory plan for use of grant. or possession of the United States, and any 1692. Comprehensive annual financial report by subdivision thereof. chief executives of governments of the Mar- shall Islands, Federated States of Microne- (2) Exemption applicable only to income taxes sia, Palau, and Northern Mariana Islands; The exemption provided by paragraph (1) contents; other reports. shall not apply to gift, estate, inheritance, 1693. Audit of government; access to books, records, etc. legacy, succession, or other wealth transfer 1694 to 1694e. Transferred. taxes. 1695. Federal education and health care programs; (c) Cross reference nonapplicability or nonparticipation.

For exclusion of interest for purposes of Fed- TERMINATION OF TRUST TERRITORY OF THE PACIFIC eral income taxation, see section 103 of title 26. ISLANDS (Pub. L. 98–454, title II, § 202, Oct. 5, 1984, 98 Stat. The Trust Territory of the Pacific Islands, which in- 1733; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. cluded the Northern Mariana Islands, the Federated 2095; Pub. L. 108–326, § 1(a), Oct. 16, 2004, 118 Stat. States of Micronesia, the Marshall Islands, and Palau, 1270.) terminated. The Trusteeship Agreement terminated with respect to the Republic of the Marshall Islands on REFERENCES IN TEXT Oct. 21, 1986, with respect to the Federated States of Micronesia and the Commonwealth of the Northern Section 103, referred to in subsec. (a), which related Mariana Islands on Nov. 3, 1986, and with respect to the to interest on certain governmental obligations was Republic of Palau on Oct. 1, 1994. See Proc. No. 5564, amended generally by Pub. L. 99–514, title XIII, Nov. 3, 1986, 51 F.R. 40399, set out as a note under sec- § 1301(a), Oct. 22, 1986, 100 Stat. 2602, and as so amended tion 1801 of this title, and Proc. No. 6726, Sept. 27, 1994, relates to interest on State and local bonds. Section 59 F.R. 49777, set out as a note under section 1931 of this 103(b)(2), which prior to the general amendment defined title. industrial development bond, relates to the applicabil- For provisions relating to the Northern Mariana Is- ity of the interest exclusion to arbitrage bonds. lands, formerly set out as notes under section 1681 of this title, see chapter 17 (§ 1801 et seq.) of this title. For 1 See References in Text note below. provisions relating to the Federated States of Microne- Page 161 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1681 sia, the Marshall Islands, and Palau, formerly set out AUTHORIZATION OF APPROPRIATIONS as notes under section 1681 of this title, see chapter 18 Pub. L. 87–541, July 19, 1962, 76 Stat. 171, provided in (§ 1901 et seq.) of this title. part that not more than $15,000,000 be authorized to be § 1681. Continuance of civil government for Trust appropriated for the fiscal year 1963. Section 2 of act June 30, 1954, as amended July 19, Territory of the Pacific Islands; assistance 1962, Pub. L. 87–541, 76 Stat. 171; May 10, 1967, Pub. L. programs; maximum fiscal year costs; reim- 90–16, § 1, 81 Stat. 15; Oct. 21, 1968, Pub. L. 90–617, § 1, 82 bursement Stat. 1213; Dec. 24, 1970, Pub. L. 91–578, 84 Stat. 1559; Sept. 21, 1973, Pub. L. 93–111, § 1, 87 Stat. 354; May 28, (a) Until Congress shall further provide for the 1975, Pub. L. 94–27, § 1, 89 Stat. 95; Apr. 1, 1976, Pub. L. government of the Trust Territory of the Pacific 94–255, § 1, 90 Stat. 299; Oct. 15, 1977, Pub. L. 95–134, title Islands, all executive, legislative, and judicial I, § 101, 91 Stat. 1159; Mar. 12, 1980, Pub. L. 96–205, title authority necessary for the civil administration I, § 101, 94 Stat. 84; Dec. 24, 1980, Pub. L. 96–597, title IV, of the Trust Territory shall continue to be vest- § 401, 94 Stat. 3478, provided that: ‘‘There are authorized ed in such person or persons and shall be exer- to be appropriated not to exceed $25,000,000 for fiscal cised in such manner and through such agency year 1967, for fiscal year 1975, $75,000,000 for fiscal year or agencies as the President of the United 1976, $80,000,000; for the period beginning July 1, 1976, and ending September 30, 1976, $15,100,000; for fiscal States may direct or authorize. year 1977, $80,000,000; and such amounts as were author- (b) The head of any department, corporation, ized but not appropriated for fiscal years 1975, 1976, and or other agency of the executive branch of the 1977; for fiscal year 1978, $90,000,000; for fiscal year 1979, Government may, upon the request of the Sec- $122,700,000; for fiscal year 1980, $112,000,000; for fiscal retary of the Interior, extend to the Trust Terri- years after fiscal year 1980, such sums as may be nec- tory of the Pacific Islands, with or without re- essary, including, but not limited to, sums needed for imbursement, scientific, technical, and other as- completion of the capital improvement program; for a sistance under any program administered by basic communications system; for a feasibility study and construction of a hydroelectric project on Ponape; such agency, or extend to the Trust Territory for expenditure by grant or contract for the installa- any Federal program administered by such tion, operation, and maintenance of communications agency, if the assistance or program will pro- systems which will provide internal and external com- mote the welfare of the Trust Territory, not- munications; and up to but not to exceed $8,000,000 for withstanding any provision of law under which the construction of such buildings as are required for a the Trust Territory may otherwise be ineligible four-year college to serve the Micronesian community for the assistance or program: Provided, That the (no appropriations for the construction of such build- Secretary of the Interior shall not request as- ings shall, however, be made (A) until, but not later than one year after the date of the enactment of this sistance pursuant to this subsection that in- Act [Apr. 1, 1976], the President causes a study to be volves, in the aggregate, an estimated nonreim- made by an appropriate authority to determine the bursable cost in any one fiscal year in excess of educational need and the most suitable educational $150,000: Provided further, That the cost of any concept for such a college and transmits such study, to- program extended to the Trust Territory under gether with his recommendations, to the Committees this subsection shall be reimbursable out of ap- on Interior and Insular Affairs of the Senate and House propriations authorized and made for the gov- of Representatives of the United States within said one ernment of the Trust Territory pursuant to sec- year period and (B) until 90 calendar days after the re- ceipt of such study and recommendations which shall tion 2 of this Act, as amended. The provisions of be deemed approved unless specifically disapproved by this subsection shall not apply to financial as- resolution of either such committee), and $1,800,000 for sistance under a grant-in-aid program. a human development project in the Marshall Islands (June 30, 1954, ch. 423, § 1, 68 Stat. 330; Pub. L. plus such sums as are necessary, for each of such fiscal years, or periods, to offset reductions in, or the termi- 88–487, § 1, Aug. 22, 1964, 78 Stat. 601.) nation of, Federal grant-in-aid programs or other funds REFERENCES IN TEXT made available to the Trust Territory of the Pacific Is- lands by other Federal agencies, to remain available Section 2 of this Act, as amended, referred to in sub- until expended, to carry out the provisions of this Act sec. (b), means section 2 of act June 30, 1954, set out as [this section] and to provide for a program of necessary a note below. capital improvements and public works related to CODIFICATION health, education, utilities, highways, transportation facilities, communications, and public buildings: Pro- Section was formerly classified to section 1435 of this vided, That except for funds appropriated for the activi- title. ties of the Peace Corps no funds appropriated by any AMENDMENTS Act shall be used for administration of the Trust Terri- tory of the Pacific Islands except as may be specifically 1964—Pub. L. 88–487 designated existing provisions as authorized by law.’’ subsec. (a) and added subsec. (b). INVENTORY AND STUDY OF MOST UNIQUE AND SIGNIFI- NOTES TRANSFERRED CANT NATURAL, HISTORICAL, ETC., RESOURCES OF For provisions relating to the Northern Mariana Is- TRUST TERRITORY OF THE PACIFIC ISLANDS lands, formerly set out as notes under this section, see Pub. L. 97–357, title II, § 205, Oct. 19, 1982, 96 Stat. 1708, chapter 17 (§ 1801 et seq.) of this title. For provisions re- directed Secretary of the Interior to conduct a compre- lating to the Federated States of Micronesia, the Mar- hensive inventory and study of the most unique and shall Islands, and Palau, formerly set out as notes significant natural, historical, cultural and rec- under this section, see chapter 18 (§ 1901 et seq.) of this reational resources of Trust Territory of the Pacific Is- title. lands with objective of preservation of their values and their careful use and appreciation by the public, along SIMILAR PROVISIONS with a determination of their potential for attracting Similar provisions continuing the civil government tourism, further provided that such inventory and for the Trust Territory of the Pacific Islands until June study was to be conducted in full cooperation and con- 30, 1954, were contained in act Aug. 8, 1953, ch. 383, §§ 1, sultation with affected governmental officials and the 2, 67 Stat. 494, 495. interested public, and was to identify areas or sites § 1681a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 162 which qualified to be listed on Registry of Natural (Pub. L. 90–16, § 2, May 10, 1967, 81 Stat. 15.) Landmarks and National Register of Historic Places, and further provided that a full report on such inven- § 1681b. Transfer of functions from government tory and study was to be transmitted to the respec- comptroller for Guam to Inspector General, tively involved governments and Congress no later Department of the Interior than two complete calendar years after Oct. 19, 1982. (a) Functions, powers, and duties transferred ESTABLISHMENT OF PERMANENT LOCATION FOR DIS- The following functions, powers, and duties PLACED PEOPLE OF BIKINI ISLAND; PROGRESS REPORT heretofore vested in the government comptroller TO CONGRESS; CONTENTS for Guam with respect to the government of the Pub. L. 95–348, § 2(c), Aug. 18, 1978, 92 Stat. 488, di- Trust Territory of the Pacific Islands and the rected Secretary of the Interior to prepare and submit government of the Northern Mariana Islands are to Congress by July 1, 1979, a progress report on efforts hereby transferred to the Inspector General, De- to establish a permanent location for displaced people of Bikini Island. partment of the Interior, for the purpose of es- tablishing an organization which will maintain DISASTER RELIEF a satisfactory level of independent audit over- Section 3 of act June 30, 1954, ch. 423, as added Pub. sight of the governments of the Marshall Is- L. 90–617, § 2, Oct. 21, 1968, 82 Stat. 1213, and amended lands, the Federated States of Micronesia, Pub. L. 91–606, title III, § 301(k), Dec. 31, 1970, 84 Stat. Palau, and the Northern Mariana Islands: 1759; Pub. L. 93–288, title VII, § 702(k), formerly title VI, (1) The authority to audit all accounts per- § 602(k), May 22, 1974, 88 Stat. 164, renumbered Pub. L. taining to the revenue and receipts of the gov- 103–337, div. C, title XXXIV, § 3411(a)(1), (2), Oct. 5, 1994, ernments of the Marshall Islands, the Fed- 108 Stat. 3100; Pub. L. 100–707, title I, § 109(w), Nov. 23, erated States of Micronesia, Palau, and the 1988, 102 Stat. 4710, provided that: ‘‘There are hereby Northern Mariana Islands, and of funds de- authorized to be appropriated such sums as the Sec- retary of the Interior may find necessary, but not to rived from bond issues, and the authority to exceed $10,000,000 for any one year, to alleviate suffer- audit, in accordance with law and administra- ing and damage resulting from major disasters that tive regulations, all expenditures of funds and occur in the Trust Territory of the Pacific Islands. property pertaining to the aforementioned Such sums shall be in addition to those authorized in governments including those pertaining to section 2 of this Act [set out as a note above] and shall trust funds held by such governments. not be subject to the limitations imposed by section 2 (2) The authority to report to the Secretary of this Act. The Secretary of the Interior shall deter- of the Interior, the High Commissioner of the mine whether or not a major disaster has occurred in Trust Territory of the Pacific Islands, the accordance with the principles and policies of sections chief executives of the governments of the 102(2) and 401 of the [Robert T. Stafford] Disaster Relief and Emergency Assistance Act [42 U.S.C. 5122(2), 5170].’’ Marshall Islands, the Federated States of Mi- cronesia, Palau, and the Northern Mariana Is- ISLAND TRADING COMPANY OF MICRONESIA lands all failures to collect amounts due the Act Aug. 8, 1953, ch. 383, § 3, 67 Stat. 495, provided that governments, and expenditures of funds or notwithstanding the provisions of the Interior Depart- uses of property which are irregular or not ment Appropriation Act, 1953 (Pub. L. 470, ch. 597, 66 pursuant to law. Stat. 445), the Island Trading Company of Micronesia (b) Scope of authority transferred not have succession after Dec. 31, 1954. The authority granted in paragraph (a) of this AUTHORIZING APPROVAL OF TRUSTEESHIP AGREEMENT section shall extend to all activities of the gov- FOR THE TERRITORY OF THE PACIFIC ISLANDS ernments of the Marshall Islands, the Federated Act July 18, 1947, ch. 271, 61 Stat. 397, authorized States of Micronesia, Palau, and the Northern President to approve, on behalf of the United States, Mariana Islands, and shall be in addition to the the trusteeship agreement between the United States authority conferred upon the Inspector General and the Security Council of the United Nations for the by the Inspector General Act of 1978 (92 Stat. former Japanese mandated islands (to be known as the 1101), as amended. This section is not subject to Territory of the Pacific Islands) which was approved by termination under section 502(a)(3) of the Cov- the Security Council on Apr. 2, 1947. enant to Establish a Commonwealth of the EXECUTIVE ORDER NO. 10265 Northern Mariana Islands in Political Union Ex. Ord. No. 10265, eff. June 29, 1951, 16 F.R. 6419, with the United States of America (90 Stat. 263, which related to transfer of administration of Trust 268). Territory of the Pacific Islands, was superseded by Ex. (c) Transfer of personnel, assets, etc., of office of Ord. No. 11021, eff. May 8, 1962, 27 F.R. 4409, formerly set government comptroller for Guam to Office out below. of Inspector General, Department of the Inte- EXECUTIVE ORDER NO. 11021 rior Ex. Ord. No. 11021, eff. May 7, 1962, 27 F.R. 4409, as In order to carry out the provisions of this sec- amended by Ex. Ord. No. 11944, eff. Oct. 25, 1976, 41 F.R. tion, the personnel, assets, liabilities, contracts, 47215, which related to administration of Trust Terri- property, records, and unexpended balances of tory of the Pacific Islands, was superseded by Ex. Ord. appropriations, authorizations, allocations, and No. 12569, Oct. 16, 1986, 51 F.R. 37171, set out as a note other funds employed, held, used, arising from, under section 1901 of this title. available or to be made available, of the office of the government comptroller for Guam related to § 1681a. Appointment of High Commissioner its audit function, with respect to the govern- Any appointment made on or after May 10, ment of the Trust Territory of the Pacific Is- 1967, to the office of the High Commissioner of lands and the government of the Northern Mari- the Trust Territory of the Pacific Islands shall ana Islands are hereby transferred to the Office be made by the President by and with the advice of Inspector General, Department of the Inte- and consent of the Senate. rior. Page 163 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1683

(June 30, 1954, ch. 423, § 4, as added Pub. L. 97–357, Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 251. title II, § 203(b), Oct. 19, 1982, 96 Stat. 1707.) May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. REFERENCES IN TEXT June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 164. The Inspector General Act of 1978, referred to in sub- July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 266. sec. (b), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as June 13, 1956, ch. 380, title I, 70 Stat. 265. amended, which is set out in the Appendix to Title 5, June 16, 1955, ch. 147, title I, 69 Stat. 149. Government Organization and Employees. July 1, 1954, ch. 446, title I, 68 Stat. 372. Section 502(a)(3) of the Covenant to Establish a Com- July 31, 1953, ch. 298, title I, 67 Stat. 273. monwealth of the Northern Mariana Islands in Politi- July 9, 1952, ch. 597, title I, 66 Stat. 458. cal Union with the United States of America, referred Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. to in subsec. (b), is contained in section 1 of Pub. L. § 1683. Auditing of transactions of Trust Terri- 94–241, set out as a note under section 1801 of this title. tory of the Pacific Islands PRIOR PROVISIONS All financial transactions of the Trust Terri- A prior section 1681b, acts June 30, 1954, ch. 423, § 4, as tory, including such transactions of all agencies added Sept. 21, 1973, Pub. L. 93–111, § 2, 87 Stat. 354; or instrumentalities established or utilized by amended Oct. 15, 1977, Pub. L. 95–134, title II, § 203(b), 91 such Trust Territory, may be audited by the Stat. 1162; Mar. 12, 1980, Pub. L. 96–205, title II, § 201(b), 94 Stat. 85, related to duties of government comptroller Government Accountability Office, at its discre- for Guam in addition to those imposed by Organic Act tion, in accordance with chapter 35 of title 31. of Guam, prior to repeal by Pub. L. 97–357, § 203(b). (Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. § 1681c. Repealed. Pub. L. 97–357, title II, § 203(d), 2516; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. Oct. 19, 1982, 96 Stat. 1708 814.) CODIFICATION Section, Pub. L. 96–205, title II, § 201(a), Mar. 12, 1980, 94 Stat. 85, related to the payment of the salary and ex- Section is from the appropriation act cited as the penses of the government comptroller for the Northern credit to this section. Mariana Islands from funds appropriated to the Depart- Section was formerly classified to section 1436 of this ment of the Interior. title. § 1682. Omitted PRIOR PROVISIONS Similar provisions were contained in the following CODIFICATION prior appropriation acts: Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1395. Stat. 1393, which authorized government of Trust Terri- Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1393. tory of Pacific Islands to make purchases through Gen- Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1008. eral Services Administration, was from the Depart- Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1933. ment of the Interior and Related Agencies Appropria- Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 717. tions Act, 1992, and was not repeated in subsequent ap- Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1797. propriation acts. See section 1469e of this title. Similar Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat. provisions were contained in the following prior appro- 1329–213, 1329–232. priation acts: Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat. Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1008. 1783–242, 1783–258, and Pub. L. 99–591, § 101(h) [title I], Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1933. Oct. 30, 1986, 100 Stat. 3341–242, 3341–259. Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 717. Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat. Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. 1224, 1239. Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. Pub. L. 98–473, title I, § 101(c) [title I], Oct. 12, 1984, 98 1329–213, 1329–232. Stat. 1837, 1851. Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 932. 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, Pub. L. 97–394, title I, Dec. 30, 1982, 96 Stat. 1979. § 101(h) [title I], 100 Stat. 3341–242, 3341–259. Pub. L. 97–100, title I, Dec. 23, 1981, 95 Stat. 1402. Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2969. 1224, 1239. Pub. L. 96–126, title I, Nov. 27, 1979, 93 Stat. 966. Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 Pub. L. 95–465, title I, Oct. 17, 1978, 92 Stat. 1289. Stat. 1837, 1851. Pub. L. 95–74, title I, July 26, 1977, 91 Stat. 295. Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 932. Pub. L. 94–373, title I, July 31, 1976, 90 Stat. 1053. Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. Pub. L. 94–165, title I, Dec. 23, 1975, 89 Stat. 988. Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1402. Pub. L. 93–404, title I, Aug. 31, 1974, 88 Stat. 813. Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Pub. L. 93–120, title I, Oct. 4, 1973, 87 Stat. 434. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 966. Pub. L. 92–369, title I, Aug. 10, 1972, 86 Stat. 513. Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. Pub. L. 92–76, title I, Aug. 10, 1971, 85 Stat. 233. July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. Pub. L. 91–361, title I, July 31, 1970, 84 Stat. 673. July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1053. Pub. L. 91–98, title I, Oct. 29, 1969, 83 Stat. 151. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 988. Pub. L. 90–425, title I, July 26, 1968, 82 Stat. 430. Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 813. Pub. L. 90–28, title I, June 24, 1967, 81 Stat. 63. Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 434. Pub. L. 89–435, title I, May 31, 1966, 80 Stat. 174. Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 513. Pub. L. 89–52, title I, June 28, 1965, 79 Stat. 179. Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. Pub. L. 88–356, title I, July 7, 1964, 78 Stat. 278. July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. Pub. L. 88–79, title I, July 26, 1963, 77 Stat. 102. Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 152. Pub. L. 87–578, title I, Aug. 9, 1962, 76 Stat. 340. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. Pub. L. 87–122, title I, Aug. 3, 1961, 75 Stat. 251. June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. Pub. L. 86–455, title I, May 13, 1960, 74 Stat. 112. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. Pub. L. 86–60, title I, June 23, 1959, 73 Stat. 101. June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. Pub. L. 85–439, title I, June 4, 1958, 72 Stat. 164. July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. Pub. L. 85–77, title I, July 1, 1957, 71 Stat. 266. July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. June 13, 1956, ch. 380, title I, 70 Stat. 265. Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 340. June 16, 1955, ch. 147, title I, 69 Stat. 149. § 1684 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 164

July 1, 1954, ch. 446, title I, 68 Stat. 372. vessels for official expenses and for commercial trans- July 31, 1953, ch. 298, title I, 67 Stat. 273. portation expenses, was from the Department of the In- July 9, 1952, ch. 597, title I, 66 Stat. 458. terior and Related Agencies Appropriation Act, 1984, and was not repeated in subsequent appropriation acts. AMENDMENTS Section was formerly classified to section 1440 of this 2004—Pub. L. 108–271 substituted ‘‘Government Ac- title. Similar provisions were contained in the follow- countability Office’’ for ‘‘General Accounting Office’’. ing prior appropriation acts: Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. § 1684. Expenditure of funds for administration Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1402. of Trust Territory of the Pacific Islands Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 966. After June 30, 1954, no funds appropriated by Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. any Act and no funds which are available or July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. which may become available from any source July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1053. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 988. whatever shall be used for administration of the Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 813. Trust Territory of the Pacific Islands, except as Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 434. may be specifically authorized by law. Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 513. (July 31, 1953, ch. 298, title I, 67 Stat. 273.) Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. CODIFICATION Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 152. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 431. Section was formerly classified to section 1437 of this June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. title. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. Section is from the Interior Department Appropria- June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. tion Act, 1954, act July 31, 1953. July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. PRIOR PROVISIONS Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 340. Similar provisions were contained in the Interior De- Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 251. partment Appropriation Act, 1953, act July 9, 1952, ch. May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 113. 597, title I, 66 Stat. 458. June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 164. § 1685. Transfer of property or money for admin- July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 266. istration of Trust Territory of the Pacific Is- June 13, 1956, ch. 380, title I, 70 Stat. 265. lands June 16, 1955, ch. 147, title I, 69 Stat. 149. July 1, 1954, ch. 446, title I, 68 Stat. 372. After June 30, 1952, transfers to the Depart- ment of the Interior pursuant to chapters 1 to 11 § 1688. Trust Territory of the Pacific Islands Eco- of title 40 and division C (except sections 3302, nomic Development Loan Fund 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of sub- For the purpose of promoting economic devel- title I of title 41 of equipment, material and sup- opment in the Trust Territory of the Pacific Is- plies, excess to the needs of Federal agencies lands, there is authorized to be appropriated to may be made at the request of the Secretary of the Secretary of the Interior, for payment to the the Interior without reimbursement or transfer government of the Trust Territory of the Pacific of funds when required by the Interior Depart- Islands as a grant in accordance with the provi- ment for operations conducted in the adminis- sions of sections 1688 to 1693 of this title, an tration of the Territories and the Trust Terri- amount which when added to the development tory of the Pacific Islands. fund established pursuant to section 3 of the Act (July 9, 1952, ch. 597, title I, § 108, 66 Stat. 460.) of August 22, 1964 (78 Stat. 601), as augmented by subsequent Federal grants, will create a total CODIFICATION fund of $5,000,000, which shall thereafter be Section was formerly classified to section 1438 of this known as the Trust Territory Economic Devel- title. opment Loan Fund. In text, ‘‘chapters 1 to 11 of title 40 and division C (ex- cept sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and (Pub. L. 92–257, § 1, Mar. 21, 1972, 86 Stat. 87.) 4711) of subtitle I of title 41’’ substituted for ‘‘the Fed- REFERENCES IN TEXT eral Property and Administrative Services Act of 1949’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Section 3 of the Act of August 22, 1964, referred to in Stat. 1303, which Act enacted Title 40, Public Buildings, text, is section 3 of act Aug. 22, 1964, Pub. L. 88–487, 78 Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, Stat. 601, which is not classified to the Code. 2011, 124 Stat. 3854, which Act enacted Title 41, Public § 1689. Plan for use of grant to Trust Territory of Contracts. the Pacific Islands Economic Development §§ 1686, 1687. Omitted Loan Fund; loans; terms

CODIFICATION The grant authorized by section 1688 of this title shall be made only after the government of Section 1686, act July 31, 1953, ch. 298, title I, 67 Stat. the Trust Territory of the Pacific Islands has 274, which prohibited new activity in the Trust Terri- tory of the Pacific Islands requiring expenditures of submitted to the Secretary of the Interior a Federal funds without specific prior approval of Con- plan for the use of the grant, and the plan has gress, was not repeated in subsequent appropriation been approved by the Secretary. The plan shall acts. Section was formerly classified to section 1439 of provide among other things for a revolving fund this title. to make loans or to guarantee loans to private Section 1687, act Nov. 4, 1983, Pub. L. 98–146, title I, 97 enterprise. The term of any loan made pursuant Stat. 932, which provided that appropriations available to the plan shall not exceed twenty-five years. for administration of Trust Territory of the Pacific Is- lands could be expended for purchase, etc., of surface (Pub. L. 92–257, § 2, Mar. 21, 1972, 86 Stat. 87.) Page 165 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1694 to 1694e

§ 1690. Loans from Trust Territory of the Pacific AMENDMENTS Islands Economic Loan Fund; restrictions; 1998—Pub. L. 105–362 struck out ‘‘The chief executives guarantees shall transmit the comprehensive annual financial re- No loan or loan guarantee shall be made under port to the Inspector General of the Department of the Interior who shall audit it and report his findings to sections 1688 to 1693 of this title to any applicant the Congress.’’ after ‘‘required by the Congress.’’ and who does not satisfy the territorial administer- ‘‘The chief executives shall submit to the Congress, the ing agency that financing is otherwise unavail- Secretary of the Interior, the High Commissioner of the able on reasonable terms and conditions. No Trust Territory of the Pacific Islands, and the cog- loan or loan guarantee shall exceed (1) the nizant Federal auditors a written statement of actions amount which can reasonably be expected to be taken or contemplated on Federal audit recommenda- repaid, (2) the minimum amount necessary to tions within sixty days after the issuance date of the accomplish the purposes of sections 1688 to 1693 audit report.’’ after ‘‘applicable Federal law.’’ of this title, or 25 per centum of the funds appro- 1982—Pub. L. 97–357 substituted provisions relating to preparation, etc., by the chief executives of the govern- priated pursuant to section 1688 of this title. No ments of the Marshall Islands, etc., of a comprehensive loan guarantee shall guarantee more than 90 per annual financial report to be submitted to the Congress centum of the outstanding amount of any loan, and the Secretary of the Interior and transmitted to and the reserves maintained to guarantee the the Inspector General of the Interior Department, prep- loan shall not be less than 25 per centum of the aration of other congressionally required reports, sub- guarantee. mission of a written statement of actions taken or con- templated on Federal audit recommendations, and pro- (Pub. L. 92–257, § 3, Mar. 21, 1972, 86 Stat. 87.) hibition of termination of this section under the Cov- enant to Establish a Commonwealth of the Northern § 1691. Fiscal control and accounting procedures Mariana Islands in Political Union with the United for plan for use of grant States, for provisions relating to an annual report by The plan provided for in section 1689 of this the High Commissioner of the Trust Territory of the title shall set forth such fiscal control and ac- Pacific Islands on the administration of sections 1688 to counting procedures as may be necessary to as- 1693 of this title. sure proper disbursement, repayment, and ac- TERMINATION OF REPORTING REQUIREMENTS counting for such funds. For termination, effective May 15, 2000, of provisions (Pub. L. 92–257, § 4, Mar. 21, 1972, 86 Stat. 88.) in the 1st sentence of this section relating to the re- § 1692. Comprehensive annual financial report by quirement that the chief executives submit a compre- hensive annual financial report to Congress, see section chief executives of governments of the Mar- 3003 of Pub. L. 104–66, as amended, set out as a note shall Islands, Federated States of Micronesia, under section 1113 of Title 31, Money and Finance, and Palau, and Northern Mariana Islands; con- the 1st item on page 116 of House Document No. 103–7. tents; other reports The chief executives of the governments of the EXCEPTION TO REQUIREMENT THAT STATEMENT BE SUB- Marshall Islands, the Federated States of Micro- MITTED TO HIGH COMMISSIONER OF TRUST TERRITORY OF THE PACIFIC ISLANDS nesia, Palau, and the Northern Mariana Islands shall prepare, publish, and submit to the Con- Pub. L. 97–357, title II, § 203(e), Oct. 19, 1982, 96 Stat. gress and the Secretary of the Interior a com- 1708, provided that: ‘‘Nothing in this section [adding prehensive annual financial report in conform- section 1681b of this title, amending this section, and repealing section 1681c of this title] shall be construed ance with the standards of the National Council as requiring the Governor of the Northern Mariana Is- on Governmental Accounting within one hun- lands to submit any statement or report to the High dred and twenty days after the close of the fiscal Commissioner of the Trust Territory of the Pacific Is- year. The comprehensive annual financial report lands.’’ shall include statistical data as set forth in the standards of the National Council on Govern- § 1693. Audit of government; access to books, mental Accounting relating to the physical, eco- records, etc. nomic, social, and political characteristics of the government, and any other information re- The Comptroller General of the United States, quired by the Congress. The chief executives or any of his duly authorized representatives, shall also make such other reports at such other shall have access, for the purpose of audit and times as may be required by the Congress or examination, to any relevant books, documents, under applicable Federal laws. This section is papers, or records of the government of the not subject to termination under section Trust Territory of the Pacific Islands. 502(a)(3) of the Covenant to Establish a Com- (Pub. L. 92–257, § 6, Mar. 21, 1972, 86 Stat. 88.) monwealth of the Northern Mariana Islands in Political Union with the United States of Amer- §§ 1694 to 1694e. Transferred ica (90 Stat. 263, 268). (Pub. L. 92–257, § 5, Mar. 21, 1972, 86 Stat. 88; Pub. CODIFICATION L. 97–357, title II, § 203(a), Oct. 19, 1982, 96 Stat. Sections 1694 to 1694e, Pub. L. 95–157, §§ 1–6, Nov. 8, 1707; Pub. L. 105–362, title IX, § 901(p), Nov. 10, 1977, 91 Stat. 1265–1267; Pub. L. 98–454, title IX, §§ 901–904, 1998, 112 Stat. 3291.) Oct. 5, 1984, 98 Stat. 1744, 1745, which related to estab- lishment of District Court for the Northern Mariana Is- REFERENCES IN TEXT lands, original and appellate jurisdiction, procedural Section 502(a)(3) of the Covenant to Establish a Com- requirements, relations between courts of United monwealth of the Northern Mariana Islands in Politi- States and courts of Northern Mariana Islands, effec- cal Union with the United States of America, referred tive date, and authorization of appropriations, were to in text, is contained in section 1 of Pub. L. 94–241, set transferred to sections 1821 to 1826, respectively, of this out as a note under section 1801 of this title. title. § 1695 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 166

§ 1695. Federal education and health care pro- American Samoa, shall have concurrent civil grams; nonapplicability or nonparticipation and criminal jurisdiction with the United States with regard to property owned, reserved, or con- Notwithstanding any other provision of law, trolled by the United States in the Virgin Is- except in cases in which the Federal program is lands, Guam, and American Samoa respectively. terminated with respect to all recipients under A judgment of conviction or acquittal on the the program, Federal programs in the fields of merits under the laws of Guam, the Virgin Is- education and health care shall not cease to lands, or American Samoa shall be a bar to any apply to the Trust Territory of the Pacific Is- prosecution under the criminal laws of the lands or any successor government or govern- United States for the same act or acts, and a ments, and shall continue to be available to the judgment of conviction or acquittal on the mer- extent said territory or its successor or succes- its under the laws of the United States shall be sors are eligible to participate in such programs. a bar to any prosecution under the laws of Participation in any applicable Federal pro- Guam, the Virgin Islands, or American Samoa grams in the fields of education and health care for the same act or acts. by the Trust Territory of the Pacific Islands or (b) Notwithstanding the provisions of sub- any successor government or governments shall section (a) of this section, the President may not be denied, decreased or ended, either before from time to time exclude from the concurrent or after the termination of the trusteeship, jurisdiction of the government of Guam persons without the express approval of the United found, acts performed, and offenses committed States Congress and shall continue at such lev- on the property of the United States which is els as the Congress may provide in appropriation under the control of the Secretary of Defense to Acts. such extent and in such circumstances as he (Pub. L. 96–205, title I, § 104, Mar. 12, 1980, 94 finds required in the interest of the national de- Stat. 85; Pub. L. 96–597, title IV, § 403, Dec. 24, fense. 1980, 94 Stat. 3479.) (Pub. L. 88–183, § 4, Nov. 20, 1963, 77 Stat. 339; Pub. L. 99–396, § 3, Aug. 27, 1986, 100 Stat. 839.) AMENDMENTS 1980—Pub. L. 96–597 substituted ‘‘and shall continue REFERENCES IN TEXT to be available to the extent said territory or its suc- The criminal laws of the United States, referred to in cessor or successors are eligible to participate in such subsec. (a), are classified generally to Title 18, Crimes programs. Participation’’ for ‘‘nor shall participation’’, and Criminal Procedure. ‘‘governments shall not be denied’’ for ‘‘governments be denied’’ and inserted ‘‘and shall continue at such levels AMENDMENTS as the Congress may provide in appropriation Acts.’’ 1986—Subsec. (a). Pub. L. 99–396 amended first sen- after ‘‘United States Congress’’. tence generally. Prior to amendment, first sentence read as follows: ‘‘Except as otherwise provided in this CHAPTER 15—CONVEYANCE OF SUBMERGED section, the governments of Guam, the Virgin Islands, LANDS TO TERRITORIES and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over Sec. parties found, acts performed, and offenses committed 1701 to 1703. Repealed. on property owned, reserved, or controlled by the 1704. Concurrent jurisdiction; exceptions for na- United States in Guam, the Virgin Islands, and Amer- tional defense purposes. ican Samoa.’’ 1705. Tidelands, submerged lands, or filled lands. 1706. Reserved rights. § 1705. Tidelands, submerged lands, or filled 1707. Payment of rents, royalties, and fees to local lands government. 1708. Discrimination prohibited in rights of access (a) Conveyance to Guam, the Commonwealth of to, and benefits from, conveyed lands. the Northern Mariana Islands, Virgin Is- lands, and American Samoa §§ 1701 to 1703. Repealed. Pub. L. 93–435, § 5, Oct. Subject to valid existing rights, all right, 5, 1974, 88 Stat. 1212 title, and interest of the United States in lands Section 1701, Pub. L. 88–183, § 1, Nov. 20, 1963, 77 Stat. permanently or periodically covered by tidal wa- 338, related to authority of Secretary of the Interior to ters up to but not above the line of mean high transfer tidelands, submerged lands, and filled lands to tide and seaward to a line three geographical governments of Guam, Virgin Islands, and American miles distant from the coastlines of the terri- Samoa with certain restrictions and conditions. See tories of Guam, the Commonwealth of the section 1705 of this title. Section 1702, Pub. L. 88–183, § 2, Nov. 20, 1963, 77 Stat. Northern Mariana Islands, the Virgin Islands, 339, related to administrative responsibility of Sec- and American Samoa, as heretofore or hereafter retary of the Interior for tidelands, submerged lands, modified by accretion, erosion, and reliction, and filled lands in adjacent to Guam, Virgin Islands, and in artificially made, filled in, or reclaimed and American Samoa. See sections 1705 to 1708 of this lands which were formerly permanently or peri- title. odically covered by tidal waters, are hereby con- Section 1703, Pub. L. 88–183, § 3, Nov. 20, 1963, 77 Stat. veyed to the governments of Guam, the Com- 339, related to certain rights reserved for the United monwealth of the Northern Mariana Islands, the States for purposes of defense, navigation, flood con- trol, commerce and international affairs. See section Virgin Islands, and American Samoa, as the case 1706 of this title. may be, to be administered in trust for the bene- fit of the people thereof. § 1704. Concurrent jurisdiction; exceptions for (b) Retention of certain lands and mineral rights national defense purposes by United States (a) Except as otherwise provided by law, the There are excepted from the transfer made by governments of the Virgin Islands, Guam, and subsection (a) hereof— Page 167 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1705

(i) all deposits of oil, gas, and other min- (c) Submittal to Congressional committees of erals, but the term ‘‘minerals’’ shall not in- proposals for conveyance of retained lands clude coral, sand, and gravel; or rights (ii) all submerged lands adjacent to property No conveyance shall be made by the Secretary owned by the United States above the line of pursuant to subsection (a) or (b) of this section mean high tide; until the expiration of sixty calendar days (ex- (iii) all submerged lands adjacent to prop- cluding days on which the House of Representa- erty above the line of mean high tide acquired tives or the Senate is not in session because of by the United States by eminent domain pro- an adjournment of more than three days to a ceedings, purchase, exchange, or gift, after the day certain) from the date on which the Sec- date of enactment of this Act, as required for retary of the Interior submits to the Committee completion of the Department of the Navy on Natural Resources of the House of Represent- Land Acquisition Project relative to the con- atives and the Committee on Energy and Natu- struction of the Ammunition Pier authorized ral Resources of the Senate an explanatory by the Military Construction Authorization statement indicating the tract proposed to be Act, 1971 (84 Stat. 1204), as amended by section conveyed and the need therefor, unless prior to 201 of the Military Construction Act, 1973 (86 the expiration of such sixty calendar days both Stat. 1135); committees inform the Secretary that they wish (iv) all submerged lands filled in, built up, or to take no action with respect to the proposed otherwise reclaimed by the United States, be- conveyance. fore the date of enactment of this Act, for its (d) Oil, gas, and other mineral deposits in sub- own use; merged lands conveyed to Guam, the Com- (v) all tracts or parcels of submerged land monwealth of the Northern Mariana Islands, containing on any part thereof any structures Virgin Islands, and American Samoa; convey- or improvements constructed by the United ance by United States; existing leases, per- States; mits, etc. (vi) all submerged lands that have heretofore (1) The Secretary of the Interior shall, not been determined by the President or the Con- later than sixty days after the date of enact- gress to be of such scientific, scenic, or his- ment of this subsection, convey to the govern- toric character as to warrant preservation and ments of Guam, the Commonwealth of the administration under the provisions of the Act Northern Mariana Islands, the Virgin Islands, entitled ‘‘An Act to establish a National Park and American Samoa, as the case may be, all Service, and for other purposes’’, approved Au- right, title, and interest of the United States in gust 25, 1916 (16 U.S.C. 1 et seq.); 1 deposits of oil, gas, and other minerals in the (vii) all submerged lands designated by the submerged lands conveyed to the government of President within one hundred and twenty days such territory by subsection (a) of this section. after the date of enactment of this Act; (2) The conveyance of mineral deposits under paragraph (1) of this subsection shall be subject (viii) all submerged lands that are within to any existing lease, permit, or other interest the administrative responsibility of any agen- granted by the United States prior to the date of cy or department of the United States other such conveyance. All rentals, royalties, or fees than the Department of the Interior; which accrue after such date of conveyance in (ix) all submerged lands lawfully acquired by connection with any such lease, permit, or other persons other than the United States through interest shall be payable to the government of purchase, gift, exchange, or otherwise; the territory to which such mineral deposits are (x) all submerged lands within the Virgin Is- conveyed. lands National Park established by sections 398 to 398b of title 16, including the lands de- (Pub. L. 93–435, § 1, Oct. 5, 1974, 88 Stat. 1210; Pub. scribed in sections 398c and 398d of title 16; and L. 96–205, title VI, § 607, Mar. 12, 1980, 94 Stat. 91; Pub. L. 103–437, § 17(b), Nov. 2, 1994, 108 Stat. 4595; (xi) all submerged lands within the Buck Is- Pub. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) land Reef National Monument as described in Presidential Proclamation 3448 dated Decem- REFERENCES IN TEXT ber 28, 1961. The authorization for the construction by the Navy of the Ammunition Pier under the Military Construc- Upon request of the Governor of Guam, the Com- tion Authorization Act, 1971, (84 Stat. 1204), as amended monwealth of the Northern Mariana Islands, the by section 201 of the Military Construction Act, 1973 (86 Virgin Islands, or American Samoa, the Sec- Stat. 1135), referred to in subsec. (b)(iii), is contained in retary of the Interior may, with or without re- section 201 of Pub. L. 91–511, Oct. 26, 1970, 84 Stat. 1204, imbursement, and subject to the procedure spec- as amended by section 201 of Pub. L. 92–545, Oct. 25, ified in subsection (c) of this section convey all 1972, 86 Stat. 1138, which is not classified to the Code. right, title, and interest of the United States in The date of enactment of this Act, referred to in sub- sec. (b)(iii), (iv), and (vii), is the date of enactment of any of the lands described in clauses (ii), (iii), Pub. L. 93–435, which was approved Oct. 5, 1974. (iv), (v), (vi), (vii), or (viii) of this subsection to The Act entitled ‘‘An Act to establish a National the government of Guam, the Commonwealth of Park Service, and for other purposes’’, approved August the Northern Mariana Islands, the Virgin Is- 25, 1916 (16 U.S.C. 1 et seq.), referred to in subsec. lands, or American Samoa, as the case may be, (b)(vi), is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known with the concurrence of the agency having cus- as the National Park Service Organic Act, which en- tody thereof. acted sections 1, 2, 3, and 4 of Title 16, Conservation, amended sections 22 and 43 of Title 16 and section 1457 of Title 43, Public Lands, and enacted provisions set 1 See References in Text note below. out as a note under section 1 of Title 16. Sections 1 to § 1705 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 168

4 of the Act were repealed and restated as section thority vested in me by Section 1(b)(vii) of Public Law 1865(a) of Title 18, Crimes and Criminal Procedure, and 93–435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do section 100101(a), chapter 1003, and sections 100751(a), hereby proclaim that the lands hereinafter described 100752, 100753, and 102101 of Title 54, National Park Serv- are excepted from the transfer to the Government of ice and Related Programs, by Pub. L. 113–287, §§ 3, the Virgin Islands under Section 1(a) of Public Law 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For 93–435 [subsec. (a) of this section]; and, by virtue of the complete classification of this Act to the Code, see authority vested in me by Section 2 of the Act of June Tables. For disposition of former sections of this title, 8, 1906, 34 Stat. 225 (16 U.S.C. 431) [see 54 U.S.C. see Disposition Table preceding section 100101 of Title 320301(a)–(c)], do hereby proclaim that, subject to valid 54. existing rights, the lands hereinafter described are Section 398b of title 16, referred to in subsec. (b)(x), hereby added to and made a part of the Buck Island was repealed by Pub. L. 85–404, May 16, 1958, 72 Stat. 112. Reef National Monument, and Proclamation No. 3443 of The date of enactment of this subsection, referred to December 28, 1961, establishing the Buck Island Reef in subsec. (d)(1), is the date of enactment of Pub. L. National Monument is amended accordingly. 96–205, which was approved Mar. 12, 1980. Beginning at latitude 17°47′30′′ N. longitude 64°36′32′′ W; thence approximately 1000 feet to latitude 17°47′27′′ AMENDMENTS N, longitude 64°36′22′′ W; thence approximately 900 feet 2013—Pub. L. 113–34 inserted ‘‘the Commonwealth of to latitude 17°47′18′′ N, longitude 64°36′22′′ W; thence ap- the Northern Mariana Islands,’’ after ‘‘Guam,’’ wher- proximately 1000 feet to latitude 17°47′15′′ N, longitude ever appearing. 64°36′32′′ W; thence approximately 1500 feet to latitude 1994—Subsec. (c). Pub. L. 103–437 substituted ‘‘Com- 17°47′30′′ N, longitude 64°36′32′′ W, then place of begin- mittee on Natural Resources of the House of Represent- ning, embracing an area of approximately 30 acres. atives and the Committee on Energy and Natural Re- IN WITNESS WHEREOF, I have hereunto set my sources of the Senate’’ for ‘‘Committees on Interior and hand this first day of February, in the year of our Lord Insular Affairs of the House of Representatives and the nineteen hundred seventy-five and of the Independence Senate’’. of the United States of America the one hundred and 1980—Subsec. (c). Pub. L. 96–205, § 607(b), inserted ninety-ninth. ‘‘subsection (a) or (b) of’’ before ‘‘this section’’. Subsec. (d). Pub. L. 96–205, § 607(a), added subsec. (d). GERALD R. FORD.

REFERENCES TO ‘‘DATE OF ENACTMENT’’ PROC. NO. 4347. RESERVING CERTAIN SUBMERGED LANDS ADJACENT TO ROSE ATOLL NATIONAL WILDLIFE REFUGE Pub. L. 113–34, § 1(b), Sept. 18, 2013, 127 Stat. 518, pro- IN AMERICAN SAMOA AND CERTAIN SUBMERGED LANDS vided that: ‘‘For the purposes of the amendment made FOR DEFENSE NEEDS OF UNITED STATES IN GUAM AND by subsection (a) [amending this section and section VIRGIN ISLANDS 1706 of this title], each reference in Public Law 93–435 [see Tables for classification] to the ‘date of enact- Proc. No. 4347, eff. Feb. 1, 1975, 40 F.R. 5129, provided: ment’ shall be considered to be a reference to the date The submerged lands surrounding the Rose Atoll Na- of the enactment of this section [Sept. 18, 2013].’’ tional Wildlife Refuge in American Samoa are nec- essary for the protection of the Atoll’s marine life, in- PROC. NO. 4346. RESERVING CERTAIN LANDS ADJACENT TO cluding the green sea and hawksbill turtles. The sub- AND ENLARGING BOUNDARIES OF BUCK ISLAND REEF NA- merged lands in Apra Harbor and those adjacent to TIONAL MONUMENT IN VIRGIN ISLANDS Inapsan Beach and Urano Point in Guam, and certain Proc. No. 4346, eff. Feb. 1, 1975, 40 F.R. 5127, as amend- submerged lands on the west coast of St. Croix, United ed by Proc. No. 4359, eff. Mar. 28, 1975, 40 F.R. 14565, pro- States Virgin Islands are required for national defense vided: purposes. These submerged lands in American Samoa, The Buck Island Reef National Monument, situated Guam and the United States Virgin Islands will be con- off the northeast coast of Saint Croix Island in the Vir- veyed to the Government of those territories, on Feb- gin Islands of the United States, was established by ruary 3, 1975, pursuant to Section 1(a) of Public Law Proclamation No. 3443 of December 28, 1961 (76 Stat. 93–435 (88 Stat. 1210) [subsec. (a) of this section], unless 1441). It now has been determined that approximately the President, under Section 1(b)(vii) of that Act [sub- thirty acres of submerged land should be added to the sec (b)(vii) of this section], designates otherwise. monument site in order to insure the proper care and NOW, THEREFORE, I GERALD R. FORD, President management of the shoals, rocks, undersea coral reef of the United States of America, by virtue of authority formations and other objects of scientific and histori- vested in me by Section 1(b)(vii) of Public Law 93–435 cal interest pertaining to this National Monument. (88 Stat. 1210) [subsec. (b)(vii) of this section], do hereby These thirty acres of submerged lands are presently proclaim that the lands hereinafter described are ex- owned in fee by the United States. They will be con- cepted from the transfer to the Government of Amer- veyed to the Government of the Virgin Islands on Feb- ican Samoa, the Government of Guam and the Govern- ruary 3, 1975, pursuant to Section 1(a) of Public Law ment of the United States Virgin Islands under Section 93–435 (88 Stat. 1210) [subsec. (a) of this section], unless 1(a) of Public Law 93–425. [subsec. (a) of this section]. the President, under Section 1(b)(vii) of that Act [sub- American Samoa. The submerged lands adjacent to sec. (b)(vii) of this section], designates otherwise. Rose Atoll located 78 miles east-southeast of Tau Is- Under Section 2 of the Act of June 8, 1906, 34 Stat. 225 land in the Manua Group at latitude 14°32′52′′ south and (16 U.S.C. 431) [see 54 U.S.C. 320301(a)–(c)], the President longitude 168°08′34′′ west, which lands shall be under the is authorized to declare by public Proclamation objects joint administrative jurisdiction of the Department of of historic or scientific interest that are situated upon Commerce and the Department of the Interior. the lands owned or controlled by the Government of Guam. (1) The submerged lands of inner and outer the United States to be national monuments, and may Apra Harbor; and, (2) the submerged lands adjacent to reserve as a part thereof parcels of land, the limits of the following uplands: (a) Unsurveyed land, Municipal- which in all cases shall be confined to the smallest area ity of Machanao, Guam, as delineated on Commander compatible with the proper care and management of Naval Forces. Marianas Y & D Drawing Numbered the objects to be protected. The aforementioned thirty 597–464, lying between the seaward boundaries of Lots acres of submerged lands are contiguous to the site of Numbered 9992 through 9997 and the mean high tide, the Buck Island Reef National Monument, constitute a containing an undetermined area of land, (b) un- part of the ecological community of the Buck Island surveyed land, Municipality of Machanao, Guam, as de- Reef, and will not enlarge the monument boundaries lineated on Commander Naval Forces, Marianas Y & D beyond the smallest area compatible with its proper Drawing Numbered 597–464, lying between the seaward care and management. boundary of Lot Numbered 10080 and the line of mean NOW, THEREFORE, I, GERALD R. FORD, President high tide, containing an undetermined amount of land, of the United States of America, by virtue of the au- and (c) Lot Numbered PO 4.1 in the Municipality of Page 169 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1706

Machanao, Guam, as delineated on Y & D Drawing covered by tidal waters up to the line of mean high tide Numbered 597–464, more particularly described as sur- and extending seaward to a line three geographical veyed land bordered on the north by Lot Numbered miles distant from those areas of the coastline that are 10080, Machanao, east by Northwest Air Force Base, adjacent to the leased lands described in the Lease. south by U. S. Naval Communication Station Nothing in this proclamation is intended to affect the (Finegayan) and west by the sea containing a computed authority of the Secretary of the Interior (Secretary) area of 125.50 acres, more or less. All of the above lands under section 1(b) of the Act to subsequently convey within the territory of Guam shall be under the admin- the submerged lands adjacent to the islands of Farallon istrative jurisdiction of the Department of the Navy. de Pajaros (Uracas), Maug, and Asuncion when the Sec- The Virgin Islands. (1) The submerged lands as de- retary, the Secretary of Commerce, and the Govern- scribed in the Code of Federal Regulations revised as of ment of the Commonwealth of the Northern Mariana July 1, 1974, cited as 33 CFR 207.817 areas ‘‘A’’ & ‘‘B’’, Islands have entered into an agreement for coordina- (2) the submerged lands seaward of the 100 fathom tion of management that ensures the protection of the curve off the coast of St. Croix beginning at a point marine national monument within the excepted area 17°40′30′′ N and ending at a point 17°46′30′′ North as de- described above. Furthermore, nothing in this procla- picted on Coast and Geodetic Survey Chart Numbered mation is intended to affect the authority of the Sec- 25250, Third Edition; Title: St. Croix, Virgin Islands Un- retary under section 1(b) of the Act to subsequently derwater Range, and (3) the submerged lands seaward of convey the submerged lands adjacent to the land leased the Underwater Range Operational Control Center, St. by the United States on the islands of Tinian or Croix, Virgin Islands presently leased to the Depart- Farallon de Medinilla when the Secretary of the Navy ment of the Navy and described as Plot 1B18 of Estate and the Government of the Commonwealth of the Sprat Hall subdivision, located in northside Quarter Northern Mariana Islands have entered into an agree- ‘‘A’’, St. Croix containing 4.84 acres of land. All of the ment that ensures protection of military training with- above lands within the territory of the Virgin Islands in the excepted area. shall be under the administrative jurisdiction of the IN WITNESS WHEREOF, I have hereunto set my Department of the Navy. hand this fifteenth day of January, in the year of our IN WITNESS WHEREOF, I have hereunto set my Lord two thousand fourteen, and of the Independence of hand this first day of February, in the year of our Lord the United States of America the two hundred and thir- nineteen hundred seventy-five, and of the Independence ty-eighth. of the United States of America the one hundred and BARACK OBAMA. ninety-ninth. GERALD R. FORD. § 1706. Reserved rights

PROC. NO. 9077. RESERVING CERTAIN SUBMERGED LANDS (a) Establishment of naval defense sea areas and IN THE COMMONWEALTH OF THE NORTHERN MARIANA IS- airspace reservations LANDS Nothing in this Act shall affect the right of Proc. No. 9077, Jan. 15, 2014, 79 F.R. 3479, provided: the President to establish naval defensive sea The submerged lands surrounding the islands of areas and naval airspace reservations around Farallon de Pajaros (Uracas), Maug, and Asuncion in and over the islands of Guam, the Common- the Commonwealth of the Northern Mariana Islands wealth of the Northern Mariana Islands, Amer- are among the most biologically diverse in the Western Pacific, with relatively pristine coral reef ecosystems ican Samoa, and the Virgin Islands when that have been proclaimed objects of scientific interest deemed necessary for national defense. and reserved for their protection as the Islands Unit of (b) Navigation; flood control; power production the Marianas Trench Marine National Monument (ma- Nothing in this Act shall affect the use, devel- rine national monument) by Proclamation 8335 of Janu- opment, improvement, or control by or under ary 6, 2009. Certain submerged lands adjacent to the land leased by the United States of America on the is- the constitutional authority of the United lands of Tinian and Farallon de Medinilla under the States of the lands transferred by section 1705 of Lease Agreement Made Pursuant to the Covenant to this title, and the navigable waters overlying Establish a Commonwealth of the Northern Mariana Is- such lands, for the purposes of navigation or lands in Political Union with the United States of flood control or the production of power, or be America, dated January 6, 1983, as amended (Lease) are construed as the release or relinquishment of essential for ensuring that United States forces forward any rights of the United States arising under deployed to the Western Pacific are adequately trained the constitutional authority of Congress to reg- and ready to respond immediately and effectively to or- ders from the National Command Authority, and for ulate or improve navigation, or to provide for ensuring the safety of citizens of the Commonwealth of flood control or the production of power. the Northern Mariana Islands. (c) Navigational servitude and powers of regula- Certain of these submerged lands will be conveyed by tion for purposes of commerce, navigation, the United States to the Government of the Common- national defense, and international affairs wealth of the Northern Mariana Islands on January 16, 2014, pursuant to section 1(a) of Public Law 93–435, as The United States retains all of its naviga- amended by section 1 of Public Law 113–34 (the ‘‘Act’’), tional servitude and rights in and powers of reg- unless the President designates otherwise pursuant to ulation and control of the lands conveyed by section 1(b)(vii) of the Act. section 1705 of this title, and the navigable wa- NOW, THEREFORE, I, BARACK OBAMA, President ters overlying such lands, for the constitutional of the United States of America, by virtue of authority vested in me by section 1(b)(vii) of the Act, do hereby purposes of commerce, navigation, national de- proclaim that the lands hereinafter described are ex- fense, and international affairs, all of which cepted from transfer to the Government of the Com- shall be paramount to, but shall not be deemed monwealth of the Northern Mariana Islands under sec- to include, proprietary rights of ownership, or tion 1(a) of the Act: the rights of management, administration, leas- the submerged lands adjacent to the islands of ing, use, and development of the lands and natu- Farallon de Pajaros (Uracas), Maug, and Asuncion per- ral resources which are specifically conveyed to manently covered by tidal waters up to the mean low the government of Guam, the Commonwealth of water line and extending three geographical miles sea- ward from the mean high tide line; and the Northern Mariana Islands, the Virgin Is- the submerged lands adjacent to the islands of Tinian lands, or American Samoa, as the case may be, and Farallon de Medinilla permanently or periodically by section 1705 of this title. § 1707 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 170

(d) Status of lands beyond the three-mile limit 1705 to 1708 of this title, amended section 1545 of this title, and repealed sections 1701 to 1703 of this title. For Nothing in this Act shall affect the status of complete classification of this Act to the Code, see lands beyond the three-mile limit described in Tables. section 1705 of this title. The amendment made by this Act, referred to in text, (Pub. L. 93–435, § 2, Oct. 5, 1974, 88 Stat. 1211; Pub. means the amendment made by section 3 of Pub. L. 93–435 to section 1545(b) of this title. L. 113–34, § 1(a), Sept. 18, 2013, 127 Stat. 518.) Act of February 20, 1929, referred to in text, is act REFERENCES IN TEXT Feb. 20, 1929, ch. 281, 45 Stat. 1253, as amended, which enacted section 1661 of this title. This Act, referred to in subsecs. (a), (b), and (d), is Act of May 22, 1929, referred to in text, is act May 22, Pub. L. 93–435, Oct. 5, 1974, 88 Stat. 1210, as amended, 1929, ch. 6, 46 Stat. 4, which amended section 1661 of this which enacted sections 1705 to 1708 of this title, amend- title. ed section 1545 of this title, and repealed sections 1701 to 1703 of this title. For complete classification of this CHAPTER 16—DELEGATES TO CONGRESS Act to the Code, see Tables. SUBCHAPTER I—GUAM AND VIRGIN ISLANDS AMENDMENTS Sec. 2013—Subsecs. (a), (c). Pub. L. 113–34 inserted ‘‘the 1711. Delegate to House of Representatives from Commonwealth of the Northern Mariana Islands,’’ after Guam and Virgin Islands. ‘‘Guam,’’. 1712. Election of delegates; majority; runoff elec- § 1707. Payment of rents, royalties, and fees to tion; vacancy; commencement of term. 1713. Qualifications for Office of Delegate. local government 1714. Territorial legislature; determination of elec- On and after the date of enactment of this Act, tion procedure. all rents, royalties, or fees from leases, permits, 1715. Operation of Office; House privileges; com- or use rights, issued prior to such date of enact- pensation, allowances, and benefits; privi- leges and immunities; voting in committee. ment by the United States with respect to the land conveyed by this Act, or by the amendment SUBCHAPTER II—AMERICAN SAMOA made by this Act, and rights of action for dam- 1731. Delegate to House of Representatives from ages for trespass occupancies of such lands shall American Samoa. accrue and belong to the appropriate local gov- 1732. Election of delegates. ernment under whose jurisdiction the land is lo- 1733. Qualifications for Office of Delegate. cated. 1734. Territorial government; determination of election procedure. (Pub. L. 93–435, § 4, Oct. 5, 1974, 88 Stat. 1212.) 1735. Operation of Office; compensation, allow- ances, and benefits; privileges and immuni- REFERENCES IN TEXT ties. Date of enactment, referred to in text, is the date of SUBCHAPTER III—NORTHERN MARIANA ISLANDS enactment of Pub. L. 93–435, which was approved Oct. 5, DELEGATE 1974. This Act, referred to in text, is Pub. L. 93–435, Oct. 5, 1751. Delegate to House of Representatives from 1974, 88 Stat. 1210, which enacted sections 1705 to 1708 of Commonwealth of the Northern Mariana Is- this title, amended section 1545 of this title, and re- lands. pealed sections 1701 to 1703 of this title. For complete 1752. Election of Delegate. classification of this Act to the Code, see Tables. 1753. Qualifications for office of Delegate. The amendment made by this Act, referred to in text, 1754. Determination of election procedure. means the amendment made by section 3 of Pub. L. 1755. Compensation, privileges, and immunities. 93–435 to section 1545(b) of this title. 1756. Lack of effect on covenant. 1757. Definition. REFERENCES TO ‘‘DATE OF ENACTMENT’’ For the purposes of the amendment made by sub- SUBCHAPTER I—GUAM AND VIRGIN section (a) of section 1 of Pub. L. 113–34, amending sec- ISLANDS tions 1705 and 1706 of this title, the references to ‘‘date of enactment’’ in text shall be considered to be ref- § 1711. Delegate to House of Representatives erences to Sept. 18, 2013, see section 1(b) of Pub. L. from Guam and Virgin Islands 113–34, set out as a note under section 1705 of this title. The territory of Guam and the territory of the § 1708. Discrimination prohibited in rights of ac- Virgin Islands each shall be represented in the cess to, and benefits from, conveyed lands United States Congress by a nonvoting Delegate to the House of Representatives, elected as here- No person shall be denied access to, or any of inafter provided. the benefits accruing from, the lands conveyed by this Act, or by the amendment made by this (Pub. L. 92–271, § 1, Apr. 10, 1972, 86 Stat. 118.) Act, on the basis of race, religion, creed, color, § 1712. Election of delegates; majority; runoff sex, national origin, or ancestry: Provided, how- election; vacancy; commencement of term ever, That this section shall not be construed in derogation of any of the provisions of the April (a) The Delegate shall be elected by the people 17, 1900 cession of Tutuila and Aunuu or the July qualified to vote for the members of the legisla- 16, 1904 cession of the Manu’s Islands, as ratified ture of the territory he is to represent at the by the Act of February 20, 1929 (45 Stat. 1253) and general election of 1972, and thereafter at such the Act of May 22, 1929 (46 Stat. 4). general election every second year thereafter. (Pub. L. 93–435, § 6, Oct. 5, 1974, 88 Stat. 1212.) The Delegate from the Virgin Islands shall be elected at large, by separate ballot and by a ma- REFERENCES IN TEXT jority of the votes cast for the office of Dele- This Act, referred to in text, is Pub. L. 93–435, Oct. 5, gate. The Delegate from Guam shall be elected 1974, 88 Stat. 1210, as amended, which enacted sections at large and by a majority of the votes cast for Page 171 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1732 the office of Delegate. If no candidate receives mittee shall be as provided by the Rules of the such majority, on the fourteenth day following House of Representatives. such election a runoff election shall be held be- (Pub. L. 92–271, § 5, Apr. 10, 1972, 86 Stat. 119; Pub. tween the candidates receiving the highest and L. 104–186, title II, § 224(4), Aug. 20, 1996, 110 Stat. the second highest number of votes cast for the 1752.) office of Delegate. In case of a permanent va- cancy in the office of Delegate, by reason of AMENDMENTS death, resignation, or permanent disability, the 1996—Pub. L. 104–186 struck out last two provisos office of Delegate shall remain vacant until a which read as follows: ‘‘Provided further, That the clerk successor shall have been elected and qualified. hire allowance of each Delegate shall be a single per (b) The term of the Delegate shall commence annum gross rate that is 60 per centum of the clerk on the third day of January following the date hire allowance of a Member: Provided further, That the of the election. transportation expenses of each Delegate that are sub- ject to reimbursement under section 43b of title 2 shall (Pub. L. 92–271, § 2, Apr. 10, 1972, 86 Stat. 119; Pub. not exceed the cost of four round trips each year.’’ L. 105–209, § 1, July 29, 1998, 112 Stat. 880.) SUBCHAPTER II—AMERICAN SAMOA AMENDMENTS § 1731. Delegate to House of Representatives 1998—Subsec. (a). Pub. L. 105–209 inserted ‘‘from the Virgin Islands’’ before ‘‘shall be elected at large’’ and from American Samoa inserted ‘‘The Delegate from Guam shall be elected at The Territory of American Samoa shall be large and by a majority of the votes cast for the office represented in the United States Congress by a of Delegate.’’ before ‘‘If no candidate receives such ma- jority’’. nonvoting Delegate to the House of Representa- tives, elected as hereinafter provided. § 1713. Qualifications for Office of Delegate (Pub. L. 95–556, § 1, Oct. 31, 1978, 92 Stat. 2078.) To be eligible for the Office of Delegate a can- § 1732. Election of delegates didate must— (a) be at least twenty-five years of age on (a) In general; plurality vote; vacancy the date of the election, The Delegate shall be elected by the people (b) have been a citizen of the United States qualified to vote for the popularly elected offi- for at least seven years prior to the date of the cials of the Territory of American Samoa at the election, general Federal election of 1980, and thereafter (c) be an inhabitant of the territory from at such general election every second year which he is elected, and thereafter. The Delegate shall be elected at (d) not be, on the date of the election, a can- large, by separate ballot, and by a plurality of didate for any other office. the votes cast for the office of Delegate. In case (Pub. L. 92–271, § 3, Apr. 10, 1972, 86 Stat. 119.) of a permanent vacancy in the office of Dele- gate, by reason of death, resignation, or perma- § 1714. Territorial legislature; determination of nent disability, the office of Delegate shall re- election procedure main vacant until a successor shall have been elected and qualified. The legislature of each territory may deter- mine the order of names on the ballot for elec- (b) Commencement of term tion of Delegate, the method by which a special The term of the Delegate shall commence on election to fill a vacancy in the office of Dele- the third day of January following the date of gate shall be conducted, the method by which the election. ties between candidates for the office of Dele- (c) Establishment of primary elections gate shall be resolved, and all other matters of local application pertaining to the election and The legislature of American Samoa may, but the office of Delegate not otherwise expressly is not required to, provide for primary elections provided for herein. for the election of Delegate. (d) Effect of establishment of primary elections (Pub. L. 92–271, § 4, Apr. 10, 1972, 86 Stat. 119.) Notwithstanding subsection (a) of this section, § 1715. Operation of Office; House privileges; if the legislature of American Samoa provides compensation, allowances, and benefits; for primary elections for the election of Dele- privileges and immunities; voting in commit- gate, the Delegate shall be elected by a majority tee of votes cast in any subsequent general election for the office of Delegate for which such primary The Delegate from Guam and the Delegate elections were held. from the Virgin Islands shall have such privi- leges in the House of Representatives as may be (Pub. L. 95–556, § 2, Oct. 31, 1978, 92 Stat. 2078; afforded him under the Rules of the House of Pub. L. 108–376, § 2, Oct. 30, 2004, 118 Stat. 2200.) Representatives. Until the Rules of the House of AMENDMENTS Representatives are amended to provide other- wise, the Delegate from each territory shall re- 2004—Subsec. (a). Pub. L. 108–376, § 2(1), substituted ceive the same compensation, allowances, and ‘‘plurality of the votes cast’’ for ‘‘majority of the votes benefits as a Member of the House of Represent- cast’’ and struck out ‘‘If no candidate receives such ma- jority, on the fourteenth day following such election a atives, and shall be entitled to whatever privi- runoff election shall be held between the candidates re- leges and immunities are, or hereinafter may be, ceiving the highest and the second highest number of granted to the Resident Commissioner for Puer- votes cast for the office of Delegate.’’ before ‘‘In case to Rico: Provided, That the right to vote in com- of’’. § 1733 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 172

Subsecs. (c), (d). Pub. L. 108–376, § 2(2), added subsecs. names on the ballot for election of Delegate, the (c) and (d). method by which a special election to fill a va- EFFECTIVE DATE OF 2004 AMENDMENT cancy in the office of Delegate shall be con- ducted, the method by which ties between can- Pub. L. 108–376, § 3, Oct. 30, 2004, 118 Stat. 2201, pro- didates for the office of Delegate shall be re- vided that: ‘‘The amendments made by paragraph (1) of solved, and all other matters of local application section 2 [amending subsec. (a) of this section] shall take effect on January 1, 2006. The amendment made by pertaining to the election and the office of Dele- paragraph (2) of section 2 [adding subsecs. (c) and (d) of gate not otherwise expressly provided for herein. this section] shall take effect on January 1, 2005.’’ (Pub. L. 95–556, § 4, Oct. 31, 1978, 92 Stat. 2078.) FINDINGS § 1735. Operation of Office; compensation, allow- Pub. L. 108–376, § 1, Oct. 30, 2004, 118 Stat. 2200, pro- ances, and benefits; privileges and immuni- vided that: ‘‘Congress finds the following: ties ‘‘(1) It is in the national interest that qualifying members of the Armed Forces on active duty and Until the Rules of the House of Representa- other overseas voters be allowed to vote in Federal tives are amended to provide otherwise, the elections. Delegate from American Samoa shall receive ‘‘(2) Since 1980, when the first election for the Con- gressional Delegate from American Samoa was held, the same compensation, allowances, and bene- general elections have been held in the first week of fits as a Member of the House of Representa- November in even-numbered years and runoff elec- tives, and shall be entitled to whatever privi- tions have been held 2 weeks later. leges and immunities that are, or hereinafter ‘‘(3) This practice of holding a run-off election 2 may be, granted to the nonvoting Delegate from weeks after a general election deprives members of the Territory of Guam. the Armed Forces on active duty and other overseas voters of the opportunity to participate in the Fed- (Pub. L. 95–556, § 5, Oct. 31, 1978, 92 Stat. 2078; eral election process in American Samoa. Pub. L. 97–357, title IV, § 401, Oct. 19, 1982, 96 ‘‘(4) Prior to and since September 11, 2001, and due Stat. 1711.) to limited air service, mail delays, and other consid- erations, it has been and remains impossible for ab- AMENDMENTS sentee ballots to be prepared and returned within a 2- 1982—Pub. L. 97–357 struck out proviso limiting clerk week period. hire allowance for Delegate from American Samoa to 50 ‘‘(5) American Samoa law requiring members of the per centum of clerk hire allowance of a Member of Armed Forces on active duty and other overseas vot- House of Representatives. ers to register in person also prevents participation in the Federal election process and is contrary to the EFFECTIVE DATE OF 1982 AMENDMENT Uniformed and Overseas Citizens Absentee Voting Pub. L. 97–357, title IV, § 401, Oct. 19, 1982, 96 Stat. Act [52 U.S.C. 20301 et seq.]. 1711, provided that the amendment made by section 401 ‘‘(6) Given that 49 states elect their Representatives is effective Jan. 1, 1983. to the United States House of Representatives by plu- rality, it is in the national interest for American Samoa to do the same until such time as the Amer- SUBCHAPTER III—NORTHERN MARIANA ican Samoa Legislature establishes primary elections ISLANDS DELEGATE and declares null and void the local practice of re- quiring members of the Armed Forces on active duty § 1751. Delegate to House of Representatives and other overseas voters to register in person which from Commonwealth of the Northern Mari- is contrary to the federal Uniformed and Overseas ana Islands Citizens Absentee Voting Act.’’ The Commonwealth of the Northern Mariana § 1733. Qualifications for Office of Delegate Islands shall be represented in the United States Congress by the Resident Representative to the To be eligible for the office of Delegate a can- United States authorized by section 901 of the didate shall— Covenant To Establish a Commonwealth of the (a) be at least twenty-five years of age on Northern Mariana Islands in Political Union the date of the election; With the United States of America (approved by (b) owe allegiance to the United States; Public Law 94–241 (48 U.S.C. 1801 et seq.)). The (c) be an inhabitant of the Territory of Resident Representative shall be a nonvoting American Samoa; and Delegate to the House of Representatives, elect- (d) not be, on the date of the election, a can- ed as provided in this subchapter. didate for any other office. (Pub. L. 110–229, title VII, § 711, May 8, 2008, 122 (Pub. L. 95–556, § 3, Oct. 31, 1978, 92 Stat. 2078; Stat. 868.) Pub. L. 95–584, § 3, Nov. 2, 1978, 92 Stat. 2483.) REFERENCES IN TEXT AMENDMENTS Section 901 of the Covenant to Establish a Common- 1978—Subsec. (b). Pub. L. 95–584 substituted alle- wealth of the Northern Mariana Islands in Political giance requirement for provision requiring United Union with the United States of America, referred to in States citizenship for at least seven years prior to the text, is contained in section 1 of Pub. L. 94–241, set out date of the election. as a note under section 1801 of this title. Public Law 94–241, referred to in text, is Pub. L. § 1734. Territorial government; determination of 94–241, Mar. 24, 1976, 90 Stat. 263, which is classified gen- election procedure erally to subchapter I (§ 1801 et seq.) of this chapter. For complete classification of this Act to the Code, see Acting pursuant to legislation enacted in ac- Tables. cordance with section 9, article II of the Amer- This subchapter, referred to in text, was in the origi- ican Samoan Revised Constitution, the terri- nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of torial government will determine the order of title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, Page 173 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1757 which enacted this subchapter and amended sections Government of the Commonwealth of the North- 4342, 6954 and 9432 of Title 10, Armed Forces. For com- ern Mariana Islands may determine the order of plete classification of subtitle B to the Code, see names on the ballot for election of Delegate, the Tables. method by which a special election to fill a per- § 1752. Election of Delegate manent vacancy in the office of Delegate shall be conducted, the method by which ties between (a) Electors and time of election candidates for the office of Delegate shall be re- The Delegate shall be elected— solved, and all other matters of local application (1) by the people qualified to vote for the pertaining to the election and the office of Dele- popularly elected officials of the Common- gate not otherwise expressly provided for in this wealth of the Northern Mariana Islands; and subchapter. (2) at the Federal general election of 2008 (Pub. L. 110–229, title VII, § 714, May 8, 2008, 122 and at such Federal general election every 2d Stat. 869.) year thereafter. REFERENCES IN TEXT (b) Manner of election This subchapter, referred to in text, was in the origi- (1) In general nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of The Delegate shall be elected at large and by title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, a plurality of the votes cast for the office of which enacted this subchapter and amended sections Delegate. 4342, 6954 and 9432 of Title 10, Armed Forces. For com- plete classification of subtitle B to the Code, see (2) Effect of establishment of primary elections Tables. Notwithstanding paragraph (1), if the Gov- § 1755. Compensation, privileges, and immunities ernment of the Commonwealth of the North- ern Mariana Islands, acting pursuant to legis- Until the Rules of the House of Representa- lation enacted in accordance with the Con- tives are amended to provide otherwise, the stitution of the Commonwealth of the North- Delegate from the Commonwealth of the North- ern Mariana Islands, provides for primary ern Mariana Islands shall receive the same com- elections for the election of the Delegate, the pensation, allowances, and benefits as a Member Delegate shall be elected by a majority of the of the House of Representatives, and shall be en- votes cast in any general election for the of- titled to whatever privileges and immunities fice of Delegate for which such primary elec- are, or hereinafter may be, granted to any other tions were held. nonvoting Delegate to the House of Representa- (c) Vacancy tives. In case of a permanent vacancy in the office of (Pub. L. 110–229, title VII, § 715, May 8, 2008, 122 Delegate, the office of Delegate shall remain va- Stat. 869.) cant until a successor is elected and qualified. § 1756. Lack of effect on covenant (d) Commencement of term No provision of this subchapter shall be con- The term of the Delegate shall commence on strued to alter, amend, or abrogate any provi- the 3d day of January following the date of the sion of the covenant referred to in section 1751 election. of this title except section 901 of the covenant. (Pub. L. 110–229, title VII, § 712, May 8, 2008, 122 (Pub. L. 110–229, title VII, § 716, May 8, 2008, 122 Stat. 868.) Stat. 869.)

§ 1753. Qualifications for office of Delegate REFERENCES IN TEXT To be eligible for the office of Delegate a can- This subchapter, referred to in text, was in the origi- didate shall— nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of (1) be at least 25 years of age on the date of title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, the election; which enacted this subchapter and amended sections 4342, 6954 and 9432 of Title 10, Armed Forces. For com- (2) have been a citizen of the United States plete classification of subtitle B to the Code, see for at least 7 years prior to the date of the Tables. election; The covenant, referred to in text, is the Covenant to (3) be a resident and domiciliary of the Com- Establish a Commonwealth of the Northern Mariana Is- monwealth of the Northern Mariana Islands lands in Political Union with the United States of for at least 7 years prior to the date of the America, which is contained in section 1 of Pub. L. election; 94–241, set out as a note under section 1801 of this title. (4) be qualified to vote in the Commonwealth § 1757. Definition of the Northern Mariana Islands on the date of the election; and For purposes of this subchapter, the term (5) not be, on the date of the election, a can- ‘‘Delegate’’ means the Resident Representative didate for any other office. referred to in section 1751 of this title. (Pub. L. 110–229, title VII, § 713, May 8, 2008, 122 (Pub. L. 110–229, title VII, § 717, May 8, 2008, 122 Stat. 868.) Stat. 869.)

§ 1754. Determination of election procedure REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- Acting pursuant to legislation enacted in ac- nal ‘‘this subtitle’’, meaning subtitle B (§§ 711–718) of cordance with the Constitution of the Common- title VII of Pub. L. 110–229, May 8, 2008, 122 Stat. 868, wealth of the Northern Mariana Islands, the which enacted this subchapter and amended sections § 1801 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 174

4342, 6954 and 9432 of Title 10, Armed Forces. For com- TERMINATION OF TRUST TERRITORY OF THE PACIFIC plete classification of subtitle B to the Code, see ISLANDS Tables. For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this CHAPTER 17—NORTHERN MARIANA ISLANDS title.

SUBCHAPTER I—APPROVAL OF COVENANT AND APPLICABILITY OF REQUIREMENT OF UNITED STATES SUPPLEMENTAL PROVISIONS CITIZENSHIP OR NATIONALITY AS PREREQUISITE OF ANY BENEFIT, RIGHT, ETC., TO CITIZENS OF NORTH- Sec. ERN MARIANA ISLANDS 1801. Approval of Covenant to Establish a Com- Pub. L. 98–213, §§ 17–25, Dec. 8, 1983, 97 Stat. 1463–1466, monwealth of the Northern Mariana Is- exempted citizens of Northern Mariana Islands from lands. laws prohibiting United States Government from com- 1802. Consideration of issues affecting relations pensating or employing noncitizens and from require- with United States. ment of United States citizenship in certain Federal 1803. Financial assistance to Government of North- laws providing Federal services or financial assistance ern Mariana Islands. to Northern Mariana Islands, authorized President to 1804. Direct grant assistance. issue proclamations exempting citizens of Northern 1805. Failure to meet performance standards; reso- Mariana Islands from United States citizenship or na- lution of issues; withholding of funds. tionality requirements of certain statutes, provided 1806. Immigration and transition. that if President failed to timely issue a proclamation, 1807. Technical assistance program. the requirement of United States citizenship or nation- 1808. Operations. ality as a prerequisite of any benefit, right, privilege, SUBCHAPTER II—JUDICIAL MATTERS or immunity in any statute made applicable to the Northern Mariana Islands would not apply to citizens 1821. District Court for the Northern Mariana Is- of the Northern Mariana Islands, provided that Pub. L. lands. 98–213 did not extend to Northern Mariana Islands any 1822. Jurisdiction of District Court; original juris- statutory provision or regulation, particularly statutes diction; procedural requirements. relating to immigration and nationality, not otherwise 1823. Appellate jurisdiction of District Court; pro- applicable to or within Northern Mariana Islands, pro- cedure; review by United States Court of vided for termination of President’s authority to issue Appeals for Ninth Circuit; rules. proclamations upon establishment of Commonwealth of 1824. Relations between courts of United States the Northern Mariana Islands, defined terms, and pro- and courts of Northern Mariana Islands; ap- vided for merger of benefits acquired under Pub. L. plicability of statutory provisions. 98–213 into those acquired by virtue of United States 1825. Effective date. citizenship unless recipient exercised his privilege to 1826. Authorization of appropriations. become a national but not a citizen of United States.

SUBCHAPTER III—MISCELLANEOUS AUTHORIZATION OF APPROPRIATIONS FOR TRANSITION OF MARIANA ISLANDS DISTRICT TO COMMONWEALTH STATUS 1841. Funds and services. 1842. Covering into Commonwealth treasury of tax Pub. L. 94–27, § 2, May 28, 1975, 89 Stat. 95, authorized proceeds collected pursuant to Covenant. appropriation of $1,500,000 to aid in transition of Mari- 1843. Exemption from taxation for income derived ana Islands District to a new Commonwealth status as from sources within Commonwealth. a territory of United States and provided that no part 1844. Political union between Territory of Guam could be obligated or expended until Congress approved and Commonwealth of Northern Mariana Is- final agreement between Marianas Political Status lands. Commission and United States. 1845. Plans for development, utilization, and con- RECITAL CLAUSES servation of water and related land re- sources. Pub. L. 94–241 which enacted this subchapter con- 1846. Exemption from assessment and taxation of tained several ‘‘Whereas’’ clauses reading as follows: real property owned by Commonwealth in ‘‘Whereas the United States is the administering au- United States capital. thority of the Trust Territory of the Pacific Islands under the terms of the trusteeship agreement for the SUBCHAPTER I—APPROVAL OF COVENANT former Japanese-mandated islands entered into by the United States with the Security Council of the United AND SUPPLEMENTAL PROVISIONS Nations on April 2, 1947, and approved by the United States on July 18, 1947; and § 1801. Approval of Covenant to Establish a Com- ‘‘Whereas the United States, in accordance with the monwealth of the Northern Mariana Islands trusteeship agreement and the Charter of the United Nations, has assumed the obligation to promote the de- The Covenant to Establish a Commonwealth velopment of the peoples of the trust territory toward of the Northern Mariana Islands in Political self-government or independence as may be appropriate Union with the United States of America, the to the particular circumstances of the trust territory text of which is as follows, is hereby approved. and its peoples and the freely expressed wishes of the peoples concerned; and (Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263.) ‘‘Whereas the United States, in response to the de- sires of the people of the Northern Mariana Islands REFERENCES IN TEXT clearly expressed over the past twenty years through The Covenant to Establish a Commonwealth of the public petition and referendum, and in response to its Northern Mariana Islands in Political Union with the own obligations under the trusteeship agreement to United States of America, referred to in text, which promote self-determination, entered into political was contained in this section (section 1 of Pub. L. status negotiations with representatives of the people 94–241), is set out as a note below. of the Northern Mariana Islands; and ‘‘Whereas, on February 15, 1975, a ‘Covenant to Estab- lish A Commonwealth of the Northern Mariana Islands CODIFICATION in Political Union with the United States of America’ Section was formerly set out as a note under section [set out below] was signed by the Marianas Political 1681 of this title. Status Commission for the people of the Northern Mar- Page 175 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 iana Islands and by the President’s Personal Represent- ‘‘SECTION 105. The United States may enact legisla- ative, Ambassador F. Haydn Williams for the United tion in accordance with its constitutional processes States of America, following which the covenant was which will be applicable to the Northern Mariana Is- approved by the unanimous vote of the Mariana Islands lands, but if such legislation cannot also be made appli- District Legislature on February 20, 1975 and by 78.8 per cable to the several States the Northern Mariana Is- centum of the people of the Northern Mariana Islands lands must be specifically named therein for it to be- voting in a plebiscite held on June 17, 1975’’. come effective in the Northern Mariana Islands. In order to respect the right of self-government guaran- TEXT OF COVENANT teed by this Covenant the United States agrees to limit Pub. L. 94–241, § 1, Mar. 24, 1976, 90 Stat. 263, as amend- the exercise of that authority so that the fundamental ed by Pub. L. 98–213, § 9, Dec. 8, 1983, 97 Stat. 1461; Pub. provisions of this Covenant, namely Articles I, II and L. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996, III and Sections 501 and 805, may be modified only with 110 Stat. 3009–181, 3009–196; Pub. L. 110–229, title VII, the consent of the Government of the United States § 702(g)(1), May 8, 2008, 122 Stat. 864, contained the Cov- and the Government of the Northern Mariana Islands. enant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United ‘‘ARTICLE II States of America as follows:

‘‘COVENANT TO ESTABLISH A COMMONWEALTH OF THE ‘‘CONSTITUTION OF THE NORTHERN MARIANA ISLANDS NORTHERN MARIANA ISLANDS IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA ‘‘SECTION 201. The people of the Northern Mariana Is- lands will formulate and approve a Constitution and ‘‘Whereas, the Charter of the United Nations and the may amend their Constitution pursuant to the proce- Trusteeship Agreement between the Security Council dures provided therein. of the United Nations and the United States of America ‘‘SECTION 202. The Constitution will be submitted to guarantee to the people of the Northern Mariana Is- the Government of the United States for approval on lands the right freely to express their wishes for self- the basis of its consistency with this Covenant and government or independence; and those provisions of the Constitution, treaties and laws ‘‘Whereas, the United States supports the desire of of the United States to be applicable to the Northern the people of the Northern Mariana Islands to exercise Mariana Islands. The Constitution will be deemed to their inalienable right of self-determination; and have been approved six months after its submission to ‘‘Whereas, the people of the Northern Mariana Islands the President on behalf of the Government of the and the people of the United States share the goals and United States unless earlier approved or disapproved. If values found in the American system of government disapproved the Constitution will be returned and will based upon the principles of government by the consent be resubmitted in accordance with this Section. of the governed, individual freedom and democracy; Amendments to the Constitution may be made by the and people of the Northern Mariana Islands without ap- ‘‘Whereas, for over twenty years, the people of the proval by the Government of the United States, but the Northern Mariana Islands, through public petition and courts established by the Constitution or laws of the referendum, have clearly expressed their desire for po- United States will be competent to determine whether litical union with the United States; the Constitution and subsequent amendments thereto ‘‘Now, therefore, the Marianas Political Status Com- are consistent with this Covenant and with those provi- mission, being the duly appointed representative of the sions of the Constitution, treaties and laws of the people of the Northern Mariana Islands, and the Per- United States applicable to the Northern Mariana Is- sonal Representative of the President of the United lands. States have entered into this Covenant in order to es- ‘‘SECTION 203. (a) The Constitution will provide for a tablish a self-governing commonwealth for the North- republican form of government with separate execu- ern Mariana Islands within the American political sys- tive, legislative and judicial branches, and will contain tem and to define the future relationship between the a bill of rights. Northern Mariana Islands and the United States. This Covenant will be mutually binding when it is approved ‘‘(b) The executive power of the Northern Mariana Is- by the United States, by the Mariana Islands District lands will be vested in a popularly elected Governor Legislature and by the people of the Northern Mariana and such other officials as the Constitution or laws of Islands in a plebiscite, constituting on their part a sov- the Northern Mariana Islands may provide. ereign act of self-determination. ‘‘(c) The legislative power of the Northern Mariana Islands will be vested in a popularly elected legislature ‘‘ARTICLE I and will extend to all rightful subjects of legislation. The Constitution of the Northern Mariana Islands will ‘‘POLITICAL RELATIONSHIP provide for equal representation for each of the char- ‘‘SECTION 101. The Northern Mariana Islands upon ter- tered municipalities of the Northern Mariana Islands in mination of the Trusteeship Agreement will become a one house of a bicameral legislature, notwithstanding self-governing commonwealth to be known as the other provisions of this Covenant or those provisions of ‘Commonwealth of the Northern Mariana Islands’, in the Constitution or laws of the United States applica- political union with and under the sovereignty of the ble to the Northern Mariana Islands. United States of America. ‘‘(d) The judicial power of the Northern Mariana Is- ‘‘SECTION 102. The relations between the Northern lands will be vested in such courts as the Constitution Mariana Islands and the United States will be governed or laws of the Northern Mariana Islands may provide. by this Covenant which, together with those provisions The Constitution or laws of the Northern Mariana Is- of the Constitution, treaties and laws of the United lands may vest in such courts jurisdiction over all States applicable to the Northern Mariana Islands, will causes in the Northern Mariana Islands over which any be the supreme law of the Northern Mariana Islands. court established by the Constitution or laws of the ‘‘SECTION 103. The people of the Northern Mariana Is- United States does not have exclusive jurisdiction. lands will have the right of local self-government and ‘‘SECTION 204. All members of the legislature of the will govern themselves with respect to internal affairs Northern Mariana Islands and all officers and employ- in accordance with a Constitution of their own adop- ees of the Government of the Northern Mariana Islands tion. will take an oath or affirmation to support this Cov- ‘‘SECTION 104. The United States will have complete enant, those provisions of the Constitution, treaties responsibility for and authority with respect to mat- and laws of the United States applicable to the North- ters relating to foreign affairs and defense affecting the ern Mariana Islands, and the Constitution and laws of Northern Mariana Islands. the Northern Mariana Islands. § 1801 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 176

‘‘ARTICLE III Mariana Islands may provide. When it sits as an appel- late court, the District Court will consist of three ‘‘CITIZENSHIP AND NATIONALITY judges, at least one of whom will be a judge of a court ‘‘SECTION 301. The following persons and their chil- of record of the Northern Mariana Islands. dren under the age of 18 years on the effective date of ‘‘SECTION 403. (a) The relations between the courts es- this Section, who are not citizens or nationals of the tablished by the Constitution or laws of the United United States under any other provision of law, and States and the courts of the Northern Mariana Islands who on that date do not owe allegiance to any foreign with respect to appeals, certiorari, removal of causes, state, are declared to be citizens of the United States, the issuance of writs of habeas corpus and other mat- except as otherwise provided in Section 302: ters or proceedings will be governed by the laws of the ‘‘(a) all persons born in the Northern Mariana Is- United States pertaining to the relations between the lands who are citizens of the Trust Territory of the courts of the United States and the courts of the sev- Pacific Islands on the day preceding the effective eral States in such matters and proceedings, except as date of this Section, and who on that date are domi- otherwise provided in this Article; provided that for the ciled in the Northern Mariana Islands or in the first fifteen years following the establishment of an ap- United States or any territory or possession thereof; pellate court of the Northern Mariana Islands the ‘‘(b) all persons who are citizens of the Trust Terri- United States Court of Appeals for the judicial circuit tory of the Pacific Islands on the day preceding the which includes the Northern Mariana Islands will have effective date of this Section, who have been domi- jurisdiction of appeals from all final decisions of the ciled continuously in the Northern Mariana Islands highest court of the Northern Mariana Islands from for at least five years immediately prior to that date, which a decision could be had in all cases involving the and who, unless under age, registered to vote in elec- Constitution, treaties or laws of the United States, or tions for the Marianas Islands District Legislature or any authority exercised thereunder, unless those cases for any municipal election in the Northern Mariana are reviewable in the District Court for the Northern Islands prior to January 1, 1975; and Mariana Islands pursuant to Subsection 402(c). ‘‘(c) all persons domiciled in the Northern Mariana ‘‘(b) Those portions of Title 28 of the United States Islands on the day preceding the effective date of this Code which apply to Guam or the District Court of Section, who, although not citizens of the Trust Ter- Guam will be applicable to the Northern Mariana Is- ritory of the Pacific Islands, on that date have been lands or the District Court for the Northern Mariana domiciled continuously in the Northern Mariana Is- Islands, respectively, except as otherwise provided in lands beginning prior to January 1, 1974. this Article. ‘‘SECTION 302. Any person who becomes a citizen of ‘‘ARTICLE V the United States solely by virtue of the provisions of Section 301 may within six months after the effective ‘‘APPLICABILITY OF LAWS date of that Section or within six months after reach- ing the age of 18 years, whichever date is the later, be- ‘‘SECTION 501. (a) To the extent that they are not ap- come a national but not a citizen of the United States plicable of their own force, the following provisions of by making a declaration under oath before any court the Constitution of the United States will be applicable established by the Constitution or laws of the United within the Northern Mariana Islands as if the Northern States or any court of record in the Commonwealth in Mariana Islands were one of the several States: Article the form as follows: I, Section 9, Clauses 2, 3, and 8; Article I, Section 10, ‘‘ ‘I llllllll being duly sworn, hereby declare Clauses 1 and 3; Article IV, Section 1 and Section 2, my intention to be a national but not a citizen of the Clauses 1 and 2; Amendments 1 through 9, inclusive; United States.’ Amendment 13; Amendment 14, Section 1; Amendment 15; Amendment 19; and Amendment 26; provided, how- ‘‘SECTION 303. All persons born in the Commonwealth on or after the effective date of this Section and sub- ever, that neither trial by jury nor indictment by grand ject to the jurisdiction of the United States will be citi- jury shall be required in any civil action or criminal zens of the United States at birth. prosecution based on local law, except where required ‘‘SECTION 304. Citizens of the Northern Mariana Is- by local law. Other provisions of or amendments to the lands will be entitled to all privileges and immunities Constitution of the United States, which do not apply of citizens in the several States of the United States. of their own force within the Northern Mariana Islands, will be applicable within the Northern Mariana Islands ‘‘ARTICLE IV only with approval of the Government of the Northern Mariana Islands and of the Government of the United ‘‘JUDICIAL AUTHORITY States. ‘‘SECTION 401. The United States will establish for and ‘‘(b) The applicability of certain provisions of the within the Northern Mariana Islands a court of record Constitution of the United States to the Northern Mar- to be known as the ‘District Court for the Northern iana Islands will be without prejudice to the validity of Mariana Islands’. The Northern Mariana Islands will and the power of the Congress of the United States to constitute a part of the same judicial circuit of the consent to Sections 203, 506 and 805 and the proviso in United States as Guam. Subsection (a) of this Section. ‘‘SECTION 402. (a) The District Court for the Northern ‘‘SECTION 502. (a) The following laws of the United Mariana Islands will have the jurisdiction of a district States in existence on the effective date of this Section court of the United States, except that in all causes and subsequent amendments to such laws will apply to arising under the Constitution, treaties or laws of the the Northern Mariana Islands, except as otherwise pro- United States it will have jurisdiction regardless of the vided in this Covenant: sum or value of the matter in controversy. ‘‘(1) those laws which provide federal services and ‘‘(b) The District Court will have original jurisdiction financial assistance programs and the federal bank- in all causes in the Northern Mariana Islands not de- ing laws as they apply to Guam; Section 228 of Title scribed in Subsection (a) jurisdiction over which is not II and Title XVI of the Social Security Act as it ap- vested by the Constitution or laws of the Northern plies to the several States; the Public Health Service Mariana Islands in a court or courts of the Northern Act as it applies to the Virgin Islands; and the Micro- Mariana Islands. In causes brought in the District nesian Claims Act as it applies to the Trust Territory Court solely on the basis of this subsection, the Dis- of the Pacific Islands; trict Court will be considered a court of the Northern ‘‘(2) those laws not described in paragraph (1) which Mariana Islands for the purposes of determining the re- are applicable to Guam and which are of general ap- quirements of indictment by grand jury or trial by plication to the several States as they are applicable jury. to the several States; and ‘‘(c) The District Court will have such appellate juris- ‘‘(3) those laws not described in paragraph (1) or (2) diction as the Constitution or laws of the Northern which are applicable to the Trust Territory of the Pa- Page 177 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801

cific Islands, but not their subsequent amendments ana Islands (including a national of the United States unless specifically made applicable to the Northern who is not a citizen), will file only one income tax re- Mariana Islands, as they apply to the Trust Territory turn with respect to his income, in a manner similar to of the Pacific Islands until termination of the Trust- the provisions of Section 935 of Title 26, United States eeship Agreement, and will thereafter be inapplica- Code. ble. ‘‘(c) References in the Internal Revenue Code to ‘‘(b) The laws of the United States regarding coastal Guam will be deemed also to refer to the Northern Mar- shipments and the conditions of employment, including iana Islands, where not otherwise distinctly expressed the wages and hours of employees, will apply to the ac- or manifestly incompatible with the intent thereof or tivities of the United States Government and its con- of this Covenant. tractors in the Northern Mariana Islands. ‘‘SECTION 602. The Government of the Northern Mari- ‘‘SECTION 503. The following laws of the United ana Islands may by local law impose such taxes, in ad- States, presently inapplicable to the Trust Territory of dition to those imposed under Section 601, as it deems the Pacific Islands, will not apply to the Northern Mar- appropriate and provide for the rebate of any taxes re- iana Islands except in the manner and to the extent ceived by it, except that the power of the Government made applicable to them by the Congress by law after of the Northern Mariana Islands to rebate collections termination of the Trusteeship Agreement: of the local territorial income tax received by it will be ‘‘(a) except as otherwise provided in Subsection (b) limited to taxes on income derived from sources within of Section 502, the coastwise laws of the United the Northern Mariana Islands. States and any prohibition in the laws of the United ‘‘SECTION 603. (a) The Northern Mariana Islands will States against foreign vessels landing fish or unfin- not be included within the customs territory of the ished fish products in the United States; and United States. ‘‘(b) the minimum wage provisions of Section 6, Act ‘‘(b) The Government of the Northern Mariana Is- of June 25, 1938, 52 Stat. 1062, as amended. (As amend- lands may, in a manner consistent with the inter- ed Pub. L. 110–229, title VII, § 702(g)(1)(A), May 8, 2008, national obligations of the United States, levy duties 122 Stat. 864.) on goods imported into its territory from any area out- ‘‘SECTION 504. The President will appoint a Commis- side the customs territory of the United States and im- sion on Federal Laws to survey the laws of the United pose duties on exports from its territory. States and to make recommendations to the United ‘‘(c) Imports from the Northern Mariana Islands into States Congress as to which laws of the United States the customs territory of the United States will be sub- not applicable to the Northern Mariana Islands should ject to the same treatment as imports from Guam into be made applicable and to what extent and in what the customs territory of the United States. manner, and which applicable laws should be made in- ‘‘(d) The Government of the United States will seek applicable and to what extent and in what manner. The to obtain from foreign countries favorable treatment Commission will consist of seven persons (at least four for exports from the Northern Mariana Islands and will of whom will be citizens of the Trust Territory of the encourage other countries to consider the Northern Pacific Islands who are and have been for at least five Mariana Islands a developing territory. years domiciled continuously in the Northern Mariana ‘‘SECTION 604. (a) The Government of the United Islands at the time of their appointments) who will be States may levy excise taxes on goods manufactured, representative of the federal, local, private and public sold or used or services rendered in the Northern Mari- interests in the applicability of laws of the United ana Islands in the same manner and to the same extent States to the Northern Mariana Islands. The Commis- as such taxes are applicable within Guam. sion will make its final report and recommendations to ‘‘(b) The Government of the Northern Mariana Is- the Congress within one year after the termination of lands will have the authority to impose excise taxes the Trusteeship Agreement, and before that time will upon goods manufactured, sold or used or services ren- make such interim reports and recommendations to the dered within its territory or upon goods imported into Congress as it considers appropriate to facilitate the its territory, provided that such excise taxes imposed transition of the Northern Mariana Islands to its new on goods imported into its territory will be consistent political status. In formulating its recommendations with the international obligations of the United States. ‘‘SECTION 605. Nothing in this Article will be deemed the Commission will take into consideration the poten- to authorize the Government of the Northern Mariana tial effect of each law on local conditions within the Islands to impose any customs duties on the property Northern Mariana Islands, the policies embodied in the of the United States or on the personal property of law and the provisions and purposes of this Covenant. military or civilian personnel of the United States Gov- The United States will bear the cost of the work of the ernment or their dependents entering or leaving the Commission. Northern Mariana Islands pursuant to their contract of ‘‘SECTION 505. The laws of the Trust Territory of the Pacific Islands, of the Mariana Islands District and its employment or orders assigning them to or from the local municipalities, and all other Executive and Dis- Northern Mariana Islands or to impose any taxes on trict orders of a local nature applicable to the Northern the property, activities or instrumentalities of the Mariana Islands on the effective date of this Section United States which one of the several States could not and not inconsistent with this Covenant or with those impose; nor will any provision of this Article be provisions of the Constitution, treaties or laws of the deemed to affect the operation of the Soldiers and Sail- United States applicable to the Northern Mariana Is- ors Civil Relief Act of 1940, as amended, which will be lands will remain in force and effect until and unless applicable to the Northern Mariana Islands as it is ap- altered by the Government of the Northern Mariana Is- plicable to Guam. ‘‘SECTION 606. (a) Not later than at the time this Cov- lands. enant is approved, that portion of the Trust Territory ‘‘SECTION 506. [Repealed. Pub. L. 110–229, title VII, Social Security Retirement Fund attributable to the § 702(g)(1)(B), May 8, 2008, 122 Stat. 864.] Northern Mariana Islands will be transferred to the ‘‘ARTICLE VI Treasury of the United States, to be held in trust as a separate fund to be known as the ‘Northern Mariana Is- ‘‘REVENUE AND TAXATION lands Social Security Retirement Fund’. This fund will ‘‘SECTION 601. (a) The income tax laws in force in the be administered by the United States in accordance United States will come into force in the Northern with the social security laws of the Trust Territory of Mariana Islands as a local territorial income tax on the the Pacific Islands in effect at the time of such trans- first day of January following the effective date of this fer, which may be modified by the Government of the Section, in the same manner as those laws are in force Northern Mariana Islands only in a manner which does in Guam. not create any additional differences between the so- ‘‘(b) Any individual who is a citizen or a resident of cial security laws of the Trust Territory of the Pacific the United States, of Guam, or of the Northern Mari- Islands and the laws described in Subsection (b). The § 1801 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 178

United States will supplement such fund if necessary to ‘‘(a) $8.25 million for budgetary support for govern- assure that persons receive benefits therefrom com- ment operations, of which $250,000 each year will be parable to those they would have received from the reserved for a special education training fund con- Trust Territory Social Security Retirement Fund nected with the change in the political status of the under the laws applicable thereto on the day preceding Northern Mariana Islands; the establishment of the Northern Mariana Islands So- ‘‘(b) $4 million for capital improvement projects, of cial Security Retirement Fund, so long as the rate of which $500,000 each year will be reserved for such contributions thereto also remains comparable. projects on the Island of Tinian and $500,000 each year ‘‘(b) Those laws of the United States which impose will be reserved for such projects on the Island of excise and self-employment taxes to support or which Rota; and provide benefits from the United States Social Security ‘‘(c) $1.75 million for an economic development loan System will on January 1 of the first calendar year fol- fund, of which $500,000 each year will be reserved for lowing the termination of the Trusteeship Agreement small loans to farmers and fishermen and to agricul- or upon such earlier date as may be agreed to by the tural and marine cooperatives, and of which $250,000 Government of the Northern Mariana Islands and the each year will be reserved for a special program of Government of the United States become applicable to low interest housing loans for low income families. the Northern Mariana Islands as they apply to Guam. ‘‘SECTION 703. (a) The United States will make avail- (As amended Pub. L. 98–213, § 9, Dec. 8, 1983, 97 Stat. able to the Northern Mariana Islands the full range of 1461.) federal programs and services available to the terri- ‘‘(c) At such time as the laws described in Subsection tories of the United States. Funds provided under Sec- (b) become applicable to the Northern Mariana Islands: tion 702 will be considered to be local revenues when ‘‘(1) the Northern Mariana Islands Social Security used as the local share required to obtain federal pro- Retirement Fund will be transferred into the appro- grams and services. (As amended Pub. L. 104–208, div. A, priate Federal Social Security Trust Funds; ‘‘(2) prior contributions by or on behalf of persons title I, § 101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, domiciled in the Northern Mariana Islands to the 3009–196.) Trust Territory Social Security Retirement Fund or ‘‘(b) There will be paid into the Treasury of the Gov- the Northern Mariana Islands Social Security Retire- ernment of the Northern Mariana Islands, to be ex- ment Fund will be considered to have been made to pended to the benefit of the people thereof as that Gov- the appropriate Federal Social Security Trust Funds ernment may by law prescribe, the proceeds of all cus- for the purpose of determining eligibility of those toms duties and federal income taxes derived from the persons in the Northern Mariana Islands for benefits Northern Mariana Islands, the proceeds of all taxes col- under those laws; and lected under the internal revenue laws of the United ‘‘(3) persons domiciled in the Northern Mariana Is- States on articles produced in the Northern Mariana Is- lands who are eligible for or entitled to social secu- lands and transported to the United States, its terri- rity benefits under the laws of the Trust Territory of tories or possessions, or consumed in the Northern the Pacific Islands or of the Northern Mariana Is- Mariana Islands, the proceeds of any other taxes which lands will not lose their entitlement and will be eligi- may be levied by the Congress on the inhabitants of the ble for or entitled to benefits under the laws de- Northern Mariana Islands, and all quarantine and pass- scribed in Subsection (b). port fees collected in the Northern Mariana Islands, ex- ‘‘SECTION 607. (a) All bonds or other obligations issued cept that nothing in this Section shall be construed to by the Government of the Northern Mariana Islands or apply to any tax imposed by Chapters 2 or 21 of Title by its authority will be exempt, as to principal and in- 26, United States Code. (As amended Pub. L. 110–229, terest, from taxation by the United States, or by any title VII, § 702(g)(1)(C), May 8, 2008, 122 Stat. 864.) State, territory or possession of the United States, or ‘‘SECTION 704. (a) Funds provided under Section 702 any political subdivision of any of them. not obligated or expended by the Government of the ‘‘(b) During the initial seven year period of financial Northern Mariana Islands during any fiscal year will assistance provided for in Section 702, and during such remain available for obligation or expenditure by that subsequent periods of financial assistance as may be Government in subsequent fiscal years for the purposes agreed, the Government of the Northern Mariana Is- for which the funds were appropriated. lands will authorize no public indebtedness (other than ‘‘(b) Approval of this Covenant by the United States bonds or other obligations of the Government payable will constitute an authorization for the appropriation solely from revenues derived from any public improve- of a pro-rata share of the funds provided under Section ment or undertaking) in excess of ten percentum of the 702 for the period between the effective date of this Sec- aggregate assessed valuation of the property within the tion and the beginning of the next succeeding fiscal Northern Mariana Islands. year. ‘‘(c) The amounts stated in Section 702 will be ad- ‘‘ARTICLE VII justed for each fiscal year by a percentage which will ‘‘UNITED STATES FINANCIAL ASSISTANCE be the same as the percentage change in the United States Department of Commerce composite price index ‘‘SECTION 701. The Government of the United States using the beginning of Fiscal Year 1975 as the base. will assist the Government of the Northern Mariana Is- ‘‘(d) Upon expiration of the seven year period of guar- lands in its efforts to achieve a progressively higher anteed annual direct grant assistance provided by Sec- standard of living for its people as part of the American tion 702, the annual level of payments in each category economic community and to develop the economic re- listed in Section 702 will continue until Congress appro- sources needed to meet the financial responsibilities of priates a different amount or otherwise provides by local self-government. To this end, the United States law. will provide direct multi-year financial support to the Government of the Northern Mariana Islands for local ‘‘ARTICLE VIII government operations, for capital improvement pro- ‘‘PROPERTY grams and for economic development. The initial pe- riod of such support will be seven years, as provided in ‘‘SECTION 801. All right, title and interest of the Gov- Section 702. ernment of the Trust Territory of the Pacific Islands in ‘‘SECTION 702. Approval of this Covenant by the and to real property in the Northern Mariana Islands United States will constitute a commitment and pledge on the date of the signing of this Covenant or there- of the full faith and credit of the United States for the after acquired in any manner whatsoever will, no later payment, as well as an authorization for the appropria- than upon the termination of the Trusteeship Agree- tion, of the following guaranteed annual levels of direct ment, be transferred to the Government of the North- grant assistance to the Government of the Northern ern Mariana Islands. All right, title and interest of the Mariana Islands for each of the seven fiscal years fol- Government of the Trust Territory of the Pacific Is- lowing the effective date of this Section: lands in and to all personal property on the date of the Page 179 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801 signing of this Covenant or thereafter acquired in any United States for the lease of this property will be manner whatsoever will, no later than upon the termi- placed into a trust fund, and used for the development nation of the Trusteeship Agreement, be distributed eq- and maintenance of the park in accordance with the uitably in a manner to be determined by the Govern- Technical Agreement. ment of the Trust Territory of the Pacific Islands in ‘‘SECTION 804. (a) The Government of the United consultation with those concerned, including the Gov- States will cause all agreements between it and the ernment of the Northern Mariana Islands. Government of the Trust Territory of the Pacific Is- ‘‘SECTION 802. (a) The following property will be made lands which grant to the Government of the United available to the Government of the United States by States use or other rights in real property in the North- lease to enable it to carry out its defense responsibil- ern Mariana Islands to be terminated upon or before ities: the effective date of the Section. All right, title and in- ‘‘(1) on Tinian Island, approximately 17,799 acres terest of the Government of the Trust Territory of the (7,203 hectares) and the waters immediately adjacent Pacific Islands in and to any real property with respect thereto; to which the Government of the United States enjoys ‘‘(2) on Saipan Island, approximately 177 acres (72 such use or other rights will be transferred to the Gov- hectares) at Tanapag Harbor; and ernment of the Northern Mariana Islands at the time of ‘‘(3) on Farallon de Medinilla Island, approximately such termination. From the time such right, title and 206 acres (83 hectares) encompassing the entire island, interest is so transferred the Government of the North- and the waters immediately adjacent thereto. ern Mariana Islands will assure the Government of the ‘‘(b) The United States affirms that it has no present United States the continued use of the real property need for or present intention to acquire any greater in- then actively used by the Government of the United terest in property listed above than that which is States for civilian governmental purposes on terms granted to it under Subsection 803(a), or to acquire any comparable to those enjoyed by the Government of the property in addition to that listed in Subsection (a), United States under its arrangements with the Govern- above, in order to carry out its defense responsibilities. ment of the Trust Territory of the Pacific Islands on ‘‘SECTION 803. (a) The Government of the Northern the date of the signature of this Covenant. Mariana Islands will lease the property described in ‘‘(b) All facilities at Isely Field developed with fed- Subsection 802(a) to the Government of the United eral aid and all facilities at that field usable for the States for a term of fifty years, and the Government of landing and take-off of aircraft will be available to the the United States will have the option of renewing this United States for use by military and naval aircraft, in lease for all or part of such property for an additional common with other aircraft, at all times without term of fifty years if it so desires at the end of the first charge, except, if the use by military and naval aircraft term. shall be substantial, a reasonable share, proportional to ‘‘(b) The Government of the United States will pay to such use, of the cost of operating and maintaining the the Government of the Northern Mariana Islands in full facilities so used may be charged at a rate established settlement of this lease, including the second fifty year by agreement between the Government of the Northern term of the lease if extended under the renewal option, Mariana Islands and the Government of the United the total sum of $19,520,600, determined as follows: States. ‘‘(1) for that property on Tinian Island, $17.5 mil- ‘‘SECTION 805. Except as otherwise provided in this lion; Article, and notwithstanding the other provisions of ‘‘(2) for that property at Tanapag Harbor on Saipan this Covenant, or those provisions of the Constitution, Island, $2 million; and treaties or laws of the United States applicable to the ‘‘(3) for that property known as Farallon de Northern Mariana Islands, the Government of the Medinilla, $20,600. Northern Mariana Islands, in view of the importance of The sum stated in this Subsection will be adjusted by the ownership of land for the culture and traditions of a percentage which will be the same as the percentage the people of the Northern Mariana Islands, and in change in the United States Department of Commerce order to protect them against exploitation and to pro- composite price index from the date of signing the Cov- mote their economic advancement and self-sufficiency: enant. ‘‘(a) will until twenty-five years after the termi- ‘‘(c) A separate Technical Agreement Regarding Use nation of the Trusteeship Agreement, and may there- of Land To Be Leased by the United States in the after, regulate the alienation of permanent and long- Northern Mariana Islands will be executed simulta- term interests in real property so as to restrict the neously with this Covenant. The terms of the lease to acquisition of such interests to persons of Northern the United States will be in accordance with this Sec- Mariana Islands descent; and tion and with the terms of the Technical Agreement. ‘‘(b) may regulate the extent to which a person may The Technical Agreement will also contain terms relat- own or hold land which is now public land. ing to the leaseback of property, to the joint use ar- ‘‘SECTION 806. (a) The United States will continue to rangements for San Jose Harbor and on recognize and respect the scarcity and special impor- Tinian Island, and to the principles which will govern tance of land in the Northern Mariana Islands. If the the social structure relations between the United United States must acquire any interest in real prop- States military and the Northern Mariana Islands civil erty not transferred to it under this Covenant, it will authorities. follow the policy of seeking to acquire only the mini- ‘‘(d) From the property to be leased to it in accord- mum area necessary to accomplish the public purpose ance with this Covenant the Government of the United for which the real property is required, of seeking only States will lease back to the Government of the North- the minimum interest in real property necessary to ern Mariana Islands, in accordance with the Technical support such public purpose, acquiring title only if the Agreement, for the sum of one dollar per acre per year, public purpose cannot be accomplished if a lesser inter- approximately 6,458 acres (2,614 hectares) on Tinian Is- est is obtained, and of seeking first to satisfy its re- land and approximately 44 acres (18 hectares) at quirement by acquiring an interest in public rather Tanapag Harbor on Saipan Island, which will be used than private real property. for purposes compatible with their intended military ‘‘(b) The United States may, upon prior written no- use. tice to the Government of the Northern Mariana Is- ‘‘(e) From the property to be leased to it at Tanapag lands, acquire for public purposes in accordance with Harbor on Saipan Island the Government of the United federal laws and procedures any interest in real prop- States will make available to the Government of the erty in the Northern Mariana Islands by purchase, Northern Mariana Islands 133 acres (54 hectares) at no lease, exchange, gift or otherwise under such terms and cost. This property will be set aside for public use as an conditions as may be negotiated by the parties. The American memorial park to honor the American and United States will in all cases attempt to acquire any Marianas dead in the World War II Marianas Campaign. interest in real property for public purposes by vol- The $2 million received from the Government of the untary means under this Subsection before exercising § 1801 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 180 the power of eminent domain. No interest in real prop- ‘‘ARTICLE X erty will be acquired unless duly authorized by the Congress of the United States and appropriations are ‘‘APPROVAL, EFFECTIVE DATES, AND DEFINITIONS available therefor. ‘‘SECTION 1001. (a) This Covenant will be submitted to ‘‘(c) In the event it is not possible for the United the Mariana Islands District Legislature for its ap- States to obtain an interest in real property for public proval. After its approval by the Mariana Islands Dis- purposes by voluntary means, it may exercise within trict Legislature, this Covenant will be submitted to the Commonwealth the power of eminent domain to the the people of the Northern Mariana Islands for approval same extent and in the same manner as it has and can in a plebiscite to be called by the United States. Only exercise the power of eminent domain in a State of the persons who are domiciled exclusively in the Northern Union. The power of eminent domain will be exercised Mariana Islands and who meet such other qualifica- within the Commonwealth only to the extent necessary tions, including timely registration, as are promul- and in compliance with applicable United States laws, gated by the United States as administering authority and with full recognition of the due process required by will be eligible to vote in the plebiscite. Approval must the United States Constitution. be by a majority of at least 55% of the valid votes cast ‘‘ARTICLE IX in the plebiscite. The results of the plebiscite will be certified to the President of the United States. ‘‘NORTHERN MARIANA ISLANDS REPRESENTATIVE AND ‘‘(b) This Covenant will be approved by the United CONSULTATION States in accordance with its constitutional processes ‘‘SECTION 901. The Constitution or laws of the North- and will thereupon become law. ern Mariana Islands may provide for the appointment ‘‘SECTION 1002. The President of the United States or election of a Resident Representative to the United will issue a proclamation announcing the termination States, whose term of office will be two years, unless of the Trusteeship Agreement, or the date on which the otherwise determined by local law, and who will be en- Trusteeship Agreement will terminate, and the estab- titled to receive official recognition as such Represent- lishment of the Commonwealth in accordance with this ative by all of the departments and agencies of the Covenant. Any determination by the President that the Government of the United States upon presentation Trusteeship Agreement has been terminated or will be through the Department of State of a certificate of se- terminated on a day certain will be final and will not lection from the Governor. The Representative must be be subject to review by any authority, judicial or a citizen and resident of the Northern Mariana Islands, otherwise, of the Trust Territory of the Pacific Islands, at least twenty-five years of age, and, after termi- the Northern Mariana Islands or the United States. nation of the Trusteeship Agreement, a citizen of the ‘‘SECTION 1003. The provisions of this Covenant will United States. become effective as follows, unless otherwise specifi- ‘‘SECTION 902. The Government of the United States cally provided: and the Government of the Northern Mariana Islands ‘‘(a) Sections 105, 201–203, 503, 504, 606, 801, 903 and will consult regularly on all matters affecting the rela- Article X will become effective on approval of this tionship between them. At the request of either Gov- Covenant; ernment, and not less frequently than every ten years, ‘‘(b) Sections 102, 103, 204, 304, Article IV, Sections the President of the United States and the Governor of 501, 502, 505, 601–605, 607, Article VII, Sections 802–805, the Northern Mariana Islands will designate special 901 and 902 will become effective on a date to be de- representatives to meet and to consider in good faith termined and proclaimed by the President of the such issues affecting the relationship between the United States which will be not more than 180 days Northern Mariana Islands and the United States as after this Covenant and the Constitution of the may be designated by either Government and to make Northern Mariana Islands have both been approved; a report and recommendations with respect thereto. and Special representatives will be appointed in any event ‘‘(c) The remainder of this Covenant will become ef- to consider and to make recommendations regarding fective upon the termination of the Trusteeship future multi-year financial assistance to the Northern Agreement and the establishment of the Common- Mariana Islands pursuant to Section 701, to meet at wealth of the Northern Mariana Islands. least one year prior to the expiration of every period of ‘‘SECTION 1004. (a) The application of any provision of such financial assistance. the Constitution or laws of the United States which ‘‘SECTION 903. Nothing herein shall prevent the pres- would otherwise apply to the Northern Mariana Islands entation of cases or controversies arising under this may be suspended until termination of the Trusteeship Covenant to courts established by the Constitution or Agreement if the President finds and declares that the laws of the United States. It is intended that any such application of such provision prior to termination cases or controversies will be justifiable in such courts would be inconsistent with the Trusteeship Agreement. and that the undertakings by the Government of the ‘‘(b) The Constitution of the Northern Mariana Is- United States and by the Government of the Northern lands will become effective in accordance with its Mariana Islands provided for in this Covenant will be terms on the same day that the provisions of this Cov- enforceable in such courts. enant specified in Subsection 1003(b) become effective, ‘‘SECTION 904. (a) The Government of the United provided that if the President finds and declares that States will give sympathetic consideration to the views the effectiveness of any provision of the Constitution of of the Government of the Northern Mariana Islands on the Northern Mariana Islands prior to termination of international matters directly affecting the Northern the Trusteeship Agreement would be inconsistent with Mariana Islands and will provide opportunities for the the Trusteeship Agreement such provision will be inef- effective presentation of such views to no less extent fective until termination of the Trusteeship Agree- than such opportunities are provided to any other ter- ment. Upon the establishment of the Commonwealth of ritory or possession under comparable circumstances. the Northern Mariana Islands the Constitution will be- ‘‘(b) The United States will assist and facilitate the come effective in its entirety in accordance with its establishment by the Northern Mariana Islands of of- terms as the Constitution of the Commonwealth of the fices in the United States and abroad to promote local Northern Mariana Islands. tourism and other economic or cultural interests of the ‘‘SECTION 1005. As used in this Covenant: Northern Mariana Islands. ‘‘(a) ‘Trusteeship Agreement’ means the Trustee- ‘‘(c) On its request the Northern Mariana Islands may ship Agreement for the former Japanese Mandated Is- participate in regional and other international organi- lands concluded between the Security Council of the zations concerned with social, economic, educational, United Nations and the United States of America, scientific, technical and cultural matters when similar which entered into force on July 18, 1947; participation is authorized for any other territory or ‘‘(b) ‘Northern Mariana Islands’ means the area now possession of the United States under comparable cir- known as the Mariana Islands District of the Trust cumstances. Territory of the Pacific Islands, which lies within the Page 181 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1801

area north of 14° north latitude, south of 21° north United States to be applicable to the Northern Mariana latitude, west of 150° east longitude and east of 144° Islands. Pursuant to the provisions of Section 202 of the east longitude; Covenant, the Constitution of the Northern Mariana Is- ‘‘(c) ‘Government of the Northern Mariana Islands’ lands will be deemed to have been approved by the Gov- includes, as appropriate, the Government of the Mari- ernment of the United States six months after the date ana Islands District of the Trust Territory of the Pa- of submission to the President unless sooner approved cific Islands at the time this Covenant is signed, its or disapproved. agencies and instrumentalities, and its successors, in- The six-month period of Section 202 of the Covenant cluding the Government of the Commonwealth of the having expired on October 22, 1977, I am pleased to an- Northern Mariana Islands; nounce that the Constitution of the Northern Mariana ‘‘(d) ‘Territory or possession’ with respect to the Islands is hereby deemed approved. United States includes the District of Columbia, the I am satisfied that the Constitution of the Northern Commonwealth of Puerto Rico, the Virgin Islands, Mariana Islands complies with the requirements of Ar- Guam, and American Samoa; ticle II of the Covenant. I have also received advice ‘‘(e) ‘Domicile’ means that place where a person from the Senate Committee on Energy and Natural Re- maintains a residence with the intention of continu- sources and the Subcommittee on National Parks and ing such residence for an unlimited or indefinite pe- Insular Affairs of the House Committee on Interior and riod, and to which such person has the intention of Insular Affairs that the Constitution complies with returning whenever he is absent, even for an extended those requirements. period. Sections 1003(b) and 1004(b) of the Covenant provide ‘‘Signed at Saipan, Mariana Islands on the fifteenth that the Constitution of the Northern Mariana Islands day of February, 1975. and the provisions specified in Section 1003(b) of the ‘‘For the people of the Northern Mariana Islands: Covenant shall become effective on a date proclaimed by the President which will be not more than 180 days EDWARD DLG. PANGELINAN, after the Covenant and the Constitution of the North- Chairman, Marianas ern Mariana Islands have both been approved. Political Status Commission. NOW, THEREFORE, I, JIMMY CARTER, President of VICENTE N. SANTOS. the United States of America, do hereby proclaim as Vice Chairman, Marianas follows: Political Status Commission. SECTION 1. The Constitution of the Northern Mariana ‘‘For the United States of America: Islands shall come into full force and effect at eleven AMBASSADOR F. HAYDN WILLIAMS, o’clock on the morning of January 9, 1978, Northern Personal Representative of the Mariana Islands local time. President of the United States. SEC. 2. Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601–605, 607, Article VII, Sections 802–805, ‘‘Members of the Marianas Political Status Commis- 901 and 902 of the Covenant shall come into full force sion: and effect on the date and at the time specified in Sec- JUAN LG. CABRERA. tion 1 of this Proclamation. VICENTE T. CAMACHO. SEC. 3. The authority of the President under Section JOSE R. CRUZ. 1004 of the Covenant to suspend the application of any BERNARD V. HOFSCHNEIDER. provision of law to or in the Northern Mariana Islands BENJAMIN T. MANGLONA. until the termination of the Trusteeship Agreement is DANIEL T. MUNA. hereby reserved. Dr. FRANCISCO T. PALACIOS. IN WITNESS WHEREOF, I have hereunto set my JOAQUIN I. PANGELINAN. hand this twenty-fourth day of October, in the year of MANUEL A. SABLAN. our Lord nineteen hundred seventy-seven, and of the JOANNES B. TAIMANAO. Independence of the United States of America the two PEDRO A. TENORIO.’’ hundred and second. [Pub. L. 110–229, title VII, § 702(g)(2), May 8, 2008, 122 JIMMY CARTER. Stat. 864, provided that: ‘‘The amendments made by paragraph (1) [amending Covenant set out above] shall PROCLAMATION NO. 4568 take effect on the transition program effective date de- Proc. No. 4568, May 9, 1978, 43 F.R. 19999, related to ap- scribed in section 6 of Public Law 94–241 [48 U.S.C. 1806] plication of certain United States laws to the Northern (as added by subsection (a)).’’] Mariana Islands until termination of Trusteeship Agreement. PROC. NO. 4534. CONSTITUTION OF NORTHERN MARIANA ISLANDS PROCLAMATION NO. 4726 Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, provided: Proc. No. 4726, Feb. 21, 1980, 45 F.R. 12369, related to On February 15, 1975, the Marianas Political Status application of certain United States laws to the North- Commission, the duly appointed representative of the ern Mariana Islands until termination of Trusteeship people of the Northern Mariana Islands, and the Per- Agreement. sonal Representative of the President of the United States signed a Covenant, the purpose of which is to PROCLAMATION NO. 4938 provide for the eventual establishment of a Common- Proc. No. 4938, May 3, 1982, 47 F.R. 19307, related to ap- wealth of the Northern Mariana Islands in political plication of certain United States laws to the Northern union with the United States of America [set out Mariana Islands until termination of Trusteeship above]. This Covenant was subsequently approved by Agreement. the Mariana Islands District Legislature and by the people of the Northern Mariana Islands voting in a PROCLAMATION NO. 5207 plebiscite. The Covenant was approved by the Congress Proc. No. 5207, June 7, 1984, 49 F.R. 24365, related to of the United States by joint resolution approved application of certain laws of the United States to citi- March 24, 1976 (Public Law 94–241; 90 Stat. 263) [48 zens of the Northern Mariana Islands until establish- U.S.C. 1801 et seq.]. ment of Commonwealth of Northern Mariana Islands. In accordance with the provisions of Article II of the Covenant, the people of the Northern Mariana Islands PROC. NO. 5564. COVENANT WITH COMMONWEALTH OF THE have formulated and approved a Constitution which NORTHERN MARIANA ISLANDS, AND COMPACTS OF FREE was submitted to me on behalf of the Government of ASSOCIATION WITH FEDERATED STATES OF MICRONESIA the United States on April 21, 1977, for approval on the AND REPUBLIC OF THE MARSHALL ISLANDS; EFFECTIVE basis of its consistency with the Covenant and those DATES provisions of the Constitution, treaties and laws of the Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, provided: § 1801 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 182

Since July 18, 1947, the United States has adminis- On October 15, 1986, the Government of the United tered the United Nations Trust Territory of the Pacific States and the Government of the Republic of the Mar- Islands (‘‘Trust Territory’’), which includes the North- shall Islands agreed, pursuant to Section 411 of the ern Mariana Islands, the Federated States of Microne- Compact of Free Association, that as between the sia, the Marshall Islands, and Palau. United States and the Republic of the Marshall Islands, On February 15, 1975, after extensive status negotia- the effective date of the Compact shall be October 21, tions, the United States and the Marianas Political 1986. Status Commission concluded a Covenant to establish On October 24, 1986, the Government of the United a Commonwealth of the Northern Mariana Islands in States and the Government of the Federated States of Political Union with the United States (‘‘Covenant’’) Micronesia agreed, pursuant to Section 411 of the Com- [set out above]. Sections 101, 1002, and 1003(c) of the pact of Free Association, that as between the United Covenant provide that the Northern Mariana Islands States and the Federated States of Micronesia, the ef- will become a self-governing Commonwealth in politi- fective date of the Compact shall be November 3, 1986. cal union with and under the sovereignty of the United On October 24, 1986, the United States advised the States. This Covenant was approved by the Congress by Secretary General of the United Nations that, as a con- Public Law 94–241 of March 24, 1976, 90 Stat. 263 [48 sequence of consultations held between the United U.S.C. 1801 et seq.]. Although many sections of the Cov- States Government and the Government of the Mar- enant became effective in 1976 and 1978, certain sections shall Islands, agreement had been reached that the have not previously entered into force. Compact of Free Association with the Marshall Islands On October 1, 1982, the Government of the United entered fully into force on October 21, 1986. The United States and the Government of the Federated States of States further advised the Secretary General that, as a Micronesia concluded a Compact of Free Association, result of consultations with their governments, agree- establishing a relationship of Free Association between ment had been reached that the Compact of Free Asso- the two Governments [see Compact of Free Associa- ciation with the Federated States of Micronesia and tion, 48 U.S.C. 1901 note]. On June 25, 1983, the Govern- the Covenant with the Commonwealth of the Northern ment of the United States and the Government of the Mariana Islands would enter into force on November 3, Marshall Islands concluded a Compact of Free Associa- 1986. tion, establishing a relationship of Free Association be- As of this day, November 3, 1986, the United States tween the two Governments [see Compact of Free Asso- has fulfilled its obligations under the Trusteeship ciation, 48 U.S.C. 1901 note]. Pursuant to Sections 111 Agreement with respect to the Commonwealth of the and 121 of the Compacts, the Federated States of Micro- Northern Mariana Islands, the Republic of the Marshall nesia and the Republic of the Marshall Islands become Islands, and the Federated States of Micronesia, and self-governing and have the right to conduct foreign af- they are self-governing and no longer subject to the fairs in their own name and right upon the effective Trusteeship. In taking these actions, the United States date of their respective Compacts. Each Compact is implementing the freely expressed wishes of the peo- comes into effect upon (1) mutual agreement between ples of the Northern Mariana Islands, the Federated the Government of the United States, acting in fulfill- States of Micronesia, and the Marshall Islands. ment of its responsibilities as Administering Authority NOW, THEREFORE, I, RONALD REAGAN, by the au- of the Trust Territory of the Pacific Islands, and the thority vested in me as President by the Constitution other Government; (2) the approval of the Compact by and laws of the United States of America, including the two Governments, in accordance with their con- Section 1002 of the Covenant to Establish a Common- stitutional processes; and (3) the conduct of a plebiscite wealth of the Northern Mariana Islands in Political Union with the United States of America, and Sections in that jurisdiction. In the Federated States of Micro- 101 and 102 of the Joint Resolution to approve the nesia, the Compact has been approved by the Govern- ‘‘Compact of Free Association’’, and for other purposes, ment in accordance with its constitutional processes, approved on January 14, 1986 (Public Law 99–239) [48 and in a United Nations-observed plebiscite on June 21, U.S.C. 1901 et seq., 2001 et seq.], do hereby find, declare, 1983, a sovereign act of self-determination. In the Mar- and proclaim as follows: shall Islands, the Compact has been approved by the SECTION 1. I determine that the Trusteeship Agree- Government in accordance with its constitutional proc- ment for the Pacific Islands is no longer in effect as of esses, and in a United Nations-observed plebiscite on October 21, 1986, with respect to the Republic of the September 7, 1983, a sovereign act of self-determina- Marshall Islands, as of November 3, 1986, with respect tion. In the United States the Compacts have been ap- to the Federated States of Micronesia, and as of No- proved by Public Law 99–239 of January 14, 1986, 99 Stat. vember 3, 1986, with respect to the Northern Mariana 1770 [48 U.S.C. 1901 et seq., 2001 et seq.]. Islands. This constitutes the determination referred to On January 10, 1986, the Government of the United in Section 1002 of the Covenant. States and the Government of the Republic of Palau SEC. 2. (a) Sections 101, 104, 301, 302, 303, 506, 806, and concluded a Compact of Free Association, establishing 904 of the Covenant are effective as of 12:01 a.m., No- a similar relationship of Free Association between the vember 4, 1986, Northern Mariana Islands local time. two Governments [48 U.S.C. 1931 note]. On October 16, (b) The Commonwealth of the Northern Mariana Is- 1986, the Congress of the United States approved the lands in political union with and under the sovereignty Compact of Free Association with the Republic of of the United States of America is fully established on Palau. In the Republic of Palau, the Compact approval the date and at the time specified in Section 2(a) of this process has not yet been completed. Until the future Proclamation. political status of Palau is resolved, the United States (c) The domiciliaries of the Northern Mariana Islands will continue to discharge its responsibilities in Palau are citizens of the United States to the extent provided as Administering Authority under the Trusteeship for in Sections 301 through 303 of the Covenant on the Agreement. date and at the time specified in this Proclamation. On May 28, 1986, the Trusteeship Council of the (d) I welcome the Commonwealth of the Northern United Nations concluded that the Government of the Mariana Islands into the American family and con- United States had satisfactorily discharged its obliga- gratulate our new fellow citizens. tions as the Administering Authority under the terms SEC. 3. (a) The Compact of Free Association with the of the Trusteeship Agreement and that the people of Republic of the Marshall Islands is in full force and ef- the Northern Mariana Islands, the Federated States of fect as of October 21, 1986, and the Compact of Free As- Micronesia, and the Republic of the Marshall Islands sociation with the Federated States of Micronesia is in had freely exercised their right to self-determination, full force and effect as of November 3, 1986. and considered that it was appropriate for that Agree- (b) I am gratified that the people of the Federated ment to be terminated. The Council asked the United States of Micronesia and the Republic of the Marshall States to consult with the governments concerned to Islands, after nearly forty years of Trusteeship, have agree on a date for entry into force of their respective freely chosen to establish a relationship of Free Asso- new status agreements. ciation with the United States. Page 183 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1804

IN WITNESS WHEREOF, I have hereunto set my a 1⁄8 share and the island of Saipan shall receive hand this third day of November, in the year of our no less than a 1⁄4 share of annualized capital im- Lord nineteen hundred and eighty-six, and of the Inde- provement project funds, which shall be no less pendence of the United States of America the two hun- than 80 per centum of the capital development dred and eleventh. funds identified in the schedule of payments in RONALD REAGAN. paragraph 2 of part II of the Agreement of the EX. ORD. NO. 12572. RELATIONS WITH NORTHERN MARIANA Special Representatives. Funds shall be granted ISLANDS according to such regulations as are applicable Ex. Ord. No. 12572, Nov. 3, 1986, 51 F.R. 40401, provided: to such grants. By the authority vested in me as President by the (Pub. L. 94–241, § 3, as added Pub. L. 99–396, § 10, Constitution and laws of the United States of America, it is hereby ordered that, consistent with the Joint Aug. 27, 1986, 100 Stat. 840.) Resolution to approve the ‘‘Covenant To Establish a REFERENCES IN TEXT Commonwealth of the Northern Mariana Islands in Po- litical Union with the United States of America,’’ ap- The Covenant, referred to in text, is the Covenant to proved March 24, 1976 (Public Law 94–241; 90 Stat. 263) Establish a Commonwealth of the Northern Mariana Is- [48 U.S.C. 1801 et seq.], the relations of the United lands in Political Union with the United States of States with the Government of the Northern Mariana America, which is contained in section 1 of Pub. L. Islands shall, in all matters not the program respon- 94–241, set out as a note under section 1801 of this title. sibility of another Federal department or agency, be CODIFICATION under the general administrative supervision of the Secretary of the Interior. Section was formerly set out as a note under section RONALD REAGAN. 1681 of this title. § 1802. Consideration of issues affecting relations USE OF ECONOMIC DEVELOPMENT LOAN FUNDS FOR CAPITAL IMPROVEMENT PROJECTS with United States Pub. L. 99–396, § 2, Aug. 27, 1986, 100 Stat. 838, author- It is the sense of the Congress that pursuant ized use of up to $4,000,000 of funds reserved for use by to section 902 of the foregoing Covenant, and in the economic development loan fund, as established any case within ten years from March 24, 1976, under section 702(c) of the Covenant to Establish a the President of the United States should re- Commonwealth of the Northern Mariana Islands in Po- quest, on behalf of the United States, the des- litical Union with the United States of America, 48 ignation of special representatives to meet and U.S.C. 1801 note, for capital improvement projects, if to consider in good faith such issues affecting such funds became available for use by the economic development loan fund, and were not obligated for eco- the relationship between the Northern Mariana nomic development loans. Islands and the United States as may be des- ignated by either Government and to make a re- § 1804. Direct grant assistance port and recommendations with respect thereto. (a) Composite price index adjustments not appli- (Pub. L. 94–241, § 2, Mar. 24, 1976, 90 Stat. 279.) cable REFERENCES IN TEXT Section 704(c) of the foregoing Covenant shall The Covenant, referred to in text, is the Covenant to not apply to the Federal financial assistance Establish a Commonwealth of the Northern Mariana Is- which is provided to the Government of the lands in Political Union with the United States of Northern Mariana Islands pursuant to section America, which is contained in section 1 of Pub. L. 1803 of this title. 94–241, set out as a note under section 1801 of this title. (b) Additional years of assistance CODIFICATION Upon the expiration of the period of Federal fi- Section was formerly set out as a note under section nancial assistance which is provided to the Gov- 1681 of this title. ernment of the Northern Mariana Islands pursu- ant to section 1803 of this title, payments of di- § 1803. Financial assistance to Government of rect grant assistance shall continue at the an- Northern Mariana Islands nual level provided for the last fiscal year of the Pursuant to section 701 of the foregoing Cov- additional period of seven fiscal years except enant, enactment of this section shall con- that, for fiscal years 1996 through 1999, payments stitute a commitment and pledge of the full to the Commonwealth of the Northern Mariana faith and credit of the United States for the pay- Islands pursuant to the multi-year funding ment of $228 million at guaranteed annual agreements contemplated under the Covenant amounts of direct grant assistance for the Gov- shall be $11,000,000 annually and for fiscal year ernment of the Northern Mariana Islands for an 2000, payments to the Commonwealth of the additional period of seven fiscal years after the Northern Mariana Islands shall be $5,580,000, but expiration of the initial seven-year period speci- shall return to the level of $11,000,000 annually fied in section 702 of said Covenant, which as- for fiscal years 2001 and 2002. In fiscal year 2003, sistance shall be provided according to the the payment to the Commonwealth of the schedule of payments contained in the Agree- Northern Mariana Islands shall be $5,420,000. ment of the Special Representatives on Future Such payments shall be subject to an equal local United States Financial Assistance for the Gov- match and all other requirements set forth in ernment of the Northern Mariana Islands, exe- the Agreement of the Special Representatives cuted July 10, 1985, between the special rep- on Future Federal Financial Assistance of the resentative of the President of the United States Northern Mariana Islands, executed on Decem- and the special representatives of the Governor ber 17, 1992 between the special representative of of the Northern Mariana Islands. The islands of the President of the United States and special Rota and Tinian shall each receive no less than representatives of the Governor of the Northern § 1804 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 184

Mariana Islands with any additional amounts year limitation, as an emergency fund in the otherwise made available under this section in event of natural or other disasters to supple- any fiscal year and not required to meet the ment other assistance in the repair, replace- schedule of payments in this subsection to be ment, or hardening of essential facilities: Pro- provided as set forth in subsection (c) of this vided further, That the cumulative amount set section until Congress otherwise provides by aside for such emergency fund may not exceed law. $10,000,000 at any time.4 (4) for fiscal year 2000, $5,420,000 shall be pro- (c) Specific allocations for capital infrastructure vided to the Virgin Islands for correctional fa- projects cilities and other projects mandated by Fed- The additional amounts referred to in sub- eral law. section (b) of this section shall be made avail- (d) Resettlement of Rongelap Atoll able to the Secretary for obligation as follows: (1) for fiscal years 1996 through 2001, Within the amounts allocated for infrastruc- $4,580,000 annually for capital infrastructure ture pursuant to this section, and subject to the projects as Impact Aid for Guam under section specific allocations made in subsection (c) of 1904(e)(6) 1 of this title; this section, additional contributions may be (2) for fiscal year 1996, $7,700,000 shall be pro- made, as set forth in appropriations Acts, to as- vided for capital infrastructure projects in sist in the resettlement of Rongelap Atoll: Pro- American Samoa; $4,420,000 for resettlement of vided, That the total of all contributions from Rongelap Atoll; and 2 any Federal source after April 26, 1996, may not (3) for fiscal years 1997 and thereafter, all exceed $32,000,000 and shall be contingent upon such amounts shall be available solely for cap- an agreement, satisfactory to the President, ital infrastructure projects in Guam, the Vir- that such contributions are a full and final set- gin Islands, American Samoa, the Common- tlement of all obligations of the United States 5 wealth of the Northern Mariana Islands, the to assist in the resettlement of Rongelop Atoll Republic of Palau, the Federated States of Mi- and that such funds will be expended solely on cronesia and the Republic of the Marshall Is- resettlement activities and will be properly au- lands, except that $200,000 in fiscal year 2009 dited and accounted for. In order to provide such and $225,000 annually for fiscal years 2010 contributions in a timely manner, each Federal through 2018 are hereby rescinded; Provided, agency providing assistance or services, or con- That the amount rescinded shall be increased ducting activities, in the Republic of the Mar- by the same percentage as that of the annual shall Islands, is authorized to make funds avail- salary and benefit adjustments for Members of able through the Secretary of the Interior, to as- Congress 3 Provided, That, in fiscal year 1997, sist in the resettlement of Rongelap. Nothing in $3,000,000 of such amounts shall be made avail- this subsection shall be construed to limit the able to the College of the Northern Marianas provision of ex gratia assistance pursuant to and beginning in fiscal year 1997, and in each section 1905(c)(2) of this title including for indi- year thereafter, not to exceed $3,000,000 may be viduals choosing not to resettle at Rongelap, ex- allocated, as provided in appropriations Acts, cept that no such assistance for such individuals to the Secretary of the Interior for use by Fed- may be provided until the Secretary notifies the eral agencies or the Commonwealth of the Congress that the full amount of all funds nec- Northern Mariana Islands to address immigra- essary for resettlement at Rongelap has been tion, labor, and law enforcement issues in the provided. Northern Mariana Islands. The specific (Pub. L. 94–241, § 4, as added Pub. L. 99–396, § 10, projects to be funded in American Samoa shall Aug. 27, 1986, 100 Stat. 841; amended Pub. L. be set forth in a five-year plan for infrastruc- 104–134, title I, § 101(c) [title I, § 118], Apr. 26, 1996, ture assistance developed by the Secretary of 110 Stat. 1321–156, 1321–178; renumbered title I, the Interior in consultation with the Amer- Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; ican Samoa Government and updated annually Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. and submitted to the Congress concurrent 29, 1999, 113 Stat. 1535, 1501A–152; Pub. L. 110–229, with the budget justifications for the Depart- title VII, § 703, May 8, 2008, 122 Stat. 867.) ment of the Interior. In developing budget rec- REFERENCES IN TEXT ommendations for capital infrastructure fund- ing, the Secretary shall indicate the highest The Covenant, referred to in subsec. (a), is the Cov- enant to Establish a Commonwealth of the Northern priority projects, consider the extent to which Mariana Islands in Political Union with the United particular projects are part of an overall mas- States of America, which is contained in section 1 of ter plan, whether such project has been re- Pub. L. 94–241, set out as a note under section 1801 of viewed by the Corps of Engineers and any rec- this title. ommendations made as a result of such re- Section 1904(e)(6) of this title, referred to in subsec. view, the extent to which a set-aside for main- (c)(1), was in the original ‘‘section 104(c)(6) of Public tenance would enhance the life of the project, Law 99–239’’, which was translated as meaning section the degree to which a local cost-share require- 104(e)(6) of Pub. L. 99–239 to reflect the probable intent of Congress, because section 1904(c) does not contain ment would be consistent with local economic pars. and section 1904(e)(6) relates to impact aid. and fiscal capabilities, and may propose an in- cremental set-aside, not to exceed $2,000,000 CODIFICATION per year, to remain available without fiscal Section was formerly set out as a note under section 1681 of this title. 1 See References in Text note below. 2 So in original. The word ‘‘and’’ probably should not appear. 4 So in original. The period probably should be ‘‘; and’’. 3 So in original. Probably should be followed by a colon. 5 So in original. Probably should be ‘‘Rongelap’’. Page 185 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1806

April 26, 1996, referred to in subsec. (d), was in the CHANGE OF NAME original ‘‘enactment of this Act’’, which was translated Committee on Interior and Insular Affairs of House of as meaning the date of enactment of Pub. L. 104–134, Representatives changed to Committee on Natural Re- which added subsec. (d) of this section, to reflect the sources of House of Representatives by House Resolu- probable intent of Congress. tion No. 5, One Hundred Third Congress, Jan. 5, 1993. AMENDMENTS § 1806. Immigration and transition 2008—Subsec. (c)(3). Pub. L. 110–229 substituted ‘‘Mar- shall Islands, except that $200,000 in fiscal year 2009 and (a) Application of the Immigration and National- $225,000 annually for fiscal years 2010 through 2018 are ity Act and establishment of a transition pro- hereby rescinded; Provided, That the amount rescinded gram shall be increased by the same percentage as that of (1) In general the annual salary and benefit adjustments for Members of Congress’’ for ‘‘Marshall Islands:’’. Subject to paragraphs (2) and (3), effective 1999—Subsec. (b). Pub. L. 106–113 substituted ‘‘fiscal on the first day of the first full month com- years 1996 through 1999’’ for ‘‘fiscal years 1996 through mencing 1 year after May 8, 2008 (hereafter re- 2002’’ and ‘‘$11,000,000 annually and for fiscal year 2000, ferred to as the ‘‘transition program effective payments to the Commonwealth of the Northern Mari- date’’), the provisions of the ‘‘immigration ana Islands shall be $5,580,000, but shall return to the laws’’ (as defined in section 101(a)(17) of the level of $11,000,000 annually for fiscal years 2001 and Immigration and Nationality Act (8 U.S.C. 2002. In fiscal year 2003, the payment to the Common- wealth of the Northern Mariana Islands shall be 1101(a)(17))) shall apply to the Commonwealth $5,420,000. Such payments shall be’’ for ‘‘$11,000,000 an- of the Northern Mariana Islands (referred to in nually,’’. this section as the ‘‘Commonwealth’’), except Subsec. (c)(4). Pub. L. 106–113 added par. (4). as otherwise provided in this section. 1996—Subsec. (b). Pub. L. 104–134 substituted ‘‘except (2) Transition period that, for fiscal years 1996 through 2002, payments to the Commonwealth of the Northern Mariana Islands pursu- There shall be a transition period beginning ant to the multi-year funding agreements con- on the transition program effective date and templated under the Covenant shall be $11,000,000 annu- ending on December 31, 2019, during which the ally, subject to an equal local match and all other re- Secretary of Homeland Security, in consulta- quirements set forth in the Agreement of the Special tion with the Secretary of State, the Attorney Representatives on Future Federal Financial Assist- General, the Secretary of Labor, and the Sec- ance of the Northern Mariana Islands, executed on De- cember 17, 1992 between the special representative of retary of the Interior, shall establish, admin- the President of the United States and special rep- ister, and enforce a transition program to reg- resentatives of the Governor of the Northern Mariana ulate immigration to the Commonwealth, as Islands with any additional amounts otherwise made provided in this section (hereafter referred to available under this section in any fiscal year and not as the ‘‘transition program’’). required to meet the schedule of payments in this sub- (3) Delay of commencement of transition pe- section to be provided as set forth in subsection (c) of this section until Congress otherwise provides by law.’’ riod for ‘‘until Congress otherwise provides by law.’’ (A) In general Subsecs. (c), (d). Pub. L. 104–134 added subsecs. (c) and The Secretary of Homeland Security, in (d). the Secretary’s sole discretion, in consulta- § 1805. Failure to meet performance standards; tion with the Secretary of the Interior, the resolution of issues; withholding of funds Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of Should the Secretary of the Interior believe the Commonwealth, may determine that the that the performance standards of the agree- transition program effective date be delayed ment identified in section 1803 of this title are for a period not to exceed more than 180 days not being met, he shall notify the Government after such date. of the Northern Mariana Islands in writing with (B) Congressional notification the intent to resolve such issue in a mutually agreeable and expeditious manner and notify the The Secretary of Homeland Security shall Committee on Interior and Insular Affairs of the notify the Congress of a determination House of Representatives and the Committee on under subparagraph (A) not later than 30 Energy and Natural Resources of the Senate. days prior to the transition program effec- Should the issue not be resolved within thirty tive date. days after the notification is received by the (C) Congressional review Government of the Northern Mariana Islands, A delay of the transition program effective the Secretary of the Interior may request au- date shall not take effect until 30 days after thority from Congress to withhold payment of the date on which the notification under an appropriate amount of the operations funds subparagraph (B) is made. identified in the schedule of payments in para- (4) Requirement for regulations graph 2 of part II of the Agreement of the Spe- cial Representatives for a period of less than one The transition program shall be imple- year but no funds shall be withheld except by mented pursuant to regulations to be promul- Act of Congress. gated, as appropriate, by the head of each agency or department of the United States (Pub. L. 94–241, § 5, as added Pub. L. 99–396, § 10, having responsibilities under the transition Aug. 27, 1986, 100 Stat. 841.) program. CODIFICATION (5) Interagency agreements Section was formerly set out as a note under section The Secretary of Homeland Security, the 1681 of this title. Secretary of State, the Secretary of Labor, § 1806 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 186

and the Secretary of the Interior shall nego- (c) Nonimmigrant investor visas tiate and implement agreements among their (1) In general agencies to identify and assign their respec- Notwithstanding the treaty requirements in tive duties so as to ensure timely and proper section 101(a)(15)(E) of the Immigration and implementation of the provisions of this sec- Nationality Act (8 U.S.C. 1101(a)(15)(E)), dur- tion. The agreements should address, at a min- ing the transition period, the Secretary of imum, procedures to ensure that Common- Homeland Security may, upon the application wealth employers have access to adequate of an alien, classify an alien as a CNMI-only labor, and that tourists, students, retirees, nonimmigrant under section 101(a)(15)(E)(ii) of and other visitors have access to the Common- the Immigration and Nationality Act (8 U.S.C. wealth without unnecessary delay or impedi- 1101(a)(15)(E)(ii)) if the alien— ment. The agreements may also allocate fund- (A) has been admitted to the Common- ing between the respective agencies tasked wealth in long-term investor status under with various responsibilities under this sec- the immigration laws of the Commonwealth tion. before the transition program effective date; (6) Certain education funding (B) has continuously maintained residence in the Commonwealth under long-term in- In addition to fees charged pursuant to sec- vestor status; tion 286(m) of the Immigration and National- (C) is otherwise admissible; and ity Act (8 U.S.C. 1356(m)) to recover the full (D) maintains the investment or invest- costs of providing adjudication services, the ments that formed the basis for such long- Secretary of Homeland Security shall charge term investor status. an annual supplemental fee of $150 per non- immigrant worker to each prospective em- (2) Requirement for regulations ployer who is issued a permit under subsection Not later than 60 days before the transition (d) of this section during the transition period. program effective date, the Secretary of Such supplemental fee shall be paid into the Homeland Security shall publish regulations Treasury of the Commonwealth government in the Federal Register to implement this sub- for the purpose of funding ongoing vocational section. educational curricula and program develop- (d) Special provision to ensure adequate employ- ment by Commonwealth educational entities. ment; Commonwealth only transitional work- ers (7) Asylum An alien who is seeking to enter the Common- Section 208 of the Immigration and Nation- wealth as a nonimmigrant worker may be ad- ality Act (8 U.S.C. 1158) shall not apply during mitted to perform work during the transition the transition period to persons physically period subject to the following requirements: present in the Commonwealth or arriving in (1) Such an alien shall be treated as a non- the Commonwealth (whether or not at a des- immigrant described in section 101(a)(15) of ignated port of arrival), including persons the Immigration and Nationality Act (8 U.S.C. brought to the Commonwealth after having 1101(a)(15)), including the ability to apply, if been interdicted in international or United otherwise eligible, for a change of non- States waters. immigrant classification under section 248 of such Act (8 U.S.C. 1258) or adjustment of (b) Numerical limitations for nonimmigrant status under this section and section 245 of workers such Act (8 U.S.C. 1255). An alien, if otherwise qualified, may seek ad- (2) The Secretary of Homeland Security mission to Guam or to the Commonwealth dur- shall establish, administer, and enforce a sys- ing the transition program as a nonimmigrant tem for allocating and determining the num- worker under section 101(a)(15)(H) of the Immi- ber, terms, and conditions of permits to be is- gration and Nationality Act (8 U.S.C. sued to prospective employers for each such 1101(a)(15)(H)) without counting against the nu- nonimmigrant worker described in this sub- merical limitations set forth in section 214(g) of section who would not otherwise be eligible such Act (8 U.S.C. 1184(g)). This subsection does for admission under the Immigration and Na- not apply to any employment to be performed tionality Act (8 U.S.C. 1101 et seq.). In adopt- outside of Guam or the Commonwealth. Not ing and enforcing this system, the Secretary later than 3 years following the transition pro- shall also consider, in good faith and not later gram effective date, the Secretary of Homeland than 30 days after receipt by the Secretary, Security shall issue a report to the Committee any comments and advice submitted by the on Energy and Natural Resources and the Com- Governor of the Commonwealth. This system mittee on the Judiciary of the Senate and the shall provide for a reduction in the allocation Committee on Natural Resources and the Com- of permits for such workers on an annual basis mittee on the Judiciary of the House of Rep- to zero, during a period ‘‘ending on December resentatives projecting the number of asylum 31, 2019’’ 1. In no event shall a permit be valid claims the Secretary anticipates following the beyond the expiration of the transition period. termination of the transition period, the efforts This system may be based on any reasonable the Secretary has made to ensure appropriate method and criteria determined by the Sec- interdiction efforts, provide for appropriate retary of Homeland Security to promote the treatment of asylum seekers, and prepare to ac- cept and adjudicate asylum claims in the Com- 1 So in original. The quotation marks probably should not ap- monwealth. pear. Page 187 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1806

maximum use of, and to prevent adverse ef- pursuant to the immigration laws of the Com- fects on wages and working conditions of, monwealth on the transition program effec- workers authorized to be employed in the tive date shall be considered authorized by the United States, including lawfully admissible Secretary of Homeland Security to be em- freely associated state citizen labor. No alien ployed in the Commonwealth until the earlier shall be granted nonimmigrant classification of the date— or a visa under this subsection unless the per- (A) of expiration of the alien’s employ- mit requirements established under this para- ment authorization under the immigration graph have been met. laws of the Commonwealth; or (3) The Secretary of Homeland Security (B) that is 2 years after the transition pro- shall set the conditions for admission of such gram effective date. an alien under the transition program, and the (3) Registration Secretary of State shall authorize the issu- ance of nonimmigrant visas for such an alien. The Secretary of Homeland Security may re- Such a visa shall not be valid for admission to quire any alien present in the Commonwealth the United States, as defined in section on or after the transition period effective date 101(a)(38) of the Immigration and Nationality to register with the Secretary in such a man- Act (8 U.S.C. 1101(a)(38)), except admission to ner, and according to such schedule, as he may the Commonwealth. An alien admitted to the in his discretion require. Paragraphs (1) and Commonwealth on the basis of such a visa (2) of this subsection shall not apply to any shall be permitted to engage in employment alien who fails to comply with such registra- only as authorized pursuant to the transition tion requirement. Notwithstanding any other program. law, the Government of the Commonwealth (4) Such an alien shall be permitted to trans- shall provide to the Secretary all Common- fer between employers in the Commonwealth wealth immigration records or other informa- during the period of such alien’s authorized tion that the Secretary deems necessary to as- stay therein, without permission of the em- sist the implementation of this paragraph or ployee’s current or prior employer, within the other provisions of the Consolidated Natural alien’s occupational category or another occu- Resources Act of 2008. Nothing in this para- pational category the Secretary of Homeland graph shall modify or limit section 262 of the Security has found requires alien workers to Immigration and Nationality Act (8 U.S.C. supplement the resident workforce. 1302) or other provision of the Immigration (5) The Secretary of Homeland Security may and Nationality Act [8 U.S.C. 1101 et seq.] re- authorize the admission of a spouse or minor lating to the registration of aliens. child accompanying or following to join a (4) Removable aliens worker admitted pursuant to this subsection. Except as specifically provided in paragraph (e) Persons lawfully admitted under the Com- (1)(A) of this subsection, nothing in this sub- monwealth immigration law section shall prohibit or limit the removal of (1) Prohibition on removal any alien who is removable under the Immi- (A) In general gration and Nationality Act. Subject to subparagraph (B), no alien who (5) Prior orders of removal is lawfully present in the Commonwealth The Secretary of Homeland Security may pursuant to the immigration laws of the execute any administratively final order of ex- Commonwealth on the transition program clusion, deportation or removal issued under effective date shall be removed from the authority of the immigration laws of the United States on the grounds that such United States before, on, or after the transi- alien’s presence in the Commonwealth is in tion period effective date, or under authority violation of section 212(a)(6)(A) of the Immi- of the immigration laws of the Commonwealth gration and Nationality Act (8 U.S.C. 1182(a)(6)(A)), until the earlier of the date— before the transition period effective date, (i) of the completion of the period of the upon any subject of such order found in the alien’s admission under the immigration Commonwealth on or after the transition pe- laws of the Commonwealth; or riod effective date, regardless whether the (ii) that is 2 years after the transition alien has previously been removed from the program effective date. United States or the Commonwealth pursuant (B) Limitations to such order. Nothing in this subsection shall be con- (f) Effect on other laws strued to prevent or limit the removal under The provisions of this section and of the immi- subparagraph 212(a)(6)(A) of the Immigration gration laws, as defined in section 101(a)(17) of and Nationality Act (8 U.S.C. 1182(a)(6)(A)) the Immigration and Nationality Act (8 U.S.C. of such an alien at any time, if the alien en- 1101(a)(17)), shall, on the transition program ef- tered the Commonwealth after May 8, 2008, fective date, supersede and replace all laws, pro- and the Secretary of Homeland Security has visions, or programs of the Commonwealth re- determined that the Government of the lating to the admission of aliens and the re- Commonwealth has violated section 702(i) of moval of aliens from the Commonwealth. the Consolidated Natural Resources Act of (g) Accrual of time for purposes of section 2008. 212(a)(9)(B) of the Immigration and National- (2) Employment authorization ity Act An alien who is lawfully present and author- No time that an alien is present in the Com- ized to be employed in the Commonwealth monwealth in violation of the immigration laws § 1806 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 188 of the Commonwealth shall be counted for pur- ing section 1804 of this title and sections 1101, 1158, 1182, poses of inadmissibility under section 1184, and 1225 of Title 8, Immigration and Nationality, 212(a)(9)(B) of the Immigration and Nationality enacting provisions set out as notes under this section, section 1801 of this title, and section 1182 of Title 8, and Act (8 U.S.C. 1182(a)(9)(B)). amending provisions set out as notes under section 1801 (h) Report on nonresident guestworker popu- of this title], this subtitle and the amendments made lation by this subtitle shall take effect on the date of enact- ment of this Act [May 8, 2008]. The Secretary of the Interior, in consultation ‘‘(b) AMENDMENTS TO THE IMMIGRATION AND NATIONAL- with the Secretary of Homeland Security, and ITY ACT.—The amendments to the Immigration and Na- the Governor of the Commonwealth, shall report tionality Act [8 U.S.C. 1101 et seq.] made by this sub- to the Congress not later than 2 years after May title [amending sections 1101, 1158, 1182, 1184, and 1225 of 8, 2008. The report shall include— Title 8], and other provisions of this subtitle applying (1) the number of aliens residing in the Com- the immigration laws (as defined in section 101(a)(17) of monwealth; Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) to the Commonwealth, shall take effect on the transi- (2) a description of the legal status (under tion program effective date described in section 6 of Federal law) of such aliens; Public Law 94–241 [48 U.S.C. 1806] (as added by section (3) the number of years each alien has been 702(a)), unless specifically provided otherwise in this residing in the Commonwealth; subtitle. (4) the current and future requirements of ‘‘(c) CONSTRUCTION.—Nothing in this subtitle or the the Commonwealth economy for an alien amendments made by this subtitle shall be construed to make any residence or presence in the Common- workforce; and wealth before the transition program effective date de- (5) such recommendations to the Congress, scribed in section 6 of Public Law 94–241 [48 U.S.C. 1806] as the Secretary may deem appropriate, relat- (as added by section 702(a)) residence or presence in the ed to whether or not the Congress should con- United States, except that— sider permitting lawfully admitted guest ‘‘(1) for the purpose of determining whether an workers lawfully residing in the Common- alien lawfully admitted for permanent residence (as wealth on May 8, 2008, to apply for long-term defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))[)] has abandoned status under the immigration and nationality or lost such status by reason of absence from the laws of the United States. United States, such alien’s presence in the Common- (Pub. L. 94–241, § 6, as added Pub. L. 110–229, title wealth, before, on or after November 28, 2009, shall be considered to be presence in the United States; and VII, § 702(a), May 8, 2008, 122 Stat. 854; amended ‘‘(2) for the purpose of determining whether an Pub. L. 113–235, § 10, Dec. 16, 2014, 128 Stat. 2134.) alien whose application for status under subpara- graph (T) or (U) of section 101(a)(15) of the Immigra- REFERENCES IN TEXT tion and Nationality Act (8 U.S.C. 1101(a)(15)) was The Immigration and Nationality Act, referred to in granted is subsequently eligible for adjustment under subsecs. (a), (d)(2), and (e)(3), (4), is act June 27, 1952, ch. subsection (l) or (m) of section 245 of such Act (8 477, 66 Stat. 163, which is classified principally to chap- U.S.C. 1255), such alien’s physical presence in the ter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. Commonwealth before, on, or after November 28, 2009, For complete classification of this Act to the Code, see and subsequent to the grant of the application, shall Short Title note set out under section 1101 of Title 8 be considered as equivalent to presence in the United and Tables. States pursuant to a nonimmigrant admission in The Consolidated Natural Resources Act of 2008, re- such status.’’ ferred to in subsec. (e)(1)(B), (3), is Pub. L. 110–229, May CONGRESSIONAL INTENT 8, 2008, 122 Stat. 754. Section 702(i) of the Act is set out as a note under this section. For complete classifica- Pub. L. 110–229, title VII, § 701, May 8, 2008, 122 Stat. tion of this Act to the Code, see Short Title of 2008 853, provided that: Amendment note set out under section 1 of Title 16, ‘‘(a) IMMIGRATION AND GROWTH.—In recognition of the Conservation, and Tables. need to ensure uniform adherence to long-standing fun- damental immigration policies of the United States, it AMENDMENTS is the intention of the Congress in enacting this sub- 2014—Subsec. (a)(2). Pub. L. 113–235, § 10(1), substituted title [subtitle A (§§ 701–705) of title VII of Pub. L. ‘‘December 31, 2019’’ for ‘‘December 31, 2014, except as 110–229, see Effective Date note set out above]— ‘‘(1) to ensure that effective border control proce- provided in subsections (b) and (d)’’. dures are implemented and observed, and that na- Subsec. (d)(2). Pub. L. 113–235, § 10(2)(A), substituted tional security and homeland security issues are ‘‘ ‘ending on December 31, 2019’ ’’ for ‘‘not to extend be- properly addressed, by extending the immigration yond December 31, 2014, unless extended pursuant to laws (as defined in section 101(a)(17) of the Immigra- paragraph 5 of this subsection’’. tion and Nationality Act (8 U.S.C. 1101(a)(17)), to Subsec. (d)(5), (6). Pub. L. 113–235, § 10(2)(B), (C), redes- apply to the Commonwealth of the Northern Mariana ignated par. (6) as (5), and struck out former par. (5), Islands (referred to in this subtitle as the ‘Common- which related to ascertaining current and anticipated wealth’), with special provisions to allow for— labor needs of the Commonwealth, determination ‘‘(A) the orderly phasing-out of the nonresident whether an extension of up to 5 years of provisions of contract worker program of the Commonwealth; subsection is necessary, publication of notice of such and extension, and factors in determining whether alien ‘‘(B) the orderly phasing-in of Federal responsibil- workers are necessary to ensure adequate number of ities over immigration in the Commonwealth; and workers. ‘‘(2) to minimize, to the greatest extent practicable, potential adverse economic and fiscal effects of phas- EFFECTIVE DATE ing-out the Commonwealth’s nonresident contract Pub. L. 110–229, title VII, § 705, May 8, 2008, 122 Stat. worker program and to maximize the Common- 867, as amended by Pub. L. 113–4, title VIII, § 809, Mar. wealth’s potential for future economic and business 7, 2013, 127 Stat. 117, provided that: growth by— ‘‘(a) IN GENERAL.—Except as specifically provided in ‘‘(A) encouraging diversification and growth of this section or otherwise in this subtitle [subtitle A the economy of the Commonwealth in accordance (§§ 701–705) of title VII of Pub. L. 110–229, enacting this with fundamental values underlying Federal immi- section and sections 1807 and 1808 of this title, amend- gration policy; Page 189 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1807

‘‘(B) recognizing local self-government, as pro- for internal review, provided that nothing in this para- vided for in the Covenant To Establish a Common- graph shall be construed to require the President to wealth of the Northern Mariana Islands in Political provide any legislative recommendation to the Con- Union With the United States of America through gress.’’ consultation with the Governor of the Common- REQUIRED ACTIONS PRIOR TO TRANSITION PROGRAM wealth; ‘‘(C) assisting the Commonwealth in achieving a EFFECTIVE DATE progressively higher standard of living for citizens Pub. L. 110–229, title VII, § 702(i), May 8, 2008, 122 Stat. of the Commonwealth through the provision of 866, provided that: technical and other assistance; ‘‘During the period beginning on the date of enact- ‘‘(D) providing opportunities for individuals au- ment of this Act [May 8, 2008] and ending on the transi- thorized to work in the United States, including tion program effective date described in section 6 of citizens of the freely associated states; and Public Law 94–241 [48 U.S.C. 1806] (as added by sub- ‘‘(E) providing a mechanism for the continued use section (a)), the Government of the Commonwealth of alien workers, to the extent those workers con- shall— tinue to be necessary to supplement the Common- ‘‘(1) not permit an increase in the total number of wealth’s resident workforce, and to protect those alien workers who are present in the Commonwealth workers from the potential for abuse and exploi- as of the date of enactment of this Act [May 8, 2008]; tation. and ‘‘(b) AVOIDING ADVERSE EFFECTS.—In recognition of ‘‘(2) administer its nonrefoulement protection pro- the Commonwealth’s unique economic circumstances, gram— history, and geographical location, it is the intent of ‘‘(A) according to the terms and procedures set the Congress that the Commonwealth be given as much forth in the Memorandum of Agreement entered flexibility as possible in maintaining existing busi- into between the Commonwealth of the Northern nesses and other revenue sources, and developing new Mariana Islands and the United States Department economic opportunities, consistent with the mandates of Interior, Office of Insular Affairs, executed on of this subtitle. This subtitle, and the amendments September 12, 2003 (which terms and procedures, in- made by this subtitle, should be implemented wherever cluding but not limited to funding by the Secretary possible to expand tourism and economic development of the Interior and performance by the Secretary of in the Commonwealth, including aiding prospective Homeland Security of the duties of ‘Protection tourists in gaining access to the Commonwealth’s me- Consultant’ to the Commonwealth, shall have effect morials, beaches, parks, dive sites, and other points of on and after the date of enactment of this Act [May interest.’’ 8, 2008]), as well as CNMI Public Law 13–61 and the Immigration Regulations Establishing a Procedural REPORTS Mechanism for Persons Requesting Protection from Pub. L. 110–229, title VII, § 702(h)(1), (2), May 8, 2008, Refoulement; and 122 Stat. 864, provided that: ‘‘(B) so as not to remove or otherwise effect the ‘‘(1) IN GENERAL.—Not later than March 1 of the first involuntary return of any alien whom the Protec- year that is at least 2 full years after the date of enact- tion Consultant has determined to be eligible for ment of this subtitle [May 8, 2008], and annually there- protection from persecution or torture.’’ after, the President shall submit to the Committee on Energy and Natural Resources and the Committee on § 1807. Technical assistance program the Judiciary of the Senate and the Committee on Nat- (1) In general ural Resources and the Committee on the Judiciary of the House of Representatives a report that evaluates The Secretary of the Interior, in consultation the overall effect of the transition program established with the Governor of the Commonwealth, the under section 6 [48 U.S.C. 1806] of the Joint Resolution Secretary of Labor, and the Secretary of Com- entitled ‘A Joint Resolution to approve the ‘‘Covenant merce, and as provided in the Interagency To Establish a Commonwealth of the Northern Mariana Agreements required to be negotiated under sec- Islands in Political Union with the United States of tion 1806(a)(4) of this title, as added by sub- America’’, and for other purposes’, approved March 24, section (a),1 shall provide— 1976 (Public Law 94–241), as added by subsection (a), and (A) technical assistance and other support to the Immigration and Nationality Act (8 U.S.C. 1101 et the Commonwealth to identify opportunities seq.) on the Commonwealth. ‘‘(2) CONTENTS.—In addition to other topics otherwise for, and encourage diversification and growth required to be included under this subtitle [subtitle A of, the economy of the Commonwealth; (§§ 701–705) of title VII of Pub. L. 110–229, see Effective (B) technical assistance, including assist- Date note set out above] or the amendments made by ance in recruiting, training, and hiring of this subtitle, each report submitted under paragraph (1) workers, to assist employers in the Common- shall include a description of the efforts that have been wealth in securing employees first from undertaken during the period covered by the report to among United States citizens and nationals diversify and strengthen the local economy of the Com- resident in the Commonwealth and if an ade- monwealth, including efforts to promote the Common- wealth as a tourist destination. The report by the quate number of such workers are not avail- President shall include an estimate for the numbers of able, from among legal permanent residents, nonimmigrant workers described under section including lawfully admissible citizens of the 101(a)(15)(H) of the Immigration and Nationality Act (8 freely associated states; and U.S.C. 1101(a)(15)(H)) necessary to avoid adverse eco- (C) technical assistance, including assist- nomic effects in Guam and the Commonwealth.’’ ance to identify types of jobs needed, identify Pub. L. 110–229, title VII, § 702(h)(4), May 8, 2008, 122 skills needed to fulfill such jobs, and assist- Stat. 865, provided that: ance to Commonwealth educational entities to ‘‘(4) REPORTS BY THE LOCAL GOVERNMENT.—The Gov- ernor of the Commonwealth may submit an annual re- develop curricula for such job skills to include port to the President on the implementation of this training teachers and students for such skills. subtitle [subtitle A (§§ 701–705) of title VII of Pub. L. (2) Consultation 110–229, see Effective Date note set out above], and the In providing such technical assistance under amendments made by this subtitle, with recommenda- tions for future changes. The President shall forward paragraph (1), the Secretaries shall— the Governor’s report to the Congress with any Admin- istration comment after an appropriate period of time 1 See References in Text note below. § 1808 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 190

(A) consult with the Government of the SUBCHAPTER II—JUDICIAL MATTERS Commonwealth, local businesses, regional banks, educational institutions, and other ex- § 1821. District Court for the Northern Mariana perts in the economy of the Commonwealth; Islands and (a) Establishment; judicial circuit; terms of court (B) assist in the development and implemen- There is established for and within the North- tation of a process to identify opportunities ern Mariana Islands a court of record to be for and encourage diversification and growth known as the District Court for the Northern of the economy of the Commonwealth and to Mariana Islands. The Northern Mariana Islands identify and encourage opportunities to meet shall constitute a part of the same judicial cir- the labor needs of the Commonwealth. cuit of the United States as Guam. Terms of (3) Cost-sharing court shall be held on Saipan and at such other For the provision of technical assistance or places and at such times as the court may des- support under this paragraph (other than that ignate by rule or order. required to pay the salaries and expenses of Fed- (b) Appointment, tenure, removal, compensation, eral personnel), the Secretary of the Interior etc., of District Court judge; appointment of shall require a non-Federal matching contribu- United States attorney and United States tion of 10 percent. marshal (Pub. L. 110–229, title VII, § 702(e), May 8, 2008, (1) The President shall, by and with the advice 122 Stat. 863.) and consent of the Senate, appoint a judge for REFERENCES IN TEXT the District Court for the Northern Mariana Is- lands who shall hold office for the term of ten Section 1806(a)(4) of this title, as added by subsection years and until his successor is chosen and (a), referred to in par. (1), probably means section 1806(a)(5) of this title, as added by subsection (a) of sec- qualified, unless sooner removed by the Presi- tion 702 of Pub. L. 110–229. dent for cause. The judge shall receive a salary payable by the United States which shall be at CODIFICATION the rate prescribed for judges of the United Section was enacted as part of the Consolidated Nat- States district courts. ural Resources Act of 2008, and not as part of Pub. L. (2) The Chief Judge of the Ninth Judicial Cir- 94–241 which comprises this subchapter. cuit of the United States may assign justices of § 1808. Operations the High Court of the Trust Territory of the Pa- cific Islands or judges of courts of record of the (1) Establishment Northern Mariana Islands who are licensed at- At any time on and after May 8, 2008, the At- torneys in good standing or a circuit or district torney General, Secretary of Homeland Secu- judge of the ninth circuit, including a judge of rity, and the Secretary of Labor may establish the District Court of Guam who is appointed by and maintain offices and other operations in the the President or a recalled senior judge of the Commonwealth for the purpose of carrying out District Court of Guam or of the District Court duties under— of the Northern Mariana Islands, or the Chief (A) the Immigration and Nationality Act (8 Justice of the United States may assign any U.S.C. 1101 et seq.); and other United States circuit or district judge (B) the transition program established under with the consent of the judge so assigned and of section 1806 of this title, as added by sub- the chief judge of his circuit to serve tempo- section (a). rarily as a judge in the District Court for the (2) Personnel Northern Mariana Islands whenever such an as- To the maximum extent practicable and con- signment is necessary for the proper dispatch of sistent with the satisfactory performance of as- the business of the court. Such judges shall have signed duties under applicable law, the Attorney all the powers of a judge of the District Court General, Secretary of Homeland Security, and for the Northern Mariana Islands, including the the Secretary of Labor shall recruit and hire power to appoint any person to a statutory posi- personnel from among qualified United States tion, or to designate a depository of funds or a citizens and national applicants residing in the newspaper for publication of legal notices. Commonwealth to serve as staff in carrying out (3) The President shall appoint, by and with operations described in paragraph (1). the advice and consent of the Senate, a United (Pub. L. 110–229, title VII, § 702(f), May 8, 2008, 122 States attorney and United States marshal for Stat. 863.) the Northern Mariana Islands to whose offices the provisions of chapters 35 and 37 of title 28, REFERENCES IN TEXT respectively, shall apply. The Immigration and Nationality Act, referred to in (4) If the President appoints a judge for the par. (1)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, District Court for the Northern Mariana Islands which is classified principally to chapter 12 (§ 1101 et or a United States attorney or a United States seq.) of Title 8, Aliens and Nationality. For complete marshal for the Northern Mariana Islands who classification of this Act to the Code, see Short Title at that time is serving in the same capacity in note set out under section 1101 of Title 8 and Tables. Section 1806 of this title, as added by subsection (a), another district, the appointment shall, without referred to in par. (1)(B), is section 1806 of this title, as prejudice to a subsequent appointment, be for added by subsection (a) of section 702 of Pub. L. 110–229. the unexpired term of such judge or officer.

CODIFICATION (c) Applicability of Federal rules and statutory requirements Section was enacted as part of the Consolidated Nat- ural Resources Act of 2008, and not as part of Pub. L. Where appropriate, and except as otherwise 94–241 which comprises this subchapter. provided in articles IV and V of the Covenant Page 191 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1823 approved by the Act of March 24, 1976 (90 Stat. EFFECTIVE DATE 263), the provisions of part II of title 18 and of For effective date of this section, see section 1825 of titles 1 28, the rules of practice and procedure this title and Effective Date of Constitution note there- heretofore or hereafter promulgated and made under. effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS and 28 shall apply to the District Court for the Northern Mariana Islands and appeals there- For termination of Trust Territory of the Pacific Is- from; except that the terms ‘‘Attorney for the lands, see note set out preceding section 1681 of this government’’ and ‘‘United States attorney’’, as title. used in the Federal Rules of Criminal Procedure, EXTENSION OF TERM OF DISTRICT JUDGES shall, when applicable to cases arising under the Extension of term of district court judges to ten laws of the Northern Mariana Islands, include years applicable to judges holding office on Oct. 5, 1984, the Attorney General of the Northern Mariana see section 1004 of Pub. L. 98–454, set out as a note Islands or such other person or persons as may under section 1424b of this title. be authorized by the laws of the Northern Mari- ana Islands to act therein. § 1822. Jurisdiction of District Court; original ju- risdiction; procedural requirements (Pub. L. 95–157, § 1, Nov. 8, 1977, 91 Stat. 1265; Pub. L. 98–454, title IX, § 901, Oct. 5, 1984, 98 Stat. (a) The District Court for the Northern Mari- 1744.) ana Islands shall have the jurisdiction of a Dis- trict Court of the United States, including, but REFERENCES IN TEXT not limited to, the diversity jurisdiction pro- The Covenant, referred to in subsec. (c), is the Cov- vided for in section 1332 of title 28 and that of a enant to Establish a Commonwealth of the Northern bankruptcy court of the United States. Mariana Islands in Political Union with the United (b) The district court shall have original juris- States of America, which is contained in section 1 of diction in all causes in the Northern Mariana Is- Pub. L. 94–241, set out as a note under section 1801 of lands not described in subsection (a) of this sec- this title. tion jurisdiction over which is not vested by the Act of March 24, 1976, referred to in subsec. (c), is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, as amended, Constitution or laws of the Northern Mariana Is- which is classified generally to subchapter I (§ 1801 et lands in a court or courts of the Northern Mari- seq.) of this chapter. For complete classification of this ana Islands. In causes brought in the district Act to the Code, see Tables. court solely on the basis of this subsection, the The Federal Rules of Criminal Procedure, referred to district court shall be considered a court of the in subsec. (c), are set out in the Appendix to Title 18, Northern Mariana Islands for the purposes of de- Crimes and Criminal Procedure. termining the requirements of indictment by grand jury or trial by jury. CODIFICATION Section was formerly classified to section 1694 of this (Pub. L. 95–157, § 2, Nov. 8, 1977, 91 Stat. 1266; title. Pub. L. 98–454, title IX, § 902, Oct. 5, 1984, 98 Stat. 1744.) AMENDMENTS CODIFICATION 1984—Subsec. (b)(1). Pub. L. 98–454, § 901(a), sub- stituted ‘‘for a term of ten years’’ for ‘‘for a term of Section was formerly classified to section 1694a of eight years’’. this title. Subsec. (b)(2). Pub. L. 98–454, § 901(b), inserted ‘‘or a AMENDMENTS recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands’’ 1984—Subsec. (a). Pub. L. 98–454 amended subsec. (a) after ‘‘President’’ in first sentence. generally, substituting ‘‘, including, but not limited to, Subsec. (c). Pub. L. 98–454, § 901(c), amended subsec. the diversity jurisdiction provided for in section 1332 of (c) generally. Prior to amendment, subsec. (c) read as title 28 and that of a bankruptcy court of the United follows: ‘‘The provisions of chapters 43 and 49 of title States’’ for ‘‘, except that in all causes arising under 28, and the rules heretofore or hereafter promulgated the Constitution, treaties, or laws of the United States, and made effective by the Congress or the Supreme it shall have jurisdiction regardless of the sum or value Court of the United States pursuant to titles 11, 18, and of the matter in controversy’’. 28 shall apply to the District Court for the Northern Mariana Islands and appeals therefrom where appro- EFFECTIVE DATE OF 1984 AMENDMENT priate, except as otherwise provided in articles IV and Amendment by Pub. L. 98–454 effective on ninetieth V of the covenant provided by the Act of March 24, 1976 day following Oct. 5, 1984, see section 1005 of Pub. L. (90 Stat. 263). The terms ‘attorney for the government’ 98–454, set out as a note under section 1424 of this title. and ‘United States attorney’ as used in the Federal Rules of Criminal Procedure (rule 54(c)) shall, when ap- EFFECTIVE DATE plicable to cases arising under the laws of the Northern For effective date of this section, see section 1825 of Mariana Islands, include the attorney general of the this title and Effective Date of Constitution note there- Northern Mariana Islands or any other person or per- under. sons as may be authorized by the laws of the Northern Marianas to act therein.’’ § 1823. Appellate jurisdiction of District Court; procedure; review by United States Court of EFFECTIVE DATE OF 1984 AMENDMENT Appeals for Ninth Circuit; rules Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. (a) Appellate jurisdiction of District Court 98–454, set out as a note under section 1424 of this title. Prior to the establishment of an appellate court for the Northern Mariana Islands the dis- 1 So in original. trict court shall have such appellate jurisdiction § 1824 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 192 over the courts established by the Constitution AMENDMENTS or laws of the Northern Mariana Islands as the 1984—Pub. L. 98–454 designated existing provisions as Constitution and laws of the Northern Mariana subsec. (a), substituted provisions governing the appel- Islands provide, except that such Constitution late jurisdiction of the District Court prior to the es- and laws may not preclude the review of any tablishment of the appellate court for former provi- judgment or order which involves the Constitu- sions which related to the appellate jurisdiction of the tion, treaties, or laws of the United States, in- court and certain procedural matters which are covered cluding the Covenant to Establish a Common- under subsec. (b), and added subsecs. (b) and (c). wealth of the Northern Mariana Islands in Polit- EFFECTIVE DATE OF 1984 AMENDMENT ical Union with the United States of America (90 Stat. 263) (hereinafter referred to as ‘‘Cov- Amendment by Pub. L. 98–454 effective on ninetieth enant’’), or any authority exercised thereunder day following Oct. 5, 1984, see section 1005 of Pub. L. by an officer or agency of the Government of the 98–454, set out as a note under section 1424 of this title. United States, or the conformity of any law en- EFFECTIVE DATE acted by the legislature of the Northern Mari- ana Islands or of any orders or regulations is- For effective date of this section, see section 1825 of sued or actions taken by the executive branch of this title and Effective Date of Constitution note there- the government of the Northern Mariana Islands under. with the Constitution, treaties, or laws of the § 1824. Relations between courts of United States United States, including the Covenant or with and courts of Northern Mariana Islands; ap- any authority exercised thereunder by an officer or agency of the United States. plicability of statutory provisions (b) Appellate division of District Court; quorum; (a) The relations between the courts estab- presiding judge; designation of judges; deci- lished by the Constitution or laws of the United sions States and the courts of the Northern Mariana Appeals to the district court shall be heard Islands with respect to appeals, certiorari, re- and determined by an appellate division of the moval of causes, the issuance of writs of habeas court consisting of three judges, of whom two corpus, and other matters or proceedings shall shall constitute a quorum. The judge appointed be governed by the laws of the United States for the court by the President shall be the pre- pertaining to the relations between the courts of siding judge of the appellate division and shall the United States including the Supreme Court preside therein unless disqualified or otherwise of the United States, and the courts of the sev- unable to act. The other judges who are to sit in eral States in such matters and proceedings, ex- the appellate division at any session shall be cept as otherwise provided in article IV of the designated by the presiding judge from among covenant: Provided, That for the first fifteen the judges assigned to the court from time to years following the establishment of an appel- time pursuant to section 1821(b)(2) of this title: late court of the Northern Mariana Islands the Provided, That no more than one of them may be United States court of appeals for the judicial a judge of a court of record of the Northern Mar- circuit which includes the Northern Mariana Is- iana Islands. The concurrence of two judges lands shall have jurisdiction of appeals from all shall be necessary to any decision by the appel- final decisions of the highest court of the North- late division of the district court on the merits ern Mariana Islands from which a decision could of an appeal but the presiding judge alone may be had in all cases involving the Constitution, make any appropriate orders with respect to an treaties, or laws of the United States, or any au- appeal prior to the hearing and determination thority exercised thereunder, unless those cases thereof on the merits and may dismiss an appeal are reviewable in the District Court for the for want of jurisdiction or failure to take or Northern Mariana Islands pursuant to section prosecute it in accordance with the applicable 1823 of this title. law or rules of procedure. (b) Those portions of title 28 which apply to (c) United States Court of Appeals for Ninth Cir- Guam or the District Court of Guam shall be ap- cuit; jurisdiction; appeals; rules plicable to the Northern Mariana Islands or the The United States Court of Appeals for the District Court for the Northern Mariana Islands, Ninth Circuit shall have jurisdiction of appeals respectively, except as otherwise provided in ar- from all final decisions of the appellate division ticle IV of the covenant. The district court es- of the district court. The United States Court of tablished by this subchapter shall be a district Appeals for the Ninth Circuit shall have juris- court as that term is used in section 3006A of diction to promulgate rules necessary to carry title 18. out the provisions of this subsection. (Pub. L. 95–157, § 4, Nov. 8, 1977, 91 Stat. 1266; (Pub. L. 95–157, § 3, Nov. 8, 1977, 91 Stat. 1266; Pub. L. 98–454, title IX, § 904, Oct. 5, 1984, 98 Stat. Pub. L. 98–454, title IX, § 903, Oct. 5, 1984, 98 Stat. 1745.) 1744.) REFERENCES IN TEXT REFERENCES IN TEXT The covenant, referred to in text, is the Covenant to The Covenant to Establish a Commonwealth of the Establish a Commonwealth of the Northern Mariana Is- Northern Mariana Islands in Political Union with the lands in Political Union with the United States of United States of America, referred to in subsec. (a), is America, which is contained in section 1 of Pub. L. contained in section 1 of Pub. L. 94–241, set out as a 94–241, set out as a note under section 1801 of this title. note under section 1801 of this title.

CODIFICATION CODIFICATION Section was formerly classified to section 1694b of Section was formerly classified to section 1694c of this title. this title. Page 193 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1841

AMENDMENTS et seq.], may utilize, to the extent practicable, 1984—Subsec. (a). Pub. L. 98–454 inserted ‘‘including the available services and facilities of agencies the Supreme Court of the United States,’’ after ‘‘courts and instrumentalities of the Federal Govern- of the United States’’ in first sentence. ment on a reimbursable basis. Such amounts may be credited to the appropriation or fund EFFECTIVE DATE OF 1984 AMENDMENT which provided the services and facilities. Agen- Amendment by Pub. L. 98–454 effective on ninetieth cies and instrumentalities of the Federal Gov- day following Oct. 5, 1984, see section 1005 of Pub. L. ernment may, when practicable, make available 98–454, set out as a note under section 1424 of this title. to the government of the Northern Marianas, EFFECTIVE DATE upon request of the Secretary, such services and facilities as they are equipped to render or fur- For effective date of this section, see section 1825 of nish, and they may do so without reimburse- this title and Effective Date of Constitution note there- ment if otherwise authorized by law. under. (2) Any funds made available to the Northern § 1825. Effective date Mariana Islands under grant-in-aid programs by section 502 of the Covenant To Establish a Com- This subchapter shall come into force upon its monwealth of the Northern Mariana Islands in approval or at the time proclaimed by the Presi- Political Union With the United States of Amer- dent for the Constitution of the Northern Mari- ica (Public Law 94–241), or pursuant to any other ana Islands to become effective, whichever is the Act of Congress enacted after March 24, 1976, are later date. hereby authorized to remain available until ex- (Pub. L. 95–157, § 5, Nov. 8, 1977, 91 Stat. 1267.) pended. (3) Any amount authorized by the Covenant CODIFICATION described in paragraph (2) or by any other Act of Section was formerly classified to section 1694d of Congress enacted after March 24, 1976, which au- this title. thorizes appropriations for the Northern Mari- ana Islands, but not appropriated for a fiscal EFFECTIVE DATE OF CONSTITUTION year is authorized to be available for appropria- For provisions of proclamation of President relating tion in succeeding fiscal years. to effective date for Constitution of Northern Mariana (c) Supplemental nutrition assistance program Islands, see Proc. No. 4534, Oct. 24, 1977, 42 F.R. 56593, benefits and distribution of donated foods set out as a note under section 1801 of this title. Notwithstanding the provisions of the Food § 1826. Authorization of appropriations and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], the Secretary of Agriculture is authorized, upon There is authorized to be appropriated such the request of the Governor of the Northern sums as may be necessary to carry out the pur- Mariana Islands, acting pursuant to legislation poses of this subchapter. enacted in accordance with section 5 and 7 of ar- (Pub. L. 95–157, § 6, Nov. 8, 1977, 91 Stat. 1267.) ticle II of the Constitution of the Northern Mar- iana Islands, and for the period during which CODIFICATION such legislation is effective, (1) to implement a Section was formerly classified to section 1694e of supplemental nutrition assistance program in this title. part or all of the Northern Mariana Islands with such income and household standards of eligi- EFFECTIVE DATE bility, deductions, and allotment values as the For effective date of this section, see section 1825 of Secretary determines, after consultation with this title and Effective Date of Constitution note there- the Governor, to be suited to the economic and under. social circumstances of such islands: Provided, SUBCHAPTER III—MISCELLANEOUS That in no event shall such income standards of eligibility exceed those in the forty-eight con- § 1841. Funds and services tiguous States, and (2) to distribute or permit a distribution of federally donated foods in any (a) Acquisition and construction of powerplant part of the Northern Mariana Islands for which and distribution facilities the Governor has not requested that the supple- There is hereby authorized to be appropriated mental nutrition assistance program be imple- for expenditure after October 1, 1978, not more mented. This authority shall remain in effect than $12,000,000 plus or minus such amounts, if through September 30, 1981, and shall not apply any, as may be justified by reason of ordinary to section 1421q–1 or 1574–1 1 of this title. fluctuations in construction costs from October (d) Administration and enforcement of revenue 1978 price levels as indicated by engineering cost and taxation provisions of Covenant indexes applicable to the types of construction (1) The Secretary of the Treasury is authorized involved, to assist in the acquisition and con- and directed, upon the request of the Governor struction of a powerplant for the Northern Mari- of the Northern Mariana Islands, acting pursu- ana Islands together with upgrading, rehabilita- ant to legislation enacted in accordance with tion, or replacement of distribution facilities. sections 5 and 7 of article II of the Constitution (b) Services and facilities of Federal agencies; of the Northern Mariana Islands, or upon receipt grants-in-aid; availability of appropriations of a resolution adopted by both houses of the in succeeding fiscal years legislature of the Northern Mariana Islands ac- (1) The government of the Northern Marianas companied by a letter of request from either the in carrying out the purposes of this Act, Public Law 95–134, or Public Law 94–241 [48 U.S.C. 1801 1 See References in Text note below. § 1841 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 194

Governor or the Lieutenant Governor of the 1098; Pub. L. 110–246, § 4(a), title IV, Northern Mariana Islands, without reimburse- § 4002(b)(1)(A), (B), (2)(HH), June 18, 2008, 122 ment or other cost to the government of the Stat. 1664, 1857, 1859.) Northern Mariana Islands, to administer and en- REFERENCES IN TEXT force the provisions of section 601, 603, or 604 of the Covenant To Establish a Commonwealth of This Act, referred to in subsec. (b)(1), is Pub. L. 95–348, Aug. 18, 1978, 92 Stat. 487. For complete classi- the Northern Mariana Islands in Political Union fication of this Act to the Code, see Tables. With the United States of America (Public Law Public Law 95–134, referred to in subsec. (b)(1), is Pub. 94–241; 90 Stat. 263, 269) and in order to admin- L. 95–134, Oct. 15, 1977, 91 Stat. 1159, as amended, popu- ister and enforce the collection of any payroll larly known as the Omnibus Territories Act of 1977. For tax or other tax measured by income which may complete classification of this Act to the Code, see be in force in the Northern Mariana Islands pur- Tables. Public Law 94–241, referred to in subsecs. (b)(1), (2) suant to section 602 of such Covenant. This au- and (d)(1), (2), is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. thority shall continue until such time as the 263, as amended, which is classified generally to sub- Governor of the Northern Mariana Islands, act- chapter I (§ 1801 et seq.) of this chapter. For complete ing pursuant to legislation enacted in accord- classification of this Act to the Code, see Tables. ance with sections 5 and 7 of article II of the The Covenant To Establish a Commonwealth of the Constitution of the Northern Mariana Islands, Northern Mariana Islands in Political Union With the requests the Secretary of the Treasury to dis- United States of America, referred to in subsecs. (b)(2), (3) and (d), is contained in section 1 of Pub. L. 94–241, continue the administration and enforcement of set out as a note under section 1801 of this title. such taxes. The administration and enforcement The Food and Nutrition Act of 2008, referred to in of such taxes by the government of the Northern subsec. (c), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, Mariana Islands shall begin on January 1 of the which is classified generally to chapter 51 (§ 2011 et seq.) year following the year in which such Northern of Title 7, Agriculture. For complete classification of Mariana Islands law is enacted. this Act to the Code, see Short Title note set out under (2) For purposes of carrying out any adminis- section 2011 of Title 7 and Tables. Section 1421q–1 or 1574–1 of this title, referred to in tration and enforcement required by this sub- subsec. (c), was in the original ‘‘section 403 of Public section, the Secretary of the Treasury (herein- Law 95–135’’, and was translated as reading ‘‘section 403 after in this subsection referred to as the ‘‘Sec- of Public Law 95–134’’, to reflect the probable intent of retary’’), or his delegate, at no cost to the Congress, because Public Law 95–135 does not contain a Northern Marianas government, may (A) employ section 403. citizens of the Northern Mariana Islands (as de- CODIFICATION fined by Article III of the Covenant to Establish a Commonwealth of the Northern Mariana Is- Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. lands in Political Union with the United States L. 110–234 were repealed by section 4(a) of Pub. L. (approved, Public Law 94–241; 90 Stat. 265), or (B) 110–246. use the services of employees of the government Subsecs. (b)(2), (3), (c), and (d) of this section were of the Northern Mariana Islands, upon agree- formerly set out as notes under section 1681 of this ment to pay such government for the use of such title. services. In addition, the Secretary, or his dele- March 12, 1980, referred to in subsec. (d)(2), was in the gate, shall make every effort to assure that citi- original ‘‘the date of enactment’’, and was translated as meaning the date of enactment of Pub. L. 96–205, zens of the Northern Mariana Islands (as so de- which enacted pars. (2) and (3) of subsec. (d) of this sec- fined) are trained to ultimately assume the ad- tion, to reflect the probable intent of Congress. ministration and enforcement duties required of the Secretary or his delegate under this section. AMENDMENTS Notwithstanding any other provision of law, the 2008—Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(A), (B), Secretary or his delegate is authorized to the (2)(HH), substituted ‘‘Food and Nutrition Act of 2008’’ maximum extent feasible in administering and for ‘‘Food Stamp Act of 1977’’ and substituted ‘‘supple- mental nutrition assistance program’’ for ‘‘food stamp enforcing the requested sections of the Cov- program’’ in two places. enant, to employ and train Northern Mariana Is- 1980—Subsec. (d). Pub. L. 96–205 designated existing lands’ citizens without regard to United States provisions as par. (1), inserted ‘‘or upon receipt of a res- Civil Service hiring or job classification laws or olution adopted by both houses of the legislature of the any employment ceilings imposed upon the Sec- Northern Mariana Islands accompanied by a letter of retary. The preceding sentence shall not exempt request from either the Governor or the Lieutenant such Northern Mariana Islands’ citizens so hired Governor of the Northern Mariana Islands,’’ after from any other laws affecting Federal or Inter- ‘‘Constitution of the Northern Mariana Islands,’’ the first place appearing, and added pars. (2) and (3). nal Revenue Service employees and shall remain in effect until the end of the third full fiscal EFFECTIVE DATE OF 2008 AMENDMENT year following March 12, 1980. Amendment of this section and repeal of Pub. L. (3) As part of the administration of taxes re- 110–234 by Pub. L. 110–246 effective May 22, 2008, the quired by this subsection, the Secretary or his date of enactment of Pub. L. 110–234, except as other- delegate shall establish, at no cost to the North- wise provided, see section 4 of Pub. L. 110–246, set out ern Marianas government, a taxpayers informa- as an Effective Date note under section 8701 of Title 7, Agriculture. tion service to provide such information and as- Amendment by section 4002(b)(1)(A), (B), (2)(HH) of sistance to citizens of the Northern Mariana Is- Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of lands (as so defined) as may be necessary for the Pub. L. 110–246, set out as a note under section 1161 of filing of returns and the payment of such taxes. Title 2, The Congress. (Pub. L. 95–348, § 3, Aug. 18, 1978, 92 Stat. 489; COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pub. L. 96–205, title II, § 204(a), Mar. 12, 1980, 94 PILOT PROGRAM Stat. 86; Pub. L. 110–234, title IV, § 4002(b)(1)(A), Pub. L. 113–79, title IV, § 4031, Feb. 7, 2014, 128 Stat. (B), (2)(HH), May 22, 2008, 122 Stat. 1095, 1096, 816, provided that: Page 195 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1843

‘‘(a) STUDY.— ‘‘(B) EXCEPTION.—If the Secretary determines ‘‘(1) IN GENERAL.—Prior to establishing the pilot that a pilot program described in subsection (b) is program under subsection (b), the Secretary [of Agri- not feasible, the Secretary shall provide to the culture] shall conduct a study to be completed not Commonwealth of the Northern Mariana Islands later than 2 years after the date of enactment of this any unspent funds described in subparagraph (A), Act [Feb. 7, 2014] to assess— which shall— ‘‘(A) the capabilities of the Commonwealth of the ‘‘(i) be made available for obligation under the Northern Mariana Islands to operate the supple- Commonwealth of the Northern Mariana Islands mental nutrition assistance program established nutrition assistance program block grant in addi- under the Food and Nutrition Act of 2008 (7 U.S.C. tion to any other funds made available for that 2011 et seq.) in a similar manner as the program is grant; and operated in the States (as defined in section 3 of ‘‘(ii) remain available until expended.’’ that Act (7 U.S.C. 2012)); and ‘‘(B) alternative models of the supplemental nu- § 1842. Covering into Commonwealth treasury of trition assistance program operation and benefit tax proceeds collected pursuant to Covenant delivery that best meet the nutrition assistance needs of the Commonwealth of the Northern Mari- The Secretary shall take such steps as are ana Islands. necessary to ensure that the proceeds of taxes ‘‘(2) SCOPE.—The study conducted under paragraph collected under the provisions of sections 601, (1)(A) shall assess the capability of the Common- wealth of the Northern Mariana Islands to fulfill the 602, 603, and 604 of the Covenant (Public Law responsibilities of a State agency (as defined in sec- 94–241) are covered directly upon collection into tion 3 of the Food and Nutrition Act of 2008 (7 U.S.C. the treasury of the Commonwealth of the North- 2012)), including— ern Mariana Islands. ‘‘(A) extending and limiting participation to eli- gible households, as required by sections 5 and 6 of (Pub. L. 96–205, title II, § 204(b), Mar. 12, 1980, 94 that Act (7 U.S.C. 2014, 2015); Stat. 87.) ‘‘(B) issuing benefits through EBT cards, as re- quired by section 7 of that Act (7 U.S.C. 2016); REFERENCES IN TEXT ‘‘(C) maintaining the integrity of the program, in- The Covenant, referred to in text, is the Covenant to cluding operation of a quality control system, as Establish a Commonwealth of the Northern Mariana Is- required by section 16(c) of that Act (7 U.S.C. lands in Political Union with the United States of 2025(c)); America, which is contained in section 1 of Pub. L. ‘‘(D) implementing work requirements, including 94–241, set out as a note under section 1801 of this title. operating an employment and training program, as Public Law 94–241, referred to in text, is Pub. L. required by section 6(d) of that Act (7 U.S.C. 94–241, Mar. 24, 1976, 90 Stat. 263, as amended, which is 2015(d)); and classified generally to subchapter I (§ 1801 et seq.) of ‘‘(E) paying a share of administrative costs with this chapter. For complete classification of this Act to non-Federal funds, as required by section 16(a) of the Code, see Tables. that Act (7 U.S.C. 2016(a) [2025(a)]). ‘‘(b) ESTABLISHMENT.—If the Secretary determines CODIFICATION that a pilot program is feasible, the Secretary shall es- tablish a pilot program for the Commonwealth of the Section was formerly set out as a note under section Northern Mariana Islands to operate the supplemental 1681 of this title. nutrition assistance program in the same manner in which the program is operated in the States. AUTHORITY OF GUAM, AMERICAN SAMOA, AND THE ‘‘(c) SCOPE.—The Secretary shall use the information NORTHERN MARIANA ISLANDS TO ENACT REVENUE LAWS obtained from the study conducted under subsection (a) See section 1271 of Pub. L. 99–514, set out as a note to establish the scope of the pilot program established under section 931 of Title 26, Internal Revenue Code. under subsection (b). ‘‘(d) REPORT.—Not later than June 30, 2019, the Sec- retary shall submit to the Committee on Agriculture of § 1843. Exemption from taxation for income de- the House of Representatives and the Committee on rived from sources within Commonwealth Agriculture, Nutrition, and Forestry of the Senate a re- port on the pilot program carried out under this sec- (a) Taxable years beginning after December 31, tion, including an analysis of the feasibility of operat- 1978, but not after January 1, 1985 ing the supplemental nutrition assistance program in Except as provided in subsection (c) of this the Commonwealth of the Northern Mariana Islands in section, any person, including an individual, the same manner in which the program is operated in the States. trust, estate, partnership, association, company, ‘‘(e) FUNDING.— or corporation, which is a resident of or which is ‘‘(1) STUDY.—Of the funds made available under sec- organized under the laws of the Commonwealth tion 18(a)(1) of the Food and Nutrition Act of 2008 (7 of the Northern Mariana Islands and which is U.S.C. 2027(a)(1)), the Secretary may use to conduct subject to the provisions of section 601 of the the study described in subsection (a) not more than Covenant to Establish the Commonwealth of the $1,000,000 for each of fiscal years 2014 and 2015. Northern Mariana Islands in Political Union ‘‘(2) PILOT PROGRAM.— with the United States (Public Law 94–241), shall ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), of the funds made available under section be exempted from the requirements of such sec- 18(a)(1) of the Food and Nutrition Act of 2008 (7 tion with respect to income derived from U.S.C. 2027(a)(1)), the Secretary may use to estab- sources within the Commonwealth of the North- lish and carry out the pilot program under sub- ern Mariana Islands for taxable years beginning section (b), including the Federal costs for provid- after December 31, 1978, until, but not after, Jan- ing technical assistance to the Commonwealth of uary 1, 1985. Nothing in this section shall be con- the Northern Mariana Islands, authorizing and strued as relieving such person from the obliga- monitoring retail food stores, and assessing pilot operations, not more than— tion to comply with the requirements of section ‘‘(i) $13,500,000 for fiscal year 2016; and 601 with respect to income derived from sources ‘‘(ii) $8,500,000 for each of fiscal years 2017 and outside of the Commonwealth of the Northern 2018. Mariana Islands. § 1844 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 196

(b) Taxable years beginning after December 31, lows: ‘‘It is the sense of Congress that the term ‘rebate’ 1980, and before January 1, 1982 as used in section 602 of Public Law 94–241 does not per- mit the abatement of taxes.’’ Except as provided in subsection (c) of this 1980—Subsec. (a). Pub. L. 96–597 substituted ‘‘until, section, any person, including an individual, but not after, January 1, 1983.’’ for ‘‘and before January trust, estate, partnership, association, company, 1, 1981.’’. or corporation, which is a resident of or which is SUSPENSION OF PROHIBITION OF ABATEMENT OF TAX- organized under the laws of the Commonwealth ATION IN COMMONWEALTH OF NORTHERN MARIANA IS- of the Northern Mariana Islands and which is LANDS subject to the provisions of section 601 of the Covenant to Establish the Commonwealth of the Pub. L. 96–597, title III, § 303(b), Dec. 24, 1980, 94 Stat. 3478, provided that provisions of subsec. (c) of this sec- Northern Mariana Islands (Public Law 94–241), tion were suspended and were of no force or effect until shall be exempt from the requirements of such Jan. 1, 1983. section with respect to income from sources within the Northern Mariana Islands for its tax- § 1844. Political union between Territory of able year beginning after December 31, 1980, and Guam and Commonwealth of Northern Mari- before January 1, 1982: Provided, That the Sec- ana Islands retary receives written notice from the Gov- In the event that a political union is effected ernor of the Northern Mariana Islands not later at a future time between the Territory of Guam than September 30, 1980, that sections 1, 2, 3, 4, and the Commonwealth of the Northern Mariana and 5 of chapter 2 of Public Law 1–30 of the Com- Islands, the Federal Government and each of its monwealth of the Northern Mariana Islands or agencies is authorized and directed to assure its successor, have been repealed in their en- that— tirety, effective December 31, 1981. (i) there will be no diminution of any rights (c) Tax rebates or entitlements otherwise eligible to said ter- As provided in section 602 1 of Public Law ritory and Commonwealth in effect on the ef- 94–241 (90 Stat. 263, 270) the term ‘‘rebate of any fective date of such union, taxes’’ shall, effective January 1, 1985, apply (ii) there will be no adverse effect on any only to the extent taxes have actually been paid funds which have been or may hereafter be au- pursuant to section 601 1 of said Act, shall not thorized or appropriated for said territory or exceed the amount of tax actually paid for any Commonwealth, as of the effective date of tax year, and may only be paid following the such union, or close of the tax year involved. Notwithstanding (iii) no action is taken that would in any any other provision of law, effective January 1, manner discourage such unification. 1985, the Commonwealth of the Northern Mari- Whenever any discrepancy exists or arises be- ana Islands shall maintain, as a matter of public tween the benefits available for either said terri- record, the name and address of each person re- tory or Commonwealth under any policies or ceiving such a rebate, together with the amount programs authorized by law (including, but not of the rebate, and the year for which such rebate limited to, any formulas for matching grants-in- was made. aid or comparable programs or benefits), the (Pub. L. 96–205, title II, § 205, Mar. 12, 1980, 94 most favorable terms available to either said Stat. 87; Pub. L. 96–597, title III, § 303(a), Dec. 24, territory or Commonwealth shall be deemed ap- 1980, 94 Stat. 3478; Pub. L. 98–213, § 3(a), (b), Dec. plicable to said unified area after the effective 8, 1983, 97 Stat. 1459.) date of unification. REFERENCES IN TEXT (Pub. L. 96–597, title VI, § 602, Dec. 24, 1981, 94 The Covenant, referred to in subsecs. (a) and (b), is Stat. 3480.) the Covenant to Establish a Commonwealth of the CODIFICATION Northern Mariana Islands in Political Union with the United States of America, which is contained in section Section was formerly set out as a note under section 1 of Pub. L. 94–241, set out as a note under section 1801 1681 of this title. of this title. Public Law 94–241, referred to in subsecs. (a) and (b), § 1845. Plans for development, utilization, and is Pub. L. 94–241, Mar. 24, 1976, 90 Stat. 263, as amended, conservation of water and related land re- which is classified generally to subchapter I (§ 1801 et sources seq.) of this chapter. For complete classification of this Act to the Code, see Tables. (a) The Secretary of the Army, acting through Sections 601 and 602 of Public Law 94–241, referred to the Chief of Engineers and in cooperation with in subsec. (c), probably mean sections 601 and 602 of the the Commonwealth of the Northern Mariana Is- Covenant, because Pub. L. 94–241 does not contain a lands, is hereby authorized and directed to study section 601 or 602. and draft plans for development, utilization, and CODIFICATION conservation of water and related land resources of the Commonwealth. To carry out the pur- Section was formerly set out as a note under section poses of this section there are authorized to be 1681 of this title. appropriated effective October 1, 1983, such sums AMENDMENTS as may be necessary. 1983—Subsec. (a). Pub. L. 98–213, § 3(a), substituted (b) Such studies shall include appropriate con- ‘‘1985’’ for ‘‘1983’’. sideration of the needs for flood protection; wise Subsec. (c). Pub. L. 98–213, § 3(b), amended subsec. (c) use of flood plain lands; navigation facilities; generally. Prior to amendment, subsec. (c) read as fol- hydroelectric power generation; regional water supply and waste water management facilities 1 See References in Text note below. systems; general recreational facilities; en- Page 197 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901 hancement and control of water quality; en- Sec. hancement and conservation of fish and wildlife; 1921d. Supplemental provisions. and other measures for environment improve- 1921e. Construction contract assistance. 1921f. Prohibition. ment and economic and human resources devel- 1921g. Compensatory adjustments. opment. Such studies shall also be compatible 1921h. Authorization and continuing appropriation. with comprehensive development plans formu- lated by local planning agencies and other inter- SUBCHAPTER II—PALAU ested Federal agencies. PART A—APPROVAL OF COMPACT AND SUPPLEMENTAL (Pub. L. 98–213, § 13, Dec. 8, 1983, 97 Stat. 1462.) PROVISIONS 1931. Approval of Compact of Free Association. CODIFICATION 1932. Extension of Compact of Free Association to Section was formerly set out as a note under section Palau. 1681 of this title. 1933. Supplemental provisions. 1934. Jurisdiction. § 1846. Exemption from assessment and taxation of real property owned by Commonwealth in PART B—IMPLEMENTATION OF COMPACT United States capital 1951. Entry into force of Compact. 1952. Fiscal procedures assistance. Real property owned by the Commonwealth of 1953. Antidrug program. the Northern Mariana Islands in the capital of 1954. Public auditor and special prosecutor. the United States and used by the Resident Rep- 1955. Audit certification. resentative thereof in the discharge of his rep- 1956. Acquisition of defense sites. resentative duties under the Covenant shall be 1957. Federal programs coordination personnel. exempt from assessment and taxation. 1958. Referendum costs. 1959. Agreements. (Pub. L. 101–219, title II, § 208, Dec. 12, 1989, 103 1960. Modification of energy assistance funding. Stat. 1875.) 1961. Submission of agreements. 1962. Transition funding. REFERENCES IN TEXT SUBCHAPTER III—MISCELLANEOUS PROVISIONS The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Is- 1971. Transfer of surplus personal property owned lands in Political Union with the United States of by United States. America, which is contained in section 1 of Pub. L. 1972. Controlled substances in freely associated 94–241, set out as a note under section 1801 of this title. states. 1973. Freely Associated State Air Carrier. CODIFICATION SUBCHAPTER I—MICRONESIA AND Section was formerly set out as a note under section 1681 of this title. MARSHALL ISLANDS CHAPTER 18—MICRONESIA, MARSHALL PART A—APPROVAL AND IMPLEMENTATION OF ISLANDS, AND PALAU ORIGINAL COMPACT SUBCHAPTER I—MICRONESIA AND MARSHALL § 1901. Approval of Compact of Free Association ISLANDS (a) Federated States of Micronesia PART A—APPROVAL AND IMPLEMENTATION OF ORIGINAL The Compact of Free Association set forth in COMPACT title II of this joint resolution between the Sec. United States and the Government of the Fed- 1901. Approval of Compact of Free Association. erated States of Micronesia is hereby approved, 1902. Agreements with Federated States of Micro- nesia. and Congress hereby consents to the subsidiary 1903. Agreements with and other provisions related agreements as set forth on pages 115 through 391 to Marshall Islands. of House Document 98–192 of March 30, 1984, as 1904. Interpretation of and United States policy re- they relate to such Government. Subject to the garding Compact of Free Association. provisions of this joint resolution, the President 1905. Supplemental provisions. is authorized to agree, in accordance with sec- 1906. Construction contract assistance. tion 411 of the Compact, to an effective date for 1907. Limitations. and thereafter to implement such Compact, hav- 1908. Transitional immigration rules. 1909. Timing. ing taken into account any procedures with re- 1910. Implementation of audit agreements. spect to the United Nations for termination of 1911. Compensatory adjustments. the Trusteeship Agreement. 1912. Jurisdiction. (b) Marshall Islands PART B—APPROVAL AND IMPLEMENTATION OF The Compact of Free Association set forth in COMPACTS, AS AMENDED title II of this joint resolution between the 1921. Approval of U.S.-FSM Compact of Free Asso- United States and the Government of the Mar- ciation and the U.S.-RMI Compact of Free shall Islands is hereby approved, and Congress Association; references to subsidiary agree- hereby consents to the subsidiary agreements as ments or separate agreements. set forth on pages 115 through 391 of House Doc- 1921a. Agreements with Federated States of Micro- ument 98–192 of March 30, 1984, as they relate to nesia. such Government. Subject to the provisions of 1921b. Agreements with and other provisions related to the Republic of the Marshall Islands. this joint resolution, the President is authorized 1921c. Interpretation of and United States policy re- to agree, in accordance with section 411 of the garding U.S.-FSM Compact and U.S.-RMI Compact, to an effective date for and thereafter Compact. to implement such Compact, having taken into § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 198 account any procedures with respect to the ments between the United States and each other United Nations for termination of the Trustee- party to such subsidiary agreement. The consent ship Agreement. or concurrence of any other party shall not be (c) Reference to Compact required for the effectiveness of any actions taken by the United States in conjunction with Any reference in this joint resolution to ‘‘the either the Federated States of Micronesia or the Compact’’ shall be treated as a reference to the Marshall Islands which are intended to affect Compact of Free Association set forth in title II the implementation, modification, suspension, of this joint resolution. or termination of any such subsidiary agree- (d) Amendment, change, or termination in Com- ment (or any provision thereof) as regards the pact and certain agreements mutual responsibilities of the United States and (1) Mutual agreement by the Government of the party in conjunction with whom the actions the United States as provided in the Compact are taken. which results in amendment, change, or termi- (f) Effective date nation of all or any part thereof shall be effected (1) The President shall not agree to an effec- only by Act of Congress and no unilateral action tive date for the Compact, as authorized by this by the Government of the United States pro- section, until after certifying to Congress that vided for in the Compact, and having such re- the agreements described in section 1902 of this sult, may be effected other than by Act of Con- title and section 1903 of this title have been con- gress. cluded. (2) The provisions of paragraph (1) shall (2) Any agreement concluded with the Fed- apply— erated States of Micronesia or the Marshall Is- (A) to all actions of the Government of the lands pursuant to sections 1902 and 1903 of this United States under the Compact including, title and any agreement which would amend, but not limited to, actions taken pursuant to change, or terminate any subsidiary agreement sections 431, 432, 441, or 442; or portion thereof as set forth in paragraph (4) of (B) to any amendment, change, or termi- this subsection shall be submitted to the Con- nation in the Agreement between the Govern- gress. No such agreement shall take effect until ment of the United States and the Govern- after the expiration of 30 days after the date ment of the Federated States of Micronesia such agreement is so submitted (excluding days Regarding Friendship, Cooperation and Mu- on which either House of Congress is not in ses- tual Security Concluded Pursuant to Sections sion). 321 and 323 of the Compact of Free Association (3) No agreement described in paragraph (2) referred to in section 462(j) of the Compact and shall take effect if a joint resolution of dis- the Agreement between the Government of the approval is enacted during the period specified United States and the Government of the Mar- in paragraph (2). For the purpose of expediting shall Islands Concerning Mutual Security Con- the consideration of such a joint resolution, a cluded Pursuant to Sections 321 and 323 of the motion to proceed to the consideration of any Compact of Free Association referred to in such joint resolution after it has been reported section 462(k) of the Compact; by an appropriate committee shall be treated as (C) to any amendment, change, or termi- highly privileged in the House of Representa- nation of the agreements concluded pursuant tives. Any such joint resolution shall be consid- to Compact sections 175, 177, and 221(a)(5), the ered in the Senate in accordance with the provi- terms of which are incorporated by reference sions of section 601(b) of Public Law 94–329. into the Compact; and (4) The subsidiary agreements or portions (D) to the following subsidiary agreements, thereof referred to in paragraph (2) are as fol- or portions thereof: lows: (i) Article II of the agreement referred to (A) Articles III and IV of the agreement re- in section 462(a) of the Compact; ferred to in section 462(b) of the Compact. (ii) Article II of the agreement referred to (B) Articles III, IV, V, VI, VII, VIII, IX, X, in section 462(b) of the Compact; and XI (except for Section 7 thereof) of the (iii) Article II and Section 7 of Article XI agreement referred to in section 462(e) of the of the agreement referred to in section 462(e) Compact. of the Compact; (C) Articles IV, V, X, XIV, XVI, and XVIII of (iv) the agreement referred to in section the agreement referred to in section 462(i) of 462(f) of the Compact; the Compact. (v) Articles III and IV of the agreement re- (D) Articles II, V, VI, VII, and VIII of the ferred to in section 462(g) of the Compact; agreement referred to in section 462(g) of the (vi) Articles III and IV of the agreement Compact. referred to in section 462(h) of the Compact; (E) Articles II, V, VI, and VIII of the agree- and ment referred to in section 462(h) of the Com- (vii) Articles VI, XV, and XVII of the pact. agreement referred to in section 462(i) of the (F) The Agreement set forth on pages 388 Compact. through 391 of House Document 98–192 of (e) Subsidiary agreements deemed bilateral March 30, 1984. For purposes of implementation of the Com- (5) No agreement between the United States pact and this joint resolution, each of the sub- and the Government of either the Federated sidiary agreements referred to in subsections (a) States of Micronesia or the Marshall Islands and (b) of this section (whether or not bilateral which would amend, change, or terminate any in form) shall be deemed to be bilateral agree- subsidiary agreement or portion thereof, other Page 199 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901 than those set forth in subsection (d) of this sec- ernments of the United States and residents of such tion or paragraph (4) of this subsection shall States, for which a freely associated State or its citi- take effect until the President has transmitted zens were eligible on October 1, 1999. This eligibility such agreement to the President of the Senate shall continue through the period of negotiations re- ferred to in section 231 of the Compact of Free Associa- and the Speaker of the House of Representatives tion with the Republic of the Marshall Islands and the together with an explanation of the agreement Federated States of Micronesia, approved in Public and the reasons therefore. Law 99–239 [set out below], and during consideration by (Pub. L. 99–239, title I, § 101, Jan. 14, 1986, 99 Stat. the Congress of legislation submitted by an Executive branch agency as a result of such negotiations.’’ 1773.) REGULATIONS REGARDING HABITUAL RESIDENCE REFERENCES IN TEXT Pub. L. 104–208, div. C, title VI, § 643, Sept. 30, 1996, 110 The Compact, referred to in text, is the Compact of Stat. 3009–708, provided that, not later than 6 months Free Association between the Government of the after Sept. 30, 1996, the Commissioner of Immigration United States and the Governments of the Marshall Is- and Naturalization was to issue regulations governing lands and the Federated States of Micronesia, which is rights of ‘‘habitual residence’’ in the United States contained in section 201 of Pub. L. 99–239, as amended, under the terms of the Compact of Free Association be- set out below. tween the Government of the United States and the This joint resolution, referred to in subsecs. (a), (b), Governments of the Marshall Islands and the Federated (c), and (e), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, States of Micronesia and the Compact of Free Associa- as amended, known as the Compact of Free Association tion between the Government of the United States and Act of 1985, which is classified principally to this part the Government of Palau. and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title RATIFICATION OF CERTAIN AGREEMENTS BETWEEN note below. UNITED STATES AND GOVERNMENTS OF REPUBLIC OF For Oct. 21, 1986, as the effective date of the Compact MARSHALL ISLANDS AND FEDERATED STATES OF MI- of Free Association with the Marshall Islands, and Nov. CRONESIA 3, 1986, as the effective date of the Compact of Free As- Pub. L. 101–62, July 26, 1989, 103 Stat. 162, provided: sociation with the Federated States of Micronesia, re- ‘‘That, pursuant to section 101(d) of Public Law 99–239 ferred to in subsecs. (a), (b), and (f), see Proc. No. 5564, [48 U.S.C. 1901(d)], the following agreements are ap- Nov. 3, 1986, 51 F.R. 40399, set out as a note under sec- proved and shall enter into force in accordance with tion 1801 of this title. their terms: Section 601(b) of Public Law 94–329, referred to in sub- ‘‘(1) ‘Agreement Between the Government of the sec. (f)(3), is section 601(b) of Pub. L. 94–329, title VI, United States and the Government of the Republic of June 30, 1976, 90 Stat. 765, which is not classified to the the Marshall Islands to Amend the Governmental Code. Representation Provisions of the Compact of Free As- sociation Pursuant to section 432 of the Compact’, CODIFICATION signed on March 18, 1988; and Section was formerly set out as a note under section ‘‘(2) ‘Agreement Between the Government of the 1681 of this title. United States and the Government of the Federated States of Micronesia to Amend the Governmental SHORT TITLE OF 2012 AMENDMENT Representation Provisions of the Compact of Free As- Pub. L. 112–149, § 1, July 26, 2012, 126 Stat. 1144, pro- sociation Pursuant to section 432 of the Compact’, vided that: ‘‘This Act [amending section 1921b of this signed on March 9, 1988.’’ title and section 297 of Title 28, Judiciary and Judicial RECITAL CLAUSES Procedure, and amending provisions set out as notes under section 206 of Title 29, Labor] may be cited as the Pub. L. 99–239 which enacted this part and chapter 19 ‘Insular Areas Act of 2011’.’’ of this title contained several ‘‘Whereas’’ clauses read- ing as follows: SHORT TITLE OF 2003 AMENDMENT ‘‘Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Na- Pub. L. 108–188, § 1(a), Dec. 17, 2003, 117 Stat. 2721, pro- tions and the objectives of the international trustee- vided that: ‘‘This joint resolution [enacting part B of ship system, has promoted the development of the peo- this subchapter and provisions set out as notes under ples of the Trust Territory toward self-government or section 1921 of this title and amending provisions set independence as appropriate to the particular circum- out as a note under section 3101 of Title 5, Government stances of the Trust Territory and its peoples and the Organization and Employees], together with the table freely expressed wishes of the peoples concerned; and of contents in subsection (b) of this section [117 Stat. ‘‘Whereas the United States, in response to the de- 2721], may be cited as the ‘Compact of Free Association sires of the peoples of the Federated States of Microne- Amendments Act of 2003’.’’ sia and the Marshall Islands expressed through their SHORT TITLE freely-elected representatives and by the official pro- nouncements and enactments of their lawfully con- Pub. L. 99–239, § 1(a), Jan. 14, 1986, 99 Stat. 1770, pro- stituted governments, and in consideration of its own vided that: ‘‘This joint resolution [enacting this part, obligations under the Trusteeship Agreement to pro- chapter 19 (§ 2001 et seq.) of this title, and provisions set mote self-determination, entered into political status out below], together with the Table of Contents in sub- negotiations with representatives of the peoples of the section (b) of this section [99 Stat. 1770], may be cited Federated States of Micronesia, and the Marshall Is- as the ‘Compact of Free Association Act of 1985’.’’ lands; and ‘‘Whereas these negotiations resulted in the ‘Compact APPLICATION OF FEDERAL PROGRAMS UNDER THE of Free Association’ [set out below] which, together COMPACTS OF FREE ASSOCIATION with its related agreements, was signed by the United Pub. L. 106–504, § 3(a), Nov. 13, 2000, 114 Stat. 2312, pro- States and by the Federated States of Micronesia and vided that: ‘‘The freely associated states of the Repub- the Republic of the Marshall Islands on October 1, 1982 lic of the Marshall Islands, the Federated States of Mi- and June 25, 1983, respectively; and cronesia, and the Republic of Palau, respectively, and ‘‘Whereas the Compact of Free Association was ap- citizens thereof, shall remain eligible for all Federal proved by majorities of the peoples of the Federated programs, grant assistance, and services of the United States of Micronesia and the Marshall Islands in United States, to the extent that such programs, grant assist- Nations-observed plebiscites conducted on June 21, 1983 ance, and services are provided to States and local gov- and September 7, 1983, respectively; and § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 200

‘‘Whereas the Compact of Free Association has been ‘‘TITLE ONE approved by the Governments of the Federated States ‘‘GOVERNMENTAL RELATIONS of Micronesia and the Marshall Islands in accordance with their respective constitutional processes, thus ‘‘Article I completing fully for the Federated States of Micronesia ‘‘Self-Government and the Marshall Islands their domestic approval proc- esses with respect to the Compact as contemplated in ‘‘Section 111 Compact Section 411’’. ‘‘The peoples of the Marshall Islands and the Fed- erated States of Micronesia, acting through the Gov- ernments established under their respective Constitu- COMPACT OF FREE ASSOCIATION tions, are self-governing. Pub. L. 99–239, title II, § 201, Jan. 14, 1986, 99 Stat. 1800, ‘‘Article II as amended by Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1261, provided that: ‘‘The Compact of Free Asso- ‘‘Foreign Affairs ciation is as follows: ‘‘Section 121 ‘‘(a) The Governments of the Marshall Islands and the ‘‘COMPACT OF FREE ASSOCIATION Federated States of Micronesia have the capacity to conduct foreign affairs and shall do so in their own name and right, except as otherwise provided in this ‘‘PREAMBLE Compact. ‘‘(b) The foreign affairs capacity of the Governments of the Marshall Islands and the Federated States of Mi- ‘‘THE GOVERNMENT OF THE UNITED STATES OF AMERICA cronesia includes: AND THE GOVERNMENTS OF THE MARSHALL ISLANDS ‘‘(1) the conduct of foreign affairs relating to law of AND THE FEDERATED STATES OF MICRONESIA the sea and marine resources matters, including the ‘‘Affirming that their Governments and their rela- harvesting, conservation, exploration or exploitation tionships as Governments are founded upon respect for of living and non-living resources from the sea, sea- human rights and fundamental freedoms for all, and bed or subsoil to the full extent recognized under that the peoples of the Trust Territory of the Pacific international law; Islands have the right to enjoy self-government; and ‘‘(2) the conduct of their commercial, diplomatic, ‘‘Affirming the common interests of the United consular, economic, trade, banking, postal, civil avia- States of America and the peoples of the Trust Terri- tion, communications, and cultural relations, includ- tory of the Pacific Islands in creating close and mutu- ing negotiations for the receipt of developmental ally beneficial relationships through two free and vol- loans and grants and the conclusion of arrangements untary associations of their respective Governments; with other governments and international and inter- and governmental organizations, including any matters ‘‘Affirming the interest of the Government of the specially benefiting their individual citizens. United States in promoting the economic advancement ‘‘(c) The Government of the United States recognizes and self-sufficiency of the peoples of the Trust Terri- that the Governments of the Marshall Islands and the tory of the Pacific Islands; and Federated States of Micronesia have the capacity to ‘‘Recognizing that their previous relationship has enter into, in their own name and right, treaties and been based upon the International Trusteeship System other international agreements with governments and of the United Nations Charter, and in particular Article regional and international organizations. 76 of the Charter; and that pursuant to Article 76 of the ‘‘(d) In the conduct of their foreign affairs, the Gov- Charter, the peoples of the Trust Territory have pro- ernments of the Marshall Islands and the Federated gressively developed their institutions of self-govern- States of Micronesia confirm that they shall act in ac- ment, and that in the exercise of their sovereign right cordance with principles of international law and shall to self-determination they have, through their freely- settle their international disputes by peaceful means. expressed wishes, adopted Constitutions appropriate to ‘‘Section 122 their particular circumstances; and ‘‘The Government of the United States shall support ‘‘Recognizing their common desire to terminate the applications by the Governments of the Marshall Is- Trusteeship and establish two new government-to-gov- lands and the Federated States of Micronesia for mem- ernment relationships each of which is in accordance bership or other participation in regional or inter- with a new political status based on the freely-ex- national organizations as may be mutually agreed. The pressed wishes of peoples of the Trust Territory of the Government of the United States agrees to accept for Pacific Islands and appropriate to their particular cir- training and instruction at the Foreign Service Insti- cumstances; and tute [now George P. Shultz National Foreign Affairs ‘‘Recognizing that the peoples of the Trust Territory Training Center], established under 22 U.S.C. 4021, citi- of the Pacific Islands have and retain their sovereignty zens of the Marshall Islands and the Federated States and their sovereign right to self-determination and the of Micronesia. The qualifications of candidates for such inherent right to adopt and amend their own Constitu- training and instruction and all other terms and condi- tions and forms of government and that the approval of tions of participation by citizens of the Marshall Is- the entry of their respective Governments into this lands and the Federated States of Micronesia in For- Compact of Free Association by the peoples of the eign Service Institute [now George P. Shultz National Trust Territory of the Pacific Islands constitutes an Foreign Affairs Training Center] programs shall be as exercise of their sovereign right to self-determination; mutually agreed between the Government of the United ‘‘NOW, THEREFORE, AGREE to enter into relation- States and the Governments of the Marshall Islands ships of free association which provide a full measure and the Federated States of Micronesia. of self-government for the peoples of the Marshall Is- lands and the Federated States of Micronesia; and ‘‘Section 123 ‘‘FURTHER AGREE that the relationships of free as- ‘‘(a) In recognition of the authority and responsibil- sociation derive from and are as set forth in this Com- ity of the Government of the United States under Title pact; and that, during such relationships of free asso- Three, the Governments of the Marshall Islands and ciation, the respective rights and responsibilities of the the Federated States of Micronesia shall consult, in the Government of the United States and the Governments conduct of their foreign affairs, with the Government of the freely associated states of the Marshall Islands of the United States. and the Federated States of Micronesia in regard to ‘‘(b) In recognition of the respective foreign affairs these relationships of free association derive from and capacities of the Governments of the Marshall Islands are as set forth in this Compact. and the Federated States of Micronesia, the Govern- Page 201 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901 ment of the United States, in the conduct of its foreign munications Act of 1934, 47 U.S.C. 151 et seq., and the affairs, shall consult with the Government of the Mar- Communications Satellite Act of 1962, 47 U.S.C. 721 et shall Islands or the Federated States of Micronesia on seq., over all domestic and foreign communications matters which the Government of the United States re- services furnished by means of satellite earth termi- gards as relating to or affecting any such Government. nal stations where such stations are owned or oper- ated by United States common carriers and are lo- ‘‘Section 124 cated in the Marshall Islands or the Federated States ‘‘The Government of the United States may assist or of Micronesia. act on behalf of the Government of the Marshall Is- ‘‘(b) The Government of the Marshall Islands or the lands or the Federated States of Micronesia in the area Federated States of Micronesia may elect at any time of foreign affairs as may be requested and mutually to undertake the functions enumerated in Section agreed from time to time. The Government of the 131(a) and previously performed by the Government of United States shall not be responsible to third parties the United States. Upon such election, the Government for the actions of the Government of the Marshall Is- of the United States shall so notify the International lands or the Federated States of Micronesia undertaken Frequency Registration Board and shall take such with the assistance or through the agency of the Gov- other actions as may be necessary to transfer to the ernment of the United States pursuant to this Section electing Government the notification authority re- unless expressly agreed. ferred to in Section 131(a) and all rights deriving from ‘‘Section 125 the previous exercise of any such notification authority ‘‘The Government of the United States shall not be by the Government of the United States. responsible for nor obligated by any actions taken by ‘‘Section 132 the Government of the Marshall Islands or the Fed- ‘‘The Governments of the Marshall Islands and the erated States of Micronesia in the area of foreign af- Federated States of Micronesia shall permit the Gov- fairs, except as may from time to time be expressly ernment of the United States to operate telecommuni- agreed. cations services in the Marshall Islands and the Fed- ‘‘Section 126 erated States of Micronesia to the extent necessary to ‘‘At the request of the Government of the Marshall fulfill the obligations of the Government of the United Islands or the Federated States of Micronesia and sub- States under this Compact in accordance with the ject to the consent of the receiving state, the Govern- terms of separate agreements which shall come into ef- ment of the United States shall extend consular assist- fect simultaneously with this Compact. ance on the same basis as for citizens of the United ‘‘Article IV States to citizens of the Marshall Islands and the Fed- erated States of Micronesia for travel outside the Mar- ‘‘Immigration shall Islands and the Federated States of Micronesia, ‘‘Section 141 the United States and its territories and possessions. ‘‘(a) Any person in the following categories may enter ‘‘Section 127 into, lawfully engage in occupations, and establish resi- ‘‘Except as otherwise provided in this Compact or its dence as a nonimmigrant in the United States and its related agreements, all obligations, responsibilities, territories and possessions without regard to para- rights and benefits of the Government of the United graphs (14), (20), and (26) of section 212(a) of the Immi- States as Administering Authority which have resulted gration and Nationality Act, 8 U.S.C. 1182(a) (14), (20), from the application pursuant to the Trusteeship and (26): Agreement of any treaty or other international agree- ‘‘(1) a person who, on the day preceding the effec- ment to the Trust Territory of the Pacific Islands on tive date of this Compact, is a citizen of the Trust the day preceding the effective date of this Compact Territory of the Pacific Islands, as defined in Title 53 are no longer assumed and enjoyed by the Government of the Trust Territory Code in force on January 1, of the United States. 1979, and has become a citizen of the Marshall Islands or the Federated States of Micronesia; ‘‘Article III ‘‘(2) a person who acquires the citizenship of the ‘‘Communications Marshall Islands or the Federated States of Microne- sia at birth, on or after the effective date of the re- ‘‘Section 131 spective Constitution; ‘‘(a) The Governments of the Marshall Islands and the ‘‘(3) a naturalized citizen of the Marshall Islands or Federated States of Micronesia have full authority and the Federated States of Micronesia who has been an responsibility to regulate their respective domestic and actual resident there for not less than five years after foreign communications, and the Government of the attaining such naturalization and who holds a certifi- United States shall provide communications assistance cate of actual residence; or in accordance with the terms of a separate agreement ‘‘(4) a person entitled to citizenship in the Marshall which shall come into effect simultaneously with this Islands by lineal descent whose name is included in a Compact, and such agreement shall remain in effect list to be furnished by the Government of the Mar- until such time as any election is made pursuant to shall Islands to the United States Immigration and Section 131(b) and which shall provide for the following: Naturalization Service and any descendants of such ‘‘(1) the Government of the United States remains persons, provided that such person holds a certificate the sole administration entitled to make notification of lineal descent issued by the Government of the to the International Frequency Registration Board of Marshall Islands. the International Telecommunications Union of fre- Such persons shall be considered to have the permis- quency assignments to radio communications sta- sion of the Attorney General of the United States to tions respectively in the Marshall Islands and the accept employment in the United States. Federated States of Micronesia; and to submit to the ‘‘(b) The right of such persons to establish habitual International Frequency Registration Board seasonal residence in a territory or possession of the United schedules for the broadcasting stations respectively States may, however, be subjected to nondiscrim- in the Marshall Islands and the Federated States of inatory limitations provided for: Micronesia in the bands allocated exclusively to the ‘‘(1) in statutes or regulations of the United States; broadcasting service between 5,950 and 26,100 kHz and or in any other additional frequency bands that may be ‘‘(2) in those statutes or regulations of the territory allocated to use by high frequency broadcasting sta- or possession concerned which are authorized by the tions; and laws of the United States. ‘‘(2) the United States Federal Communications ‘‘(c) Section 141(a) does not confer on a citizen of the Commission has jurisdiction, pursuant to the Com- Marshall Islands or the Federated States of Micronesia § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 202 the right to establish the residence necessary for natu- ‘‘Section 152 ralization under the Immigration and Nationality Act, ‘‘(a) The premises of such representative offices, and or to petition for benefits for alien relatives under that their archives wherever located, shall be inviolable. Act. Section 141(a), however, shall not prevent a citizen The property and assets of such representative offices of the Marshall Islands or the Federated States of Mi- shall be immune from search, requisition, attachment cronesia from otherwise acquiring such rights or lawful and any form of seizure unless such immunity is ex- permanent resident alien status in the United States. pressly waived. Official communications in transit ‘‘Section 142 shall be inviolable and accorded the freedom and pro- ‘‘(a) Any citizen or national of the United States may tections accorded by recognized principles of inter- enter into, lawfully engage in occupations, and reside national law to official communications of a diplo- in the Marshall Islands or the Federated States of Mi- matic mission. cronesia, subject to the rights of those Governments to ‘‘(b) Persons designated by the sending Government deny entry to or deport any such citizen or national as may serve in the capacity of its resident representa- an undesirable alien. A citizen or national of the tives with the consent of the receiving Government. United States may establish habitual residence or Such designated persons shall be immune from civil domicile in the Marshall Islands or the Federated and criminal process relating to words spoken or writ- States of Micronesia only in accordance with the laws ten and all acts performed by them in their official ca- of the jurisdiction in which habitual residence or domi- pacity and falling within their functions as such rep- cile is sought. resentatives, except insofar as such immunity may be ‘‘(b) With respect to the subject matter of this Sec- expressly waived by the sending Government. While tion, the Government of the Marshall Islands or the serving in a resident representative capacity, such des- Federated States of Micronesia shall accord to citizens ignated persons shall not be liable to arrest or deten- and nationals of the United States treatment no less tion pending trial, except in the case of a grave crime favorable than that accorded to citizens of other coun- and pursuant to a decision by a competent judicial au- tries; any denial of entry to or deportation of a citizen thority, and such persons shall enjoy immunity from or national of the United States as an undesirable alien seizure of personal property, immigration restrictions, must be pursuant to reasonable statutory grounds. and laws relating to alien registration, fingerprinting, and the registration of foreign agents. ‘‘Section 143 ‘‘(c) The sending Governments and their respective ‘‘(a) The privileges set forth in Sections 141 and 142 assets, income and other property shall be exempt from shall not apply to any person who takes an affirmative all direct taxes, except those direct taxes representing step to preserve or acquire a citizenship or nationality payment for specific goods and services, and shall be other than that of the Marshall Islands, the Federated exempt from all customs duties and restrictions on the States of Micronesia or the United States. import or export of articles required for the official ‘‘(b) Every person having the privileges set forth in functions and personal use of their representatives and Sections 141 and 142 who possesses a citizenship or na- representative offices. tionality other than that of the Marshall Islands, the ‘‘(d) Persons designated by the sending Government Federated States of Micronesia or the United States to serve in the capacity of its resident representatives ceases to have these privileges two years after the ef- shall enjoy the same taxation exemptions as are set fective date of this Compact, or within six months after forth in Article 34 of the Vienna Convention on Diplo- becoming 21 years of age, whichever comes later, unless matic Relations. such person executes an oath of renunciation of that ‘‘(e) The privileges, exemptions and immunities ac- other citizenship or nationality. corded under this Section are not for the personal bene- ‘‘Section 144 fit of the individuals concerned but are to safeguard the ‘‘(a) A citizen or national of the United States who, independent exercise of their official functions. With- after notification to the Government of the United out prejudice to those privileges, exemptions and im- States of an intention to employ such person by the munities, it is the duty of all such persons to respect Government of the Marshall Islands or the Federated the laws and regulations of the Government to which States of Micronesia, commences employment with they are assigned. such Government shall not be deprived of his United ‘‘Section 153 States nationality pursuant to Section 349(a)(2) and ‘‘(a) Any citizen or national of the United States who, (a)(4) of the Immigration and Nationality Act, 8 U.S.C. after consultation between the designating Govern- 1481(a)(2) and (a)(4). ment and the Government of the United States, is des- ‘‘(b) Upon such notification by the Government of the ignated by the Government of the Marshall Islands or Marshall Islands or the Federated States of Micronesia, the Federated States of Micronesia as its agent, shall the Government of the United States may consult with enjoy exemption from the requirements of the laws of or provide information to the notifying Government the United States relating to the registration of foreign concerning the prospective employee, subject to the agents. The Government of the United States shall provisions of the Privacy Act, 5 U.S.C. 552a. promptly comply with a request for consultation made ‘‘(c) The requirement of prior notification shall not by the prospective designating Government. During the apply to those citizens or nationals of the United course of the consultation, the Government of the States who are employed by the Government of the United States may, in its discretion, and subject to the Marshall Islands or the Federated States of Micronesia provisions of the Privacy Act, 5 U.S.C. 552a, transmit on the effective date of this Compact with respect to such information concerning the prospective designee the positions held by them at that time. as may be available to it to the prospective designating ‘‘Article V Government. ‘‘(b) Any citizen or national of the United States may ‘‘Representation be employed by the Government of the Marshall Islands ‘‘Section 151 or the Federated States of Micronesia to represent to ‘‘The Government of the United States and the Gov- foreign governments, officers or agents thereof the po- ernment of the Marshall Islands or the Federated sitions of the Government of the Marshall Islands or States of Micronesia may establish and maintain rep- the Federated States of Micronesia, without regard to resentative offices in the capital of the other for the the provisions of 18 U.S.C. 953. purpose of maintaining close and regular consultations ‘‘Article VI on matters arising in the course of the relationship of free association and conducting other government busi- ‘‘Environmental Protection ness. The Governments may establish and maintain ad- ‘‘Section 161 ditional offices on terms and in locations as may be ‘‘The Governments of the United States, the Marshall mutually agreed. Islands and the Federated States of Micronesia declare Page 203 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901 that it is their policy to promote efforts to prevent or Government of the Marshall Islands or the Federated eliminate damage to the environment and biosphere States of Micronesia. and to enrich understanding of the natural resources of ‘‘(d) In the event that an Environmental Impact the Marshall Islands and the Federated States of Mi- Statement is no longer required under the laws of the cronesia. In order to carry out this policy, the Govern- United States for major federal actions significantly ment of the United States and the Governments of the affecting the quality of the human environment, the Marshall Islands and the Federated States of Microne- regulatory regime established under Sections 161(a)(3) sia agree to the following mutual and reciprocal under- and 161(a)(4) shall continue to apply to such activities takings. of the Government of the United States until amended ‘‘(a) The Government of the United States: by mutual agreement. ‘‘(1) shall continue to apply the environmental con- ‘‘(e) The President of the United States may exempt trols in effect on the day preceding the effective date any of the activities of the Government of the United of this Compact to those of its continuing activities States under this Compact and its related agreements subject to Section 161(a)(2), unless and until those from any environmental standard or procedure which controls are modified under Sections 161(a)(3) and may be applicable under Sections 161(a)(3) and 161(a)(4) 161(a)(4); if the President determines it to be in the paramount ‘‘(2) shall apply the National Environmental Policy interest of the Government of the United States to do Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its so, consistent with Title Three of this Compact and the activities under the Compact and its related agree- obligations of the Government of the United States ments as if the Marshall Islands and the Federated under international law. Prior to any decision pursuant States of Micronesia were the United States; to this subsection, the views of the affected Govern- ‘‘(3) shall comply also, in the conduct of any activ- ment of the Marshall Islands or the Federated States of ity requiring the preparation of an Environmental Micronesia shall be sought and considered to the extent Impact Statement under Section 161(a)(2), with practicable. If the President grants such an exemption, standards substantively similar to those required by to the extent practicable, a report with his reasons for the following laws of the United States, taking into granting such exemption shall be given promptly to the account the particular environments of the Marshall affected Government. Islands and the Federated States of Micronesia: the ‘‘(f) The laws of the United States referred to in Sec- Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. tion 161(a)(3) shall apply to the activities of the Gov- 1531 et seq.; the Clean Air Act, 77 Stat. 392, 42 U.S.C. ernment of the United States under this Compact and Supp. 7401 et seq.; the Clean Water Act (Federal its related agreements only to the extent provided for Water Pollution Control Act), 86 Stat. 896, 33 U.S.C. in this Section. 1251 et seq.; the Ocean Dumping Act (Title I of the ‘‘Section 162 Marine Protection, Research and Sanctuaries Act of ‘‘The Government of the Marshall Islands or the Fed- 1972), 86 Stat. 1053, 33 U.S.C. 1411 et seq.; the Toxic erated States of Micronesia may bring an action for ju- Substances Control Act, 90 Stat. 2003, 15 U.S.C. 2601 et dicial review of any administrative agency action or seq.; the Resources Conservation and Recovery Act of any activity of the Government of the United States 1976, 90 Stat. 2796, 42 U.S.C. 6901 et seq.; and such pursuant to Sections 161(a), 161(d) or 161(e) or for en- other environmental protection laws of the United forcement of the obligations of the Government of the States as may be mutually agreed from time to time United States arising thereunder. The United States with the Government of the Marshall Islands or the District Court for the District of Hawaii and the United Federated States of Micronesia; and States District Court for the District of Columbia shall ‘‘(4) shall develop, prior to conducting any activity have jurisdiction over such action or activity, and over requiring the preparation of an Environmental Im- actions brought under Section 172(b) which relate to pact Statement under Section 161(a)(2), appropriate the activities of the Government of the United States mechanisms, including regulations or other judicially and its officers and employees, governed by Section 161, reviewable standards and procedures, to regulate its provided that: activities governed by Section 161(a)(3) in the Mar- ‘‘(a) Such actions may only be civil actions for any shall Islands and the Federated States of Micronesia appropriate civil relief other than punitive damages in a manner appropriate to the special governmental against the Government of the United States or, where relationship set forth in this Compact. The agencies required by law, its officers in their official capacity; of the Government of the United States designated by no criminal actions may arise under this Section. law to administer the laws set forth in Section ‘‘(b) Actions brought pursuant to this Section may be 161(a)(3) shall participate as appropriate in the devel- initiated only by the Government concerned. opment of any regulation, standard or procedure ‘‘(c) Administrative agency actions arising under under this Section, and the Government of the United Section 161 shall be reviewed pursuant to the standard States shall provide the affected Government of the of judicial review set forth in 5 U.S.C. 706. Marshall Islands or the Federated States of Microne- ‘‘(d) The District Court shall have jurisdiction to sia with the opportunity to comment during such de- issue all necessary processes, and the Government of velopment. the United States agrees to submit itself to the juris- ‘‘(b) The Governments of the Marshall Islands and the diction of the court; decisions of the District Court Federated States of Micronesia shall develop standards shall be reviewable in the United States Court of Ap- and procedures to protect their environments. As a re- peals for the Ninth Circuit or the United States Court ciprocal obligation to the undertakings of the Govern- of Appeals for the District of Columbia, respectively, or ment of the United States under this Article, the Gov- in the United States Supreme Court as provided by the ernments of the Marshall Islands and the Federated laws of the United States. States of Micronesia, taking into account their par- ‘‘(e) The judicial remedy provided for in this Section ticular environments, shall develop standards for envi- shall be the exclusive remedy for the judicial review or ronmental protection substantively similar to those re- enforcement of the obligations of the Government of quired of the Government of the United States by Sec- the United States under this Article and actions tion 161(a)(3) prior to their conducting activities in the brought under Section 172(b) which relate to the activi- Marshall Islands and the Federated States of Microne- ties of the Government of the United States and its of- sia, respectively, substantively equivalent to activities ficers and employees governed by Section 161. conducted there by the Government of the United ‘‘(f) In actions pursuant to this Section, the Govern- States and, as a further reciprocal obligation, shall en- ments of the Marshall Islands and the Federated States force those standards. of Micronesia shall be treated as if they were United ‘‘(c) Section 161(a), including any standard or proce- States citizens. dure applicable thereunder, and Section 161(b) may be ‘‘Section 163 modified or superseded in whole or in part by agree- ‘‘(a) For the purpose of gathering data necessary to ment of the Government of the United States and the study the environmental effects of activities of the § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 204

Government of the United States subject to the re- from the jurisdiction of the courts of the Marshall Is- quirements of this Article, the Governments of the lands and the Federated States of Micronesia. Marshall Islands and the Federated States of Microne- ‘‘(b) The Government of the United States accepts re- sia shall be granted access to facilities operated by the sponsibility for and shall pay: Government of the United States in the Marshall Is- ‘‘(1) any unpaid money judgment rendered by the lands and the Federated States of Micronesia, to the High Court of the Trust Territory of the Pacific Is- extent necessary for this purpose, except to the extent lands against the Government of the Trust Territory such access would unreasonably interfere with the ex- of the Pacific Islands or the Government of the ercise of the authority and responsibility of the Gov- United States with regard to any cause of action aris- ernment of the United States under Title Three. ing as a result of acts or omissions of the Govern- ‘‘(b) The Government of the United States, in turn, ment of the Trust Territory of the Pacific Islands or shall be granted access to the Marshall Islands or the the Government of the United States prior to the ef- Federated States of Micronesia for the purpose of gath- fective date of this Compact; ering data necessary to discharge its obligations under ‘‘(2) any claim settled by the claimant and the Gov- this Article, except to the extent such access would un- ernment of the Trust Territory of the Pacific Islands reasonably interfere with the exercise of the authority but not paid as of the effective date of this Compact; and responsibility of the Government of the Marshall and Islands or the Federated States of Micronesia under ‘‘(3) settlement of any administrative claim or of Title One, and to the extent necessary for this purpose any action before a court of the Trust Territory of shall be granted access to documents and other infor- the Pacific Islands, pending as of the effective date of mation to the same extent similar access is provided this Compact, against the Government of the Trust those Governments under the Freedom of Information Territory of the Pacific Islands or the Government of Act, 5 U.S.C. 552. the United States, arising as a result of acts or omis- ‘‘(c) The Governments of the Marshall Islands and the sions of the Government of the Trust Territory of the Federated States of Micronesia shall not impede efforts Pacific Islands or the Government of the United by the Government of the United States to comply States. with applicable standards and procedures. ‘‘(c) Any claim not referred to in Section 174(b) and arising from an act or omission of the Government of ‘‘Article VII the Trust Territory of the Pacific Islands or the Gov- ‘‘General Legal Provisions ernment of the United States prior to the effective date of this Compact shall be adjudicated in the same man- ‘‘Section 171 ner as a claim adjudicated according to Section 174(d). ‘‘Except as provided in this Compact or its related In any claim against the Government of the Trust Ter- agreements, the application of the laws of the United ritory of the Pacific Islands, the Government of the States to the Trust Territory of the Pacific Islands by United States shall stand in the place of the Govern- virtue of the Trusteeship Agreement ceases with re- ment of the Trust Territory of the Pacific Islands. A spect to the Marshall Islands and the Federated States judgment on any claim referred to in Section 174(b) or of Micronesia as of the effective date of this Compact. this subsection, not otherwise satisfied by the Govern- ‘‘Section 172 ment of the United States, may be presented for certifi- ‘‘(a) Every citizen of the Marshall Islands or the Fed- cation to the United States Court of Appeals for the erated States of Micronesia who is not a resident of the Federal Circuit, or its successor court, which shall have United States shall enjoy the rights and remedies jurisdiction therefor, notwithstanding the provisions of under the laws of the United States enjoyed by any 28 U.S.C. 1502, and which court’s decisions shall be re- non-resident alien. viewable as provided by the laws of the United States. ‘‘(b) The Governments of the Marshall Islands and the The United States Court of Appeals for the Federal Cir- Federated States of Micronesia and every citizen of the cuit shall certify such judgment, and order payment Marshall Islands or the Federated States of Micronesia thereof, unless it finds, after a hearing, that such judg- shall be considered a ‘person’ within the meaning of the ment is manifestly erroneous as to law or fact, or Freedom of Information Act, 5 U.S.C. 552, and of the ju- manifestly excessive. In either of such cases the United dicial review provisions of the Administrative Proce- States Court of Appeals for the Federal Circuit shall dure Act, 5 U.S.C. 701–706, except that only the Govern- have jurisdiction to modify such judgment. ment of the Marshall Islands or the Federated States of ‘‘(d) The Governments of the Marshall Islands and the Micronesia may seek judicial review under the Admin- Federated States of Micronesia shall not be immune istrative Procedure Act or judicial enforcement under from the jurisdiction of the courts of the United States, the Freedom of Information Act when such judicial re- and the Government of the United States shall not be view or enforcement relates to the activities of the immune from the jurisdiction of the courts of the Mar- Government of the United States governed by Sections shall Islands and the Federated States of Micronesia in 161 and 162. any case in which the action is based on a commercial activity of the defendant Government where the action ‘‘Section 173 is brought, or in a case in which damages are sought for ‘‘The Governments of the United States, the Marshall personal injury or death or damage to or loss of prop- Islands and the Federated States of Micronesia agree to erty occurring where the action is brought. adopt and enforce such measures, consistent with this ‘‘Section 175 Compact and its related agreements, as may be nec- essary to protect the personnel, property, installations, ‘‘A separate agreement, which shall come into effect services, programs and official archives and documents simultaneously with this Compact, shall be concluded maintained by the Government of the United States in between the Government of the United States and the the Marshall Islands and the Federated States of Mi- Governments of the Marshall Islands and the Federated cronesia pursuant to this Compact and its related States of Micronesia regarding mutual assistance and agreements and by those Governments in the United cooperation in law enforcement matters including the States pursuant to this Compact and its related agree- pursuit, capture, imprisonment and extradition of fugi- ments. tives from justice and the transfer of prisoners. The separate agreement shall have the force of law. In the ‘‘Section 174 United States, the laws of the United States governing ‘‘Except as otherwise provided in this Compact and international extradition, including 18 U.S.C. 3184, 3186 its related agreements: and 3188–3195, shall be applicable to the extradition of ‘‘(a) The Governments of the Marshall Islands and the fugitives under the separate agreement, and the laws of Federated States of Micronesia shall be immune from the United States governing the transfer of prisoners, the jurisdiction of the courts of the United States, and including 18 U.S.C. 4100–4115, shall be applicable to the the Government of the United States shall be immune transfer of prisoners under the separate agreement. Page 205 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901

‘‘Section 176 in the event a claim is not otherwise settled pursuant ‘‘The Governments of the Marshall Islands and the to Section 178(a). Federated States of Micronesia confirm that final judg- ‘‘(d) The provisions of Section 174(d) shall not apply ments in civil cases rendered by any court of the Trust to claims covered by this Section. Territory of the Pacific Islands shall continue in full ‘‘TITLE TWO force and effect, subject to the constitutional power of the courts of the Marshall Islands and the Federated ‘‘ECONOMIC RELATIONS States of Micronesia to grant relief from judgments in ‘‘Article I appropriate cases. ‘‘Grant Assistance ‘‘Section 177 ‘‘(a) The Government of the United States accepts ‘‘Section 211 the responsibility for compensation owing to citizens of ‘‘(a) In order to assist the Governments of the Mar- the Marshall Islands, or the Federated States of Micro- shall Islands and the Federated States of Micronesia in nesia (or Palau) for loss or damage to property and per- their efforts to advance the economic self-sufficiency of son of the citizens of the Marshall Islands, or the Fed- their peoples and in recognition of the special relation- erated States of Micronesia, resulting from the nuclear ship that exists between them and the United States, testing program which the Government of the United the Government of the United States shall provide on States conducted in the Northern Marshall Islands be- a grant basis the following amounts: tween June 30, 1946, and August 18, 1958. ‘‘(1) to the Government of the Marshall Islands, ‘‘(b) The Government of the United States and the $26.1 million annually for five years commencing on Government of the Marshall Islands shall set forth in a the effective date of this Compact, $22.1 million annu- separate agreement provisions for the just and ade- ally for five years commencing on the fifth anniver- quate settlement of all such claims which have arisen sary of the effective date of this Compact, and $19.1 in regard to the Marshall Islands and its citizens and million annually for five years commencing on the which have not as yet been compensated or which in tenth anniversary of this Compact. Over this fifteen- the future may arise, for the continued administration year period, the Government of the Marshall Islands by the Government of the United States of direct radi- shall dedicate an average of no less than 40 percent of ation related medical surveillance and treatment pro- these amounts to the capital account subject to pro- grams and radiological monitoring activities and for vision for revision of this percentage incorporated such additional programs and activities as may be mu- into the plan referred to in Section 211(b); and tually agreed, and for the assumption by the Govern- ‘‘(2) to the Government of the Federated States of ment of the Marshall Islands of responsibility for en- Micronesia, $60 million annually for five years com- forcement of limitations on the utilization of affected mencing on the effective date of this Compact, $51 areas developed in cooperation with the Government of million annually for five years commencing on the the United States and for the assistance by the Govern- fifth anniversary of the effective date of this Com- ment of the United States in the exercise of such re- pact, and $40 million annually for five years com- sponsibility as may be mutually agreed. This separate mencing on the tenth anniversary of the effective agreement shall come into effect simultaneously with date of this Compact. Over this fifteen year period, this Compact and shall remain in effect in accordance the Government of the Federated States of Microne- with its own terms. sia shall dedicate an average of no less than 40 per- ‘‘(c) The Government of the United States shall pro- cent of these amounts annually to the capital ac- vide to the Government of the Marshall Islands, on a count subject to provision for revision of this per- grant basis, the amount of $150 million to be paid and centage incorporated into the plan referred to in Sec- distributed in accordance with the separate agreement tion 211(b). To take into account the special nature of referred to in this Section, and shall provide the serv- the assistance, to be provided under this paragraph ices and programs set forth in this separate agreement, and Sections 212(b), 213(c), 214(c), 215(a)(3), 215(b)(3), the language of which is incorporated into this Com- 216(a), 216(b), 221(a), and 221(b), the division of these pact. amounts among the national and state governments ‘‘Section 178 of the Federated States of Micronesia shall be cer- ‘‘(a) The federal agencies of the Government of the tified to the Government of the United States by the United States which provide the services and related Government of the Federated States of Micronesia. programs in the Marshall Islands or the Federated ‘‘(b) The annual expenditure of the grant amounts States of Micronesia pursuant to Articles II and III of specified for the capital account in Section 211(a) by Title Two are authorized to settle and pay tort claims the Governments of the Marshall Islands and the Fed- arising in the Marshall Islands or the Federated States erated States of Micronesia shall be in accordance with of Micronesia from the activities of such agencies or official overall economic development plans provided from the acts or omissions of the employees of such by those Governments and concurred in by the Govern- agencies. Except as provided in Section 178(b), the pro- ment of the United States prior to the effective date of visions of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply this Compact. These plans may be amended from time exclusively to such administrative settlements and to time by the Government of the Marshall Islands or payments. the Federated States of Micronesia. ‘‘(b) Claims under Section 178(a) which cannot be set- ‘‘(c) The Government of the United States and the tled under Section 178(a) shall be disposed of exclu- Governments of the Marshall Islands and the Federated sively in accordance with Article II of Title Four. Arbi- States of Micronesia recognize that the achievement of tration awards rendered pursuant to this subsection the goals of the plans referred to in Section 211(b) de- shall be paid out of funds under 31 U.S.C. 1304. pends upon the availability of adequate internal reve- ‘‘(c) The Government of the United States and the nue as well as economic assistance from sources out- Government of the Marshall Islands or the Federated side of the Marshall Islands and the Federated States of States of Micronesia shall, in the separate agreements Micronesia, including the Government of the United referred to in Section 232, provide for: States, and may, in addition, be affected by the impact ‘‘(1) the administrative settlement of claims re- of exceptional economically adverse circumstances. ferred to in Section 178(a), including designation of Each of the Governments of the Marshall Islands and local agents in the Marshall Islands and each State of the Federated States of Micronesia shall therefore re- the Federated States of Micronesia; such agents to be port annually to the President of the United States and empowered to accept, investigate and settle such to the Congress of the United States on the implemen- claims, in a timely manner, as provided in such sepa- tation of the plans and on their use of the funds speci- rate agreements; and fied in this Article. These reports shall outline the ‘‘(2) arbitration, referred to in Section 178(b), in a achievements of the plans to date and the need, if any, timely manner, at a site convenient to the claimant, for an additional authorization and appropriation of § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 206 economic assistance for that year to account for any ‘‘(1) $890,000 annually for the surveillance and en- exceptional, economically adverse circumstances. It is forcement by the Governments of the Marshall Is- understood that the Government of the United States lands and the Federated States of Micronesia of their cannot be committed by this Section to seek or support respective maritime zones; such additional economic assistance. ‘‘(2) $1.791 million annually for health and medical ‘‘Section 212 programs, including referrals to hospital and treat- ment centers; and ‘‘In recognition of the special development needs of ‘‘(3) $2.687 million annually for a scholarship fund the Federated States of Micronesia, the Government of or funds to support the post-secondary education of the United States shall provide to the Government of citizens of the Marshall Islands and the Federated the Federated States of Micronesia $1 million annually States of Micronesia attending United States accred- for fourteen years commencing on the first anniversary ited, post-secondary institutions in the United of the effective date of this Compact. This amount may States, its territories and possessions, the Marshall be used by the Government of the Federated States of Islands or the Federated States of Micronesia. The Micronesia to defray current account expenditures at- curricula criteria for the award of scholarships shall tendant to the operation of the United States military be designed to advance the purposes of the plans re- Civic Action Teams made available in accordance with ferred to in Section 211(b). the separate agreement referred to in Section 227. ‘‘(b) The Government of the United States shall pro- ‘‘Section 213 vide the sum of $1.333 million as a contribution to the ‘‘(a) The Government of the United States shall pro- commencement of activities pursuant to Section vide on a grant basis $1.9 million annually to the Gov- 216(a)(1). ernment of the Marshall Islands in conjunction with ‘‘(c) The annual grants referred to in Section 216(a) Section 321(a). The Government of the Marshall Is- and the sum referred to in Section 216(b) shall be made lands, in its use of such funds, shall take into account available by the Government of the United States the impact of the activities of the Government of the promptly after it receives instruction for their dis- United States in the Kwajalein Atoll area of the Mar- tribution agreed upon by the Governments of the Mar- shall Islands. shall Islands and the Federated States of Micronesia. ‘‘(b) The Government of the United States shall pro- ‘‘Section 217 vide on a grant basis to the Government of the Fed- ‘‘Except as otherwise provided, the amounts stated in erated States of Micronesia the sum of $160,000 in con- Sections 211, 212, 214, 215 and 231 shall be adjusted for junction with Section 321(a). This sum shall be made each Fiscal Year by the percent which equals two- available concurrently with the grant assistance pro- thirds of the percentage change in the United States vided pursuant to this Article during the first year Gross National Product Implicit Price Deflator, or after the effective date of this Compact. The Govern- seven percent, whichever is less in any one year, using ment of the Federated States of Micronesia, in its use the beginning of Fiscal Year 1981 as the base. of such funds, shall take into account the impact of the activities of the Government of the United States in ‘‘Section 218 Yap State, Federated States of Micronesia. ‘‘If in any year the funds made available by the Gov- ernment of the United States for that year pursuant to ‘‘Section 214 this Article or Section 231 are not completely obligated ‘‘As a contribution to efforts aimed at achieving in- by the recipient Government, the unobligated balances creased self-sufficiency in energy production, the Gov- shall remain available in addition to the funds to be ernment of the United States shall provide on a current provided in subsequent years. account grant basis for fourteen years commencing on the first anniversary of the effective date of this Com- ‘‘Section 219 pact the following amounts: ‘‘All funds previously appropriated to the Trust Ter- ‘‘(a) To the Government of the Marshall Islands, $2 ritory of the Pacific Islands which are unobligated by million annually. the Government of the Trust Territory of the Pacific ‘‘(b) To the Government of the Federated States of Islands as of the effective date of this Compact shall Micronesia, $3 million annually. accrue to the Governments of the Marshall Islands and the Federated States of Micronesia for the purposes for ‘‘Section 215 which such funds were originally appropriated as deter- ‘‘(a) As a contribution to the current account oper- mined by the Government of the United States. ations and maintenance of communications systems, the Government of the United States shall provide on ‘‘Article II a grant basis for fifteen years commencing on the effec- ‘‘Program Assistance tive date of this Compact the following amounts: ‘‘Section 221 ‘‘(1) to the Government of the Marshall Islands, ‘‘(a) The Government of the United States shall make $300,000 annually; and available to the Marshall Islands and the Federated ‘‘(2) to the Government of the Federated States of States of Micronesia, in accordance with and to the ex- Micronesia, $600,000 annually. tent provided in the separate agreements referred to in ‘‘(b) For the purpose of acquiring such communica- section 232, without compensation and at the levels tions hardware as may be located within the Marshall equivalent to those available to the Trust Territory of Islands and the Federated States of Micronesia or for the Pacific Islands during the year prior to the effec- such other current or capital account activity as may tive date of this Compact, the services and related pro- be selected, the Government of the United States shall grams: provide, concurrently with the grant assistance pro- ‘‘(1) of the United States Weather Service; vided pursuant to this Article during the first year ‘‘(2) of the United States Federal Emergency Man- after the effective date of this Compact, the sum of $9 agement Agency; million to be allocated as follows: ‘‘(3) provided pursuant to the Postal Reorganization ‘‘(1) to the Government of the Marshall Islands, $3 Act, 39 U.S.C. 101 et seq.; million; and ‘‘(4) of the United States Federal Aviation Adminis- ‘‘(2) to the Government of the Federated States of tration; and Micronesia, $6 million. ‘‘(5) of the United States Civil Aeronautics Board or ‘‘Section 216 its successor agencies which has the authority to im- ‘‘(a) The Government of the United States shall pro- plement the provisions of paragraph 5 of Article IX of vide on a current account basis an annual grant of such separate agreements, the language of which is $5.369 million for fifteen years commencing on the ef- incorporated into this Compact. fective date of this Compact for the purposes set forth ‘‘(b) The Government of the United States, recogniz- below: ing the special needs of the Marshall Islands and the Page 207 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901

Federated States of Micronesia particularly in the the United States shall make available United States fields of education and health care, shall make avail- military Civic Action Teams for use in the Federated able, as provided by the laws of the United States, the States of Micronesia under terms and conditions speci- annual amount of $10 million which shall be allocated fied in a separate agreement which shall come into ef- in accordance with the provisions of the separate agree- fect simultaneously with this Compact. ment referred to in Section 232. ‘‘(c) The Government of the United States shall make ‘‘Article III available to the Marshall Islands and the Federated ‘‘Administrative Provisions States of Micronesia such alternate energy develop- ment projects, studies and conservation measures as ‘‘Section 231 are applicable to the Trust Territory of the Pacific Is- ‘‘Upon the thirteenth anniversary of the effective lands on the day preceding the effective date of this date of this Compact, the Government of the United Compact, for the purposes and duration provided in the States and the Governments of the Marshall Islands laws of the United States. and the Federated States of Micronesia shall com- ‘‘(d) The Government of the United States shall have mence negotiations regarding those provisions of this and exercise such authority as is necessary for the pur- Compact which expire on the fifteenth anniversary of poses of this Article and as is set forth in the separate its effective date. The period for the enactment of leg- agreements referred to in Section 232, which shall also islation approving the agreements resulting from such set forth the extent to which services and programs negotiations shall extend through the earlier of the shall be provided to the Marshall Islands and the Fed- date of the enactment of such legislation or September erated States of Micronesia. 30, 2004, during which time the provisions of this Com- ‘‘Section 222 pact, including Title Three, shall remain in full force ‘‘The Government of the United States and the Gov- and effect. [As amended Pub. L. 108–108, title I, Nov. 10, ernment of the Marshall Islands or the Federated 2003, 117 Stat. 1261.] States of Micronesia shall consult regularly or upon re- quest regarding: ‘‘Section 232 ‘‘(a) The economic development of the Marshall Is- ‘‘The specific nature, extent and contractual arrange- lands or the Federated States of Micronesia; or ments of the services and programs provided for in Sec- ‘‘(b) The services and programs referred to in this tion 221 as well as the legal status of agencies of the Article. These services and programs shall continue Government of the United States, their civilian em- to be provided by the Government of the United ployees and contractors, and the dependents of such States unless their modification is provided by mu- personnel while present in the Marshall Islands or the tual agreement or their termination in whole or in Federated States of Micronesia, and other arrange- part is requested by any recipient Government. ments in connection with a service or program fur- ‘‘Section 223 nished by the Government of the United States, are set ‘‘The citizens of the Marshall Islands and the Fed- forth in separate agreements which shall come into ef- erated States of Micronesia who are receiving post-sec- fect simultaneously with this Compact. ondary educational assistance from the Government of ‘‘Section 233 the United States on the day preceding the effective date of this Compact shall continue to be eligible, if ‘‘The Government of the United States, in consulta- otherwise qualified, to receive such assistance to com- tion with the Governments of the Marshall Islands and plete their academic programs for a maximum of four the Federated States of Micronesia, shall determine years after the effective date of this Compact. and implement procedures for the periodic audit of all grants and other assistance made under Article I of ‘‘Section 224 this Title and of all funds expended for the services and ‘‘The Government of the United States and the Gov- programs provided under Article II of this Title. Such ernment of the Marshall Islands or the Federated audits shall be conducted on an annual basis during the States of Micronesia may agree from time to time to first five years following the effective date of this Com- the extension of additional United States grant assist- pact and shall be at no cost to the Government of the ance, services and programs as provided by the Laws of Marshall Islands or the Federated States of Micronesia. the United States, to the Marshall Islands or the Fed- erated States of Micronesia, respectively. ‘‘Section 234 ‘‘Section 225 ‘‘Title to the property of the Government of the ‘‘The Governments of the Marshall Islands and the United States situated in the Trust Territory of the Federated States of Micronesia shall make available to Pacific Islands or acquired for or used by the Govern- the Government of the United States at no cost such ment of the Trust Territory of the Pacific Islands on or land as may be necessary for the operations of the serv- before the day preceding the effective date of this Com- ices and programs provided pursuant to this Article, pact shall, without reimbursement or transfer of funds, and such facilities as are provided by the Government vest in the Government of the Marshall Islands and the of the Marshall Islands or the Federated States of Mi- Federated States of Micronesia as set forth in a sepa- cronesia at no cost to the Government of the United rate agreement which shall come into effect simulta- States as of the effective date of this Compact or as neously with this Compact. The provisions of this Sec- may be mutually agreed thereafter. tion shall not apply to the property of the Government ‘‘Section 226 of the United States for which the Government of the United States determines a continuing requirement. ‘‘The Governments of the Marshall Islands and the Federated States of Micronesia may request, from time ‘‘Section 235 to time, technical assistance from the federal agencies ‘‘(a) Funds held in trust by the High Commissioner of and institutions of the Government of the United the Trust Territory of the Pacific Islands, in his official States, which are authorized to grant such technical capacity, as of the effective date of this Compact shall assistance in accordance with its laws and which shall remain available as trust funds to their designated grant such technical assistance in a manner which beneficiaries. The Government of the United States, in gives priority consideration to the Marshall Islands and consultation with the Government of the Marshall Is- the Federated States of Micronesia over other recipi- lands or the Federated States of Micronesia, shall ap- ents not a part of the United States, its territories or point a new trustee who shall exercise the functions possessions. The Government of the United States shall formerly exercised by the High Commissioner of the coordinate the provision of such technical assistance in Trust Territory of the Pacific Islands. consultation with the respective recipient Government. ‘‘(b) To provide for the continuity of administration, ‘‘Section 227 and to assure the Governments of the Marshall Islands ‘‘In recognition of the special development needs of and the Federated States of Micronesia that the pur- the Federated States of Micronesia, the Government of poses of the laws of the United States are carried out § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 208 and that the funds of any other trust fund in which the ‘‘Section 253 High Commissioner of the Trust Territory of the Pa- ‘‘A citizen of the Marshall Islands or the Federated cific Islands has authority of a statutory or customary States of Micronesia, domiciled therein, shall be ex- nature shall remain available as trust funds to their empt from: designated beneficiaries, the Government of the United ‘‘(a) Income taxes imposed by the Government of the States agrees to assume the authority formerly vested United States upon fixed or determinable annual in- in the High Commissioner of the Trust Territory of the come. Pacific Islands. ‘‘(b) Estate, gift, and generation-skipping transfer ‘‘Section 236 taxes imposed by the Government of the United States. ‘‘Except as otherwise provided, approval of this Com- ‘‘Section 254 pact by the Government of the United States shall con- ‘‘(a) In determining any income tax imposed by the stitute a pledge of the full faith and credit of the Government of the Marshall Islands or the Federated United States for the full payment of the sums and States of Micronesia, those Governments shall have au- amounts specified in Articles I and III of this Title. The thority to impose tax upon income derived by a resi- obligation of the United States under Articles I and III dent of the Marshall Islands or the Federated States of of this Title shall be enforceable in the United States Micronesia from sources without the Marshall Islands Claims Court [now United States Court of Federal and the Federated States of Micronesia, in the same Claims], or its successor court, which shall have juris- manner and to the same extent as those Governments diction in cases arising under this Section, notwith- impose tax upon income derived from within their re- standing the provisions of 28 U.S.C. 1502, and which spective jurisdictions. If the Government of the Mar- court’s decisions shall be reviewable as provided by the shall Islands or the Federated States of Micronesia ex- laws of the United States. ercises such authority as provided in this subsection, any individual resident of the Marshall Islands or the ‘‘Article IV Federated States of Micronesia who is subject to tax by ‘‘Trade the Government of the United States on income which is also taxed by the Government of the Marshall Is- ‘‘Section 241 lands or the Federated States of Micronesia shall be re- ‘‘The Marshall Islands and the Federated States of lieved of liability to the Government of the United Micronesia are not included in the customs territory of States for the tax which, but for this subsection, would the United States. otherwise be imposed by the Government of the United ‘‘Section 242 States on such income. For purposes of this Section, ‘‘For the purpose of assessing duties on their prod- the term ‘resident of the Marshall Islands or the Fed- ucts imported into the customs territory of the United erated States of Micronesia’ shall be deemed to include States, the Marshall Islands and the Federated States any person who was physically present in the Marshall of Micronesia shall be treated as if they were insular Islands or the Federated States of Micronesia for a pe- possessions of the United States within the meaning of riod of 183 or more days during any taxable year; pro- General Headnote 3(a) of the Tariff Schedules of the vided, that as between the Government of the Marshall United States. The exceptions, valuation procedures Islands and the Federated States of Micronesia, the au- and all other provisions of General Headnote 3(a) shall thority to tax an individual resident of the Marshall Is- apply to any product deriving from the Marshall Is- lands or the Federated States of Micronesia in respect lands or the Federated States of Micronesia. of income from sources without the Marshall Islands and the Federated States of Micronesia as provided in ‘‘Section 243 this subsection may be exercised only by the Govern- ‘‘All products of the Marshall Islands or the Fed- ment in whose jurisdiction such individual was phys- erated States of Micronesia imported into the customs ically present for the greatest number of days during territory of the United States which are not accorded the taxable year. the treatment set forth in Section 242 and all products ‘‘(b) If the Government of the Marshall Islands or the of the United States imported into the Marshall Islands Federated States of Micronesia subjects income to tax- or the Federated States of Micronesia shall receive ation substantially similar to that imposed by the treatment no less favorable than that accorded like Trust Territory Code in effect on January 1, 1980, such products of any foreign country with respect to cus- Government shall be deemed to have exercised the au- toms duties or charges of a similar nature and with re- thority described in Section 254(a). spect to laws and regulations relating to importation, ‘‘Section 255 exportation, taxation, sale, distribution, storage or use. ‘‘Where not otherwise manifestly inconsistent with ‘‘Article V the intent of this Compact, provisions in the United States Internal Revenue Code that are applicable to ‘‘Finance and Taxation possessions of the United States as of January 1, 1980 ‘‘Section 251 shall be treated as applying to the Marshall Islands and ‘‘The currency of the United States is the official cir- the Federated States of Micronesia. If such provisions culating legal tender of the Marshall Islands and the of the Internal Revenue Code are amended, modified or Federated States of Micronesia. Should the Govern- repealed after that date, such provisions shall continue ment of the Marshall Islands or the Federated States of in effect as to the Marshall Islands and the Federated Micronesia act to institute another currency, the terms States of Micronesia for a period of two years during of an appropriate currency transitional period shall be which time the Government of the United States and as agreed with the Government of the United States. the Governments of the Marshall Islands and the Fed- erated States of Micronesia shall negotiate an agree- ‘‘Section 252 ment which shall provide benefits substantially equiva- ‘‘The Government of the Marshall Islands or the Fed- lent to those which obtained under such provisions. erated States of Micronesia may, with respect to United States persons, tax income derived from sources ‘‘TITLE THREE within its respective jurisdiction, property situated ‘‘SECURITY AND DEFENSE RELATIONS therein, including transfers of such property by gift or at death, and products consumed therein, in such man- ‘‘Article I ner as such Government deems appropriate. The deter- ‘‘Authority and Responsibility mination of the source of any income, or the situs of any property, shall for purposes of this Compact be ‘‘Section 311 made according to the United States Internal Revenue ‘‘(a) The Government of the United States has full Code. authority and responsibility for security and defense Page 209 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901 matters in or relating to the Marshall Islands and the ‘‘(d) No material or substance referred to in this Sec- Federated States of Micronesia. tion shall be stored in the Marshall Islands or the Fed- ‘‘(b) This authority and responsibility includes: erated States of Micronesia except in an amount and ‘‘(1) the obligation to defend the Marshall Islands manner which would not be hazardous to public health and the Federated States of Micronesia and their peo- or safety. In determining what shall be an amount or ples from attack or threats thereof as the United manner which would be hazardous to public health or States and its citizens are defended; safety under this Section, the Government of the ‘‘(2) the option to foreclose access to or use of the United States shall comply with any applicable mutual Marshall Islands and the Federated States of Micro- agreement, international guidelines accepted by the nesia by military personnel or for the military pur- Government of the United States, and the laws of the poses of any third country; and United States and their implementing regulations. ‘‘(3) the option to establish and use military areas ‘‘(e) Any exercise of the exemption authority set and facilities in the Marshall Islands and the Fed- forth in Section 161(e) shall have no effect on the obli- erated States of Micronesia, subject to the terms of gations of the Government of the United States under the separate agreements referred to in Sections 321 this Section or on the application of this subsection. and 323. ‘‘(f) The provisions of this Section shall apply in the ‘‘(c) The Government of the United States confirms areas in which the Government of the Marshall Islands that it shall act in accordance with the principles of or the Federated States of Micronesia exercises juris- international law and the Charter of the United Na- diction over the living resources of the seabed, subsoil tions in the exercise of this authority and responsibil- or water column adjacent to its coasts. ity. ‘‘Section 315 ‘‘Section 312 ‘‘The Government of the United States may invite ‘‘Subject to the terms of any agreements negotiated members of the armed forces of other countries to use in accordance with Sections 321 and 323, the Govern- military areas and facilities in the Marshall Islands or ment of the United States may conduct within the the Federated States of Micronesia, in conjunction lands, waters and airspace of the Marshall Islands and with and under the control of United States Armed the Federated States of Micronesia the activities and Forces. Use by units of the armed forces of other coun- operations necessary for the exercise of its authority tries of such military areas and facilities, other than and responsibility under this Title. for transit and overflight purposes, shall be subject to ‘‘Section 313 consultation with and, in the case of major units, ap- ‘‘(a) The Governments of the Marshall Islands and the proval by the Government of the Marshall Islands or Federated States of Micronesia shall refrain from ac- the Federated States of Micronesia. tions which the Government of the United States deter- ‘‘Section 316 mines, after appropriate consultation with those Gov- ‘‘The authority and responsibility of the Government ernments, to be incompatible with its authority and re- of the United States under this Title may not be trans- sponsibility for security and defense matters in or re- ferred or otherwise assigned. lating to the Marshall Islands and the Federated States of Micronesia. ‘‘Article II ‘‘(b) The consultations referred to in this Section ‘‘Defense Facilities and Operating Rights shall be conducted expeditiously at senior levels of the Governments concerned, and the subsequent deter- ‘‘Section 321 mination by the Government of the United States re- ‘‘(a) Specific arrangements for the establishment and ferred to in this Section shall be made only at senior use by the Government of the United States of military interagency levels of the Government of the United areas and facilities in the Marshall Islands or the Fed- States. erated States of Micronesia are set forth in separate ‘‘(c) The Government of the Marshall Islands or the agreements which shall come into effect simulta- Federated States of Micronesia shall be afforded, on an neously with this Compact. expeditious basis, an opportunity to raise its concerns ‘‘(b) If, in the exercise of its authority and respon- with the United States Secretary of State personally sibility under this Title, the Government of the United and the United States Secretary of Defense personally States requires the use of areas within the Marshall Is- regarding any determination made in accordance with lands or the Federated States of Micronesia in addition this Section. to those for which specific arrangements are concluded ‘‘Section 314 pursuant to Section 321(a), it may request the Govern- ment concerned to satisfy those requirements through ‘‘(a) Unless otherwise agreed, the Government of the leases or other arrangements. The Government of the United States shall not, in the Marshall Islands or the Marshall Islands or the Federated States of Micronesia Federated States of Micronesia: shall sympathetically consider any such request and ‘‘(1) test by detonation or dispose of any nuclear shall establish suitable procedures to discuss it with weapon, nor test, dispose of, or discharge any toxic and provide a prompt response to the Government of chemical or biological weapon; or the United States. ‘‘(2) test, dispose of, or discharge any other radio- ‘‘(c) The Government of the United States recognizes active, toxic chemical or biological materials in an and respects the scarcity and special importance of amount or manner which would be hazardous to public land in the Marshall Islands and the Federated States health or safety. of Micronesia. In making any requests pursuant to Sec- ‘‘(b) Unless otherwise agreed, other than for transit tion 321(b), the Government of the United States shall or over flight purposes or during time of a national follow the policy of requesting the minimum area nec- emergency declared by the President of the United essary to accomplish the required security and defense States, a state of war declared by the Congress of the purpose, of requesting only the minimum interest in United States or as necessary to defend against an ac- real property necessary to support such purpose, and of tual or impending armed attack on the United States, requesting first to satisfy its requirement through pub- the Marshall Islands or the Federated States of Micro- lic real property, where available, rather than through nesia, the Government of the United States shall not private real property. store in the Marshall Islands or the Federated States of Micronesia any toxic chemical weapon, nor any radio- ‘‘Section 322 active materials nor any toxic chemical materials in- ‘‘The Government of the United States shall provide tended for weapons use. and maintain fixed and floating aids to navigation in ‘‘(c) Radioactive, toxic chemical, or biological mate- the Marshall Islands and the Federated States of Mi- rials not intended for weapons use shall not be affected cronesia at least to the extent necessary for the exer- by Section 314(b). cise of its authority and responsibility under this Title. § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 210

‘‘Section 323 place to be designated, after appropriate consultation, ‘‘The military operating rights of the Government of by the Government of the United States. A Joint Com- the United States and the legal status and contractual mittee also shall meet promptly upon request of either arrangements of the United States Armed Forces, their of its members. Upon notification by the Government members, and associated civilians, while present in the of the United States, the Joint Committees so notified Marshall Islands or the Federated States of Micronesia, shall meet promptly in a combined session to consider are set forth in separate agreements which shall come matters within the jurisdiction of more than one Joint into effect simultaneously with this Compact. Committee. Each Joint Committee shall follow such procedures, including the establishment of functional ‘‘Article III subcommittees, as the members may from time to time agree. ‘‘Defense Treaties and International Security Agreements ‘‘(d) Unresolved issues in each Joint Committee shall be referred to the Governments concerned for resolu- ‘‘Section 331 tion, and the Government of the Marshall Islands or ‘‘Subject to the terms of this Compact and its related the Federated States of Micronesia shall be afforded, agreements, the Government of the United States, ex- on an expeditious basis, an opportunity to raise its con- clusively, shall assume and enjoy, as to the Marshall cerns with the United States Secretary of Defense per- Islands and the Federated States of Micronesia, all ob- sonally regarding any unresolved issue which threatens ligations, responsibilities, rights and benefits of: its continued association with the Government of the ‘‘(a) Any defense treaty or other international secu- United States. rity agreement applied by the Government of the United States as Administering Authority of the Trust ‘‘Section 352 Territory of the Pacific Islands as of the day preceding the effective date of this Compact. ‘‘In the exercise of its authority and responsibility ‘‘(b) Any defense treaty or other international secu- under Title Three, the Government of the United rity agreement to which the Government of the United States shall accord due respect to the authority and re- States is or may become a party which it determines to sponsibility of the Governments of the Marshall Islands be applicable in the Marshall Islands and the Federated and the Federated States of Micronesia under Titles States of Micronesia. Such a determination by the Gov- One, Two and Four and to their responsibility to assure ernment of the United States shall be preceded by ap- the well-being of their peoples. propriate consultation with the Government of the Marshall Islands or the Federated States of Micronesia. ‘‘Section 353 ‘‘(a) The Government of the United States shall not ‘‘Article IV include any of the Governments of the Marshall Islands ‘‘Service in Armed Forces of the United States and the Federated States of Micronesia as named par- ties to a formal declaration of war, without their re- ‘‘Section 341 spective consent. ‘‘Any person entitled to the privileges set forth in ‘‘(b) Absent such consent, this Compact is without Section 141 shall be eligible to volunteer for service in prejudice, on the ground of belligerence or the exist- the Armed Forces of the United States, but shall not be ence of a state of war, to any claims for damages which subject to involuntary induction into military service are advanced by the citizens, nationals or Government of the United States so long as such person does not es- of the Marshall Islands or the Federated States of Mi- tablish habitual residence in the United States, its ter- cronesia, which arise out of armed conflict subsequent ritories or possessions. to the effective date of this Compact and which are: ‘‘Section 342 ‘‘(1) petitions to the Government of the United ‘‘The Government of the United States shall have en- States for redress; or rolled, at any one time, at least two qualified students, ‘‘(2) claims in any manner against the government, one each from the Marshall Islands and the Federated citizens, nationals or entities of any third country. States of Micronesia, as may be nominated by their re- ‘‘(c) Petitions under Section 353(b)(1) shall be treated spective Governments, in each of: as if they were made by citizens of the United States. ‘‘(a) The United States Coast Guard Academy pursu- ant to 14 U.S.C. 195. ‘‘Section 354 ‘‘(b) The United States Merchant Marine Academy pursuant to [former] 46 U.S.C. [App.] 1295b(b)(6) [see 46 ‘‘(a) Notwithstanding any other provision of this U.S.C. 51304], provided that the provisions of 46 U.S.C. Compact, the provisions of this Title are binding from [App.] 1295b(b)(6)(C) [now 46 U.S.C. 51304(b)(2)] shall not the effective date of this Compact for a period of fifteen apply to the enrollment of students pursuant to Sec- years between the Government of the United States tion 342(b) of this Compact. and the Governments of the Marshall Islands and the Federated States of Micronesia and thereafter as mutu- ‘‘Article V ally agreed or in accordance with Section 231, unless earlier terminated by mutual agreement pursuant to ‘‘General Provisions Section 441, or amended pursuant to Article III of Title ‘‘Section 351 Four. ‘‘(a) The Government of the United States and the ‘‘(b) The Government of the United States recognizes, Government of the Marshall Islands or the Federated in view of the special relationship between the Govern- States of Micronesia shall establish two Joint Commit- ment of the United States and the Governments of the tees empowered to consider disputes under the imple- Marshall Islands and the Federated States of Microne- mentation of this Title and its related agreements. sia, and in view of the existence of separate agreements ‘‘(b) The membership of each Joint Committee shall with each of them pursuant to Sections 321 and 323, comprise selected senior officials of each of the two that, even if this Title should terminate, any attack on participating Governments. The senior United States the Marshall Islands or the Federated States of Micro- military commander in the Pacific area shall be the nesia during the period in which such separate agree- senior United States member of each Joint Committee. ments are in effect, would constitute a threat to the For the meetings of each Joint Committee, each of the peace and security of the entire region and a danger to two participating Governments may designate addi- the United States. In the event of such an attack, the tional or alternate representatives as appropriate for Government of the United States would take action to the subject matter under consideration. meet the danger to the United States and to the Mar- ‘‘(c) Unless otherwise mutually agreed, each Joint shall Islands and the Federated States of Micronesia in Committee shall meet semi-annually at a time and accordance with its constitutional processes. Page 211 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901

‘‘TITLE FOUR ‘‘(a) An Arbitration Board shall consist of a Chair- man and two other members, each of whom shall be a ‘‘GENERAL PROVISIONS citizen of a party to the dispute. Each of the two Gov- ‘‘Article I ernments which is a party to the dispute shall appoint one member to the Arbitration Board. If either party to ‘‘Approval and Effective Date the dispute does not fulfill the appointment require- ‘‘Section 411 ments of this Section within 30 days of referral of the ‘‘This Compact shall come into effect upon mutual dispute to arbitration pursuant to Section 423, its agreement between the Government of the United member on the Arbitration Board shall be selected States, acting in fulfillment of its responsibilities as from its own standing list by the other party to the dis- Administering Authority of the Trust Territory of the pute. Each Government shall maintain a standing list Pacific Islands, and the Government of the Marshall Is- of 10 candidates. The parties to the dispute shall jointly lands or the Federated States of Micronesia and subse- appoint a Chairman within 15 days after selection of quent to completion of the following: the other members of the Arbitration Board. Failing ‘‘(a) Approval by the Government of the Marshall Is- agreement on a Chairman, the Chairman shall be cho- lands or the Federated States of Micronesia in accord- sen by lot from the standing lists of the parties to the ance with its constitutional processes. dispute within 5 days after such failure. ‘‘(b) Conduct of the plebiscite referred to in Section ‘‘(b) The Arbitration Board shall have jurisdiction to 412. hear and render its final determination on all disputes ‘‘(c) Approval by the Government of the United arising exclusively under Articles I, II, III, IV and V of States in accordance with its constitutional processes. Title One, Title Two, Title Four and their related agreements. ‘‘Section 412 ‘‘(c) Each member of the Arbitration Board shall have ‘‘A plebiscite shall be conducted in each of the Mar- one vote. Each decision of the Arbitration Board shall shall Islands and the Federated States of Micronesia be reached by majority vote. for the free and voluntary choice by the peoples of the ‘‘(d) In determining any legal issue, the Arbitration Trust Territory of the Pacific Islands of their future Board may have reference to international law and, in political status through informed and democratic proc- such reference, shall apply as guidelines the provisions esses. The Marshall Islands and the Federated States of set forth in Article 38 of the Statute of the Inter- Micronesia shall each be considered a voting jurisdic- national Court of Justice. tion, and the plebiscite shall be conducted under fair ‘‘(e) The Arbitration Board shall adopt such rules for and equitable standards in each voting jurisdiction. its proceedings as it may deem appropriate and nec- The Administering Authority of the Trust Territory of essary, but such rules shall not contravene the provi- the Pacific Islands, after consultation with the Govern- sions of this Compact. Unless the parties provide other- ments of the Marshall Islands and the Federated States wise by mutual agreement, the Arbitration Board shall of Micronesia, shall fix the date on which the plebiscite endeavor to render its decision within 30 days after the shall be called in each voting jurisdiction. The plebi- conclusion of arguments. The Arbitration Board shall scite shall be called jointly by the Administering Au- make findings of fact and conclusions of law and its thority of the Trust Territory of the Pacific Islands members may issue dissenting or individual opinions. and the other Signatory Government concerned. The Except as may be otherwise decided by the Arbitration results of the plebiscite in each voting jurisdiction Board, one-half of all costs of the arbitration shall be shall be determined by a majority of the valid ballots borne by the Government of the United States and the cast in that voting jurisdiction. remainder shall be borne by the other party to the dis- ‘‘Article II pute. ‘‘Conference and Dispute Resolution ‘‘Article III ‘‘Section 421 ‘‘Amendment ‘‘The Government of the United States shall confer ‘‘Section 431 promptly at the request of the Government of the Mar- ‘‘The provisions of this Compact may be amended as shall Islands or the Federated States of Micronesia and to the Governments of the Marshall Islands and the any of those Governments shall confer promptly at the Federated States of Micronesia and as to the Govern- request of the Government of the United States on ment of the United States at any time by mutual matters relating to the provisions of this Compact or of agreement. its related agreements. ‘‘Section 432 ‘‘Section 422 ‘‘The provisions of this Compact may be amended as ‘‘In the event the Government of the United States, to any one of the Governments of the Marshall Islands or the Government of the Marshall Islands or the Fed- or the Federated States of Micronesia and as to the erated States of Micronesia, after conferring pursuant Government of the United States at any time by mu- to Section 421, determines that there is a dispute and tual agreement. The effect of any amendment made gives written notice thereof, the Governments which pursuant to this Section shall be restricted to the rela- are parties to the dispute shall make a good faith effort tionship between the Governments agreeing to such to resolve the dispute among themselves. amendment, but the other Governments signatory to this Compact shall be notified promptly by the Govern- ‘‘Section 423 ment of the United States of any such amendment. ‘‘If a dispute between the Government of the United States and the Government of the Marshall Islands or ‘‘Article IV the Federated States of Micronesia cannot be resolved ‘‘Termination within 90 days of written notification in the manner provided in Section 422, either party to the dispute may ‘‘Section 441 refer it to arbitration in accordance with Section 424. ‘‘This Compact may be terminated as to any one of ‘‘Section 424 the Governments of the Marshall Islands or the Fed- erated States of Micronesia and as to the Government ‘‘Should a dispute be referred to arbitration as pro- of the United States by mutual agreement and subject vided for in Section 423, an Arbitration Board shall be to Section 451. established for the purpose of hearing the dispute and rendering a decision which shall be binding upon the ‘‘Section 442 two parties to the dispute unless the two parties mutu- ‘‘This Compact may be terminated by the Govern- ally agree that the decision shall be advisory. Arbitra- ment of the United States as to the Government of the tion shall occur according to the following terms: Marshall Islands or the Federated States of Micronesia § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 212 subject to Section 452, such termination to be effective tive date of this Compact provided that the annual on the date specified in the notice of termination by amounts specified in Sections 211, 212, 214, 215 and 216 the Government of the United States but not earlier shall continue without diminution. Such amounts, with than six months following delivery of such notice. The the exception of those specified in Section 216, shall be time specified in the notice of termination may be ex- adjusted according to the formula set forth in Section tended. 217. ‘‘Section 443 ‘‘Section 454 ‘‘This Compact shall be terminated, pursuant to their ‘‘Notwithstanding any other provision of this Com- respective constitutional processes, by the Government pact: of the Marshall Islands or the Federated States of Mi- ‘‘(a) The Government of the United States reaffirms cronesia subject to Section 453 if the people represented its continuing interest in promoting the long-term eco- by such Government vote in a plebiscite to terminate. nomic advancement and self-sufficiency of the peoples Such Government shall notify the Government of the of the Marshall Islands and the Federated States of Mi- United States of its intention to call such a plebiscite cronesia. which shall take place not earlier than three months ‘‘(b) The separate agreements referred to in Article II after delivery of such notice. The plebiscite shall be ad- of the Title Three shall remain in effect in accordance ministered by such Government in accordance with its with their terms which shall also determine the dura- constitutional and legislative processes, but the Gov- tion of Section 213. ernment of the United States may send its own observ- ‘‘Article VI ers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite ‘‘Definition of Terms favors termination, such Government shall, upon cer- ‘‘Section 461 tification of the results of the plebiscite, give notice of ‘‘For the purpose of this Compact only and without termination to the Government of the United States, prejudice to the views of the Government of the United such termination to be effective on the date specified States or the Government of the Marshall Islands or in such notice but not earlier than three months fol- the Federated States of Micronesia as to the nature lowing the date of delivery of such notice. The time and extent of the jurisdiction under international law specified in the notice of termination may be extended. of any of them, the following terms shall have the fol- lowing meanings: ‘‘Article V ‘‘(a) ‘Trust Territory of the Pacific Islands’ means ‘‘Survivability the area established in the Trusteeship Agreement con- sisting of the administrative districts of Kosrae, Yap, ‘‘Section 451 Ponape, the Marshall Islands and Truk as described in ‘‘Should termination occur pursuant to Section 441, Title One, Trust Territory Code, Section 1, in force on economic assistance by the Government of the United January 1, 1979. This term does not include the area of States shall continue on mutually agreed terms. Palau or the Northern Mariana Islands. ‘‘Section 452 ‘‘(b) ‘Trusteeship Agreement’ means the agreement ‘‘(a) Should termination occur pursuant to Section setting forth the terms of trusteeship for the Trust Ter- 442, the following provisions of this Compact shall re- ritory of the Pacific Islands, approved by the Security main in full force and effect until the fifteenth anniver- Council of the United Nations April 2, 1947, and by the sary of the effective date of this Compact between the United States July 18, 1947, entered into force July 18, Government of the United States and the Government 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 U.N.T.S. 189. of the Marshall Islands or the Federated States of Mi- ‘‘(c) ‘The Marshall Islands’ and ‘the Federated States cronesia and thereafter as mutually agreed: of Micronesia’ are used in a geographic sense and in- ‘‘(1) Article VI and Sections 172, 173, 176 and 177 of clude the land and water areas to the outer limits of Title One; the territorial sea and the air space above such areas as ‘‘(2) Article I and Section 233 of Title Two; now or hereafter recognized by the Government of the ‘‘(3) Title Three; and United States. ‘‘(4) Articles II, III, V and VI of Title Four. ‘‘(d) ‘Government of the Marshall Islands’ means the ‘‘(b) The Government of the United States shall also Government established and organized by the Constitu- provide the Government as to which termination oc- tion of the Marshall Islands including all the political curs pursuant to Section 442 with either the programs subdivisions and entities comprising that Government. or services provided pursuant to Article II of Title Two ‘‘ ‘Government of the Federated States of Micronesia’ as the time of termination, or their equivalent, as de- means the Government established and organized by termined by the Government of the United States. the Constitution of the Federated States of Micronesia Such assistance shall continue until the fifteenth anni- including all the political subdivisions and entities versary of the effective date of this Compact, and comprising that Government. thereafter as mutually agreed. ‘‘(e) The following terms shall be defined consistent with the 1976 Edition of the Radio Regulations of the ‘‘Section 453 International Telecommunications Union (ISBN ‘‘(a) Should termination occur pursuant to Section 92–61–0081–5) as follows: 443, the following provisions of this Compact shall re- ‘‘(1) ‘Radio Communications’ means telecommuni- main in full force and effect until the fifteenth anniver- cation by means of radio waves. sary of the effective date of this Compact between the ‘‘(2) ‘Station’ means one or more transmitters or Government of the United States and the Government receivers or a combination of transmitters and re- of the Marshall Islands or the Federated States of Mi- ceivers, including the accessory equipment, necessary cronesia and thereafter as mutually agreed: at one location for carrying on a radio communica- ‘‘(1) Article VI and Sections 172, 173, 176 and 177 of tion service; each station shall be classified by the Title One; service in which it operates permanently or tempo- ‘‘(2) Title Three; and rarily. ‘‘(3) Articles II, III, V and VI of Title Four. ‘‘(3) ‘Broadcasting Service’ means a radio commu- ‘‘(b) Upon receipt of notice of termination pursuant nication service in which the transmissions are in- to Section 443, the Government of the United States tended for direct reception by the general public, and and the Government so terminating shall promptly which may include sound transmissions, television consult with regard to their future relationship. These transmissions or other types of transmissions. consultations shall determine the level of economic as- ‘‘(4) ‘Broadcasting Station’ means a station in the sistance which the Government of the United States broadcasting service. shall provide to the Government so terminating for the ‘‘(f) ‘Frequency Assignment’ means the same as ‘Fre- period ending on the fifteenth anniversary of the effec- quency Assignment’ means in the 1976 Edition of the Page 213 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901

Radio Regulations of the International Telecommuni- erated States of Micronesia Concluded Pursuant to cations Union (ISBN 92–61–0081–5). Section 131 of the Compact of Free Association; ‘‘(g) ‘Habitual Residence’ means a place of general ‘‘(b) Agreement Regarding the Operation of Tele- abode or a principal, actual dwelling place of a continu- communication Services of the Government of the ing or lasting nature; provided, however, that this term United States in the Marshall Islands and the Fed- shall not apply to the residence of any person who en- erated States of Micronesia Concluded Pursuant to tered the United States for the purpose of full-time Section 132 of the Compact of Free Association; studies as long as such person maintains that status, or ‘‘(c) Agreement on Extradition, Mutual Assistance in who has been physically present in the United States, Law Enforcement Matters and Penal Sanctions Con- the Marshall Islands, or the Federated States of Micro- cluded Pursuant to Section 175 of the Compact of Free nesia for less than one year, or who is a dependent of Association; a resident representative, as described in Section 152. ‘‘(d) Agreement Between the Government of the ‘‘(h) For the purposes of Article IV of Title One of United States and the Government of the Marshall Is- this Compact: lands for the Implementation of Section 177 of the ‘‘(1) ‘Actual Residence’ means physical presence in Compact of Free Association; the Marshall Islands or the Federated States of Mi- ‘‘(e) Federal Programs and Services Agreement Con- cronesia during eighty-five percent of the period of cluded Pursuant to Article II of Title Two and Section residency required by Section 141(a)(3); and 232 of the Compact of Free Association; ‘‘(2) ‘Certificate of Actual Residence’ means a cer- ‘‘(f) Agreement Concluded Pursuant to Section 234 of tificate issued to a naturalized citizen by the Govern- the Compact of Free Association; ment which has naturalized him stating that the citi- ‘‘(g) Agreement Regarding the Military Use and Oper- zen has complied with the actual residence require- ating Rights of the Government of the United States in ment of Section 141(a)(3). the Marshall Islands Concluded Pursuant to Sections ‘‘(i) ‘Military Areas and Facilities’ means those areas 321 and 323 of the Compact of Free Association; and facilities in the Marshall Islands or the Federated ‘‘(h) Agreement Regarding the Military Use and Oper- States of Micronesia reserved or acquired by the Gov- ating Rights of the Government of the United States in ernment of the Marshall Islands or the Federated the Federated States of Micronesia Concluded Pursu- States of Micronesia for use by the Government of the ant to Sections 227, 321 and 323 of the Compact of Free United States, as set forth in the separate agreements Association; referred to in Section 321. ‘‘(i) Status of Forces Agreement Concluded Pursuant ‘‘(j) ‘Capital Account’ means, for each year of the to Section 323 of the Compact of Free Association; Compact, those portions of the total grant assistance ‘‘(j) Agreement Between the Government of the provided in Article I of Title Two, adjusted by Section United States and the Government of the Federated 217, which are to be obligated for: States of Micronesia Regarding Friendship, Coopera- ‘‘(1) the construction or major repair of capital in- tion and Mutual Security Concluded Pursuant to Sec- frastructure; or tions 321 and 323 of the Compact of Free Association; ‘‘(2) public and private sector projects identified in and the official overall economic development plan. ‘‘(k) Agreement Between the Government of the ‘‘(k) ‘Current Account’ means, for each year of the United States and the Government of the Marshall Is- Compact, those portions of the total grant assistance lands Regarding Mutual Security Concluded Pursuant provided in Article I of Title Two, adjusted by Section to Sections 321 and 323 of the Compact of Free Associa- 217, which are to be obligated for recurring operational tion. activities including infrastructure maintenance as ‘‘Section 463 identified in the annual budget justifications submitted yearly to the Government of the United States. ‘‘(a) Except as set forth in Section 463(b), any ref- ‘‘(l) ‘Official Overall Economic Development Plan’ erence in this Compact to a provision of the United means the documented program of annual development States Code or the Statutes at Large of the United which identifies the specific policy and project activi- States constitutes the incorporation of the language of ties necessary to achieve a specified set of economic such provision into this Compact, as such provision was goals and objectives during the period of free associa- in force on January 1, 1980. tion, consistent with the economic assistance author- ‘‘(b) Any reference in Article VI of Title One and Sec- ity in Title Two. Such a document should include an tions 131, 174, 175, 178 and 342 to a provision of the analysis of population trends, manpower requirements, United States Code or the Statutes at Large of the social needs, gross national product estimates, resource United States or to the Privacy Act, the Freedom of In- utilization, infrastructure needs and expenditures, and formation Act or the Administrative Procedure Act the specific private sector projects required to develop constitutes the incorporation of the language of such the local economy of the Marshall Islands or the Fed- provision into this Compact as such provision is in erated States of Micronesia. Project identification force on the effective date of this Compact or as it may should include initial cost estimates, with project pur- be amended thereafter on a non-discriminatory basis poses related to specific development goals and objec- according to the constitutional processes of the United tives. States. ‘‘(m) ‘Tariff Schedules of the United States’ means ‘‘Article VII the Tariff Schedules of the United States as amended from time to time and as promulgated pursuant to ‘‘Concluding Provisions United States law and includes the Tariff Schedules of ‘‘Section 471 the United States Annotated (TSUSA), as amended. ‘‘(a) The Government of the United States and the ‘‘(n) ‘Vienna Convention on Diplomatic Relations’ Governments of the Marshall Islands and the Federated means the Vienna Convention on Diplomatic Relations, States of Micronesia agree that they have full author- done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 ity under their respective Constitutions to enter into U.N.T.S. 95. this Compact and its related agreements and to fulfill ‘‘Section 462 all of their respective responsibilities in accordance ‘‘The Government of the United States and the Gov- with the terms of this Compact and its related agree- ernment of the Marshall Islands or the Federated ments. The Governments pledge that they are so com- States of Micronesia, as appropriate, shall conclude re- mitted. lated agreements which shall come into effect and shall ‘‘(b) Each of the Governments of the United States, survive in accordance with their terms, as follows: the Marshall Islands and the Federated States of Mi- ‘‘(a) Agreement Regarding the Provision of Tele- cronesia shall take all necessary steps, of a general or communication Services by the Government of the particular character, to ensure, not later than the ef- United States to the Marshall Islands and the Fed- fective date of this Compact, the conformity of its § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 214 laws, regulations and administrative procedures with [For transfer of all functions, personnel, assets, com- the provisions of this Compact. ponents, authorities, grant programs, and liabilities of ‘‘(c) Without prejudice to the effects of this Compact the Federal Emergency Management Agency, including under international law, this Compact has the force the functions of the Under Secretary for Federal Emer- and effect of a statute under the laws of the United gency Management relating thereto, to the Federal States. Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.] ‘‘Section 472 [For transfer of functions, personnel, assets, and li- ‘‘This Compact may be accepted, by signature or abilities of the Federal Emergency Management Agen- otherwise, by the Government of the United States, the cy, including the functions of the Director of the Fed- Government of the Marshall Islands, and the Govern- eral Emergency Management Agency relating thereto, ment of the Federated States of Micronesia. Each Gov- to the Secretary of Homeland Security, and for treat- ernment accepting this Compact shall possess an origi- ment of related references, see former section 313(1) and nal English language version. sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- ‘‘IN WITNESS WHEREOF, the undersigned, duly au- rity, and the Department of Homeland Security Reor- thorized, have signed this Compact of Free Association ganization Plan of November 25, 2002, as modified, set which shall come into effect in accordance with its out as a note under section 542 of Title 6.] terms between the Government of the United States [For transfer of authorities, functions, personnel, and and each of the other Governments signatory to this assets of the Coast Guard, including the authorities Compact. and functions of the Secretary of Transportation relat- ‘‘DONE AT HONOLULU, HAWAII, THIS 1ST DAY OF ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections ‘‘OCTOBER, ONE THOUSAND, NINE HUNDRED EIGHTY-TWO 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ‘‘FOR THE GOVERNMENT ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] ‘‘OF [For termination, effective May 15, 2000, of provisions ‘‘THE UNITED STATES OF AMERICA of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in ‘‘AMBASSADOR FRED M. ZEDER, II House Document No. 103–7 (in which reporting require- ‘‘PRESIDENT’S PERSONAL REPRESENTATIVE ments under section 211(c) of the Compact of Free Asso- ‘‘FOR MICRONESIAN STATUS NEGOTIATIONS ciation, set out above, are listed as the 5th and 6th items on page 115), see section 3003 of Pub. L. 104–66, as ‘‘DONE AT HONOLULU, HAWAII, THIS 1ST DAY OF amended, set out as a note under section 1113 of Title ‘‘OCTOBER, ONE THOUSAND, NINE HUNDRED EIGHTY-TWO 31, Money and Finance.]

‘‘FOR THE GOVERNMENT CLARIFICATION OF CERTAIN TRADE AND TAX PROVISIONS OF COMPACT OF FREE ASSOCIATION ‘‘OF Title IV of Pub. L. 99–239 provided that: ‘‘THE FEDERATED STATES OF MICRONESIA ‘‘SEC. 401. FREELY ASSOCIATED STATES TARIFF ‘‘HONORABLE ANDON L. AMARAICH TREATMENT. ‘‘CHAIRMAN, COMMISSION ON FUTURE ‘‘(a) SECTION 242.—Section 242 of the Compact [set out ‘‘POLITICAL STATUS AND TRANSITION above] shall be construed and applied as if it read as follows: ‘‘DONE AT MAJURO, MARSHALL ISLANDS, THIS 25TH DAY ‘‘ ‘Section 242 ‘‘OF JUNE, ONE THOUSAND, NINE HUNDRED, EIGHTY- ‘‘ ‘The President shall proclaim the following tariff THREE treatment for articles imported from the Federated States of Micronesia or the Marshall Islands which ‘‘FOR THE GOVERNMENT shall apply during the period of effectiven[e]ss of this title: ‘‘OF ‘‘ ‘(1) Unless otherwise excluded, articles imported ‘‘THE UNITED STATES OF AMERICA from the Federated States of Micronesia or the Mar- shall Islands, subject to the limitations imposed ‘‘AMBASSADOR FRED M. ZEDER, II under sections 503(b) and 504(c) of title 5 of the Trade ‘‘PRESIDENT’S PERSONAL REPRESENTATIVE Act of 1974 (19 U.S.C. 2463(b); 2464(c)), shall be exempt ‘‘FOR MICRONESIAN STATUS NEGOTIATIONS from duty. ‘‘ ‘(2) Only canned tuna provided for in item 112.30 of ‘‘DONE AT MAJURO, MARSHALL ISLANDS, THIS 25TH DAY the Tariff Schedules of the United States that is im- ‘‘OF JUNE, ONE THOUSAND, NINE HUNDRED EIGHTY-THREE ported from the Federated States of Micronesia and the Marshall Islands during any calendar year not to ‘‘FOR THE GOVERNMENT exceed 10 percent of the United States consumption of canned tuna during the immediately preceding cal- ‘‘OF endar year, as reported by the National Marine Fish- eries Service, shall be exempt from duty; but the ‘‘THE MARSHALL ISLANDS quantity of tuna given duty free treatment under this ‘‘PRESIDENT AMATA KABUA paragraph for any calendar year shall be counted ‘‘PRESIDENT OF THE REPUBLIC against the aggregate quantity of canned tuna that is ‘‘OF THE MARSHALL ISLANDS’’. dutiable under rate column numbered 1 of such item [Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1261, 112.30 for that calendar year. which directed amendment of section 231 of Pub. L. ‘‘ ‘(3) The duty-free treatment provided under para- 99–239, was executed by amending section 231 of the graph (1) shall not apply to— Compact of Free Association, set out above, to reflect ‘‘ ‘(A) watches, clocks, and timing apparatus pro- the probable intent of Congress. Pub. L. 99–239, which vided for in subpart E of part 2 of schedule 7 of the sets out the Compact, does not contain a section 231.] Tariff Schedules of the United States; [For abolition of Immigration and Naturalization ‘‘ ‘(B) buttons (whether finished or not finished) Service, transfer of functions, and treatment of related provided for in item 745.32 of such Schedules; references, see note set out under section 1551 of Title ‘‘ ‘(C) textile and apparel articles which are sub- 8, Aliens and Nationality.] ject to textile agreements; and Page 215 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1901

‘‘ ‘(D) footwear, handbags, luggage, flat goods, provided with benefits substantially equivalent to such work gloves, and leather wearing apparel which reduction in benefits. If, within the 1 year period after were not eligible articles for purposes of chapter V the date of the enactment of the Act making the reduc- of the Trade Act of 1974 (19 U.S.C. 2461, et seq.) on tion in benefits, an agreement negotiated under the April 1, 1984. preceding sentence is not approved by law, the matter ‘‘ ‘(4) If the cost or value of materials produced in shall be submitted to the Arbitration Board established the customs territory of the United States is included pursuant to section 424 of the Compact. For purposes of with respect to an eligible article which is a product Article V of Title Two of the Compact, the Secretary of of the Federated States of Micronesia or the Marshall the Treasury or his delegate shall be the member of Islands, an amount not to exceed 15 percent of the ap- such Board representing the Government of the United praised value of the article at the time it is entered States. Any decision of such Board in the matter when that is attributable to such United States cost or approved by law shall be binding on the United States, value may be applied for duty assessment purposes except that such decision rendered is binding only as to toward determining the percentage referred to in sec- whether the United States has provided the substan- tion 503(b)(2) of title V of the Trade Act of 1974.’. tially equivalent benefits referred to in this sub- ‘‘(b) SECTION 243.—Section 243 of the Compact shall be section.’. construed and applied as if it read as follows: ‘‘SEC. 405. THE MARSHALL ISLANDS AND THE FED- ‘‘ ‘Section 243 ERATED STATES OF MICRONESIA TREATED AS ‘‘ ‘Articles imported from the Federated States of Mi- NORTH AMERICAN AREA. cronesia or the Marshall Islands which are not exempt ‘‘For purposes of section 274(h)(3)(A) of the Internal from duty under paragraphs (1), (2), (3), and (4) of sec- Revenue Code of 1986 [26 U.S.C. 274(h)(3)(A)], the term tion 242 shall be subject to the rates of duty set forth ‘North American Area’ shall include the Marshall Is- in column numbered 1 of the Tariff Schedules of the lands and the Federated States of Micronesia. United States and all products of the United States im- ‘‘SEC. 406. EFFECTIVE DATE. ported into the Federated States of Micronesia or the Marshall Islands shall receive treatment no less favor- ‘‘This title shall apply to income earned, and trans- able than that accorded like products of any foreign actions occurring, after September 30, 1985, in taxable country with respect to customs duties or charges of a years ending after such date. similar nature and with respect to laws and regulations ‘‘SEC. 407. STUDY OF TAX PROVISIONS. relating to importation, exportation, taxation, sale, ‘‘The Secretary of the Treasury or his delegate— distribution, storage, or use.’. ‘‘(1) shall conduct a study of the effects of the tax ‘‘SEC. 402. CONSTRUCTION OF SECTION 253 OF THE provisions of the Compact (as clarified by the fore- COMPACT. going provisions of this title), and ‘‘(a) Subsection (a) of section 253 of the Compact shall ‘‘(2) shall report the results of such study before Oc- not apply. tober 1, 1987, to the Committee on Ways and Means of ‘‘(b) Subsection (b) of section 253 of the Compact shall the House of Representatives and the Committee on apply only to individuals who are nonresidents and not Finance of the Senate. citizens of the United States. [The due date for the report referred to in section 407 of Pub. L. 99–239, set out above, was extended to Jan. 1, ‘‘SEC. 403. CONSTRUCTION OF SECTION 254 OF THE 1991 by Pub. L. 101–508, title XI, § 11831(b), Nov. 5, 1990, COMPACT. 104 Stat. 1388–559.] ‘‘The relief from liability referred to in the second sentence of section 254(a) of the Compact means only— ‘‘SEC. 408. COORDINATION WITH OTHER PROVI- ‘‘(1) relief in the form of the foreign tax credit (or SIONS. deduction in lieu thereof) available with respect to ‘‘Nothing in any provision of this joint resolution the income taxes of a possession of the United States, [see Short Title note above] (other than this title) and which is inconsistent with any provision of this title ‘‘(2) relief in the form of the exclusion under section shall have any force or effect.’’ 911 of the Internal Revenue Code of 1986 [26 U.S.C. EX. ORD. NO. 12569. MANAGEMENT OF COMPACT OF FREE 911]. ASSOCIATION WITH REPUBLIC OF THE MARSHALL IS- ‘‘SEC. 404. CONSTRUCTION OF SECTION 255 OF THE LANDS, FEDERATED STATES OF MICRONESIA, AND RE- COMPACT. PUBLIC OF PALAU ‘‘Section 255 of the Compact shall be construed and Ex. Ord. No. 12569, Oct. 16, 1986, 51 F.R. 37171, as applied as if it read as follows: amended by Ex. Ord. No. 12877, Nov. 3, 1993, 58 F.R. ‘‘ ‘Section 255 59159, provided: ‘‘ ‘(a) EXTENSION OF SECTION 936 TO THE MARSHALL IS- By the authority vested in me as President by the LANDS AND THE FEDERATED STATES OF MICRONESIA.—For Constitution and laws of the United States, including purposes of section 936 of the Internal Revenue Code of the Compact of Free Association (the Compact) [set out 1986, the Marshall Islands and the Federated States of above] and Public Law 99–239, (the Act) [see Short Title Micronesia shall be treated as if they were possessions note above], it is ordered as follows: of the United States. SECTION 1. Responsibility of the Secretary of State. The ‘‘ ‘(b) EXCHANGE OF INFORMATION.—Subsection (a) Secretary of State shall conduct the government-to- shall not apply to the Marshall Islands and the Fed- government relations of the United States with the Re- erated States of Micronesia (as the case may be) for public of the Marshall Islands, the Federated States of any period after December 31, 1986, during which there Micronesia, and the Republic of Palau (the ‘‘Freely As- is not in effect between the appropriate government sociated States’’), including any subdivisions, officials and the United States an exchange of information or persons thereof, and may delegate or allocate such of agreement of the kind described in section 274(h)(6)(C) his authority under this Order to such other United (other than clause (ii) thereof) of the Internal Revenue States officials as he may from time to time deem de- Code of 1986. sirable. The authority of the Secretary of State shall ‘‘ ‘(c) PROCEDURE IF SECTION 936 INCENTIVES RE- include, consistent with Article V of Title One of the DUCED.—If the tax incentives extended to the Marshall Compact and section 105(b)(1) of the Act [48 U.S.C. Islands and the Federated States of Micronesia under 1905(b)(1)], the establishment and maintenance of rep- subsection (a) are, at any time during which the Com- resentative offices in the Freely Associated States and pact is in effect, reduced, the Secretary of the Treasury supervision of the United States representatives and shall negotiate an agreement with the Marshall Islands their staff. The Secretary also shall provide, in accord- and the Federated States of Micronesia under which, ance with applicable law, for appropriate privileges, when such agreement is approved by law, they will be immunities, and assistance to representatives to the § 1901 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 216

United States designated by the Governments of the their respective authorities and responsibilities as de- Freely Associated States, together with their officers scribed in this Order to the Secretary of State or his or and staff. In accordance with applicable law and the her designee. The Secretary of State or his or her des- provisions of this Order, the Secretary also shall have ignee shall serve as Executive Secretary of the Inter- the authority and responsibility to take such other ac- agency Group. tions as may be necessary and appropriate to ensure (3) Personnel additional to that provided by the Sec- that the authorities and obligations of the United retary of State may be detailed to the Department of States set forth in the Compact and its related agree- State by the Executive departments and agencies that ments and in the laws of the United States as they re- are members of the Interagency Group, and by other late to the conduct of government-to-government rela- agencies as appropriate. Executive departments and tions with the Freely Associated States are carried out. agencies shall, to the extent permitted by law, provide The Secretary shall provide from appropriations made such information, advice, and administrative services to the Department of State such funds as may be nec- and facilities to the Secretary of State as may be nec- essary to carry out the provisions of this Order in rela- essary to conduct United States relations with the tion to the activities of the Department of State. Freely Associated States. SEC. 2. Responsibility of the Secretary of the Interior. SEC. 4. United States Representatives to the Freely Asso- The Secretary of the Interior shall be responsible for ciated States. The United States Representative as- seeking the appropriation of funds for and, in accord- signed to a Freely Associated State in accordance with ance with the laws of the United States, shall make Article V of Title One of the Compact shall represent available to the Freely Associated States the United the Government of the United States in an official ca- States economic and financial assistance appropriated pacity in that Freely Associated State, and shall super- pursuant to Article I of Title Two of the Compact; the vise the actions of any Executive department or agency grant, service, and program assistance appropriated personnel assigned permanently or temporarily to that pursuant to Article II of Title Two of the Compact; and Freely Associated State. all other United States assistance appropriated pursu- SEC. 5. Cooperation among Executive Departments and ant to the Compact and its related agreements. The Agencies. All Executive departments and agencies shall Secretary shall coordinate and monitor any program or cooperate in the effectuation of the provisions of this any activity by any department or agency of the Order. The Interagency Group and the Secretary of United States provided to the Freely Associated States State shall facilitate such cooperative measures. Noth- and shall coordinate and monitor related economic de- ing in this Order shall be construed to impair the au- velopment planning. This Section shall not apply to thority and responsibility of the Secretary of Defense services provided by the Department of Defense to the for security and defense matters in or relating to the Freely Associated States or to activities pursuant to Freely Associated States. Section 1 of this Order, including activities under the SEC. 6. Delegation to the Secretary of the Interior. The Peace Corps Act [22 U.S.C. 2501 et seq.]. following authorities are delegated to the Secretary of SEC. 3. Interagency Group on Freely Associated State Af- the Interior: fairs and the Office of Freely Associated State Affairs. (a) Reporting to the Congress on economic develop- (a) There is established an Interagency Group on ment plans prepared by the Government of the Fed- Freely Associated State Affairs for the purpose of pro- erated States of Micronesia and the Government of the viding guidance and oversight with respect to the es- Marshall Islands, pursuant to sections 102(b) and 103(b) tablishment and implementation of policy concerning of the Act [48 U.S.C. 1902(b), 1903(b)]; the Compact and United States relations with the Free- (b) The determination required by section 103(e) of ly Associated States. (b) The Interagency Group shall consist of the Sec- the Act concerning the qualifications of the investment retary of State or his designee, who shall chair the management firm selected by the Government of the Group, and of the principal officers or their designees Marshall Islands; from the Departments of the Interior, Defense, Com- (c) Reporting to the Congress with respect to the im- merce, Energy, and Justice, the Organization of the pact of the Compact of Free Association on the United Joint Chiefs of Staff, the Office of Management and States territories and commonwealths and on the State Budget, the National Security Council, and such other of Hawaii, pursuant to section 104(e)(2) of the Act [48 departments and agencies as may from time to time be U.S.C. 1904(e)(2)]; and appropriate. (d) Causing an annual audit to be conducted of the (c) The Interagency Group shall make such recom- annual financial statements of the Government of the mendations as it shall deem appropriate to the Presi- Federated States of Micronesia and the Government of dent, through the Assistant to the President for Na- the Marshall Islands, pursuant to section 110(b) of the tional Security Affairs, concerning United States rela- Act [48 U.S.C. 1910(b)]. tions with the Freely Associated States. The Inter- SEC. 7. Delegation to the Secretary of State. The follow- agency Group also shall provide such guidance as it ing authorities are delegated to the Secretary of State: deems appropriate to departments and agencies dele- (a) Reporting to the Congress on crimes in the Fed- gated authority by this Order concerning administra- erated States of Micronesia and the Marshall Islands tion of laws with respect to the Freely Associated which have an impact upon United States jurisdictions, States. pursuant to sections 102(a)(4) and 103(a)(4) of the Act [48 (d) If any department or agency charged by this Order U.S.C. 1902(a)(4), 1903(a)(4)]; with implementation of the Compact or other laws of (b) Submitting the certification and report to the the United States with respect to the Freely Associated Congress for purposes of section 5 of the Fishermen’s States concludes that noncompliance sanctions pursu- Protective Act of 1967 [22 U.S.C. 1975], pursuant to sec- ant to section 105(g) of the Act [48 U.S.C. 1905(g)] are tion 104(f)(3) of the Act [48 U.S.C. 1904(f)(3)]; and appropriate, it shall make appropriate recommenda- (c) Reporting, with the concurrence of the Secretary tions to the Interagency Group. The Interagency Group of Defense, to the Congress on determinations made re- shall consider these recommendations and report its garding security and defense, pursuant to section 105(q) findings to the President for his review in making that of the Act [former 48 U.S.C. 1905(q)]. determination. SEC. 8. Supersession and Saving Provisions. (e)(1) The Secretary of State shall be responsible for (a) Subject to the provisions of Section 9 of this the conduct of United States relations with the Freely Order, prior Executive orders concerning the former Associated States, carry out related matters, and pro- Trust Territory of the Pacific Islands are hereby super- vide appropriate support to the Interagency Group, seded and rendered inapplicable, except that the au- bearing in mind the continued special relationship be- thority of the Secretary of the Interior as provided in tween the United States and the Freely Associated applicable provisions of Executive Order No. 11021, as States. amended [formerly 48 U.S.C. 1681 note], shall remain in (2) The Secretaries of Defense and Interior may, to effect, in a manner consistent with this Order and pur- the extent permitted by law, delegate any or all of suant to section 105(c)(2) of the Act [48 U.S.C. Page 217 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1902

1905(c)(2)], to terminate the trust territory government (C) Other criminal laws and discharge its responsibilities, at which time the en- tirety of Executive Order No. 11021 shall be superseded. Assistance provided pursuant to this sub- (b) Nothing in this Order shall be construed as modi- section shall also extend to, but not be lim- fying the rights or obligations of the United States ited to, prevention and prosecution of viola- under the provisions of the Compact or as affecting or tions of the laws of the United States and modifying the responsibility of the Secretary of State the laws of the Federated States of Microne- and the Attorney General to interpret the rights and sia related to terrorism, espionage, rack- obligations of the United States arising out of or con- eteer influenced and corrupt organizations, cerning the Compact. and financial transactions which advance SEC. 9. Effective Date. This Order shall become effec- tive with respect to a Freely Associated State simulta- the interests of any person engaging in un- neously with the entry into force of the Compact for lawful activities, as well as the schedule of that State. offenses set forth in Appendix A of the sub- sidiary agreement to section 175 of the Com- § 1902. Agreements with Federated States of Mi- pact. cronesia (2) Technical and training assistance (a) Law enforcement assistance Pursuant to sections 224 and 226 of the Com- (1) Agreement pact, the United States shall provide non- reimbursable technical and training assistance The President of the United States shall ne- as appropriate, including training and equip- gotiate with the Government of the Federated ment for postal inspection of illicit drugs and States of Micronesia an agreement pursuant other contraband, to enable the Government to section 175 of the Compact which is in addi- of the Federated States of Micronesia to de- tion to the Agreement pursuant to such sec- velop and adequately enforce laws of the Fed- tion dated October 1, 1982, and transmitted to erated States of Micronesia and to cooperate the Congress by the President on February 20, with the United States in the enforcement of 1985. Such additional agreement shall provide criminal laws of the United States. Funds ap- as follows: propriated pursuant to section 1905(l) of this (A) Mutual assistance in law enforcement title may be used to reimburse State or local The law enforcement agencies of the agencies providing such assistance. United States and the Federated States of (3) Consultation Micronesia shall assist one another, as mu- Any official, designated by this joint resolu- tually agreed, in the prevention and inves- tion or by the President to negotiate any tigation of crimes and the enforcement of agreement under this section, shall consult the laws of the United States and the Fed- with affected law enforcement agencies prior erated States of Micronesia specified in sub- to entering into such an agreement on behalf paragraph (C) of this paragraph. The United of the United States. States and the Federated States of Microne- (4) Report sia will authorize mutual assistance with re- spect to investigations, inquiries, audits and The President shall report annually to Con- related activities by the law enforcement gress on the implementation of this sub- agencies of both Governments in the United section. Such report shall provide statistical States and the Federated States of Microne- and other information about the incidence of sia. In conducting activities authorized in crimes in the Federated States of Micronesia accordance with this section, the United which have an impact upon United States ju- States and the Federated States of Microne- risdictions, and propose measures which the sia will act in accordance with the constitu- United States and the Federated States of Mi- tion and laws of the jurisdiction in which cronesia should take in order better to prevent such activities are conducted. and prosecute violations of the laws of the United States and the Federated States of Mi- (B) Narcotics and control of illegal sub- cronesia. The reports required under section stances 2291(e) 1 of title 22 shall include relevant infor- The United States and the Federated mation concerning the Federated States of Mi- States of Micronesia will take all reasonable cronesia. and necessary steps, as mutually agreed, (b) Economic development plans review process based upon consultations in which the At- (1) Submission torney General or other designated official of each Government participates, to prevent Notwithstanding section 211(b) of the Com- the use of the lands, waters, and facilities of pact, the President may agree to an effective the United States or the Federated States of date for the Compact pursuant to section Micronesia for the purposes of cultivation 1901(a) of this title if the Government of the of, production of, smuggling of, trafficking Federated States of Micronesia agrees to sub- in, and abuse of any controlled substance as mit economic development plans consistent defined in section 802(6) of title 21 and with section 211(b) of the Compact to the Gov- Schedules I through V of Subchapter II of ernment of the United States for concurrence the Controlled Substances Act of the Fed- at intervals no greater than every 5 years for erated States of Micronesia, or for the dis- the duration of the Compact. Any capital con- tribution of any such substance to or from struction project and any planned independent the Federated States of Micronesia or to or purchase of aircraft which is to be financed from the United States or any of its terri- tories or commonwealths. 1 See References in Text note below. § 1902 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 218

(directly or indirectly) through the use of and to such records, documents, working pa- funds provided under section 211 of the Com- pers, automated data and files, and other in- pact shall be identified in the economic devel- formation relevant to such review. opment plans. (2) GAO access to records (2) United States Government review (A) In carrying out paragraph (1), the Comp- The United States shall not concur in those troller General (and his duly authorized rep- development plans described in paragraph (1) resentatives) shall have such access to the per- of this subsection until— sonnel and (without cost) to records, docu- (A) after the President of the United ments, working papers, automated data and States has conducted a review and reported files, and other information relevant to such the findings of the President to the Con- audits. The Comptroller General may dupli- gress; and cate any such records, documents, working pa- (B) the Congress has had 30 days (excluding pers, automated data and files, or other infor- days on which both Houses of Congress are mation relevant to such audits. not in session) to review the findings of the (B) Such records, documents, working pa- President. pers, automated data and files, and other in- (3) Report formation regarding each such grant or other assistance shall be maintained for at least The President shall complete the review three years after the date such grant or assist- under paragraph (2) and shall report the find- ance was provided and in a manner that per- ings no later than 60 days after the President’s mits such grants, assistance, and payments to receipt of such plans. be accounted for distinct from any other funds (4) Views and comments of the Government of the Federated States of The report shall include the views of the Micronesia. Secretary of the Interior, the Administrator of (3) Representative status for GAO representa- the Agency for International Development, tives and the heads of such other Executive depart- The Comptroller General and his duly au- ments as the President may decide to include thorized representatives shall be accorded the in the report, as well as any comments which status set forth in Article V of Title One of the the Federated States of Micronesia may wish Compact. to have included. (4) Annual financial statements (c) Agreement on audits As part of the annual report submitted by In accordance with section 233 of the Compact, the Government of the Federated States of Mi- the President of the United States, in consulta- cronesia under section 211 of the Compact, the tion with the Comptroller General of the United Government shall include annual financial States, shall negotiate with the Government of statements which account for the use of all of the Federated States of Micronesia modifica- the funds provided by the Government of the tions to the ‘‘Agreement Concerning Procedures United States to the Government under the for the Implementation of United States Eco- Compact or otherwise. Such financial state- nomic Assistance, Programs and Services Pro- ments shall be prepared in accordance with vided in the Compact of Free Association’’, generally accepted accounting procedures, ex- which shall provide as follows: cept as may otherwise be mutually agreed. (1) General authority of the GAO to audit Not later than 180 days after the end of the United States fiscal year with respect to (A) The Comptroller General of the United which such funds were provided, each such States (and his duly authorized representa- statement shall be submitted to the President tives) shall have the authority to audit— for audit and transmission to the Congress. (i) all grants, program assistance, and other assistance provided to the Government (5) ‘‘Audits’’ defined of the Federated States of Micronesia under As used in this subsection, the term ‘‘au- Articles I and II of Title Two of the Com- dits’’ includes financial, program, and man- pact; and agement audits, including determining— (ii) any other assistance provided by the (A) whether the Government of the Fed- Government of the United States to the Gov- erated States of Micronesia has met the re- ernment of the Federated States of Microne- quirements set forth in the Compact, or any sia. related agreement entered into under the Compact, regarding the purposes for which Such authority shall include authority for the such grants and other assistance are to be Comptroller General to conduct or cause to be used; and conducted any of the audits provided for in (B) the propriety of the financial trans- section 233 of the Compact. The authority pro- actions of the Government of the Federated vided in this paragraph shall continue for at States of Micronesia pursuant to such grants least three years after the last such grant has or assistance. been made or assistance has been provided. (B) The Comptroller General (and his duly (6) Cooperation by Federated States of Micro- authorized representatives) shall also have au- nesia thority to review any audit conducted by or on The Government of the Federated States of behalf of the Government of the United Micronesia will cooperate fully with the States. In this connection, the Comptroller Comptroller General of the United States in General shall have access to such personnel the conduct of such audits as the Comptroller Page 219 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903

General determines necessary to enable the States and the Marshall Islands. In conduct- Comptroller General to fully discharge his re- ing activities authorized in accordance with sponsibilities under this joint resolution. this section, the United States and the Mar- (Pub. L. 99–239, title I, § 102, Jan. 14, 1986, 99 Stat. shall Islands will act in accordance with the 1775.) constitution and laws of the jurisdiction in which such activities are conducted. REFERENCES IN TEXT (B) Narcotics and control of illegal sub- The Compact, referred to in text, is the Compact of stances Free Association between the Government of the The United States and the Marshall Is- United States and the Governments of the Marshall Is- lands and the Federated States of Micronesia, which is lands will take all reasonable and necessary contained in section 201 of Pub. L. 99–239, as amended, steps, as mutually agreed, based upon con- set out as a note under section 1901 of this title. sultations in which the Attorney General or This joint resolution, referred to in subsecs. (a)(3) and other designated official of each Government (c)(6), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as participates, to prevent the use of the lands, amended, known as the Compact of Free Association waters, and facilities of the United States or Act of 1985, which is classified principally to this part the Marshall Islands for the purposes of cul- and chapter 19 (§ 2001 et seq.) of this title. For complete tivation of, production of, smuggling of, classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. trafficking in, and abuse of any controlled Section 2291(e) of title 22, referred to in subsec. (a)(4), substance as defined in section 802(6) of title was repealed and section 2291(i) of title 22, relating to 21 and Schedules I through V of Subchapter definitions, was redesignated section 2291(e) by Pub. L. II of the Controlled Substances Act of the 102–583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. See sec- Marshall Islands, or for the distribution of tions 2291h and 2291i of Title 22, Foreign Relations and any such substance to or from the Marshall Intercourse. Islands or to or from the United States or For Oct. 21, 1986, as the effective date of the Compact any of its territories or commonwealths. of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free As- (C) Other criminal laws sociation with the Federated States of Micronesia, re- Assistance provided pursuant to this sub- ferred to in subsec. (b)(1), see Proc. No. 5564, Nov. 3, section shall also extend to, but not be lim- 1986, 51 F.R. 40399, set out as a note under section 1801 ited to, prevention and prosecution of viola- of this title. tions of the laws of the United States and CODIFICATION the laws of the Marshall Islands related to Section was formerly set out as a note under section terrorism, espionage, racketeer influenced 1681 of this title. and corrupt organizations, and financial transactions which advance the interests of TERMINATION OF REPORTING REQUIREMENTS any person engaging in unlawful activities, For termination, effective May 15, 2000, of provisions as well as the schedule of offenses set forth of law requiring submittal to Congress of any annual, in Appendix A of the subsidiary agreement semiannual, or other regular periodic report listed in to section 175 of the Compact. House Document No. 103–7 (in which reports required under subsecs. (a)(4) and (c)(4) of this section are listed (2) Technical and training assistance as the 12th and last items on page 37), see section 3003 Pursuant to sections 224 and 226 of the Com- of Pub. L. 104–66, as amended, set out as a note under pact, the United States shall provide non- section 1113 of Title 31, Money and Finance. reimbursable technical and training assistance § 1903. Agreements with and other provisions re- as appropriate, including training and equip- lated to Marshall Islands ment for postal inspection of illicit drugs and other contraband, to enable the Government (a) Law enforcement assistance of the Marshall Islands to develop and ade- (1) Agreement quately enforce laws of the Marshall Islands The President of the United States shall ne- and to cooperate with the United States in the gotiate with the Government of the Marshall enforcement of criminal laws of the United Islands an agreement pursuant to section 175 States. Funds appropriated pursuant to sec- l of the Compact which is in addition to the tion 1905( ) of this title may be used to reim- Agreement pursuant to such section dated burse State or local agencies providing such May 30, 1982, and transmitted to the Congress assistance. by the President on February 20, 1985. Such ad- (3) Consultation ditional agreement shall provide as follows: Any official, designated by this joint resolu- (A) Mutual assistance in law enforcement tion or by the President to negotiate any agreement under this section, shall consult The law enforcement agencies of the with affected law enforcement agencies prior United States and the Marshall Islands shall to entering into such an agreement on behalf assist one another, as mutually agreed, in of the United States. the prevention and investigation of crimes and the enforcement of the laws of the (4) Report United States and the Marshall Islands spec- The President shall report annually to Con- ified in subparagraph (C) of this paragraph. gress on the implementation of this sub- The United States and the Marshall Islands section. Such report shall provide statistical will authorize mutual assistance with re- and other information about the incidence of spect to investigations, inquiries, audits and crimes in the Marshall Islands which have an related activities by the law enforcement impact upon United States jurisdictions, and agencies of both Governments in the United propose measures which the United States and § 1903 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 220

the Marshall Islands should take in order bet- (2) If the impediments described in paragraph ter to prevent and prosecute violations of the (1) do arise, the United States will cooperate laws of the United States and the Marshall Is- with the Government of the Marshall Islands in lands. The reports required under section assisting any person adversely affected by such 2291(e) 1 of title 22 shall include relevant infor- judicial determination to remain on Ejit, or in mation concerning the Marshall Islands. locating suitable and acceptable alternative (b) Economic development plans review process lands for such person’s use. (3) Paragraph (1) shall not be applied in a man- (1) Submission ner which would prevent the Government of the Notwithstanding section 211(b) of the Com- Marshall Islands from acting in accordance with pact, the President may agree to an effective its constitutional processes to resolve title and date for the Compact pursuant to section ownership claims with respect to such lands or 1901(b) of this title if the Government of the from taking substitute or additional measures Marshall Islands agrees to submit economic to meet the needs of the people of Bikini with development plans consistent with section their democratically expressed consent and ap- 211(b) of the Compact to the Government of proval. the United States for concurrence at intervals (d) Kwajalein payments no greater than every 5 years for the duration of the Compact. Any capital construction (1) Statement of policy project and any planned independent purchase The Congress of the United States hereby de- of aircraft which is to be financed (directly or clares that it is the policy of the United States indirectly) through the use of funds provided that payment of funds by the Government of under section 211 of the Compact shall be iden- the Marshall Islands to the landowners of tified in the economic development plans. Kwajalein Atoll in accordance with the land (2) United States Government review use agreement dated October 19, 1982, and the related allocation agreements, is required in The United States shall not concur in those order to ensure that the Government of the development plans described in paragraph (1) United States will be able to fulfill its obliga- of this subsection until— tions and responsibilities under Title Three of (A) after the President of the United the Compact and the subsidiary agreements States has conducted a review and reported concluded pursuant thereto. the findings of the President to the Con- gress; and (2) Failure to pay (B) the Congress has had 30 days (excluding In the event that the Government of the days on which both Houses of Congress are Marshall Islands fails to make payments in ac- not in session) to review the findings of the cordance with paragraph (1) of this subsection, President. the Government of the United States shall ini- (3) Report tiate procedures under Section 313 of the Com- pact and consult with the Government of the The President shall complete the review Marshall Islands with respect to the basis for under paragraph (2) and shall report the find- such non-payment of funds. The United States ings no later than 60 days after the President’s shall expeditiously resolve the matter of any receipt of such plans. non-payment of funds as described in para- (4) Views and comments graph (1) of this subsection pursuant to Sec- The report shall include the views of the tion 313 of the Compact and the authority and Secretary of the Interior, the Administrator of responsibility of the Government of the the Agency for International Development, United States for security and defense matters and the heads of such other Executive depart- in or relating to the Marshall Islands. This ments as the President may decide to include paragraph shall be enforced, as may be nec- in the report, as well as any comments which essary, in accordance with section 1905(g)(2) of the Marshall Islands may wish to have in- this title. cluded. (3) Assistance (c) Ejit The President is hereby authorized to make (1) The President of the United States shall loans and grants to the Government of the negotiate with the Government of the Marshall Marshall Islands for the sole use of the Kwaja- Islands an agreement whereby, without preju- lein Atoll Development Authority for the ben- dice as to any claims which have been or may be efit of the Kwajalein landowners of amounts asserted by any party as to rightful title and sought by such authority for development pur- ownership of any lands on Ejit, the Government poses, pursuant to a development plan for of the Marshall Islands shall assure that lands Kwajalein Atoll which such authority has on Ejit used as of January 1, 1985, by the people adopted in accordance with applicable laws of of Bikini, will continue to be available without the Marshall Islands. Such loans and grants charge for their use, until such time as Bikini is shall be subject to such other terms and condi- restored and inhabitable and the continued use tions as the President, in his discretion, may of Ejit is no longer necessary, unless a Marshall determine appropriate and necessary. Islands court of competent jurisdiction finally (e) Section 177 Agreement determines that there are legal impediments to (1) In furtherance of the purposes of Article I continued use of Ejit by the people of Bikini. of the Subsidiary Agreement for Implementa- tion of Section 177 of the Compact, the payment 1 See References in Text note below. of the amount specified therein shall be made by Page 221 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 the United States under Article I of the Agree- amounts shall be paid out of proceeds from the ment between the Government of the United fund established under Article I, section 1 of the States and the Government of the Marshall Is- subsidiary agreement for the implementation of lands for the Implementation of Section 177 of section 177 of the Compact. The amounts speci- the Compact (hereafter in this subsection re- fied in this subsection shall be in addition to ferred to as the ‘‘Section 177 Agreement’’) only any amounts which may be awarded to claim- after the Government of the Marshall Islands ants pursuant to Article IV of the subsidiary has notified the President of the United States agreement for the implementation of Section 177 as to which investment management firm has of the Compact. been selected by such Government to act as (g) Espousal provisions Fund Manager under Article I of the Section 177 Agreement. (1) It is the intention of the Congress of the (2) In the event that the President determines United States that the provisions of section 177 that an investment management firm selected of the Compact of Free Association and the by the Government of the Marshall Islands does Agreement between the Government of the not meet the requirements specified in Article I United States and the Government of the Mar- of the Section 177 Agreement, the United States shall Islands for the Implementation of Section shall invoke the conference and dispute resolu- 177 of the Compact (hereafter in this subsection tion procedures of Article II of Title Four of the referred to as the ‘‘Section 177 Agreement’’) con- Compact. Pending the resolution of such a dis- stitute a full and final settlement of all claims pute and until a qualified Fund Manager has described in Articles X and XI of the Section 177 been designated, the Government of the Mar- Agreement, and that any such claims be termi- shall Islands shall place the funds paid by the nated and barred except insofar as provided for United States pursuant to Article I of the Sec- in the Section 177 Agreement. tion 177 Agreement into an interest-bearing es- (2) In furtherance of the intention of Congress crow account. Upon designation of a qualified as stated in paragraph (1) of this subsection, the Fund Manager, all funds in the escrow account Section 177 Agreement is hereby ratified and ap- shall be transferred to the control of such Fund proved. It is the explicit understanding and in- Manager for management pursuant to the Sec- tent of Congress that the jurisdictional limita- tion 177 Agreement. tions set forth in Article XII of such Agreement (3) If the Government of the Marshall Islands are enacted solely and exclusively to accomplish determines that some other investment firm the objective of Article X of such Agreement should act as Fund Manager in place of the firm and only as a clarification of the effect of Arti- first (or subsequently) selected by such Govern- cle X, and are not to be construed or imple- ment, the Government of the Marshall Islands mented separately from Article X. shall so notify the President of the United (h) DOE radiological health care program; USDA States, identifying the firm selected by such agricultural and food programs Government to become Fund Manager, and the President shall proceed to evaluate the quali- (1) Marshall Islands program fications of such identified firm. Notwithstanding any other provision of law, (4) At the end of 15 years after the effective upon the request of the Government of the date of the Compact, the firm then acting as Marshall Islands, the President (either Fund Manager shall transfer to the Government through an appropriate department or agency of the Marshall Islands, or to such account as of the United States or by contract with a such Government shall so notify the Fund Man- United States firm) shall continue to provide ager, all remaining funds and assets being man- special medical care and logistical support aged by the Fund Manager under the Section 177 thereto for the remaining 174 members of the Agreement. population of Rongelap and Utrik who were (5) An annual report concerning all actions of exposed to radiation resulting from the 1954 the Fund Manager pursuant to the Section 177 United States thermonuclear ‘‘Bravo’’ test, Agreement and this joint resolution, including pursuant to Public Laws 95–134 and 96–205. information prepared by the Fund Manager, Such medical care and its accompanying logis- shall be transmitted by the Government of the tical support shall total $22,500,000 over the Marshall Islands to the Congress. Such report first 11 years of the Compact. shall include such information (whether re- (2) Agricultural and food programs ceived from the Fund Manager or any other source) as relates to the disbursements provided Notwithstanding any other provision of law, for in Article II of the Section 177 Agreement. upon the request of the Government of the Such report shall be made public. Marshall Islands, for the first fifteen years after the effective date of the Compact, the (f) Nuclear test effects President (either through an appropriate de- In approving the Compact, the Congress un- partment or agency of the United States or by derstands and intends that the peoples of Bikini, contract with a United States firm or by a Enewetak, Rongelap, and Utrik, who were af- grant to the Government of the Republic of fected by the United States nuclear weapons the Marshall Islands which may further con- testing program in the Marshall Islands, will re- tract only with a United States firm or a Re- ceive the amounts of $75,000,000 (Bikini); public of the Marshall Islands firm, the own- $48,750,000 (Enewetak),2 $37,500,000 (Rongelap); ers, officers and majority of the employees of and $22,500,000 (Utrik), respectively, which which are citizens of the United States or the Republic of the Marshall Islands) shall provide 2 So in original. The comma probably should be a semicolon. technical and other assistance— § 1903 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 222

(A) without reimbursement, to continue cludes that the data are inadequate to support the planting and agricultural maintenance such conclusions as to habitability or that such program on Enewetak; conclusions as to habitability are not fully sup- (B) without reimbursement, to continue ported by the data, the Government of the Mar- the food programs of the Bikini, Rongelap, shall Islands shall contract with an appropriate Utrik, and Enewetak people described in sec- scientist or group of scientists to undertake a tion 1(d) of Article II of the Subsidiary complete survey of radiation and other effects of Agreement for the Implementation of Sec- the nuclear testing program relating to the hab- tion 177 of the Compact and for continued itability of Rongelap Island. Such sums as are waterborne transportation of agricultural necessary for such survey and report concerning products to Enewetak including operations the results thereof and as to steps needed to re- and maintenance of the vessel used for such store the habitability of Rongelap Island are au- purposes. The President shall ensure the as- thorized to be made available to the Govern- sistance provided under these programs re- ment of the Marshall Islands. flects the changes in the population since (3) It is the intent of Congress that such steps the inception of such programs. (if any) as are necessary to restore the habit- (3) Payments ability of Rongelap Island and return the Payments under this subsection shall be pro- Rongelap people to their homeland will be taken vided to such extent or in such amounts as are by the United States in consultation with the necessary for services and other assistance Government of the Marshall Islands and, in ac- provided pursuant to this subsection. It is the cordance with its authority under the Constitu- sense of Congress that after the periods of tion of the Marshall Islands, the Rongelap local time specified in paragraphs (1) and (2) of this government council. subsection, consideration will be given to such (j) Four atoll health care program additional funding for these programs as may (1) Services provided by the United States be necessary. Public Health Service or any other United (i) Rongelap States agency pursuant to section 1(a) of Article (1) Because Rongelap was directly affected by II of the Agreement for the Implementation of fallout from a 1954 United States thermonuclear Section 177 of the Compact (hereafter in this test and because the Rongelap people remain un- subsection referred to as the ‘‘Section 177 Agree- convinced that it is safe to continue to live on ment’’) shall be only for services to the people of Rongelap Island, it is the intent of Congress to the Atolls of Bikini, Enewetak, Rongelap, and take such steps (if any) as may be necessary to Utrik who were affected by the consequences of overcome the effects of such fallout on the hab- the United States nuclear testing program, pur- itability of Rongelap Island, and to restore suant to the program described in Public Law Rongelap Island, if necessary, so that it can be 95–134 and Public Law 96–205 and their descend- safely inhabited. Accordingly, it is the expecta- ants (and any other persons identified as having tion of the Congress that the Government of the been so affected if such identification occurs in Marshall Islands shall use such portion of the the manner described in such public laws). Noth- funds specified in Article II, section 1(e) of the ing in this subsection shall be construed as prej- subsidiary agreement for the implementation of udicial to the views or policies of the Govern- section 177 of the Compact as are necessary for ment of the Marshall Islands as to the persons the purpose of contracting with a qualified sci- affected by the consequences of the United entist or group of scientists to review the data States nuclear testing program. collected by the Department of Energy relating (2) At the end of the first year after the effec- to radiation levels and other conditions on tive date of the Compact and at the end of each Rongelap Island resulting from the thermo- year thereafter, the providing agency or agen- nuclear test. It is the expectation of the Con- cies shall return to the Government of the Mar- gress that the Government of the Marshall Is- shall Islands any unexpended funds to be re- lands, after consultation with the people of turned to the Fund Manager (as described in Ar- Rongelap, shall select the party to review such ticle I of the Section 177 Agreement) to be cov- data, and shall contract for such review and for ered into the Fund to be available for future use. (3) The Fund Manager shall retain the funds submission of a report to the President of the returned by the Government of the Marshall Is- United States and the Congress as to the results lands pursuant to paragraph (2) of this sub- thereof. (2) The purpose of the review referred to in section, shall invest and manage such funds, and paragraph (1) of this subsection shall be to es- at the end of 15 years after the effective date of tablish whether the data cited in support of the the Compact, shall make from the total amount conclusions as to the habitability of Rongelap so retained and the proceeds thereof annual dis- Island, as set forth in the Department of Energy bursements sufficient to continue to make pay- report entitled: ‘‘The Meaning of Radiation for ments for the provision of health services as Those Atolls in the Northern Part of the Mar- specified in paragraph (1) of this subsection to shall Islands That Were Surveyed in 1978’’, dated such extent as may be provided in contracts be- November 1982, are adequate and whether such tween the Government of the Marshall Islands conclusions are fully supported by the data. If and appropriate United States providers of such the party reviewing the data concludes that health services. such conclusions as to habitability are fully sup- (k) Enjebi Community Trust Fund ported by adequate data, the report to the Presi- Notwithstanding any other provision of law, dent of the United States and the Congress shall the Secretary of the Treasury shall establish on so state. If the party reviewing the data con- the books of the Treasury of the United States Page 223 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1903 a fund having the status specified in Article V of (4) Resettlement of other location the subsidiary agreement for the implementa- In the event that the United States deter- tion of Section 177 of the Compact, to be known mines that within 25 years of January 14, 1986, as the ‘‘Enjebi Community Trust Fund’’ (here- the people of Enjebi cannot resettle Enjebi after in this subsection referred to as the without exceeding the radiation standards set ‘‘Fund’’), and shall credit to the Fund the forth in paragraph (2) of this subsection, then amount of $7,500,000. Such amount, which shall the fund manager shall be directed by the be ex gratia, shall be in addition to and not trust instrument to distribute the Fund to the charged against any other funds provided for in people of Enjebi for their resettlement at some the Compact and its subsidiary agreements, this other location in accordance with a plan, de- joint resolution, or any other Act. Upon receipt veloped by the Enewetak Local Government by the President of the United States of the Council and the people of Enjebi and con- agreement described in this subsection, the Sec- curred with by the Government of the Mar- retary of the Treasury, upon request of the Gov- shall Islands, to assure consistency with the ernment of the Marshall Islands, shall transfer government’s overall economic development the Fund to the Government of the Marshall Is- plan. lands, provided that the Government of the Mar- shall Islands agrees as follows: (5) Interest from Fund (1) Enjebi trust agreement Prior to and during the distribution of the The Government of the Marshall Islands and corpus of the Fund pursuant to paragraphs (3) the Enewetak Local Government Council, in and (4) of this subsection, the people of Enjebi consultation with the people of Enjebi, shall may, if they so request, receive the interest provide for the creation of the Enjebi Commu- earned by the Fund on no less frequent a basis nity Trust Fund and the employment of the than quarterly. manager of the Enewetak Fund established (6) Disclaimer of liability pursuant to the Section 177 Agreement as Neither under the laws of the Marshall Is- trustee and manager of the Enjebi Community lands nor under the laws of the United States, Trust Fund, or, should the manager of the shall the Government of the United States be Enewetak Fund not be acceptable to the peo- liable for any loss or damage to person or ple of Enjebi, another United States invest- property in respect to the resettlement of ment manager with substantial experience in Enjebi by the people of Enjebi, pursuant to the the administration of trusts and with funds provision of this subsection or otherwise. under management in excess of 250 million dollars. (l) Bikini Atoll cleanup (2) Monitor conditions (1) Declaration of policy Upon the request of the Government of the The Congress hereby determines and de- Marshall Islands, the United States shall mon- clares that it is the policy of the United itor the radiation and other conditions on States, to be supported by the full faith and Enjebi and within one year of receiving such a credit of the United States, that because the request shall report to the Government of the United States, through its nuclear testing and Marshall Islands when the people of Enjebi other activities, rendered Bikini Atoll unsafe may resettle Enjebi under circumstances for habitation by the people of Bikini, the where the radioactive contamination at United States will fulfill its responsibility for Enjebi, including contamination derived from restoring Bikini Atoll to habitability, as set consumption of locally grown food products, forth in paragraphs (2) and (3) of this sub- can be reduced or otherwise controlled to meet section. whole body Federal radiation protection standards for the general population, includ- (2) Cleanup funds ing mean annual dose and mean 30-year cumu- There are hereby authorized to be appro- lative dose standards. priated such sums as are necessary to imple- (3) Resettlement of Enjebi ment the settlement agreement of March 15, 1985, in The People of Bikini, et al. against In the event that the United States deter- United States of America, et al., Civ. No. mines that the people of Enjebi can within 25 84–0425 (D. Ha.). years of January 14, 1986, resettle Enjebi under the conditions set forth in paragraph (2) of (3) Conditions of funding this subsection, then upon such determination The funds referred to in paragraph (2) shall there shall be available to the people of Enjebi be made available pursuant to Article VI, Sec- from the Fund such amounts as are necessary tion 1 of the Compact Section 177 Agreement for the people of Enjebi to do the following, in upon completion of the events set forth in the accordance with a plan developed by the settlement agreement referred to in paragraph Enewetak Local Government Council and the (2) of this subsection. people of Enjebi, and concurred with by the Government of the Marshall Islands to assure (m) Agreement on audits consistency with the government’s overall In accordance with section 233 of the Compact, economic development plan: the President of the United States, in consulta- (A) Establish a community on Enjebi Is- tion with the Comptroller General of the United land for the use of the people of Enjebi. States, shall negotiate with the Government of (B) Replant Enjebi with appropriate food- the Marshall Islands an agreement which shall bearing and other vegetation. provide as follows: § 1903 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 224

(1) General authority of GAO to audit mitted to the President for audit and trans- (A) The Comptroller General of the United mission to the Congress. States (and his duly authorized representa- (5) ‘‘Audits’’ defined tives) shall have the authority to audit— As used in this subsection, the term ‘‘au- (i) all grants, program assistance, and dits’’ includes financial, program, and man- other assistance provided to the Government agement audits, including determining— of the Marshall Islands under Articles I and (A) whether the Government of the Mar- II of Title Two of the Compact; and shall Islands has met the requirements set (ii) any other assistance provided by the forth in the Compact, or any related agree- Government of the United States to the Gov- ment entered into under the Compact, re- ernment of the Marshall Islands. garding the purposes for which such grants and other assistance are to be used; and Such authority shall include authority for the (B) the propriety of the financial trans- Comptroller General to conduct or cause to be actions of the Government of the Marshall conducted any of the audits provided for in Islands pursuant to such grants or assist- section 233 of the Compact. The authority pro- ance. vided in this paragraph shall continue for at (6) Cooperation by Marshall Islands least three years after the last such grant has been made or assistance has been provided. The Government of the Marshall Islands will (B) The Comptroller General (and his duly cooperate fully with the Comptroller General authorized representatives) shall also have au- of the United States in the conduct of such au- thority to review any audit conducted by or on dits as the Comptroller General determines behalf of the Government of the United necessary to enable the Comptroller General States. In this connection, the Comptroller to fully discharge his responsibilities under General shall have access to such personnel this joint resolution. and to such records, documents, working pa- (Pub. L. 99–239, title I, § 103, Jan. 14, 1986, 99 Stat. pers, automated data and files, and other in- 1778; Pub. L. 100–446, title I, § 115, Sept. 27, 1988, formation relevant to such review. 102 Stat. 1802; Pub. L. 102–247, title III, § 304, Feb. (2) GAO access to records 24, 1992, 106 Stat. 39; Pub. L. 105–209, § 2, July 29, 1998, 112 Stat. 880.) (A) In carrying out paragraph (1), the Comp- troller General (and his duly authorized rep- REFERENCES IN TEXT resentatives) shall have such access to the per- The Compact, referred to in text, is the Compact of sonnel and (without cost) to records, docu- Free Association between the Government of the ments, working papers, automated data and United States and the Governments of the Marshall Is- files, and other information relevant to such lands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, as amended, audits. The Comptroller General may dupli- set out as a note under section 1901 of this title. cate any such records, documents, working pa- This joint resolution, referred to in subsecs. (a)(3), pers, automated data and files, or other infor- (e)(5), (k), and (m)(6), is Pub. L. 99–239, Jan. 14, 1986, 99 mation relevant to such audits. Stat. 1770, as amended, known as the Compact of Free (B) Such records, documents, working pa- Association Act of 1985, which is classified principally pers, automated data and files, and other in- to this part and chapter 19 (§ 2001 et seq.) of this title. formation regarding each such grant or other For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title assistance shall be maintained for at least and Tables. three years after the date such grant or assist- Section 2291(e) of title 22, referred to in subsec. (a)(4), ance was provided and in a manner that per- was repealed and section 2291(i) of title 22, relating to mits such grants, assistance, and payments to definitions, was redesignated section 2291(e) by Pub. L. be accounted for distinct from any other funds 102–583, § 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932. See sec- of the Government of the Marshall Islands. tions 2291h and 2291i of Title 22, Foreign Relations and Intercourse. (3) Representative status for GAO representa- For Oct. 21, 1986, as the effective date of the Compact tives of Free Association with the Marshall Islands, and Nov. 3, 1986, as the effective date of the Compact of Free As- The Comptroller General and his duly au- sociation with the Federated States of Micronesia, re- thorized representatives shall be accorded the ferred to in subsecs. (b)(1), (e)(4), (h)(2), and (j)(2), (3), status set forth in Article V of Title One of the see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as Compact. a note under section 1801 of this title. Public Law 95–134, referred to in subsecs. (h)(1) and (4) Annual financial statements (j)(1), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, as As part of the annual report submitted by amended, popularly known as the Omnibus Territories the Government of the Marshall Islands under Act of 1977. For complete classification of this Act to section 211 of the Compact, the Government the Code, see Tables. Public Law 96–205, referred to in subsecs. (h)(1) and shall include annual financial statements (j)(1), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84, as which account for the use of all of the funds amended. For complete classification of this Act to the provided by the Government of the United Code, see Tables. States to the Government under the Compact CODIFICATION or otherwise. Such financial statements shall be prepared in accordance with generally ac- Section was formerly set out as a note under section cepted accounting procedures, except as may 1681 of this title. otherwise be mutually agreed. Not later than AMENDMENTS 180 days after the end of the United States fis- 1998—Subsec. (h)(2). Pub. L. 105–209, § 2(1), substituted cal year with respect to which such funds were ‘‘fifteen years’’ for ‘‘ten years’’ in introductory provi- provided, each such statement shall be sub- sions. Page 225 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1904

Subsec. (h)(2)(B). Pub. L. 105–209, § 2(2), inserted at ‘‘(2) a schedule for the periodic comprehensive sur- end ‘‘The President shall ensure the assistance pro- vey and analysis of the radiological status of the vided under these programs reflects the changes in the atolls to and at appropriate intervals, but not less population since the inception of such programs.’’ frequently than once every five years, the develop- 1992—Subsec. (h)(2). Pub. L. 102–247 substituted ‘‘ten ment of an updated radiation dose assessment, to- years’’ for ‘‘five years’’ in introductory provisions. gether with an estimate of the risks associated with 1988—Subsec. (h)(2). Pub. L. 100–446, in introductory the predicted human exposure, for each such atoll; provisions, inserted ‘‘or by a grant to the Government and of the Republic of the Marshall Islands which may fur- ‘‘(3) an education and information program to en- ther contract only with a United States firm or a Re- able the people of such atolls to more fully under- public of the Marshall Islands firm, the owners, officers stand nuclear radiation and its effects; and majority of the employees of which are citizens of ‘‘(b)(1) The Secretary shall submit the plan to the Congress no later than January 1, 1981, together with the United States or the Republic of the Marshall Is- his recommendations, if any, for further legislation. lands’’ after ‘‘United States firm’’ and, in subpar. (B), The plan shall set forth the specific agencies respon- inserted ‘‘, Rongelap, Utrik,’’ after ‘‘Bikini’’. sible for implementing the various elements of the TERMINATION OF REPORTING REQUIREMENTS plan. With respect to general health care the Secretary shall consider, and shall include in his recommenda- For termination, effective May 15, 2000, of provisions tions, the feasibility of using the Public Health Serv- of law requiring submittal to Congress of any annual, ice. After consultation with the Chairman of the Na- semiannual, or other regular periodic report listed in tional Academy of Sciences, the Secretary of Energy, House Document No. 103–7 (in which reports required the Secretary of Defense, and the Secretary of Health under subsecs. (a)(4), (e)(5), and (m)(4) of this section and Human Services, the Secretary shall establish a are listed, respectively, as the 2nd item on page 38, the scientific advisory committee to review and evaluate 16th item on page 115, and the 12th item on page 37), see the implementation of the plan and to make such rec- section 3003 of Pub. L. 104–66, as amended, set out as a ommendations for its improvement as such committee note under section 1113 of Title 31, Money and Finance. deems advisable. ‘‘(2) At the request of the Secretary, any Federal TAX EXEMPTION FOR ENJEBI COMMUNITY TRUST FUND agency shall provide such information, personnel, fa- Pub. L. 100–647, title VI, § 6136, Nov. 10, 1988, 102 Stat. cilities, logistical support, or other assistance as the 3723, provided that: Secretary deems necessary to carry out the functions ‘‘(a) IN GENERAL.—Any earnings on, and distributions of this program; the costs of all such assistance shall be from, the Enjebi Community Trust Fund created under reimbursed to the provider thereof out of the sums ap- section 103 of the Compact of Free Association Act of propriated pursuant to this section. 1985 [48 U.S.C. 1903] shall be exempt from all Federal, ‘‘(3) All costs associated with the development and State, or local taxation. implementation of the plan shall be assumed by the Secretary of Energy and effective October 1, 1980, there ‘‘(b) EFFECTIVE DATE.—The provisions of subsection are authorized to be appropriated to the Secretary of (a) shall apply to all taxable years whether beginning Energy such sums as may be necessary to achieve the before, on, or after the date of the enactment of this purposes of this section. Act [Nov. 10, 1988].’’ ‘‘(c) The Secretary shall report to the appropriate MEDICAL CARE AND TREATMENT AND ENVIRONMENTAL committees of the Congress, and to the people of the af- RESEARCH AND MONITORING PROGRAM FOR INHAB- fected atolls annually, or more frequently if necessary, ITANTS OF BIKINI, ETC., ATOLLS FOR INJURY, ILLNESS, on the implementation of the plan. Each such report OR CONDITION RESULTING FROM NUCLEAR WEAPONS shall include a description of the health status of the individuals examined and treated under the plan, an TESTING BY UNITED STATES; IMPLEMENTATION PLAN evaluation by the scientific advisory committee, and AND REPORT any recommendations for improvement of the plan. Pub. L. 95–134, title I, § 106, as added by Pub. L. 96–205, The first such report shall be submitted not later than title I, § 102, Mar. 12, 1980, 94 Stat. 84; amended by Pub. January 1, 1982.’’ L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, pro- Pub. L. 98–213, § 8, Dec. 8, 1983, 97 Stat. 1460, provided vided that: that: ‘‘The Secretary of the Interior is directed to im- ‘‘(a) In addition to any other payments or benefits plement the health care program required by section provided by law to compensate inhabitants of the atolls 106 of Public Law 95–134 (91 Stat. 1159) [set out above] of Bikini, Enewetak, Rongelap, and Utirik, in the Mar- for the populations of the four atolls in the Marshall Is- shall Islands, for radiation exposure or other losses sus- lands identified in such section immediately upon en- tained by them as a result of the United States nuclear actment of this section and shall promptly notify the weapons testing program at or near their atolls during Committee on Interior and Insular Affairs and the the period 1946 to 1958, the Secretary of the Interior Committee on Appropriations of the House of Rep- (hereinafter in this section referred to as the ‘Sec- resentatives and the Committee on Energy and Natural retary’) shall provide for the people of the atolls of Bi- Resources and the Committee on Appropriations of the kini, Enewetak, Rongelap, and Utirik and for the peo- Senate if he finds that the populations of other atolls ple of such other atolls as may be found to be or to should be included in the program setting forth the have been exposed to radiation from the nuclear weap- basis for his finding and the estimated cost of extension ons testing program, a program of medical care and of the program. The Secretary of Energy shall transmit treatment and environmental research and monitoring annually to the Committees on Interior and Insular Af- for any injury, illness, or condition which may be the fairs [now Committee on Natural Resources] and Ap- result directly or indirectly of such nuclear weapons propriations of the House of Representatives and the testing program. The program shall be implemented ac- Committees on Energy and Natural Resources and Ap- cording to a plan developed by the Secretary in con- propriations of the Senate together with the proposed sultation with the Secretaries of Defense, Energy, and budget for the next fiscal year, a description of the pro- Health and Human Services and with the direct in- gram and the estimated costs for implementation to- volvement of representatives from the people of each of gether with any recommendations which he may have the affected atolls and from the government of the for improvements in such program.’’ Marshall Islands. The plan shall set forth, as appro- priate to the situation, condition, and needs of the indi- § 1904. Interpretation of and United States policy vidual atoll peoples: regarding Compact of Free Association ‘‘(1) an integrated, comprehensive health care pro- (a) Human rights gram including primary, secondary, and tertiary care with special emphasis upon the biological effects of In approving the Compact, the Congress notes ionizing radiation; the conclusion in the Statement of Intent of the § 1904 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 226

Report of The Future Political Status Commis- of the United States territories or common- sion of the Congress of Micronesia in July, 1969, wealths or the State of Hawaii may report to that ‘‘our recommendation of a free associated the Secretary of the Interior by February 1 of state is indissolubly linked to our desire for each year with respect to the impacts of the such a democratic, representative, constitu- compacts of free association on the Governor’s tional government’’ and notes that such desire respective jurisdiction. The Secretary of the and intention are reaffirmed and embodied in Interior shall review and forward any such re- the Constitutions of the Federated States of Mi- ports to the Congress with the comments of cronesia and the Marshall Islands. The Congress the Administration. The Secretary of the Inte- also notes and specifically endorses the pre- rior shall, either directly or, subject to avail- amble to the Compact, which affirms that the able technical assistance funds, through a governments of the parties to the Compact are grant to the affected jurisdiction, provide for founded upon respect for human rights and fun- a census of Micronesians at intervals no great- damental freedoms for all. The Secretary of er than 5 years from each decennial United State shall include in the annual reports on the States census using generally acceptable sta- status of internationally recognized human tistical methodologies for each of the impact rights in foreign countries, which are submitted jurisdictions where the Governor requests to the Congress pursuant to sections 116 and such assistance, except that the total expendi- 502B of the Foreign Assistance Act of 1961 [22 tures to carry out this sentence may not ex- U.S.C. 2151n, 2304], a full and complete report re- ceed $300,000 in any year. Reports submitted garding the status of internationally recognized pursuant to this paragraph (hereafter in this human rights in the Federated States of Micro- subsection referred to as ‘‘reports’’) shall iden- nesia and the Marshall Islands. tify any adverse consequences resulting from (b) Immigration the Compact and shall make recommendations The rights of a bona fide naturalized citizen of for corrective action to eliminate those conse- the Marshall Islands or the Federated States of quences. The reports shall pay particular at- Micronesia to enter the United States, to law- tention to matters relating to trade, taxation, fully engage therein in occupations, and to es- immigration, labor laws, minimum wages, so- tablish residence therein as a non-immigrant, cial systems and infrastructure, and environ- pursuant to the provisions of section 141(a)(3) of mental regulation. With regard to immigra- the Compact, shall not extend to any such natu- tion, the reports shall include statistics con- ralized citizen with respect to whom circum- cerning the number of persons availing them- stances associated with the acquisition of the selves of the rights described in section 141(a) status of a naturalized citizen are such as to of the Compact during the year covered by allow a reasonable inference, on the part of ap- each report. With regard to trade, the reports propriate officials of the United States and sub- shall include an analysis of the impact on the ject to United States procedural requirements, economy of American Samoa resulting from that such naturalized status was acquired pri- imports of canned tuna into the United States marily in order to obtain such rights. from the Federated States of Micronesia and (c) Nonalienation of lands the Marshall Islands. The Congress endorses and encourages the (3) Other views maintenance of the policies of the Government In preparing the reports, the President shall of the Federated States of Micronesia and the request the views of the Government of the Government of the Marshall Islands to regulate, State of Hawaii, and the governments of each in accordance with their Constitutions and laws, of the United States territories and common- the alienation of permanent and long-term in- wealths, the Federated States of Micronesia, terests in real property so as to restrict the ac- the Marshall Islands, and Palau, and shall quisition of such interests to persons of Fed- transmit the full text of any such views to the erated States of Micronesia citizenship and Mar- Congress as part of such reports. shall Islands citizenship, respectively. (4) Commitment of Congress to redress adverse (d) Nuclear waste disposal consequences In approving the Compact, the Congress un- The Congress hereby declares that, if any ad- derstands that the Government of the Federated verse consequences to United States terri- States of Micronesia and the Government of the tories and commonwealths or the State of Ha- Marshall Islands will not permit any other gov- waii result from implementation of the Com- ernment or any nongovernmental party to con- pact of Free Association, the Congress will act duct, in the Marshall Islands or in the Federated sympathetically and expeditiously to redress States of Micronesia, any of the activities speci- those adverse consequences. fied in subsection (a) of section 314 of the Com- (5) ‘‘United States territories and common- pact. wealths’’ defined (e) Impact of Compact on U.S. areas As used in this subsection, the term ‘‘United (1) Statement of congressional intent States territories and commonwealths’’ means In approving the Compact, it is not the in- the Commonwealth of Puerto Rico, the Virgin tent of the Congress to cause any adverse con- Islands, Guam, American Samoa, and the sequences for the United States territories and Commonwealth of the Northern Mariana Is- commonwealths or the State of Hawaii. lands. (2) Annual reports and recommendations (6) Impact costs One year after January 14, 1986, and at one There are hereby authorized to be appro- year intervals thereafter, the Governor of any priated for fiscal years beginning after Sep- Page 227 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1904

tember 30, 1985, such sums as may be necessary provided in paragraphs (10) and (14),1 respec- to cover the costs, if any, incurred by the tively, of section 3 of the Magnuson-Stevens State of Hawaii, the territories of Guam and Fishery Conservation and Management Act American Samoa, and the Commonwealth of (16 U.S.C. 1802(10) and (14)). the Northern Mariana Islands resulting from (5)(A) It is the policy of the United States of any increased demands placed on educational America— and social services by immigrants from the (i) to negotiate and conclude with the gov- Marshall Islands and the Federated States of ernments of the Central, Western, and South Micronesia. Pacific Ocean, including the Federated (f) Fisheries management States of Micronesia and the Marshall Is- In clarification of Title One, Article II, section lands, a regional licensing agreement setting 121(b)(1) of the Compact: forth agreed terms of access for United (1) Nothing in the Compact or this joint res- States tuna vessels fishing in the region; and olution shall be interpreted as recognition by (ii) that such an agreement should over- the United States of any claim by the Fed- come existing jurisdictional differences and erated States of Micronesia or by the Marshall provide for a mutually beneficial relation- Islands to jurisdiction or authority over high- ship between the United States and the Pa- ly migratory species of fish during the time cific Island States that will promote the de- such species of fish are found outside the terri- velopment of the tuna and other latent fish- torial sea of the Federated States of Microne- eries resources of the Central, Western, and sia or the Marshall Islands. South Pacific Ocean and the economic devel- (2) It is the understanding of Congress that opment of the region. none of the monies made available pursuant to (B) At such time as an agreement referred to the Compact or this joint resolution will be in subparagraph (A) is submitted to the Senate used by either the Federated States of Micro- for advice and consent to ratification, the Sec- nesia or the Marshall Islands for enforcement retary of State, after consultation with the actions against any vessel of the United States Secretary of Commerce and other interested on the basis of fishing by any such vessel for agencies and concerned governments, shall highly migratory species of fish outside the submit to the Congress a proposed long term territorial sea of the Federated States of Mi- regional fisheries development program which cronesia or the Marshall Islands, respectively, may include, but not be limited to— in the absence of a licensing agreement. (i) exploration for, and stock assessment (3) Appropriate United States officials shall of, tuna and other fish; apply the policies and provisions of the Mag- (ii) improvement of harvesting techniques; nuson-Stevens Fishery Conservation and Man- (iii) gear development; agement Act (16 U.S.C. 1801 et seq.) and the (iv) biological resource monitoring; Fishermen’s Protective Act of 1967 (22 U.S.C. (v) education and training in the field of 1971 et seq.) with regard to any action taken fisheries; and by the Federated States of Micronesia or the (vi) regional and direct bilateral assistance Marshall Islands affecting any vessel of the in the field of fisheries. United States engaged in fishing for highly (g) Foreign loans migratory species of fish in waters outside the The Congress hereby reaffirms the United territorial seas of the Federated States of Mi- States position that the United States Govern- cronesia or the Marshall Islands, respectively. ment is not responsible for foreign loans or debt For the purpose of applying the provisions of obtained by the Governments of the Federated section 5 of the Fishermen’s Protective Act of States of Micronesia and the Marshall Islands. 1967 (22 U.S.C. 1975), monies made available to either the Federated States of Micronesia or (Pub. L. 99–239, title I, § 104, Jan. 14, 1986, 99 Stat. the Marshall Islands pursuant to the provi- 1788; Pub. L. 104–208, div. A, title I, § 101(a) [title sions of the Compact or this joint resolution II, § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41; shall be treated as ‘‘assistance to the govern- Pub. L. 106–504, § 2, Nov. 13, 2000, 114 Stat. 2311.) ment of such country under the Foreign As- REFERENCES IN TEXT sistance Act of 1961’’ [22 U.S.C. 2151 et seq.]. For purposes of this Act only, certification by The Compact, referred to in text, is the Compact of the President in accordance with such section Free Association between the Government of the United States and the Governments of the Marshall Is- 5 shall be accompanied by a report to Congress lands and the Federated States of Micronesia, which is on the basis for such certification, and such contained in section 201 of Pub. L. 99–239, as amended, certification shall have no effect if by law set out as a note under section 1901 of this title. Congress so directs prior to the expiration of This joint resolution and this Act, referred to in sub- 60 days during which Congress is in continuous sec. (f)(1) to (3), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. session following the date of such certifi- 1770, as amended, known as the Compact of Free Asso- cation. ciation Act of 1985, which is classified principally to (4) For the purpose of paragraphs (1) and (3) this part and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see of this subsection— Short Title note set out under section 1901 of this title (A) The term ‘‘vessel of the United States’’ and Tables. has the same meaning as provided in the The Magnuson-Stevens Fishery Conservation and first section of the Fishermen’s Protective Management Act, referred to in subsec. (f)(3), is Pub. L. Act of 1967 (22 U.S.C. 1971). 94–265, Apr. 13, 1976, 90 Stat. 331, as amended, which is (B) The terms ‘‘fishing’’ and ‘‘highly mi- gratory species’’ have the same meanings as 1 See References in Text note below. § 1905 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 228 classified principally to chapter 38 (§ 1801 et seq.) of of the Marshall Islands pursuant to Article V of Title 16, Conservation. For complete classification of title I of the Compact shall be appointed by the this Act to the Code, see Short Title note set out under President with the advice and consent of the section 1801 of Title 16 and Tables. Senate, and shall be under the supervision of the The Fishermen’s Protective Act of 1967, referred to in subsec. (f)(3), is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, Secretary of State, who shall have responsibil- as amended, which is classified generally to chapter 25 ity for government to government relations be- (§ 1971 et seq.) of Title 22, Foreign Relations and Inter- tween the United States and the Government course. For complete classification of this Act to the with respect to whom they are appointed, con- Code, see Short Title note set out under section 1971 of sistent with the authority of the Secretary of Title 22 and Tables. the Interior as set forth in this section. The Foreign Assistance Act of 1961, referred to in sub- (2) Except for programs or services provided by sec. (f)(3), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, as or through other federal agencies or officials to amended, which is classified principally to chapter 32 (§ 2151 et seq.) of Title 22. For complete classification of the Federated States of Micronesia or the Re- this Act to the Code, see Short Title note set out under public of the Marshall Islands, or for which resi- section 2151 of Title 22 and Tables. dents thereof are eligible pursuant to the Com- Section 3 of the Magnuson-Stevens Fishery Conserva- pact or any other provision of this joint resolu- tion and Management Act [16 U.S.C. 1802], referred to in tion, appropriations made pursuant to the Com- subsec. (f)(4)(B), was subsequently amended, and sec- pact or any other provision of this joint resolu- tion 3(10) and (14) no longer define the terms ‘‘fishing’’ tion may be made only to the Secretary of the and ‘‘highly migratory species’’. However, such terms Interior. The Secretary of the Interior shall are defined elsewhere in that section. coordinate and monitor any programs or activi- CODIFICATION ties, including such activities for which funding Section was formerly set out as a note under section is made directly to such other agencies, pro- 1681 of this title. vided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies AMENDMENTS of the Government of the United States and re- 2000—Subsec. (e)(2). Pub. L. 106–504 substituted ‘‘Gov- lated economic development planning pursuant ernor of any of the United States territories or com- to the Compact or pursuant to any other author- monwealths or the State of Hawaii may report to the ization except for the provisions of sections Secretary of the Interior by February 1 of each year 161(e), 313, and 351 of the Compact and the au- with respect to the impacts of the compacts of free as- thorization of the President to agree to an effec- sociation on the Governor’s respective jurisdiction. The tive date pursuant to this resolution. Funds ap- Secretary of the Interior shall review and forward any such reports to the Congress with the comments of the propriated to the Secretary of the Interior pur- Administration. The Secretary of the Interior shall, ei- suant to this paragraph shall not be allocated to ther directly or, subject to available technical assist- other Departments or agencies, except that the ance funds, through a grant to the affected jurisdiction, Secretary of the Interior shall be able to reim- provide for a census of Micronesians at intervals no burse Departments or agencies for purposes au- greater than 5 years from each decennial United States thorized by this joint resolution. census using generally acceptable statistical meth- (3) All programs and services provided to the odologies for each of the impact jurisdictions where the Federated States of Micronesia and the Republic Governor requests such assistance, except that the total expenditures to carry out this sentence may not of the Marshall Islands by Federal agencies may exceed $300,000 in any year.’’ for ‘‘President shall report be provided only after consultation with and to the Congress with respect to the impact of the Com- under the supervision of the Secretary of the In- pact on the United States territories and common- terior, and the head of each Federal agency is wealths and on the State of Hawaii.’’. directed to cooperate with the Secretary of the 1996—Subsec. (f)(3), (4)(B). Pub. L. 104–208 substituted Interior and to make such personnel and serv- ‘‘Magnuson-Stevens Fishery’’ for ‘‘Magnuson Fishery’’. ices available as the Secretary of the Interior EFFECTIVE DATE OF 1996 AMENDMENT may request. (4) Any United States Government personnel Pub. L. 104–208, div. A, title I, § 101(a) [title II, assigned, on a temporary or permanent basis, to § 211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009–41, provided that the amendment made by section 101(a) [§ 211(b)] is either the Federated States of Micronesia or the effective 15 days after Oct. 11, 1996. Marshall Islands shall, during the period of such assignment, be subject to the supervision of the § 1905. Supplemental provisions United States representative to that area. (5) The President is hereby authorized to ap- (a) Domestic program requirements point an Interagency Group on Freely Associ- Except as may otherwise be provided in this ated States’ Affairs to provide policy guidance joint resolution, all United States Federal pro- to federal departments and agencies. Such inter- grams and services extended to or operated in agency group shall include the Secretary of the the Federated States of Micronesia or the Mar- Interior and the Secretary of State. shall Islands are and shall remain subject to all (c) Continuing Trust Territory authorization applicable criteria, standards, reporting require- ments, auditing procedures, and other rules and The authorization provided by the Act of June regulations applicable to such programs when 30, 1954, as amended (68 Stat. 330) shall remain operating in the United States (including its available after the effective date of the Compact territories and commonwealths). with respect to the Federated States of Microne- sia and the Marshall Islands for the following (b) Relations with Federated States of Microne- purposes: sia and Marshall Islands (1) Prior to October 1, 1986, for any purpose (1) The United States representatives to the authorized by the Compact or this joint reso- Federated States of Micronesia and the Republic lution. Page 229 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905

(2) Transition purposes, including but not (e) Survivability limited to, completion of projects and fulfill- In furtherance of the provisions of Title Four, ment of commitments or obligations; termi- Article V, sections 452 and 453 of the Compact, nation of the Trust Territory Government and any provisions of the Compact which remain ef- termination of the High Court; health and edu- fective after the termination of the Compact by cation as a result of exceptional circum- the act of any party thereto and which are af- stances; ex gratia contributions for the popu- fected in any manner by provisions of this part lations of Bikini, Enewetak, Rongelap, and shall remain subject to such provisions. Utrik; and technical assistance and training in financial management, program administra- (f) Registration for agents of Governments of tion, and maintenance of infrastructure, ex- Federated States of Micronesia and Marshall cept that, for purposes of an orderly reduction Islands of United States programs and services in the (1) In general Federated States of Micronesia, the Marshall Notwithstanding the provisions of Title One, Islands, and Palau, United States programs or Article V, section 153 of the Compact, after ap- services not specifically authorized by the proval of the Compact any citizen of the Compact of Free Association or by other pro- United States who, without authority of the visions of law may continue but, unless reim- United States, acts as the agent of the Govern- bursed by the respective freely associated ment of the Marshall Islands or the Federated state, not in excess of the following amounts: States of Micronesia with regard to matters (1) For fiscal year 1987, an amount not to specified in the provisions of the Foreign exceed 75 per centum of the total amount ap- Agents Registration Act of 1938, as amended propriated for such programs for fiscal year (22 U.S.C. 611 et seq.) that apply with respect 1986; to an agent of a foreign principal shall be sub- (2) For fiscal year 1988, an amount not to ject to the requirements of such Act. Failure exceed 50 per centum of the total amount ap- to comply with such requirements shall sub- propriated for such programs for fiscal year ject such citizen to the same penalties and 1986; provisions of law as apply in the case of the (3) For fiscal year 1989, an amount not to failure of such an agent of a foreign principal exceed 25 per centum of the total amount ap- to comply with such requirements. For pur- propriated for such programs for fiscal year poses of the Foreign Agents Registration Act 1986. of 1938, the Federated States of Micronesia and (d) Medical referral debts the Marshall Islands shall be considered to be (1) Federated States of Micronesia foreign countries. In addition to the funds provided in Title (2) Exception Two, Article II, section 221(b) of the Compact, following approval of the Compact with re- Paragraph (1) of this subsection shall not spect to the Federated States of Micronesia, apply to a citizen of the United States em- the United States shall make available to the ployed by either the Government of the Mar- Government of the Federated States of Micro- shall Islands or the Government of the Fed- nesia such sums as may be necessary for the erated States of Micronesia with respect to payment of the obligations incurred for the whom the employing Government from time use of medical facilities in the United States, to time certifies to the Government of the including any territories and commonwealths, United States that such citizen is an employee by citizens of the Federated States of Microne- of the Government of the Marshall Islands or sia before September 1, 1985. the Government of the Federated States of Mi- cronesia (as the case may be) whose principal (2) Marshall Islands duties are other than those matters specified In addition to the funds provided in Title in the Foreign Agents Registration Act of 1938, Two, Article II, section 221(b) of the Compact, as amended [22 U.S.C. 611 et seq.], that apply following approval of the Compact with re- with respect to an agent of a foreign principal. spect to the Marshall Islands, the United The agency or officer of the United States re- States shall make available to the Govern- ceiving such certifications shall cause them to ment of the Marshall Islands such sums as be filed with the Attorney General, who shall may be necessary for the payment of the obli- maintain a publicly available list of the per- gations incurred for the use of medical facili- sons so certified. ties in the United States, its territories and (3) Resident representative exemption commonwealths by citizens of the Marshall Is- lands before September 1, 1985. Nothing in this subsection shall be con- (3) Use of funds strued as amending Section 152(b) of the Com- pact. In making funds available pursuant to this subsection, the President shall take such ac- (g) Noncompliance sanctions tions as he deems necessary to assure that the (1) Authority of President funds are used only for the payment of the The President of the United States shall medical expenses described in paragraph (1) or have no authority to suspend or withhold pay- (2) of this subsection, as the case may be. ments or assistance with respect to— (4) Authorization of appropriations (A) section 177, 213, 216(a)(2), 216(a)(3), There are hereby authorized to be appro- 221(b), or 223 of the Compact, or priated such sums as may be necessary for the (B) any agreements made pursuant to such purposes of this subsection. sections of the Compact, § 1905 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 230

unless such suspension or withholding is im- (3) Section 219 determination posed as a sanction due to noncompliance by The determination by the Government of the Government of the Federated States of Mi- the United States under section 219 of the cronesia or the Government of the Marshall Compact shall be as provided in appropriation Islands (as the case may be) with the obliga- Acts. tions and requirements of such sections of the Compact or such agreements. (4) Tort claims (2) Actions incompatible with United States au- (A) At such time as the Trusteeship Agree- thority ment ceases to apply to either the Federated The Congress expresses its understanding States of Micronesia or the Marshall Islands, that the Governments of the Federated States the provisions of Section 178 of the Compact of Micronesia and the Marshall Islands will regarding settlement and payment of tort not act in a manner incompatible with the au- claims shall apply to employees of any federal thority and responsibility of the United States agency of the Government of the United for security and defense matters in or related States which provides any service or carries to the Federated States of Micronesia or the out any other function pursuant to or in fur- Marshall Islands pursuant to the Compact, in- therance of any provisions of the Compact or cluding the agreements referred to in sections this Act, except for provisions of Title Three 462(j) and 462(k) thereof. The Congress further of the Compact and of the subsidiary agree- expresses its intention that any such act on ments related to such Title, in such area to the part of either such Government will be which such Agreement formerly applied. For 1 viewed by the United States as a material purposes of this subparagraph (B), persons breach of the Compact. The Government of the providing such service or carrying out such United States reserves the right in the event function pursuant to a contract with a federal of such a material breach of the Compact by agency shall be deemed to be an employee of the Government of the Federated States of Mi- the contracting federal agency. cronesia or the Government of the Marshall (B) For purposes of the Federal Tort Claims Islands to take action, including (but not lim- Act (28 U.S.C. 2671 et seq.), persons providing ited to) the suspension in whole or in part of services to the people of the atolls of Bikini, the obligations of the Government of the Enewetak, Rongelap, and Utrik as described in United States to that Government. Public Law 95–134 and Public Law 96–205 pursu- ant to a contract with a Department or agency (h) Continuing programs and laws of the federal government shall be deemed to (1) Federated States of Micronesia and Mar- be an employee of the contracting Department shall Islands or agency working in the United States. This subparagraph (B) shall expire when the Trust- In addition to the programs and services set eeship Agreement is terminated with respect forth in section 221 of the Compact, and pursu- to the Marshall Islands. ant to section 224 of the Compact, the pro- grams and services of the following agencies (5) Federal education grants shall be made available to the Federated Pursuant to section 224 of the Compact or States of Micronesia and to the Marshall Is- section 224 of the Compact with Palau (as con- lands: tained in title II of Public Law 99–658), the (A) the Legal Services Corporation; Pell Grant Program, the Supplemental Edu- (B) the Public Health Service; and cational Opportunity Grant Program, and the (C) the Farmers Home Administration (in College Work-Study Program (as authorized the Marshall Islands and each of the four by title IV of the Higher Education Act of 1965 States of the Federated States of Microne- [20 U.S.C. 1070 et seq.; 42 U.S.C. 2751 et seq.]) sia: Provided, that in lieu of continuation of shall be extended to students who are, or will the program in the Federated States of Mi- be, citizens of the Federated States of Micro- cronesia, the President may agree to trans- nesia, or the Marshall Islands and who attend fer to the Government of the Federated postsecondary institutions in the United States of Micronesia without cost, the port- States, its territories and commonwealths, the folio of the Farmers Home Loan Administra- Trust Territory of the Pacific Islands, the tion applicable to the Federated States of Federated States of Micronesia, or the Mar- Micronesia and provide such technical as- shall Islands, except that this paragraph shall sistance in management of the portfolio as not apply to any student receiving assistance may be requested by the Federated States of pursuant to section 223 of the Compact or sec- Micronesia). tion 223 of the Compact with Palau (as con- (2) Palau tained in title II of Public Law 99–658). Upon the effective date of the Compact, the (5) 2 PCB cleanup laws of the United States generally applicable to the Trust Territory of the Pacific Islands The programs and services of the Environ- shall continue to apply to the Republic of mental Protection Agency regarding PCB’s Palau and the Republic of Palau shall be eligi- shall, to the extent applicable, as appropriate, ble for such proportion of Federal assistance and in accordance with applicable law, be con- as it would otherwise have been eligible to re- strued to be made available to such islands. ceive under such laws prior to the effective date of the Compact, as provided in appropria- 1 So in original. tion Acts or other Acts of Congress. 2 So in original. Probably should be ‘‘(6)’’. Page 231 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1905

(i) College of Micronesia; education programs National Health Service Corps available to the (1) College of Micronesia residents of the Federated States of Micronesia and the Marshall Islands to the same extent and Notwithstanding any other provision of law, for so long as such services are authorized to be all funds which as of January 14, 1986, were ap- provided to persons residing in any other areas propriated for the use of the College of Micro- within or outside the United States. nesia System shall remain available for use by l such college until expended. Until otherwise ( ) Technical assistance provided by Act of Congress, or until termi- Technical assistance may be provided pursu- nation of the Compact, such college shall re- ant to section 226 of the Compact by Federal tain its status as a land-grant institution and agencies and institutions of the Government of its eligibility for all benefits and programs the United States to the extent such assistance available to such land-grant institutions. may be provided to States, territories, or units (2) Federal education programs of local government. Such assistance by the Forest Service, the Soil Conservation Service, Pursuant to section 224 of the Compact and the Fish and Wildlife Service, the National Ma- upon the request of the affected Government, rine Fisheries Service, the United States Coast any Federal program providing financial as- Guard, and the Advisory Council on Historic sistance for education which, as of January 1, Preservation, the Department of the Interior, 1985, was providing financial assistance for and other agencies providing assistance under education to the Federated States of Microne- division A of subtitle III of title 54, shall be on sia or the Marshall Islands or to any institu- a nonreimbursable basis. During the period the tion, agency, organization, or permanent resi- Compact is in effect, the grant programs under dent thereof, including the College of Microne- the National Historic Preservation Act shall sia System, shall continue to provide such as- continue to apply to the Federated States of Mi- sistance to such institutions, agencies, organi- cronesia and the Marshall Islands in the same zations, and residents as follows: manner and to the same extent as prior to the (A) For the fiscal year in which the Com- approval of the Compact. Funds provided pursu- pact becomes effective, not to exceed ant to sections 1902(a), 1903(a), 1903(c), 1903(h), $13,000,000; 1903(i), 1903(j), and 1903(l) of this title and sub- (B) For the fiscal year beginning after the sections (c), (i), (j), (k), (l), (m), (n), and (o) shall end of the fiscal year in which the Compact be in addition to and not charged against any becomes effective, not to exceed $8,700,000; amounts to be paid to either the Federated and States of Micronesia or the Marshall Islands (C) For the fiscal year immediately follow- pursuant to the Compact or the subsidiary ing the fiscal year described in subparagraph agreements. (B), not to exceed $4,300,000. (m) Prior Service Benefits Program (3) Authorization of appropriations Notwithstanding any other provision of law, There are hereby authorized to be appro- persons who on January 1, 1985, were eligible to priated such sums as are necessary for pur- receive payment under the Prior Service Bene- poses of this subsection. fits Program established within the Social Secu- (j) Trust Territory debts to U.S. Federal agencies rity System of the Trust Territory of the Pacific Neither the Government of the Federated Islands because of their services performed for States of Micronesia nor the Government of the the or the Government of Marshall Islands shall be required to pay to any the Trust Territory of the Pacific Islands prior department, agency, independent agency, office, to July 1, 1968, shall continue to receive such or instrumentality of the United States any payments on and after the effective date of the amounts owed to such department, agency, inde- Compact. pendent agency, office, or instrumentality by (n) Indefinite land use payments the Government of the Trust Territory of the There are authorized to be appropriated such Pacific Islands as of the effective date of the sums as may be necessary to complete repay- Compact. There is authorized to be appropriated ment by the United States of any debts owed for such sums as may be necessary to carry out the the use of various lands in the Federated States purposes of this subsection. of Micronesia and the Marshall Islands prior to (k) Use of DOD medical facilities January 1, 1985. Following approval of the Compact, the Sec- (o) Communicable disease control program retary of Defense shall make available the medi- There are authorized to be appropriated for cal facilities of the Department of Defense for grants to the Government of the Federated use by citizens of the Federated States of Micro- States of Micronesia such sums as may be nec- nesia and the Marshall Islands who are properly essary for purposes of establishing or continuing referred to such facilities by government au- programs for the control and prevention of com- thorities responsible for provision of medical municable diseases, including (but not limited services in the Federated States of Micronesia to) cholera and Hansen’s Disease. The Secretary and the Marshall Islands. The Secretary of De- of the Interior shall assist the Government of fense is hereby authorized to cooperate with the Federated States of Micronesia in designing such authorities in order to permit use of such and implementing such a program. medical facilities for persons properly referred by such authorities. The Secretary of Health (p) Trust funds and Human Services is hereby authorized and di- The responsibilities of the United States with rected to continue to make the services of the regard to implementation of section 235 of the § 1905 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 232

Compact shall be discharged by the Secretary of popularly known as the Omnibus Territories Act of the Interior, who shall consult with the Govern- 1977. For complete classification of this Act to the ment of the Marshall Islands and the designated Code, see Tables. Public Law 96–205, referred to in subsec. (h)(4)(B), is beneficiaries of the funds held in trust by the Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84, as amended. For High Commissioner of the Trust Territory of the complete classification of this Act to the Code, see Pacific Islands. Tables. (q) Omitted The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which (r) User fees is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Any person in the Federated States of Micro- Public Law 99–658, referred to in subsec. (h)(5), is Pub. nesia or the Marshall Islands shall be liable for L. 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended. Title user fees, if any, for services provided in the II of Pub. L. 99–658 enacted section 1934 of this title and Federated States of Micronesia or the Marshall provisions set out as a note under section 1931 of this Islands by the Government of the United States title. For complete classification of this Act to the to the same extent as any person in the United Code, see Tables. States would be liable for fees, if any, for such The Higher Education Act of 1965, referred to in sub- sec. (h)(5), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219, services in the United States. as amended. Title IV of the Act is classified generally (Pub. L. 99–239, title I, § 105, Jan. 14, 1986, 99 Stat. to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, 1791; Pub. L. 99–396, § 20(a), Aug. 27, 1986, 100 Stat. Education, and part C (§ 2751 et seq.) of subchapter I of 844; Pub. L. 99–658, title I, § 104(c), Nov. 14, 1986, chapter 34 of Title 42, The Public Health and Welfare. 100 Stat. 3676; Pub. L. 100–369, § 9, July 18, 1988, For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 102 Stat. 837; Pub. L. 102–486, title XXVII, § 2704, and Tables. Oct. 24, 1992, 106 Stat. 3120; Pub. L. 113–287, § 5(o)(1), Dec. 19, 2014, 128 Stat. 3272.) CODIFICATION Subsec. (q) of this section, which required the Presi- REFERENCES IN TEXT dent to report annually to Congress on determinations This joint resolution and this Act, referred to in sub- made by the United States in the exercise of its author- secs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99–239, Jan. ity under section 313 of the Compact of Free Associa- 14, 1986, 99 Stat. 1770, as amended, known as the Com- tion between the Government of the United States and pact of Free Association Act of 1985, which is classified the Governments of the Marshall Islands and the Fed- principally to this part and chapter 19 (§ 2001 et seq.) of erated States of Micronesia, terminated, effective May this title. For complete classification of this Act to the 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as Code, see Short Title note set out under section 1901 of amended, set out as a note under section 1113 of Title this title and Tables. 31, Money and Finance. See, also, 14th item on page 37 The Compact, referred to in text, is the Compact of of House Document No. 103–7. Free Association between the Government of the Section was formerly set out as a note under section United States and the Governments of the Marshall Is- 1681 of this title. lands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, as amended, AMENDMENTS set out as a note under section 1901 of this title. 2014—Subsec. (l). Pub. L. 113–287 substituted ‘‘division For Oct. 21, 1986, as the effective date of the Compact A of subtitle III of title 54’’ for ‘‘the National Historic of Free Association with the Marshall Islands, and Nov. Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’. 3, 1986, as the effective date of the Compact of Free As- 1992—Subsec. (h)(5). Pub. L. 102–486 added par. (5) re- sociation with the Federated States of Micronesia, re- lating to PCB cleanup. ferred to in subsecs. (b)(2), (c), (h)(2), (j), and (m), see 1988—Subsec. (h)(5). Pub. L. 100–369 added par. (5) re- Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a lating to Federal education grants. note under section 1801 of this title. 1986—Subsec. (b)(2). Pub. L. 99–396 amended par. (2) Act of June 30, 1954, referred to in subsec. (c), is act generally. Prior to amendment, par. (2) read as follows: June 30, 1954, ch. 423, 68 Stat. 330, as amended, which ‘‘Appropriations made pursuant to the Compact or any enacted sections 1681 and 1681b of this title and provi- other provision of this joint resolution may be made sions set out as notes under section 1681 of this title. only to the Secretary of the Interior, who shall coordi- For complete classification of this Act to the Code, see nate and monitor any program or activity provided to Tables. the Federated States of Micronesia or the Republic of The Foreign Agents Registration Act of 1938, referred the Marshall Islands by departments and agencies of to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327, 52 the Government of the United States and related eco- Stat. 631, as amended, which is classified generally to nomic development planning pursuant to the Compact subchapter II (§ 611 et seq.) of chapter 11 of Title 22, or pursuant to any other authorization except for the Foreign Relations and Intercourse. For complete clas- provisions of sections 161(e), 313, and 351 of the Compact sification of this Act to the Code, see Short Title note and the authorization of the President to agree to an set out under section 611 of Title 22 and Tables. effective date pursuant to this resolution. Funds appro- The Federal Tort Claims Act, referred to in subsec. priated to the Secretary of the Interior pursuant to (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. this paragraph shall not be allocated to other Depart- 842, which was classified principally to chapter 20 ments or agencies.’’ (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Subsec. (c)(2). Pub. L. 99–658 substituted ‘‘infrastruc- Code and Judiciary. Title IV of act Aug. 2, 1946, was ture, except that, for purposes of an orderly reduction substantially repealed and reenacted as sections 1346(b) of United States programs and services in the Fed- and 2671 et seq. of Title 28, Judiciary and Judicial Pro- erated States of Micronesia, the Marshall Islands, and cedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the Palau, United States programs or services not specifi- first section of which enacted Title 28. The Federal cally authorized by the Compact of Free Association or Tort Claims Act is also commonly used to refer to by other provisions of law may continue but, unless re- chapter 171 of Title 28, Judiciary and Judicial Proce- imbursed by the respective freely associated state, not dure. For complete classification of title IV to the in excess of the following amounts:’’ and subpars. (1) to Code, see Tables. For distribution of former sections of (3) for ‘‘infrastructure.’’ Title 28 into the revised Title 28, see Table at the begin- TRANSFER OF FUNCTIONS ning of Title 28. Public Law 95–134, referred to in subsec. (h)(4)(B), is For transfer of authorities, functions, personnel, and Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, as amended, assets of the Coast Guard, including the authorities Page 233 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1907 and functions of the Secretary of Transportation relat- Federated States of Micronesia or the Republic ing thereto, to the Department of Homeland Security, of the Marshall Islands if such Governments, and for treatment of related references, see sections pursuant to an agreement entered into with the 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- United States, apply a preference on the award rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set of contracts to United States firms, provided out as a note under section 542 of Title 6. that the amount of such preference does not ex- ceed 10 percent of the amount of the lowest TERMINATION OF TRUST TERRITORY OF THE PACIFIC qualified bid from a non-United States firm for ISLANDS such contract. For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this (Pub. L. 99–239, title I, § 106, Jan. 14, 1986, 99 Stat. title. 1797.)

FEDERATED STATES OF MICRONESIA AND MARSHALL IS- CODIFICATION LANDS; PROGRAMS AND SERVICES PROVIDED ON NON- Section was formerly set out as a note under section REIMBURSABLE BASIS 1681 of this title. Pub. L. 99–396, § 20(b), Aug. 27, 1986, 100 Stat. 844, pro- § 1907. Limitations vided that: ‘‘The programs and services specified in sec- tion 105(h)(1), sections [sic] 105(i)(1) and (2), section (a) Prohibition 111(a) [48 U.S.C. 1905(h)(1), (i)(1), (2), 1911(a)], the serv- The provisions of Chapter 11 of title 18 shall ices of the National Health Service Corps pursuant to apply in full to any individual who has served as section 105(k), and the Technical Assistance and Na- tional Historic Preservation Act [probably means the the President’s Personal Representative for Mi- National Historic Preservation Act, see 54 U.S.C. 300101 cronesian Status Negotiations or who is or was et seq.] grants pursuant to section 105(l), of Public Law an officer or employee of the Office for Microne- 99–239 shall be provided on a nonreimbursable basis.’’ sian Status Negotiations or who is or was as- signed or detailed to that Office or who served § 1906. Construction contract assistance on the Micronesia Interagency Group, except (a) Assistance to U.S. firms that for the purposes of this section, clauses (i) 1 In order to assist the Governments of the Fed- and (ii) of section 207(b) of such title shall read erated States of Micronesia and of the Marshall as follows: ‘‘(i) having been so employed, within Islands through private sector firms which may three years after his employment has ceased, be awarded contracts for construction or major knowingly acts as agent or attorney for, or repair of capital infrastructure within the Fed- otherwise represents, any other person (except erated States of Micronesia or the Republic of the United States), in any formal or informal the Marshall Islands, the President shall consult appearance before, or, with the intent to influ- with the Governments of the Federated States ence, makes any oral or written communication of Micronesia and the Marshall Islands with re- on behalf of any other person (except the United spect to any such contracts, and the President States) to, or (ii) having been so employed and shall enter into agreements with such firms as specified in subsection (d) of this section, whereby such firms will, consistent with appli- within three years after his employment has cable requirements of such Governments— ceased, knowingly represents or aids, counsels, (1) to the maximum extent possible, employ advises, consults, or assists in representing any citizens of the Federated States of Micronesia other person (except the United States) by per- and the Marshall Islands; sonal presence at any formal or informal appear- (2) to the extent that necessary skills are ance before—’’. not possessed by citizens of the Federated (b) Termination States of Micronesia and the Marshall Islands, Effective upon the date of the termination of provide on the job training, with particular the Trust Territory of the Pacific Islands with emphasis on the development of skills relating respect to Palau, the Office for Micronesian to operation of machinery and routine and Status Negotiations is abolished and no depart- preventative maintenance of machinery and ment, agency, or instrumentality of the United other facilities; and States shall thereafter contribute funds for the (3) provide specific training or other assist- support of such Office. ance in order to enable the Government to en- (Pub. L. 99–239, title I, § 107, Jan. 14, 1986, 99 Stat. gage in long-term maintenance of infrastruc- 1797.) ture. REFERENCES IN TEXT Assistance by such firms pursuant to this sec- tion may not exceed 20 percent of the amount of Section 207 of title 18, referred to in subsec. (a), was the contract and shall be made available only to amended generally by Pub. L. 101–194, title I, § 101(a), Nov. 30, 1989, 103 Stat. 1716, and, as so amended, subsec. such firms which meet the definition of United (b) of that section no longer contains cls. (i) and (ii). States firm under the nationality rule for sup- For text of section 207 of Title 18, Crimes and Criminal pliers of services of the Agency for International Procedure, as it appeared prior to amendment by Pub. Development (hereafter in this section referred L. 101–194, see Effective Date of 1989 Amendment; Effect to as ‘‘United States firms’’). There are author- on Employment note set out under section 207 of Title ized to be appropriated such sums as may be 18. necessary for the purposes of this subsection. CODIFICATION (b) Authorization of appropriations Section was formerly set out as a note under section There are authorized to be appropriated such 1681 of this title. sums as may be necessary to cover any addi- tional costs incurred by the Government of the 1 See References in Text note below. § 1908 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 234

TERMINATION OF TRUST TERRITORY OF THE PACIFIC § 1910. Implementation of audit agreements ISLANDS (a) Transmission of annual financial statement For termination of Trust Territory of the Pacific Is- lands with respect to Palau, see note set out preceding Upon receipt of the annual financial state- section 1681 of this title. ment described in sections 1902(c)(4) and 1903(m)(4) of this title, the President shall § 1908. Transitional immigration rules promptly transmit a copy of such statement to (a) Citizen of Northern Mariana Islands the Congress. Any person who is a citizen of the Northern (b) Annual audits by President Mariana Islands, as that term is defined in sec- (1) The President shall cause an annual audit tion 24(b) of the Act of December 8, 1983 (97 Stat. to be conducted of the annual financial state- 1465), is considered a citizen of the United States ments described in sections 1902(c)(4) and for purposes of entry into, permanent residence, 1903(m)(4) of this title. Such audit shall be con- and employment in the United States and its ducted in accordance with the Generally Accept- territories and possessions. ed Government Auditing Standards promulgated (b) Termination by the Comptroller General of the United States. Such audit shall be submitted to the The provisions of this section shall cease to be Congress not later than 180 days after the end of effective when section 301 of the Covenant to Es- the United States fiscal year. tablish a Commonwealth of the Northern Mari- (2) The President shall develop and implement ana Islands in Political Union With the United procedures to carry out such audits. Such proce- States (Public Law 94–241) becomes effective dures shall include the matters described in sec- pursuant to section 1003(c) of the Covenant. tions 1902(c)(2) and 1903(m)(2) of this title. (Pub. L. 99–239, title I, § 108, Jan. 14, 1986, 99 Stat. (c) Authority of GAO 1798.) The Comptroller General of the United States REFERENCES IN TEXT shall have the authority to conduct the audits Section 24(b) of the Act of December 8, 1983, referred referred to in sections 1902(c)(1) and 1903(m)(1) of to in subsec. (a), is Pub. L. 98–213, § 24(b), Dec. 8, 1983, this title. 97 Stat. 1465, which was formerly set out as a note (Pub. L. 99–239, title I, § 110, Jan. 14, 1986, 99 Stat. under section 1801 of this title. 1798.) The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the CODIFICATION United States, referred to in subsec. (b), is contained in section 1 of Pub. L. 94–241, as amended, set out as a Section was formerly set out as a note under section note under section 1801 of this title. For November 4, 1681 of this title. 1986, as the effective date of section 301 of the Cov- TERMINATION OF REPORTING REQUIREMENTS enant, see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 of this title. For termination, effective May 15, 2000, of provisions Public Law 94–241, referred to in subsec. (b), is Pub. in subsec. (b) of this section relating to the require- L. 94–241, Mar. 24, 1976, 90 Stat. 263, as amended, which ment that the annual audit be submitted to Congress, is classified generally to subchapter I (§ 1801 et seq.) of see section 3003 of Pub. L. 104–66, as amended, set out chapter 17 of this title. For complete classification of as a note under section 1113 of Title 31, Money and Fi- this Act to the Code, see Tables. nance, and the 13th item on page 37 of House Document No. 103–7. CODIFICATION § 1911. Compensatory adjustments Section was formerly set out as a note under section 1681 of this title. (a) Additional programs and services In addition to the programs and services set § 1909. Timing forth in Section 221 of the Compact, and pursu- No payment may be made pursuant to the ant to Section 224 of the Compact, the services Compact nor under any provision of this joint and programs of the following U.S. agencies resolution prior to October 1, 1985. shall be made available to the Federated States (Pub. L. 99–239, title I, § 109, Jan. 14, 1986, 99 Stat. of Micronesia and the Marshall Islands: The 1798.) Federal Deposit Insurance Corporation, Small Business Administration, Economic Develop- REFERENCES IN TEXT ment Administration, the Rural Electrification The Compact, referred to in text, is the Compact of Administration, Job Partnership Training Act, Free Association between the Government of the Job Corps, and the programs and services of the United States and the Governments of the Marshall Is- Department of Commerce relating to tourism lands and the Federated States of Micronesia, which is and to marine resource development. contained in section 201 of Pub. L. 99–239, as amended, (b) Investment Development Funds set out as a note under section 1901 of this title. This joint resolution, referred to in text, is Pub. L. (1) In order to further close economic and com- 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, known as mercial relations between the United States and the Compact of Free Association Act of 1985, which is the Federated States of Micronesia and the Mar- classified principally to this part and chapter 19 (§ 2001 shall Islands, and in order to encourage the pres- et seq.) of this title. For complete classification of this ence of the United States private sector in such Act to the Code, see Short Title note set out under sec- tion 1901 of this title and Tables. areas, there are hereby created two Investment Development Funds, to be established and ad- CODIFICATION ministered by the Federated States of Microne- Section was formerly set out as a note under section sia and the Marshall Islands respectively in con- 1681 of this title. sultation with the United States as follows: Page 235 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1912

(i) For the Investment Development Fund REFERENCES IN TEXT for the Federated States of Micronesia there is The Compact, referred to in text, is the Compact of hereby authorized to be appropriated for fiscal Free Association between the Government of the 1986, $20 million, backed by the full faith and United States and the Governments of the Marshall Is- credit of the United States, of which $12 mil- lands and the Federated States of Micronesia, which is lion shall be made available for obligation for contained in section 201 of Pub. L. 99–239, set out as a the first full fiscal year after the effective date note under section 1901 of this title. The Job Partnership Training Act, referred to in sub- of the Compact, and of which $8 million shall sec. (a), probably means the Job Training Partnership be made available for obligation for the third Act, Pub. L. 97–300, Oct. 13, 1982, 96 Stat. 1322, as amend- full fiscal year after the effective date of the ed, which was classified generally to chapter 19 (§ 1501 Compact. et seq.) of Title 29, Labor, and was repealed by Pub. L. (ii) For the Investment Development Fund 105–220, title I, § 199(b)(2), (c)(2)(B), Aug. 7, 1998, 112 Stat. for the Marshall Islands there is hereby au- 1059, effective July 1, 2000. Pursuant to section 2940(b) thorized to be appropriated $10 million for fis- of Title 29, references to a provision of the Job Training cal 1986, backed by the full faith and credit of Partnership Act, effective Aug. 7, 1998, are deemed to refer to that provision or the corresponding provision the United States, of which $6 million for the of the Workforce Investment Act of 1998, Pub. L. first full fiscal year after the effective date of 105–220, Aug. 7, 1998, 112 Stat. 936, and effective July 1, the Compact, and of which $4 million shall be 2000, are deemed to refer to the corresponding provision made available for obligation for the third full of the Workforce Investment Act of 1998. For complete fiscal year after the effective date of the Com- classification of the Job Training Partnership Act to pact. the Code, see Tables. For complete classification of the Workforce Investment Act of 1998 to the Code, see (2) The amounts specified in this subsection Short Title note set out under section 9201 of Title 20, shall be in addition to the sums and amounts Education, and Tables. specified in Articles I and III of Title Two of the For Oct. 21, 1986, as the effective date of the Compact Compact, and shall be deemed to be included in of Free Association with the Marshall Islands, and Nov. the sums and amounts referred to in section 236 3, 1986, as the effective date of the Compact of Free As- of the Compact. sociation with the Federated States of Micronesia, re- ferred to in subsec. (b)(1), see Proc. No. 5564, Nov. 3, 1986, 51 F.R. 40399, set out as a note under section 1801 (c) Board of Advisors of this title. To provide policy guidance for the Funds es- This joint resolution, referred to in subsec. (d), is tablished by subsection (b) of this section, the Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, President is hereby authorized to establish a known as the Compact of Free Association Act of 1985. Title IV of this Act is set out as a note under section Board of Advisors, pursuant to appropriate 1901 of this title. For complete classification of this Act agreements between the United States and the to the Code, see Short Title note set out under section Federated States of Micronesia and the Marshall 1901 of this title and Tables. Islands. CODIFICATION (d) Further amounts Section was formerly set out as a note under section 1681 of this title. The governments of the Federated States of Micronesia and the Marshall Islands may submit § 1912. Jurisdiction to Congress reports concerning the overall fi- (a) With respect to section 321 of the Compact nancial and economic impacts on such areas re- of Free Association and its related agreements, sulting from the effect of Title IV of this joint the jurisdictional provisions set forth in sub- resolution upon Title Two of the Compact. section (b) of this section shall apply only to the There are hereby authorized to be appropriated citizens and nationals of the United States and for fiscal years beginning after September 30, aliens lawfully admitted to the United States 1990, such amounts as may be necessary, but not for permanent residence who are in the Marshall to exceed $40 million for the Federated States of Islands or the Federated States of Micronesia. Micronesia and $20 million for the Marshall Is- (b)(1) The defense sites of the United States es- lands, as provided in appropriation acts, to fur- tablished in the Marshall Islands or the Fed- ther compensate the governments of such is- erated States of Micronesia in accordance with lands (in addition to the compensation provided the Compact of Free Association and its related in subsections (a) and (b) of this section) for ad- agreements are within the special maritime and verse impacts, if any, on the finances and econo- territorial jurisdiction of the United States as mies of such areas resulting from the effect of set forth in section 7, title 18. Title IV of this joint resolution upon Title Two (2) Any person referred to in subsection (a) of of the Compact. At the end of the initial fifteen- this section who within or upon such defense year term of the Compact, should any portion of sites is guilty of any act or omission which, al- the total amount of funds authorized in this sub- though not made punishable by any enactment section not have been appropriated, such of Congress, would be punishable if committed amount not yet appropriated may be appro- or omitted within the jurisdiction of the State priated, without regard to divisions between of Hawaii by the laws thereof, in force at the amounts authorized in this subsection for the time of such act or omission, shall be guilty of Federated States of Micronesia and for the Mar- a like offense and subject to a like punishment. shall Islands, based on either or both such gov- (3) The United States District Court for the ernment’s showing of such adverse impact, if District of Hawaii shall have jurisdiction to try any, as provided in this subsection. all criminal offenses against the United States, (Pub. L. 99–239, title I, § 111, Jan. 14, 1986, 99 Stat. including the laws of the State of Hawaii made 1799.) applicable to the defense sites in the Marshall § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 236

Islands or the Federated States of Micronesia by Federated States of Micronesia, as amended virtue of paragraph (2) of this subsection, com- under the Agreement to Amend Article X that mitted by any person referred to in subsection was signed by those two Governments on June (a) of this section. 30, 2004, which shall serve as the authority to (4) The United States District Court for the implement the provisions thereof. Subject to the District of Hawaii may appoint one or more provisions of this joint resolution, the President magistrate judges for the defense sites in the is authorized to agree, in accordance with sec- Marshall Islands. Such Magistrate Judges shall tion 411 of the U.S.-FSM Compact, to an effec- have the power and the status of Magistrate tive date for and thereafter to implement such Judges appointed pursuant to chapter 43, title U.S.-FSM Compact. 28, provided, however that such Magistrate Judges shall have the power to try persons ac- (b) Republic of the Marshall Islands cused of and sentence persons convicted of petty The Compact of Free Association, as amended offenses, as defined in section 1(3),1 title 18, in- with respect to the Republic of the Marshall Is- cluding violations of regulations for the mainte- lands and signed by the United States and the nance of peace, order, and health issued by the Government of the Republic of the Marshall Is- Commanding Officer on such defense sites, with- lands and set forth in Title II (section 201(b)) of out being subject to the restrictions provided for this joint resolution, is hereby approved, and in section 3401(b), title 18. Congress hereby consents to the subsidiary (Pub. L. 99–239, title II, § 202, Jan. 14, 1986, 99 agreements and amended subsidiary agreements Stat. 1835; Pub. L. 101–650, title III, § 321, Dec. 1, listed in section 462 of the U.S.-RMI Compact, 1990, 104 Stat. 5117.) including Article X of the Federal Programs and Services Agreement Between the Government of REFERENCES IN TEXT the United States and the Government of the The Compact of Free Association, referred to in sub- Republic of the Marshall Islands, as amended secs. (a) and (b)(1), is the Compact of Free Association under the Agreement to Amend Article X that between the Government of the United States and the was signed by those two Governments on June Governments of the Marshall Islands and the Federated 18, 2004, which shall serve as the authority to States of Micronesia, which is contained in section 201 implement the provisions thereof. Subject to the of Pub. L. 99–239, set out as a note under section 1901 of this title. provisions of this joint resolution, the President Section 1 of title 18, referred to in subsec. (b)(4), was is authorized to agree, in accordance with sec- repealed by Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, tion 411 of the U.S.-RMI Compact, to an effec- 1984, 98 Stat. 2027. tive date for and thereafter to implement such U.S.-RMI Compact. CODIFICATION Section was formerly set out as a note under section (c) References to the Compact, the U.S.-FSM 1681 of this title. Compact, and the U.S.-RMI Compact; Ref- Section was enacted as part of title II of Pub. L. erences to subsidiary agreements or separate 99–239, and not as part of title I of Pub. L. 99–239 which agreements comprises this part. (1) Any reference in this joint resolution (ex- CHANGE OF NAME cept references in Title II) to ‘‘the Compact’’ Words ‘‘magistrate judges’’ and ‘‘Magistrate Judges’’ shall be treated as a reference to the Compact of substituted for ‘‘magistrates’’ and ‘‘Magistrates’’, re- Free Association set forth in title II of Public spectively, wherever appearing in subsec. (b)(4) pursu- Law 99–239, January 14, 1986, 99 Stat. 1770. Any ant to section 321 of Pub. L. 101–650, set out as a note reference in this joint resolution to the ‘‘U.S.- under section 631 of Title 28, Judiciary and Judicial FSM Compact’’ shall be treated as a reference to Procedure. the Compact of Free Association, as amended PART B—APPROVAL AND IMPLEMENTATION OF between the Government of the United States of COMPACTS, AS AMENDED America and the Government of the Federated States of Micronesia and set forth in Title II § 1921. Approval of U.S.-FSM Compact of Free As- (section 201(a)) of this joint resolution. Any ref- sociation and the U.S.-RMI Compact of Free erence in this joint resolution to the ‘‘U.S.-RMI Association; references to subsidiary agree- Compact’’ shall be treated as a reference to the ments or separate agreements Compact of Free Association, as amended be- tween the Government of the United States of (a) Federated States of Micronesia America and the Government of the Republic of The Compact of Free Association, as amended the Marshall Islands and set forth in Title II with respect to the Federated States of Microne- (section 201(b)) of this joint resolution. sia and signed by the United States and the Gov- (2) Any reference to the term ‘‘subsidiary ernment of the Federated States of Micronesia agreements’’ or ‘‘separate agreements’’ in this and set forth in Title II (section 201(a)) of this joint resolution shall be treated as a reference joint resolution, is hereby approved, and Con- to agreements listed in section 462 of the U.S.- gress hereby consents to the subsidiary agree- FSM Compact and the U.S.-RMI Compact, and ments and amended subsidiary agreements list- any other agreements that the United States ed in section 462 of the U.S.-FSM Compact, in- may from time to time enter into with either cluding Article X of the Federal Programs and the Government of the Federated States of Mi- Services Agreement Between the Government of cronesia or the Government of the Republic of the United States and the Government of the the Marshall Islands, or with both such govern- ments in accordance with the provisions of the 1 See References in Text note below. U.S.-FSM Compact and the U.S.-RMI Compact. Page 237 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

(d) Amendment, change, or termination in the (f) Entry into force of future amendments to sub- U.S.-FSM compact and U.S.-RMI compact and sidiary agreements certain agreements No agreement between the United States and (1) Any amendment, change, or termination by the government of either the Federated States mutual agreement or by unilateral action of the of Micronesia or the Republic of the Marshall Is- Government of the United States of all or any lands which would amend, change, or terminate part of the U.S.-FSM Compact or U.S.-RMI Com- any subsidiary agreement or portion thereof, pact shall not enter into force until after Con- other than those set forth in subsection (d) of gress has incorporated it in an Act of Congress. this section shall enter into force until 90 days (2) The provisions of paragraph (1) shall after the President has transmitted such agree- apply— ment to the President of the Senate and the (A) to all actions of the Government of the Speaker of the House of Representatives to- United States under the U.S.-FSM Compact or gether with an explanation of the agreement U.S.-RMI Compact including, but not limited and the reasons therefor. In the case of the to, actions taken pursuant to sections 431, 441, agreement referred to in section 462(b)(3) of the or 442; U.S.-FSM Compact and the U.S.-RMI Compact, (B) to any amendment, change, or termi- such transmittal shall include a specific state- nation in the Agreement Between the Govern- ment by the Secretary of Labor as to the neces- ment of the United States and the Govern- sity of such amendment, change, or termi- ment of the Federated States of Micronesia nation, and the impact thereof. Regarding Friendship, Cooperation and Mu- tual Security Concluded Pursuant to Sections (Pub. L. 108–188, title I, § 101, Dec. 17, 2003, 117 321 and 323 of the Compact of Free Association Stat. 2723; Pub. L. 110–229, title VIII, § 801(a), referred to in section 462(a)(2) of the U.S.-FSM May 8, 2008, 122 Stat. 869.) Compact and the Agreement Between the Gov- ernment of the United States and the Govern- REFERENCES IN TEXT ment of the Marshall Islands Regarding Mu- The Compact of Free Association, as amended with tual Security Concluded Pursuant to Sections respect to the Federated States of Micronesia and 321 and 323 of the Compact of Free Association signed by the United States and the Government of the referred to in section 462(a)(5) of the U.S.-RMI Federated States of Micronesia and set forth in Title II (section 201(a)) of this joint resolution, referred to in Compact; subsecs. (a) and (c)(1), is contained in section 201(a) of (C) to any amendment, change, or termi- Pub. L. 108–188, set out below. nation of the agreements concluded pursuant This joint resolution, referred to in text, is Pub. L. to Compact section 177, and section 215(a) of 108–188, Dec. 17, 2003, 117 Stat. 2720, known as the Com- the U.S.-FSM Compact and section 216(a) of pact of Free Association Amendments Act of 2003, the U.S.-RMI Compact, the terms of which are which enacted this part and provisions set out as notes incorporated by reference into the U.S.-FSM under this section and section 1901 of this title and Compact and the U.S.-RMI Compact; and amended provisions set out as a note under section 3101 (D) to the following subsidiary agreements, of Title 5, Government Organization and Employees. or portions thereof: Title II of this joint resolution enacted provisions set (i) Articles III, IV, and X of the agreement out as notes under this section. For complete classi- fication of this Act to the Code, see Short Title of 2003 referred to in section 462(b)(6) of the U.S.- Amendment note set out under section 1901 of this title RMI Compact. and Tables. (ii) Article III and IV of the agreement re- The Compact of Free Association, as amended with ferred to in section 462(b)(6) of the U.S.-FSM respect to the Republic of the Marshall Islands and Compact. signed by the United States and the Government of the (iii) Articles VI, XV, and XVII of the Republic of the Marshall Islands and set forth in Title agreement referred to in section 462(b)(7) of II (section 201(b)) of this joint resolution, referred to in the U.S.-FSM Compact and U.S.-RMI Com- subsecs. (b) and (c)(1), is contained in section 201(b) of pact. Pub. L. 108–188, set out below. (e) Subsidiary agreements deemed bilateral AMENDMENTS For purposes of implementation of the U.S.- 2008—Subsec. (a). Pub. L. 110–229, § 801(a)(1), inserted FSM Compact and the U.S.-RMI Compact and before period at end of first sentence ‘‘, including Arti- this joint resolution, the Agreement Concluded cle X of the Federal Programs and Services Agreement Pursuant to Section 234 of the Compact of Free Between the Government of the United States and the Association and referred to in section 462(a)(1) of Government of the Federated States of Micronesia, as the U.S.-FSM Compact and section 462(a)(4) of amended under the Agreement to Amend Article X that was signed by those two Governments on June 30, 2004, the U.S.-RMI Compact shall be deemed to be a which shall serve as the authority to implement the bilateral agreement between the United States provisions thereof’’. and each other party to such subsidiary agree- Subsec. (b). Pub. L. 110–229, § 801(a)(2), inserted before ment. The consent or concurrence of any other period at end of first sentence ‘‘, including Article X of party shall not be required for the effectiveness the Federal Programs and Services Agreement Between of any actions taken by the United States in the Government of the United States and the Govern- conjunction with either the Federated States of ment of the Republic of the Marshall Islands, as amend- Micronesia or the Republic of the Marshall Is- ed under the Agreement to Amend Article X that was signed by those two Governments on June 18, 2004, lands which are intended to affect the imple- which shall serve as the authority to implement the mentation, modification, suspension, or termi- provisions thereof’’. nation of such subsidiary agreement (or any pro- vision thereof) as regards the mutual respon- EFFECTIVE DATE OF 2008 AMENDMENT sibilities of the United States and the party in Pub. L. 110–229, title VIII, § 801(b), May 8, 2008, 122 conjunction with whom the actions are taken. Stat. 870, provided that: ‘‘The amendments made by § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 238 this section [amending this section] shall be effective that the people of the Federated States of Micronesia as of the date that is 180 days after the date of enact- have the right to enjoy self-government; and ment of this Act [May 8, 2008].’’ ‘‘Affirming the common interests of the United States of America and the Federated States of Micro- CLARIFICATION OF TAX-FREE STATUS OF TRUST FUNDS nesia in creating and maintaining their close and mu- Pub. L. 110–229, title VIII, § 809, May 8, 2008, 122 Stat. tually beneficial relationship through the free and vol- 874, provided that: ‘‘In the U.S.–RMI Compact [section untary association of their respective Governments; 201(b) of Pub. L. 108–188, set out below], the U.S.–FSM and Compact [section 201(a) of Pub. L. 108–188, set out ‘‘Affirming the interest of the Government of the below], and their respective trust fund subsidiary United States in promoting the economic advancement agreements, for the purposes of taxation by the United and budgetary self-reliance of the Federated States of States or its subsidiary jurisdictions, the term ‘State’ Micronesia; and means ‘State, territory, or the District of Columbia’.’’ ‘‘Recognizing that their relationship until the entry into force on November 3, 1986 of the Compact was RECITAL CLAUSES based upon the International Trusteeship System of Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2723, which en- the United Nations Charter, and in particular Article 76 acted this part and provisions set out as notes under of the Charter; and that pursuant to Article 76 of the this section and amended provisions set out as a note Charter, the people of the Federated States of Microne- under section 3101 of Title 5, Government Organization sia have progressively developed their institutions of and Employees, contained several ‘‘Whereas’’ clauses self-government, and that in the exercise of their sov- reading as follows: ereign right to self-determination they, through their ‘‘Whereas the United States (in accordance with the freely-expressed wishes, have adopted a Constitution Trusteeship Agreement for the Trust Territory of the appropriate to their particular circumstances; and Pacific Islands, the United Nations Charter, and the ob- ‘‘Recognizing that the Compact reflected their com- jectives of the international trusteeship system of the mon desire to terminate the Trusteeship and establish United Nations) fulfilled its obligations to promote the a government-to-government relationship which was in development of the people of the Trust Territory to- accordance with the new political status based on the ward self-government or independence as appropriate freely expressed wishes of the people of the Federated to the particular circumstances of the Trust Territory States of Micronesia and appropriate to their particu- and its peoples and the freely expressed wishes of the lar circumstances; and peoples concerned; ‘‘Recognizing that the people of the Federated States ‘‘Whereas the United States, the Federated States of of Micronesia have and retain their sovereignty and Micronesia, and the Republic of the Marshall Islands their sovereign right to self-determination and the in- entered into the Compact of Free Association set forth herent right to adopt and amend their own Constitu- in title II of Public Law 99–239, January 14, 1986, 99 tion and form of government and that the approval of Stat. 1770 [set out as a note under section 1901 of this the entry of the Government of the Federated States of title], to create and maintain a close and mutually ben- Micronesia into the Compact by the people of the Fed- eficial relationship; erated States of Micronesia constituted an exercise of ‘‘Whereas the United States, in accordance with sec- their sovereign right to self-determination; and tion 231 of the Compact of Free Association entered ‘‘Recognizing the common desire of the people of the into negotiations with the Governments of the Fed- United States and the people of the Federated States of erated States of Micronesia and the Republic of the Micronesia to maintain their close government-to-gov- Marshall Islands to provide continued United States as- ernment relationship, the United States and the Fed- sistance and to reaffirm its commitment to this close erated States of Micronesia: and beneficial relationship; and ‘‘NOW, THEREFORE, MUTUALLY AGREE to con- ‘‘Whereas these negotiations, in accordance with sec- tinue and strengthen their relationship of free associa- tion 431 of the Compact, resulted in the ‘Compact of tion by amending the Compact, which continues to pro- Free Association, as amended between the Government vide a full measure of self-government for the people of of the United States of America and the Government of the Federated States of Micronesia; and the Federated States of Micronesia’ [set out below], ‘‘FURTHER AGREE that the relationship of free as- and the ‘Compact of Free Association, as amended be- sociation derives from and is as set forth in this Com- tween the Government of the United States of America pact, as amended, by the Governments of the United and the Government of the Republic of the Marshall Is- States and the Federated States of Micronesia; and lands’ [set out below], which, together with their relat- that, during such relationship of free association, the ed agreements, were signed by the Government of the respective rights and responsibilities of the Govern- United States and the Governments of the Federated ment of the United States and the Government of the States of Micronesia and the Republic of the Marshall Federated States of Micronesia in regard to this rela- Islands on May 14, and April 30, 2003, respectively’’. tionship of free association derive from and are as set forth in this Compact, as amended. COMPACT OF FREE ASSOCIATION, AS AMENDED, BE- ‘‘TITLE ONE TWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE FEDERATED ‘‘GOVERNMENTAL RELATIONS STATES OF MICRONESIA ‘‘Article I Pub. L. 108–188, title II, § 201(a), Dec. 17, 2003, 117 Stat. ‘‘Self-Government 2757, as amended by Pub. L. 110–229, title VIII, ‘‘Section 111 § 806(b)(1), May 8, 2008, 122 Stat. 871, provided that: ‘‘The ‘‘The people of the Federated States of Micronesia, Compact of Free Association, as amended, between the acting through the Government established under their Government of the United States of America and the Constitution, are self-governing. Government of the Federated States of Micronesia is as follows: ‘‘Article II

‘‘PREAMBLE ‘‘Foreign Affairs ‘‘Section 121 ‘‘THE GOVERNMENT OF THE UNITED STATES OF AMERICA ‘‘(a) The Government of the Federated States of Mi- AND THE GOVERNMENT OF THE FEDERATED STATES OF cronesia has the capacity to conduct foreign affairs and MICRONESIA shall do so in its own name and right, except as other- ‘‘Affirming that their Governments and their rela- wise provided in this Compact, as amended. tionship as Governments are founded upon respect for ‘‘(b) The foreign affairs capacity of the Government human rights and fundamental freedoms for all, and of the Federated States of Micronesia includes: Page 239 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘(1) the conduct of foreign affairs relating to law of resulted from the application pursuant to the Trustee- the sea and marine resources matters, including the ship Agreement of any treaty or other international harvesting, conservation, exploration or exploitation agreement to the Trust Territory of the Pacific Islands of living and non-living resources from the sea, sea- on November 2, 1986, are, as of that date, no longer as- bed or subsoil to the full extent recognized under sumed and enjoyed by the Government of the United international law; States. ‘‘(2) the conduct of its commercial, diplomatic, con- sular, economic, trade, banking, postal, civil avia- ‘‘Article III tion, communications, and cultural relations, includ- ‘‘Communications ing negotiations for the receipt of developmental loans and grants and the conclusion of arrangements ‘‘Section 131 with other governments and international and inter- ‘‘(a) The Government of the Federated States of Mi- governmental organizations, including any matters cronesia has full authority and responsibility to regu- specially benefiting its individual citizens. late its domestic and foreign communications, and the ‘‘(c) The Government of the United States recognizes Government of the United States shall provide commu- that the Government of the Federated States of Micro- nications assistance as mutually agreed. nesia has the capacity to enter into, in its own name ‘‘(b) On May 24, 1993, the Government of the Fed- and right, treaties and other international agreements erated States of Micronesia elected to undertake all with governments and regional and international orga- functions previously performed by the Government of nizations. the United States with respect to domestic and foreign ‘‘(d) In the conduct of its foreign affairs, the Govern- communications, except for those functions set forth in ment of the Federated States of Micronesia confirms a separate agreement entered into pursuant to this sec- that it shall act in accordance with principles of inter- tion of the Compact, as amended. national law and shall settle its international disputes ‘‘Section 132 by peaceful means. ‘‘The Government of the Federated States of Micro- ‘‘Section 122 nesia shall permit the Government of the United States ‘‘The Government of the United States shall support to operate telecommunications services in the Fed- applications by the Government of the Federated erated States of Micronesia to the extent necessary to States of Micronesia for membership or other partici- fulfill the obligations of the Government of the United pation in regional or international organizations as States under this Compact, as amended, in accordance may be mutually agreed. with the terms of separate agreements entered into pursuant to this section of the Compact, as amended. ‘‘Section 123 ‘‘(a) In recognition of the authority and responsibil- ‘‘Article IV ity of the Government of the United States under Title Three, the Government of the Federated States of Mi- ‘‘Immigration cronesia shall consult, in the conduct of its foreign af- ‘‘Section 141 fairs, with the Government of the United States. ‘‘(a) In furtherance of the special and unique relation- ‘‘(b) In recognition of the foreign affairs capacity of ship that exists between the United States and the Fed- the Government of the Federated States of Micronesia, erated States of Micronesia, under the Compact, as the Government of the United States, in the conduct of amended, any person in the following categories may its foreign affairs, shall consult with the Government be admitted to, lawfully engage in occupations, and es- of the Federated States of Micronesia on matters that tablish residence as a nonimmigrant in the United the Government of the United States regards as relat- States and its territories and possessions (the ‘United ing to or affecting the Government of the Federated States’) without regard to paragraph (5) or (7)(B)(i)(II) States of Micronesia. of section 212(a) of the Immigration and Nationality ‘‘Section 124 Act, as amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II): ‘‘The Government of the United States may assist or ‘‘(1) a person who, on November 2, 1986, was a citi- act on behalf of the Government of the Federated zen of the Trust Territory of the Pacific Islands, as States of Micronesia in the area of foreign affairs as defined in Title 53 of the Trust Territory Code in may be requested and mutually agreed from time to force on January 1, 1979, and has become and remains time. The Government of the United States shall not be a citizen of the Federated States of Micronesia; responsible to third parties for the actions of the Gov- ‘‘(2) a person who acquires the citizenship of the ernment of the Federated States of Micronesia under- Federated States of Micronesia at birth, on or after taken with the assistance or through the agency of the the effective date of the Constitution of the Fed- Government of the United States pursuant to this sec- erated States of Micronesia; tion unless expressly agreed. ‘‘(3) an immediate relative of a person referred to in paragraphs (1) or (2) of this section, provided that ‘‘Section 125 such immediate relative is a naturalized citizen of ‘‘The Government of the United States shall not be the Federated States of Micronesia who has been an responsible for nor obligated by any actions taken by actual resident there for not less than five years after the Government of the Federated States of Micronesia attaining such naturalization and who holds a certifi- in the area of foreign affairs, except as may from time cate of actual residence, and further provided, that, to time be expressly agreed. in the case of a spouse, such spouse has been married ‘‘Section 126 to the person referred to in paragraph (1) or (2) of this ‘‘At the request of the Government of the Federated section for at least five years, and further provided, States of Micronesia and subject to the consent of the that the Government of the United States is satisfied receiving state, the Government of the United States that such naturalized citizen meets the requirement shall extend consular assistance on the same basis as of subsection (b) of section 104 of Public Law 99–239 as for citizens of the United States to citizens of the Fed- it was in effect on the day prior to the effective date erated States of Micronesia for travel outside the Fed- of this Compact, as amended; erated States of Micronesia, the United States and its ‘‘(4) a naturalized citizen of the Federated States of territories and possessions. Micronesia who was an actual resident there for not less than five years after attaining such naturaliza- ‘‘Section 127 tion and who satisfied these requirements as of April ‘‘Except as otherwise provided in this Compact, as 30, 2003, who continues to be an actual resident and amended, or its related agreements, all obligations, re- holds a certificate of actual residence, and whose sponsibilities, rights and benefits of the Government of name is included in a list furnished by the Govern- the United States as Administering Authority which ment of the Federated States of Micronesia to the § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 240

Government of the United States no later than the ‘‘(f) The Immigration and Nationality Act, as amend- effective date of the Compact, as amended, in form ed, shall apply to any person admitted or seeking ad- and content acceptable to the Government of the mission to the United States (other than a United United States, provided, that the Government of the States possession or territory where such Act does not United States is satisfied that such naturalized citi- apply) under the Compact or the Compact, as amended, zen meets the requirement of subsection (b) of sec- and nothing in the Compact or the Compact, as amend- tion 104 of Public Law 99–239 as it was in effect on the ed, shall be construed to limit, preclude, or modify the day prior to the effective date of this Compact, as applicability of, with respect to such person: amended; or ‘‘(1) any ground of inadmissibility or deportability ‘‘(5) an immediate relative of a citizen of the Fed- under such Act (except sections 212(a)(5) and erated States of Micronesia, regardless of the imme- 212(a)(7)(B)(i)(II) of such Act, as provided in sub- diate relative’s country of citizenship or period of section (a) of this section), and any defense thereto, residence in the Federated States of Micronesia, if provided that, section 237(a)(5) of such Act shall be the citizen of the Federated States of Micronesia is construed and applied as if it reads as follows: ‘any serving on active duty in any branch of the United alien who has been admitted under the Compact, or States Armed Forces, or in the active reserves. the Compact, as amended, who cannot show that he ‘‘(b) Notwithstanding subsection (a) of this section, a or she has sufficient means of support in the United person who is coming to the United States pursuant to States, is deportable’; an adoption outside the United States, or for the pur- ‘‘(2) the authority of the Government of the United pose of adoption in the United States, is ineligible for States under section 214(a)(1) of such Act to provide admission under the Compact and the Compact, as that admission as a nonimmigrant shall be for such amended. This subsection shall apply to any person time and under such conditions as the Government of who is or was an applicant for admission to the United the United States may by regulations prescribe; States on or after March 1, 2003, including any appli- ‘‘(3) except for the treatment of certain documenta- cant for admission in removal proceedings (including tion for purposes of section 274A(b)(1)(B) of such Act appellate proceedings) on or after March 1, 2003, regard- as provided by subsection (d) of this section of the less of the date such proceedings were commenced. This Compact, as amended, any requirement under section subsection shall have no effect on the ability of the 274A, including but not limited to section Government of the United States or any United States 274A(b)(1)(E); State or local government to commence or otherwise ‘‘(4) section 643 of the Illegal Immigration Reform take any action against any person or entity who has and Immigrant Responsibility Act of 1996, Public Law violated any law relating to the adoption of any person. 104–208, and actions taken pursuant to section 643; ‘‘(c) Notwithstanding subsection (a) of this section, and no person who has been or is granted citizenship in the ‘‘(5) the authority of the Government of the United Federated States of Micronesia, or has been or is issued States otherwise to administer and enforce the Immi- a Federated States of Micronesia passport pursuant to gration and Nationality Act, as amended, or other any investment, passport sale, or similar program has United States law. been or shall be eligible for admission to the United ‘‘(g) Any authority possessed by the Government of States under the Compact or the Compact, as amended. the United States under this section of the Compact or ‘‘(d) A person admitted to the United States under the Compact, as amended, may also be exercised by the the Compact, or the Compact, as amended, shall be con- Government of a territory or possession of the United sidered to have the permission of the Government of States where the Immigration and Nationality Act, as the United States to accept employment in the United amended, does not apply, to the extent such exercise of States. An unexpired Federated States of Micronesia authority is lawful under a statute or regulation of passport with unexpired documentation issued by the such territory or possession that is authorized by the Government of the United States evidencing admission laws of the United States. under the Compact or the Compact, as amended, shall ‘‘(h) Subsection (a) of this section does not confer on be considered to be documentation establishing iden- a citizen of the Federated States of Micronesia the tity and employment authorization under section right to establish the residence necessary for natu- 274A(b)(1)(B) of the Immigration and Nationality Act, ralization under the Immigration and Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B). The Government of as amended, or to petition for benefits for alien rel- the United States will take reasonable and appropriate atives under that Act. Subsection (a) of this section, steps to implement and publicize this provision, and however, shall not prevent a citizen of the Federated the Government of the Federated States of Micronesia States of Micronesia from otherwise acquiring such will also take reasonable and appropriate steps to pub- rights or lawful permanent resident alien status in the licize this provision. United States. ‘‘(e) For purposes of the Compact and the Compact, as amended: ‘‘Section 142 ‘‘(1) the term ‘residence’ with respect to a person ‘‘(a) Any citizen or national of the United States may means the person’s principal, actual dwelling place in be admitted, to lawfully engage in occupations, and re- fact, without regard to intent, as provided in section side in the Federated States of Micronesia, subject to 101(a)(33) of the Immigration and Nationality Act, as the rights of the Government of the Federated States amended, 8 U.S.C. 1101(a)(33), and variations of the of Micronesia to deny entry to or deport any such citi- term ‘residence,’ including ‘resident’ and ‘reside,’ zen or national as an undesirable alien. Any determina- shall be similarly construed; tion of inadmissibility or deportability shall be based ‘‘(2) the term ‘actual residence’ means physical on reasonable statutory grounds and shall be subject to presence in the Federated States of Micronesia dur- appropriate administrative and judicial review within ing eighty-five percent of the five-year period of resi- the Federated States of Micronesia. If a citizen or na- dency required by section 141(a)(3) and (4); tional of the United States is a spouse of a citizen of ‘‘(3) the term ‘certificate of actual residence’ means the Federated States of Micronesia, the Government of a certificate issued to a naturalized citizen by the the Federated States of Micronesia shall allow the Government of the Federated States of Micronesia United States citizen spouse to establish residence. stating that the citizen has complied with the actual Should the Federated States of Micronesia citizen residence requirement of section 141(a)(3) or (4); spouse predecease the United States citizen spouse dur- ‘‘(4) the term ‘nonimmigrant’ means an alien who is ing the marriage, the Government of the Federated not an ‘immigrant’ as defined in section 101(a)(15) of States of Micronesia shall allow the United States citi- such Act, 8 U.S.C. 1101(a)(15); and zen spouse to continue to reside in the Federated ‘‘(5) the term ‘immediate relative’ means a spouse, States of Micronesia. or unmarried son or unmarried daughter less than 21 ‘‘(b) In enacting any laws or imposing any require- years of age. ments with respect to citizens and nationals of the Page 241 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

United States entering the Federated States of Micro- icy to promote efforts to prevent or eliminate damage nesia under subsection (a) of this section, including any to the environment and biosphere and to enrich under- grounds of inadmissibility or deportability, the Gov- standing of the natural resources of the Federated ernment of the Federated States of Micronesia shall ac- States of Micronesia. In order to carry out this policy, cord to such citizens and nationals of the United States the Government of the United States and the Govern- treatment no less favorable than that accorded to citi- ment of the Federated States of Micronesia agree to zens of other countries. the following mutual and reciprocal undertakings. ‘‘(c) Consistent with subsection (a) of this section, ‘‘(a) The Government of the United States: with respect to citizens and nationals of the United ‘‘(1) shall continue to apply the environmental con- States seeking to engage in employment or invest in trols in effect on November 2, 1986 to those of its con- the Federated States of Micronesia, the Government of tinuing activities subject to section 161(a)(2), unless the Federated States of Micronesia shall adopt immi- and until those controls are modified under sections gration-related procedures no less favorable than those 161(a)(3) and 161(a)(4); adopted by the Government of the United States with ‘‘(2) shall apply the National Environmental Policy respect to citizens of the Federated States of Microne- Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its sia seeking employment in the United States. activities under the Compact, as amended, and its re- ‘‘Section 143 lated agreements as if the Federated States of Micro- ‘‘Any person who relinquishes, or otherwise loses, his nesia were the United States; United States nationality or citizenship, or his Fed- ‘‘(3) shall comply also, in the conduct of any activ- erated States of Micronesia citizenship, shall be ineli- ity requiring the preparation of an Environmental gible to receive the privileges set forth in sections 141 Impact Statement under section 161(a)(2), with stand- and 142. Any such person may apply for admission to ards substantively similar to those required by the the United States or the Federated States of Microne- following laws of the United States, taking into ac- sia, as the case may be, in accordance with any other count the particular environment of the Federated applicable laws of the United States or the Federated States of Micronesia: the Endangered Species Act of States of Micronesia relating to immigration of aliens 1973, as amended, 87 Stat. 884, 16 U.S.C. 1531 et seq.; from other countries. The laws of the Federated States the Clean Air Act, as amended, 77 Stat. 392, 42 U.S.C. of Micronesia or the United States, as the case may be, Supp. 7401 et seq.; the Clean Water Act (Federal shall dictate the terms and conditions of any such per- Water Pollution Control Act), as amended, 86 Stat. son’s stay. 896, 33 U.S.C. 1251 et seq.; Title I of the Marine Pro- tection, Research and Sanctuaries Act of 1972 (the ‘‘Article V Ocean Dumping Act), 33 U.S.C. 1411 et seq.; the Toxic ‘‘Representation Substances Control Act, as amended, 15 U.S.C. 2601 et ‘‘Section 151 seq.; the Solid Waste Disposal Act, as amended, 42 ‘‘Relations between the Government of the United U.S.C. 6901 et seq.; and such other environmental pro- States and the Government of the Federated States of tection laws of the United States and of the Fed- Micronesia shall be conducted in accordance with the erated States of Micronesia, as may be mutually Vienna Convention on Diplomatic Relations. In addi- agreed from time to time with the Government of the tion to diplomatic missions and representation, the Federated States of Micronesia; and Governments may establish and maintain other offices ‘‘(4) shall develop, prior to conducting any activity and designate other representatives on terms and in lo- requiring the preparation of an Environmental Im- cations as may be mutually agreed. pact Statement under section 161(a)(2), written stand- ards and procedures, as agreed with the Government ‘‘Section 152 of the Federated States of Micronesia, to implement ‘‘(a) Any citizen or national of the United States who, the substantive provisions of the laws made applica- without authority of the United States, acts as the ble to U.S. Government activities in the Federated agent of the Government of the Federated States of Mi- States of Micronesia, pursuant to section 161(a)(3). cronesia with regard to matters specified in the provi- ‘‘(b) The Government of the Federated States of Mi- sions of the Foreign Agents Registration Act of 1938, as cronesia shall continue to develop and implement amended (22 U.S.C. 611 et seq.), that apply with respect standards and procedures to protect its environment. to an agent of a foreign principal shall be subject to the As a reciprocal obligation to the undertakings of the requirements of such Act. Failure to comply with such Government of the United States under this Article, requirements shall subject such citizen or national to the Federated States of Micronesia, taking into ac- the same penalties and provisions of law as apply in the count its particular environment, shall continue to de- case of the failure of such an agent of a foreign prin- velop and implement standards for environmental pro- cipal to comply with such requirements. For purposes tection substantively similar to those required of the of the Foreign Agents Registration Act of 1938, the Fed- Government of the United States by section 161(a)(3) erated States of Micronesia shall be considered to be a prior to its conducting activities in the Federated foreign country. States of Micronesia, substantively equivalent to ac- ‘‘(b) Subsection (a) of this section shall not apply to tivities conducted there by the Government of the a citizen or national of the United States employed by United States and, as a further reciprocal obligation, the Government of the Federated States of Micronesia shall enforce those standards. with respect to whom the Government of the Federated ‘‘(c) Section 161(a), including any standard or proce- States of Micronesia from time to time certifies to the dure applicable thereunder, and section 161(b) may be Government of the United States that such citizen or modified or superseded in whole or in part by agree- national is an employee of the Federated States of Mi- ment of the Government of the United States and the cronesia whose principal duties are other than those Government of the Federated States of Micronesia. matters specified in the Foreign Agents Registration ‘‘(d) In the event that an Environmental Impact Act of 1938, as amended, that apply with respect to an Statement is no longer required under the laws of the agent of a foreign principal. The agency or officer of United States for major Federal actions significantly the United States receiving such certifications shall affecting the quality of the human environment, the cause them to be filed with the Attorney General, who regulatory regime established under sections 161(a)(3) shall maintain a publicly available list of the persons and 161(a)(4) shall continue to apply to such activities so certified. of the Government of the United States until amended ‘‘Article VI by mutual agreement. ‘‘(e) The President of the United States may exempt ‘‘Environmental Protection any of the activities of the Government of the United ‘‘Section 161 States under this Compact, as amended, and its related ‘‘The Governments of the United States and the Fed- agreements from any environmental standard or proce- erated States of Micronesia declare that it is their pol- dure which may be applicable under sections 161(a)(3) § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 242 and 161(a)(4) if the President determines it to be in the cronesia for the purpose of gathering data necessary to paramount interest of the Government of the United discharge its obligations under this Article, except to States to do so, consistent with Title Three of this the extent such access would unreasonably interfere Compact, as amended, and the obligations of the Gov- with the exercise of the authority and responsibility of ernment of the United States under international law. the Government of the Federated States of Micronesia Prior to any decision pursuant to this subsection, the under Title One, and to the extent necessary for this views of the Government of the Federated States of Mi- purpose shall be granted access to documents and other cronesia shall be sought and considered to the extent information to the same extent similar access is pro- practicable. If the President grants such an exemption, vided the Government of the Federated States of Mi- to the extent practicable, a report with his reasons for cronesia under the Freedom of Information Act, 5 granting such exemption shall be given promptly to the U.S.C. 552. Government of the Federated States of Micronesia. ‘‘(c) The Government of the Federated States of Mi- ‘‘(f) The laws of the United States referred to in sec- cronesia shall not impede efforts by the Government of tion 161(a)(3) shall apply to the activities of the Gov- the United States to comply with applicable standards ernment of the United States under this Compact, as and procedures. amended, and its related agreements only to the extent provided for in this section. ‘‘Article VII ‘‘Section 162 ‘‘General Legal Provisions ‘‘The Government of the Federated States of Micro- ‘‘Section 171 nesia may bring an action for judicial review of any ad- ‘‘Except as provided in this Compact, as amended, or ministrative agency action or any activity of the Gov- its related agreements, the application of the laws of ernment of the United States pursuant to section 161(a) the United States to the Trust Territory of the Pacific for enforcement of the obligations of the Government Islands by virtue of the Trusteeship Agreement ceased of the United States arising thereunder. The United with respect to the Federated States of Micronesia on States District Court for the District of Hawaii and the November 3, 1986, the date the Compact went into ef- United States District Court for the District of Colum- fect. bia shall have jurisdiction over such action or activity, and over actions brought under section 172(b) which re- ‘‘Section 172 late to the activities of the Government of the United ‘‘(a) Every citizen of the Federated States of Micro- States and its officers and employees, governed by sec- nesia who is not a resident of the United States shall tion 161, provided that: enjoy the rights and remedies under the laws of the ‘‘(a) Such actions may only be civil actions for any United States enjoyed by any non-resident alien. appropriate civil relief other than punitive damages ‘‘(b) The Government of the Federated States of Mi- against the Government of the United States or, cronesia and every citizen of the Federated States of where required by law, its officers in their official ca- Micronesia shall be considered to be a ‘person’ within pacity; no criminal actions may arise under this sec- the meaning of the Freedom of Information Act, 5 tion. U.S.C. 552, and of the judicial review provisions of the ‘‘(b) Actions brought pursuant to this section may Administrative Procedure Act, 5 U.S.C. 701–706, except be initiated only by the Government of the Federated that only the Government of the Federated States of States of Micronesia. Micronesia may seek judicial review under the Admin- ‘‘(c) Administrative agency actions arising under istrative Procedure Act or judicial enforcement under section 161 shall be reviewed pursuant to the standard the Freedom of Information Act when such judicial re- of judicial review set forth in 5 U.S.C. 706. view or enforcement relates to the activities of the ‘‘(d) The United States District Court for the Dis- Government of the United States governed by sections trict of Hawaii and the United States District Court 161 and 162. for the District of Columbia shall have jurisdiction to issue all necessary processes, and the Government of ‘‘Section 173 the United States agrees to submit itself to the juris- ‘‘The Governments of the United States and the Fed- diction of the court; decisions of the United States erated States of Micronesia agree to adopt and enforce District Court shall be reviewable in the United such measures, consistent with this Compact, as States Court of Appeals for the Ninth Circuit or the amended, and its related agreements, as may be nec- United States Court of Appeals for the District of Co- essary to protect the personnel, property, installations, lumbia, respectively, or in the United States Su- services, programs and official archives and documents preme Court as provided by the laws of the United maintained by the Government of the United States in States. the Federated States of Micronesia pursuant to this ‘‘(e) The judicial remedy provided for in this sec- Compact, as amended, and its related agreements and tion shall be the exclusive remedy for the judicial re- by the Government of the Federated States of Microne- view or enforcement of the obligations of the Govern- sia in the United States pursuant to this Compact, as ment of the United States under this Article and ac- amended, and its related agreements. tions brought under section 172(b) which relate to the ‘‘Section 174 activities of the Government of the United States and ‘‘Except as otherwise provided in this Compact, as its officers and employees governed by section 161. amended, and its related agreements: ‘‘(f) In actions pursuant to this section, the Govern- ‘‘(a) The Government of the Federated States of Mi- ment of the Federated States of Micronesia shall be cronesia, and its agencies and officials, shall be im- treated as if it were a United States citizen. mune from the jurisdiction of the court of the United ‘‘Section 163 States, and the Government of the United States, and ‘‘(a) For the purpose of gathering data necessary to its agencies and officials, shall be immune from the study the environmental effects of activities of the jurisdiction of the court of the Federated States of Government of the United States subject to the re- Micronesia. quirements of this Article, the Government of the Fed- ‘‘(b) The Government of the United States accepts erated States of Micronesia shall be granted access to responsibility for and shall pay: facilities operated by the Government of the United ‘‘(1) any unpaid money judgment rendered by the States in the Federated States of Micronesia, to the ex- High Court of the Trust Territory of the Pacific Is- tent necessary for this purpose, except to the extent lands against the Government of the United States such access would unreasonably interfere with the ex- with regard to any cause of action arising as a re- ercise of the authority and responsibility of the Gov- sult of acts or omissions of the Government of the ernment of the United States under Title Three. Trust Territory of the Pacific Islands or the Gov- ‘‘(b) The Government of the United States, in turn, ernment of the United States prior to November 3, shall be granted access to the Federated States of Mi- 1986; Page 243 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘(2) any claim settled by the claimant and the ‘‘Section 177 Government of the Trust Territory of the Pacific ‘‘Section 177 of the Compact entered into force with Islands but not paid as of November 3, 1986; and respect to the Federated States of Micronesia on No- ‘‘(3) settlement of any administrative claim or of vember 3, 1986 as follows: any action before a court of the Trust Territory of ‘‘ ‘(a) The Government of the United States accepts the Pacific Islands or the Government of the United the responsibility for compensation owing to citizens States, arising as a result of acts or omissions of of the Marshall Islands, or the Federated States of the Government of the Trust Territory of the Pa- Micronesia (or Palau) for loss or damage to property cific Islands or the Government of the United and person of the citizens of the Marshall Islands, or States. the Federated States of Micronesia, resulting from ‘‘(c) Any claim not referred to in section 174(b) and the nuclear testing program which the Government arising from an act or omission of the Government of of the United States conducted in the Northern Mar- the Trust Territory of the Pacific Islands or the Gov- shall Islands between June 30, 1946, and August 18, ernment of the United States prior to the effective 1958. date of the Compact shall be adjudicated in the same ‘‘ ‘(b) The Government of the United States and the manner as a claim adjudicated according to section Government of the Marshall Islands shall set forth in 174(d). In any claim against the Government of the a separate agreement provisions for the just and ade- Trust Territory of the Pacific Islands, the Govern- quate settlement of all such claims which have arisen ment of the United States shall stand in the place of in regard to the Marshall Islands and its citizens and the Government of the Trust Territory of the Pacific which have not as yet been compensated or which in Islands. A judgment on any claim referred to in sec- the future may arise, for the continued administra- tion 174(b) or this subsection, not otherwise satisfied tion by the Government of the United States of direct by the Government of the United States, may be pre- radiation related medical surveillance and treatment sented for certification to the United States Court of programs and radiological monitoring activities and Appeals for the Federal Circuit, or its successor for such additional programs and activities as may be courts, which shall have jurisdiction therefore, not- mutually agreed, and for the assumption by the Gov- withstanding the provisions of 28 U.S.C. 1502, and ernment of the Marshall Islands of responsibility for which court’s decisions shall be reviewable as pro- enforcement of limitations on the utilization of af- vided by the laws of the United States. The United fected areas developed in cooperation with the Gov- States Court of Appeals for the Federal Circuit shall ernment of the United States and for the assistance certify such judgment, and order payment thereof, by the Government of the United States in the exer- unless it finds, after a hearing, that such judgment is cise of such responsibility as may be mutually manifestly erroneous as to law or fact, or manifestly agreed. This separate agreement shall come into ef- excessive. In either of such cases the United States fect simultaneously with this Compact and shall re- Court of Appeals for the Federal Circuit shall have main in effect in accordance with its own terms. jurisdiction to modify such judgment. ‘‘ ‘(c) The Government of the United States shall ‘‘(d) The Government of the Federated States of Mi- provide to the Government of the Marshall Islands, cronesia shall not be immune from the jurisdiction of on a grant basis, the amount of $150 million to be the courts of the United States, and the Government paid and distributed in accordance with the separate of the United States shall not be immune from the ju- agreement referred to in this Section, and shall pro- risdiction of the courts of the Federated States of Mi- vide the services and programs set forth in this sepa- cronesia in any civil case in which an exception to rate agreement, the language of which is incor- foreign state immunity is set forth in the Foreign porated into this Compact.’. Sovereign Immunities Act (28 U.S.C. 1602 et seq.) or ‘‘The Compact, as amended, makes no changes to, its successor statutes. [As amended Pub. L. 110–229, and has no effect upon, Section 177 of the Compact, nor title VIII, § 806(b)(1)(A), May 8, 2008, 122 Stat. 871.] does the Compact, as amended, change or affect the separate agreement referred to in Section 177 of the ‘‘Section 175 Compact including Articles IX and X of that separate ‘‘(a) A separate agreement, which shall come into ef- agreement, and measures taken by the parties there- fect simultaneously with this Compact, as amended, under. [As amended Pub. L. 110–229, title VIII, and shall have the force of law, shall govern mutual as- § 806(b)(1)(B), May 8, 2008, 122 Stat. 872.] sistance and cooperation in law enforcement matters, including the pursuit, capture, imprisonment and ex- ‘‘Section 178 tradition of fugitives from justice and the transfer of ‘‘(a) The Federal agencies of the Government of the prisoners, as well as other law enforcement matters. In United States that provide the services and related pro- the United States, the laws of the United States gov- grams in the Federated States of Micronesia pursuant erning international extradition, including 18 U.S.C. to Title Two are authorized to settle and pay tort 3184, 3186 and 3188–95, shall be applicable to the extra- claims arising in the Federated States of Micronesia dition of fugitives under the separate agreement, and from the activities of such agencies or from the acts or the laws of the United States governing the transfer of omissions of the employees of such agencies. Except as prisoners, including 18 U.S.C. 4100–15, shall be applica- provided in section 178(b), the provisions of 28 U.S.C. ble to the transfer of prisoners under the separate 2672 and 31 U.S.C. 1304 shall apply exclusively to such agreement; and administrative settlements and payments. ‘‘(b) A separate agreement, which shall come into ef- ‘‘(b) Claims under section 178(a) that cannot be set- fect simultaneously with this Compact, as amended, tled under section 178(a) shall be disposed of exclusively and shall have the force of law, shall govern require- in accordance with Article II of Title Four. Arbitration ments relating to labor recruitment practices, includ- awards rendered pursuant to this subsection shall be ing registration, reporting, suspension or revocation of paid out of funds under 31 U.S.C. 1304. authorization to recruit persons for employment in the ‘‘(c) The Government of the United States and the United States, and enforcement for violations of such Government of the Federated States of Micronesia requirements. shall, in the separate agreement referred to in section 231, provide for: ‘‘Section 176 ‘‘(1) the administrative settlement of claims re- ‘‘The Government of the Federated States of Micro- ferred to in section 178(a), including designation of nesia confirms that final judgments in civil cases ren- local agents in each State of the Federated States of dered by any court of the Trust Territory of the Pacific Micronesia; such agents to be empowered to accept, Islands shall continue in full force and effect, subject investigate and settle such claims, in a timely man- to the constitutional power of the courts of the Fed- ner, as provided in such separate agreements; and erated States of Micronesia to grant relief from judg- ‘‘(2) arbitration, referred to in section 178(b), in a ments in appropriate cases. timely manner, at a site convenient to the claimant, § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 244

in the event a claim is not otherwise settled pursuant . . . required by the terms or special nature of the as- to section 178(a). sistance’ for purposes of Article XII, section 1(b) of the ‘‘(d) The provisions of section 174(d) shall not apply to Constitution of the Federated States of Micronesia. claims covered by this section. ‘‘(1) EDUCATION.—United States grant assistance ‘‘(e) Except as otherwise explicitly provided by law of shall be made available in accordance with the plan the United States, neither the Government of the described in subsection (c) of this section to support United States, its instrumentalities, nor any person and improve the educational system of the Federated acting on behalf of the Government of the United States of Micronesia and develop the human, finan- States, shall be named a party in any action based on, cial, and material resources necessary for the Gov- or arising out of, the activity or activities of a recipi- ernment of the Federated States of Micronesia to per- ent of any grant or other assistance provided by the form these services. Emphasis should be placed on ad- Government of the United States (or the activity or ac- vancing a quality basic education system. tivities of the recipient’s agency or any other person or ‘‘(2) HEALTH.—United States grant assistance shall entity acting on behalf of the recipient). be made available in accordance with the plan de- scribed in subsection (c) of this section to support ‘‘Section 179 and improve the delivery of preventive, curative and ‘‘(a) The courts of the Federated States of Micronesia environmental care and develop the human, finan- shall not exercise criminal jurisdiction over the Gov- cial, and material resources necessary for the Gov- ernment of the United States, or its instrumentalities. ernment of the Federated States of Micronesia to per- ‘‘(b) The courts of the Federated States of Micronesia form these services. shall not exercise criminal jurisdiction over any person ‘‘(3) PRIVATE SECTOR DEVELOPMENT.—United States if the Government of the United States provides notifi- grant assistance shall be made available in accord- cation to the Government of the Federated States of ance with the plan described in subsection (c) of this Micronesia that such person was acting on behalf of the section to support the efforts of the Government of Government of the United States, for actions taken in the Federated States of Micronesia to attract foreign furtherance of section 221 or 224 of this Compact, as investment and increase indigenous business activity amended,, [sic] or any other provision of law authoriz- by vitalizing the commercial environment, ensuring ing financial, program, or service assistance to the fair and equitable application of the law, promoting Federated States of Micronesia. [As amended Pub. L. adherence to core labor standards, and maintaining 110–229, title VIII, § 806(b)(1)(C), May 8, 2008, 122 Stat. progress toward privatization of state-owned and par- 872.] tially state-owned enterprises, and engaging in other reforms. ‘‘TITLE TWO ‘‘(4) CAPACITY BUILDING IN THE PUBLIC SECTOR.— United States grant assistance shall be made avail- ‘‘ECONOMIC RELATIONS able in accordance with the plan described in sub- ‘‘Article I section (c) of this section to support the efforts of the Government of the Federated States of Micronesia to ‘‘Grant Assistance build effective, accountable and transparent national, ‘‘Section 211 - Sector Grants state, and local government and other public sector ‘‘(a) In order to assist the Government of the Fed- institutions and systems. erated States of Micronesia in its efforts to promote ‘‘(5) ENVIRONMENT.—United States grant assistance the economic advancement, budgetary self-reliance, shall be made available in accordance with the plan and economic self-sufficiency of its people, and in rec- described in subsection (c) of this section to increase ognition of the special relationship that exists between environmental protection; conserve and achieve sus- the Federated States of Micronesia and the United tainable use of natural resources; and engage in envi- States, the Government of the United States shall pro- ronmental infrastructure planning, design construc- vide assistance on a sector grant basis for a period of tion and operation. ‘‘(6) PUBLIC INFRASTRUCTURE.— twenty years in the amounts set forth in section 216, ‘‘(i) U.S. annual grant assistance shall be made commencing on the effective date of this Compact, as available in accordance with a list of specific amended. Such grants shall be used for assistance in projects included in the plan described in sub- the sectors of education, health care, private sector de- section (c) of this section to assist the Government velopment, the environment, public sector capacity of the Federated States of Micronesia in its efforts building, and public infrastructure, or for other sectors to provide adequate public infrastructure. as mutually agreed, with priorities in the education ‘‘(ii) INFRASTRUCTURE AND MAINTENANCE FUND.— and health care sectors. For each year such sector Five percent of the annual public infrastructure grant assistance is made available, the proposed divi- grant made available under paragraph (i) of this sion of this amount among these sectors shall be cer- subsection shall be set aside, with an equal con- tified to the Government of the United States by the tribution from the Government of the Federated Government of the Federated States of Micronesia and States of Micronesia, as a contribution to an Infra- shall be subject to the concurrence of the Government structure Maintenance Fund (IMF). Administration of the United States. In such case, the Government of of the Infrastructure Maintenance Fund shall be the United States shall disburse the agreed upon governed by the Fiscal Procedures Agreement. amounts and monitor the use of such sector grants in ‘‘(b) HUMANITARIAN ASSISTANCE.—Federated States of accordance with the provisions of this Article and the Micronesia Program. In recognition of the special de- Agreement Concerning Procedures for the Implementa- velopment needs of the Federated States of Micronesia, tion of United States Economic Assistance Provided in the Government of the United States shall make avail- the Compact of Free Association, as amended[,] Be- able to the Federated States of Micronesia, on its re- tween the Government of the United States of America quest and to be deducted from the grant amount made and the Government of the Federated States of Micro- available under subsection (a) of this section, a Human- nesia (‘Fiscal Procedures Agreement’) which shall come itarian Assistance - Federated States of Micronesia into effect simultaneously with this Compact, as (‘HAFSM’) Program with emphasis on health, edu- amended. The provision of any United States assistance cation, and infrastructure (including transportation), under the Compact, as amended, the Fiscal Procedures projects. The terms and conditions of the HAFSM shall Agreement, the Agreement Between the Government of be set forth in the Agreement Regarding the Military the United States of America and the Government of Use and Operating Rights of the Government of the the Federated States of Micronesia Implementing Sec- United States in the Government of the Federated tion 215 and Section 216 of the Compact, as Amended, States of Micronesia Concluded Pursuant to Sections Regarding a Trust Fund (Trust Fund Agreement), or 211(b), 321, and 323 of the Compact of Free Association, any other subsidiary agreement to the Compact, as as amended, which shall come into effect simulta- amended, shall constitute ‘a particular distribution neously with the amendments to this Compact. Page 245 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘(c) DEVELOPMENT PLAN.—The Government of the ‘‘Section 214 - Annual Report Federated States of Micronesia shall prepare and main- ‘‘The Government of the Federated States of Micro- tain an official overall development plan. The plan nesia shall report annually to the President of the shall be strategic in nature, shall be continuously re- United States on the use of United States sector grant viewed and updated through the annual budget process, assistance and other assistance and progress in meeting and shall make projections on a multi-year rolling mutually agreed program and economic goals. The basis. Each of the sectors named in subsection (a) of Joint Economic Management Committee shall review this section, or other sectors as mutually agreed, shall and comment on the report and make appropriate rec- be accorded specific treatment in the plan. Insofar as ommendations based thereon. grants funds are involved, the plan shall be subject to the concurrence of the Government of the United ‘‘Section 215 - Trust Fund States. ‘‘(a) The United States shall contribute annually for ‘‘(d) DISASTER ASSISTANCE EMERGENCY FUND.—An twenty years from the effective date of this Compact, amount of two hundred thousand dollars ($200,000) shall as amended, in the amounts set forth in section 216 into be provided annually, with an equal contribution from a Trust Fund established in accordance with the Agree- the Government of the Federated States of Micronesia, ment Between the Government of the United States of as a contribution to a ‘Disaster Assistance Emergency America and the Government of the Federated States Fund (DAEF).’ Any funds from the DAEF may be used of Micronesia Implementing Section 215 and Section 216 only for assistance and rehabilitation resulting from of the Compact, as Amended, Regarding a Trust Fund disasters and emergencies. The funds will be accessed (‘Trust Fund Agreement’). Upon termination of the an- upon declaration by the Government of the Federated nual financial assistance under section 211, the pro- States of Micronesia, with the concurrence of the ceeds of the fund shall thereafter be used for the pur- United States Chief of Mission to the Federated States poses described in section 211 or as otherwise mutually of Micronesia. The Administration of the DAEF shall agreed. be governed by the Fiscal Procedures Agreement and ‘‘(b) The United States contribution into the Trust the Federal Programs and Services Agreement referred Fund described in subsection (a) of this section is con- to in section 231. [As amended Pub. L. 110–229, title ditioned on the Government of the Federated States of VIII, § 806(b)(1)(D), May 8, 2008, 122 Stat. 872.] Micronesia contributing to the Trust Fund at least $30 million, prior to September 30, 2004. Any funds received ‘‘Section 212 - Accountability by the Federated States of Micronesia under section ‘‘(a) Regulations and policies normally applicable to 111(d) of Public Law 99–239 (January 14, 1986), or succes- United States financial assistance to its state and local sor provisions, would be contributed to the Trust Fund governments, as reflected in the Fiscal Procedures as a Federated States of Micronesia contribution. Agreement, shall apply to each sector grant described ‘‘(c) The terms regarding the investment and manage- in section 211, and to grants administered under section ment of funds and use of the income of the Trust Fund 221 below, except as modified in the separate agree- shall be set forth in the separate Trust Fund Agree- ments referred to in section 231 of this Compact, as ment described in subsection (a) of this section. Funds amended, or by United States law. The Government of derived from United States investment shall not be the United States, after annual consultations with the subject to Federal or state taxes in the United States Federated States of Micronesia, may attach reasonable or the Federated States of Micronesia. The Trust Fund terms and conditions, including annual performance in- Agreement shall also provide for annual reports to the dicators that are necessary to ensure effective use of Government of the United States and to the Govern- United States assistance and reasonable progress to- ment of the Federated States of Micronesia. The Trust ward achieving program objectives. The Government of Fund Agreement shall provide for appropriate distribu- the United States may seek appropriate remedies for tions of trust fund proceeds to the Federated States of noncompliance with the terms and conditions attached Micronesia and for appropriate remedies for the failure to the assistance, or for failure to comply with section of the Federated States of Micronesia to use income of 234, including withholding assistance. the Trust Fund for the annual grant purposes set forth ‘‘(b) The Government of the United States shall, for in section 211. These remedies may include the return each fiscal year of the twenty years during which as- to the United States of the present market value of its sistance is to be provided on a sector grant basis under contributions to the Trust Fund and the present mar- section 211, grant the Government of the Federated ket value of any undistributed income on the contribu- States of Micronesia an amount equal to the lesser of tions of the United States. If this Compact, as amend- (i) one half of the reasonable, properly documented cost ed, is terminated, the provisions of sections 451 through incurred during each fiscal year to conduct the annual 453 of this Compact, as amended, shall govern treat- audit required under Article VIII (2) of the Fiscal Pro- ment of any U.S. contributions to the Trust Fund or cedures Agreement or (ii) $500,000. Such amount will accrued interest thereon. [As amended Pub. L. 110–229, not be adjusted for inflation under section 217 or other- title VIII, § 806(b)(1)(E), May 8, 2008, 122 Stat. 872.] wise. ‘‘Section 216 - Sector Grant Funding and Trust Fund ‘‘Section 213 - Joint Economic Management Committee Contributions ‘‘The Governments of the United States and the Fed- ‘‘The funds described in sections 211, 212(b) and 215 erated States of Micronesia shall establish a Joint Eco- shall be made available as follows: nomic Management Committee, composed of a U.S. chair, two other members from the Government of the [In millions of dollars] United States and two members from the Government Audit of the Federated States of Micronesia. The Joint Eco- Annual Fiscal Grants Grant Sec- Trust nomic Management Committee shall meet at least once tion 212(b) Fund Sec- Total each year to review the audits and reports required year Section 211 (amount tion 215 under this Title, evaluate the progress made by the up to) Federated States of Micronesia in meeting the objec- tives identified in its plan described in subsection (c) of 2004 ..... 76.2 .5 16 92.7 section 211, with particular focus on those parts of the 2005 ..... 76.2 .5 16 92.7 plan dealing with the sectors identified in subsection 2006 ..... 76.2 .5 16 92.7 (a) of section 211, identify problems encountered, and 2007 ..... 75.4 .5 16.8 92.7 recommend ways to increase the effectiveness of U.S. assistance made available under this Title. The estab- 2008 ..... 74.6 .5 17.6 92.7 lishment and operations of the Joint Economic Man- 2009 ..... 73.8 .5 18.4 92.7 agement Committee shall be governed by the Fiscal 2010 ..... 73 .5 19.2 92.7 Procedures Agreement. 2011 ..... 72.2 .5 20 92.7 § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 246

[In millions of dollars] provided under subsection (a) of section 211 will be considered to be local revenues of the Government of Annual Audit the Federated States of Micronesia when used as the Fiscal Grants Grant Sec- Trust local share required to obtain Federal programs and year Section tion 212(b) Fund Sec- Total services. 211 (amount tion 215 ‘‘(2) Unless provided otherwise by U.S. law, the up to) services and programs described in paragraph (1) of this subsection shall be extended in accordance with 2012 ..... 71.4 .5 20.8 92.7 the terms of the Federal Programs and Services 2013 ..... 70.6 .5 21.6 92.7 Agreement referred to in section 231. 2014 ..... 69.8 .5 22.4 92.7 ‘‘(c) The Government of the United States shall have 2015 ..... 69 .5 23.2 92.7 and exercise such authority as is necessary to carry out 2016 ..... 68.2 .5 24 92.7 its responsibilities under this Title and the separate 2017 ..... 67.4 .5 24.8 92.7 agreement referred to in amended section 231, including 2018 ..... 66.6 .5 25.6 92.7 the authority to monitor and administer all service and program assistance provided by the United States to 2019 ..... 65.8 .5 26.4 92.7 the Federated States of Micronesia. The Federal Pro- 2020 ..... 65 .5 27.2 92.7 grams and Services Agreement referred to in amended 2021 ..... 64.2 .5 28 92.7 section 231 shall also set forth the extent to which serv- 2022 ..... 63.4 .5 28.8 92.7 ices and programs shall be provided to the Federated 2023 ..... 62.6 .5 29.6 92.7 States of Micronesia. ‘‘(d) Except as provided elsewhere in this Compact, as ‘‘Section 217 - Inflation Adjustment amended, under any separate agreement entered into ‘‘Except for the amounts provided for audits under under this Compact, as amended, or otherwise under section 212(b), the amounts stated in this Title shall be U.S. law, all Federal domestic programs extended to or adjusted for each United States Fiscal Year by the per- operating in the Federated States of Micronesia shall cent that equals two-thirds of the percent change in be subject to all applicable criteria, standards, report- the United States Gross Domestic Product Implicit ing requirements, auditing procedures, and other rules Price Deflator, or 5 percent, whichever is less in any and regulations applicable to such programs and serv- one year, using the beginning of Fiscal Year 2004 as a ices when operating in the United States. base. ‘‘(e) The Government of the United States shall make available to the Federated States of Micronesia alter- ‘‘Section 218 - Carry-Over of Unused Funds nate energy development projects, studies, and con- ‘‘If in any year the funds made available by the Gov- servation measures to the extent provided for the Free- ernment of the United States for that year pursuant to ly Associated States in the laws of the United States. this Article are not completely obligated by the Gov- [As amended Pub. L. 110–229, title VIII, § 806(b)(1)(F), ernment of the Federated States of Micronesia, the un- May 8, 2008, 122 Stat. 872.] obligated balances shall remain available in addition to ‘‘Section 222 the funds to be provided in subsequent years. ‘‘The Government of the United States and the Gov- ernment of the Federated States of Micronesia may ‘‘Article II agree from time to time to extend to the Federated ‘‘Services and Program Assistance States of Micronesia additional United States grant as- sistance, services and programs, as provided under the ‘‘Section 221 laws of the United States. Unless inconsistent with ‘‘(a) SERVICES.—The Government of the United States such laws, or otherwise specifically precluded by the shall make available to the Federated States of Micro- Government of the United States at the time such addi- nesia, in accordance with and to the extent provided in tional grant assistance, services, or programs are ex- the Federal Programs and Services Agreement referred tended, the Federal Programs and Services Agreement to in section 231, the services and related programs of: referred to in section 231 shall apply to any such assist- ‘‘(1) the United States Weather Service; ance, services or programs. [As amended Pub. L. ‘‘(2) the United States Postal Service; 110–229, title VIII, § 806(b)(1)(G), May 8, 2008, 122 Stat. ‘‘(3) the United States Federal Aviation Adminis- 872.] tration; ‘‘(4) the United States Department of Transpor- ‘‘Section 223 tation; ‘‘The Government of the Federated States of Micro- ‘‘(5) the Federal Deposit Insurance Corporation (for nesia shall make available to the Government of the the benefit only of the Bank of the Federated States United States at no cost such land as may be necessary of Micronesia); and for the operations of the services and programs pro- ‘‘(6) the Department of Homeland Security (Federal vided pursuant to this Article, and such facilities as are Emergency Management Agency), and the United provided by the Government of the Federated States of States Agency for International Development, Office Micronesia at no cost to the Government of the United of Foreign Disaster Assistance. States as of the effective date of this Compact, as Upon the effective date of this Compact, as amended, amended, or as may be mutually agreed thereafter. the United States Departments and Agencies named or ‘‘Section 224 having responsibility to provide these services and re- ‘‘The Government of the Federated States of Micro- lated programs shall have the authority to implement nesia may request, from time to time, technical assist- the relevant provisions of the Federal Programs and ance from the Federal agencies and institutions of the Services Agreement referred to in section 231. Government of the United States, which are authorized ‘‘(b) PROGRAMS.— to grant such technical assistance in accordance with ‘‘(1) With the exception of the services and pro- its laws. If technical assistance is granted pursuant to grams covered by subsection (a) of this section, and such a request, the Government of the United States unless the Congress of the United States provides shall provide the technical assistance in a manner otherwise, the Government of the United States shall which gives priority consideration to the Federated make available to the Federated States of Micronesia States of Micronesia over other recipients not a part of the services and programs that were available to the the United States, its territories or possessions, and Federated States of Micronesia on the effective date equivalent consideration to the Federated States of Mi- of this Compact, as amended, to the extent that such cronesia with respect to other states in Free Associa- services and programs continue to be available to tion with the United States. Such assistance shall be State and local governments of the United States. As made available on a reimbursable or non-reimbursable set forth in the Fiscal Procedures Agreement, funds basis to the extent provided by United States law. Page 247 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘Article III States of Micronesia which shall apply during the pe- ‘‘Administrative Provisions riod of effectiveness of this title: ‘‘(a) Unless otherwise excluded, articles imported ‘‘Section 231 from the Federated States of Micronesia, subject to ‘‘The specific nature, extent and contractual arrange- the limitations imposed under section 503(b) of title ments of the services and programs provided for in sec- V of the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be tion 221 of this Compact, as amended, as well as the exempt from duty. legal status of agencies of the Government of the ‘‘(b) Only tuna in airtight containers provided for United States, their civilian employees and contrac- in heading 1604.14.22 of the Harmonized Tariff Sched- tors, and the dependents of such personnel while ule of the United States that is imported from the present in the Federated States of Micronesia, and Federated States of Micronesia and the Republic of other arrangements in connection with the assistance, the Marshall Islands during any calendar year not to services, or programs furnished by the Government of exceed 10 percent of apparent United States consump- the United States, are set forth in a Federal Programs tion of tuna in airtight containers during the imme- and Services Agreement which shall come into effect diately preceding calendar year, as reported by the simultaneously with this Compact, as amended. National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty-free ‘‘Section 232 treatment under this paragraph for any calendar year ‘‘The Government of the United States, in consulta- shall be counted against the aggregated quantity of tion with the Government of the Federated States of tuna in airtight containers that is dutiable under Micronesia, shall determine and implement procedures rate column numbered 1 of such heading 1604.14.22 for for the periodic audit of all grants and other assistance that calendar year. made under Article I of this Title and of all funds ex- ‘‘(c) The duty-free treatment provided under sub- pended for the services and programs provided under section (a) shall not apply to— Article II of this Title. Further, in accordance with the ‘‘(1) watches, clocks, and timing apparatus pro- Fiscal Procedures Agreement described in subsection vided for in Chapter 91, excluding heading 9113, of (a) of section 211, the Comptroller General of the the Harmonized Tariff Schedule of the United United States shall have such powers and authorities States; ‘‘(2) buttons (whether finished or not finished) as described in section 102(b) of Public Law 108–188, 117 provided for in items 9606.21.40 and 9606.29.20 of such Stat. 2726, December 17, 2003. [As amended Pub. L. Schedule; 110–229, title VIII, § 806(b)(1)(H), May 8, 2008, 122 Stat. ‘‘(3) textile and apparel articles which are subject 872.] to textile agreements; and ‘‘Section 233 ‘‘(4) footwear, handbags, luggage, flat goods, work ‘‘Approval of this Compact, as amended, by the Gov- gloves, and leather wearing apparel which were not ernment of the United States, in accordance with its eligible articles for purposes of title V of the Trade constitutional processes, shall constitute a pledge by Act of 1974 (19 U.S.C. 2461, et seq.) on April 1, 1984. the United States that the sums and amounts specified ‘‘(d) If the cost or value of materials produced in as sector grants in section 211 of this Compact, as the customs territory of the United States is included with respect to an eligible article which is a product amended, shall be appropriated and paid to the Fed- of the Federated States of Micronesia, an amount not erated States of Micronesia for such period as those to exceed 15 percent of the appraised value of the ar- provisions of this Compact, as amended, remain in ticle at the time it is entered that is attributable to force, subject to the terms and conditions of this Title such United States cost or value may be applied for and related subsidiary agreements. duty assessment purposes toward determining the ‘‘Section 234 percentage referred to in section 503(a)(2) of title V of ‘‘The Government of the Federated States of Micro- the Trade Act of 1974. nesia pledges to cooperate with, permit, and assist if ‘‘Section 243 reasonably requested, designated and authorized rep- ‘‘Articles imported from the Federated States of Mi- resentatives of the Government of the United States cronesia which are not exempt from duty under sub- charged with investigating whether Compact funds, or sections (a), (b), (c), and (d) of section 242 shall be sub- any other assistance authorized under this Compact, as ject to the rates of duty set forth in column numbered amended, have, or are being, used for purposes other 1-general of the Harmonized Tariff Schedule of the than those set forth in this Compact, as amended, or its United States (HTSUS). subsidiary agreements. In carrying out this investiga- ‘‘Section 244 tive authority, such United States Government rep- ‘‘(a) All products of the United States imported into resentatives may request that the Government of the the Federated States of Micronesia shall receive treat- Federated States of Micronesia subpoena documents ment no less favorable than that accorded like products and records and compel testimony in accordance with of any foreign country with respect to customs duties the laws and Constitution of the Federated States of or charges of a similar nature and with respect to laws Micronesia. Such assistance by the Government of the and regulations relating to importation, exportation, Federated States of Micronesia to the Government of taxation, sale, distribution, storage or use. the United States shall not be unreasonably withheld. ‘‘(b) The provisions of subsection (a) shall not apply The obligation of the Government of the Federated to advantages accorded by the Federated States of Mi- States of Micronesia to fulfill its pledge herein is a con- cronesia by virtue of their full membership in the Pa- dition to its receiving payment of such funds or other cific Island Countries Trade Agreement (PICTA), done assistance authorized under this Compact, as amended. on August 18, 2001, to those governments listed in Arti- The Government of the United States shall pay any cle 26 of PICTA, as of the date the Compact, as amend- reasonable costs for extraordinary services executed by ed, is signed. the Government of the Federated States of Micronesia ‘‘(c) Prior to entering into consultations on, or con- in carrying out the provisions of this section. cluding, a free trade agreement with governments not listed in Article 26 of PICTA, the Federated States of ‘‘Article IV Micronesia shall consult with the United States regard- ‘‘Trade ing whether or how subsection (a) of section 244 shall be applied. ‘‘Section 241 ‘‘The Federated States of Micronesia is not included ‘‘Article V in the customs territory of the United States. ‘‘Finance and Taxation ‘‘Section 242 ‘‘Section 251 ‘‘The President shall proclaim the following tariff ‘‘The currency of the United States is the official cir- treatment for articles imported from the Federated culating legal tender of the Federated States of Micro- § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 248 nesia. Should the Government of the Federated States matters in or relating to the Federated States of Mi- of Micronesia act to institute another currency, the cronesia. terms of an appropriate currency transitional period ‘‘(b) This authority and responsibility includes: shall be as agreed with the Government of the United ‘‘(1) the obligation to defend the Federated States States. of Micronesia and its people from attack or threats ‘‘Section 252 thereof as the United States and its citizens are de- ‘‘The Government of the Federated States of Micro- fended; nesia may, with respect to United States persons, tax ‘‘(2) the option to foreclose access to or use of the income derived from sources within its respective juris- Federated States of Micronesia by military personnel diction, property situated therein, including transfers or for the military purposes of any third country; and of such property by gift or at death, and products con- ‘‘(3) the option to establish and use military areas sumed therein, in such manner as the Government of and facilities in the Federated States of Micronesia, the Federated States of Micronesia deems appropriate. subject to the terms of the separate agreements re- The determination of the source of any income, or the ferred to in sections 321 and 323. situs of any property, shall for purposes of this Com- ‘‘(c) The Government of the United States confirms pact, as amended, be made according to the United that it shall act in accordance with the principles of States Internal Revenue Code. [As amended Pub. L. international law and the Charter of the United Na- 110–229, title VIII, § 806(b)(1)(I), May 8, 2008, 122 Stat. tions in the exercise of this authority and responsibil- 872.] ity. ‘‘Section 253 ‘‘Section 312 ‘‘A citizen of the Federated States of Micronesia, ‘‘Subject to the terms of any agreements negotiated domiciled therein, shall be exempt from estate, gift, in accordance with sections 321 and 323, the Govern- and generation-skipping transfer taxes imposed by the ment of the United States may conduct within the Government of the United States, provided that such lands, waters and airspace of the Federated States of citizen of the Federated States of Micronesia is neither Micronesia the activities and operations necessary for a citizen nor a resident of the United States. the exercise of its authority and responsibility under this Title. ‘‘Section 254 ‘‘(a) In determining any income tax imposed by the ‘‘Section 313 Government of the Federated States of Micronesia, the ‘‘(a) The Government of the Federated States of Mi- Government of the Federated States of Micronesia cronesia shall refrain from actions that the Govern- shall have authority to impose tax upon income derived ment of the United States determines, after appro- by a resident of the Federated States of Micronesia priate consultation with that Government, to be in- from sources without the Federated States of Microne- compatible with its authority and responsibility for se- sia, in the same manner and to the same extent as the curity and defense matters in or relating to the Fed- Government of the Federated States of Micronesia im- erated States of Micronesia. poses tax upon income derived from within its own ju- ‘‘(b) The consultations referred to in this section risdiction. If the Government of the Federated States shall be conducted expeditiously at senior levels of the of Micronesia exercises such authority as provided in two Governments, and the subsequent determination this subsection, any individual resident of the Fed- by the Government of the United States referred to in erated States of Micronesia who is subject to tax by the this section shall be made only at senior interagency Government of the United States on income which is levels of the Government of the United States. also taxed by the Government of the Federated States ‘‘(c) The Government of the Federated States of Mi- of Micronesia shall be relieved of liability to the Gov- cronesia shall be afforded, on an expeditious basis, an ernment of the United States for the tax which, but for opportunity to raise its concerns with the United this subsection, would otherwise be imposed by the States Secretary of State personally and the United Government of the United States on such income. How- States Secretary of Defense personally regarding any ever, the relief from liability to the United States Gov- determination made in accordance with this section. ernment referred to in the preceding sentence means ‘‘Section 314 only relief in the form of the foreign tax credit (or de- ‘‘(a) Unless otherwise agreed, the Government of the duction in lieu thereof) available with respect to the United States shall not, in the Federated States of Mi- income taxes of a possession of the United States, and cronesia: relief in the form of the exclusion under section 911 of ‘‘(1) test by detonation or dispose of any nuclear the Internal Revenue Code of 1986. For purposes of this weapon, nor test, dispose of, or discharge any toxic section, the term ‘resident of the Federated States of chemical or biological weapon; or Micronesia’ shall be deemed to include any person who ‘‘(2) test, dispose of, or discharge any other radio- was physically present in the Federated States of Mi- active, toxic chemical or biological materials in an cronesia for a period of 183 or more days during any amount or manner which would be hazardous to pub- taxable year. lic health or safety. ‘‘(b) If the Government of the Federated States of Mi- ‘‘(b) Unless otherwise agreed, other than for transit cronesia subjects income to taxation substantially or overflight purposes or during time of a national similar to that imposed by the Trust Territory Code in emergency declared by the President of the United effect on January 1, 1980, such Government shall be States, a state of war declared by the Congress of the deemed to have exercised the authority described in United States or as necessary to defend against an ac- section 254(a). tual or impending armed attack on the United States, ‘‘Section 255 the Federated States of Micronesia or the Republic of ‘‘For purposes of section 274(h)(3)(A) of the United the Marshall Islands, the Government of the United States Internal Revenue Code of 1986, the term ‘North States shall not store in the Federated States of Micro- American Area’ shall include the Federated States of nesia or the Republic of the Marshall Islands any toxic Micronesia. chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapons use. ‘‘TITLE THREE ‘‘(c) Radioactive, toxic chemical, or biological mate- ‘‘SECURITY AND DEFENSE RELATIONS rials not intended for weapons use shall not be affected ‘‘Article I by section 314(b). ‘‘(d) No material or substance referred to in this sec- ‘‘Authority and Responsibility tion shall be stored in the Federated States of Microne- ‘‘Section 311 sia except in an amount and manner which would not ‘‘(a) The Government of the United States has full be hazardous to public health or safety. In determining authority and responsibility for security and defense what shall be an amount or manner which would be Page 249 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 hazardous to public health or safety under this section, Federated States of Micronesia are set forth in sepa- the Government of the United States shall comply with rate agreements, which shall remain in effect in ac- any applicable mutual agreement, international guide- cordance with the terms of such agreements. lines accepted by the Government of the United States, and the laws of the United States and their implement- ‘‘Article III ing regulations. ‘‘Defense Treaties and International Security ‘‘(e) Any exercise of the exemption authority set Agreements forth in section 161(e) shall have no effect on the obli- ‘‘Section 331 gations of the Government of the United States under this section or on the application of this subsection. ‘‘Subject to the terms of this Compact, as amended, ‘‘(f) The provisions of this section shall apply in the and its related agreements, the Government of the areas in which the Government of the Federated States United States, exclusively, has assumed and enjoys, as of Micronesia exercises jurisdiction over the living re- to the Federated States of Micronesia, all obligations, sources of the seabed, subsoil or water column adjacent responsibilities, rights and benefits of: to its coasts. ‘‘(a) Any defense treaty or other international secu- rity agreement applied by the Government of the ‘‘Section 315 United States as Administering Authority of the Trust ‘‘The Government of the United States may invite Territory of the Pacific Islands as of November 2, 1986. members of the armed forces of other countries to use ‘‘(b) Any defense treaty or other international secu- military areas and facilities in the Federated States of rity agreement to which the Government of the United Micronesia, in conjunction with and under the control States is or may become a party which it determines to of United States Armed Forces. Use by units of the be applicable in the Federated States of Micronesia. armed forces of other countries of such military areas Such a determination by the Government of the United and facilities, other than for transit and overflight pur- States shall be preceded by appropriate consultation poses, shall be subject to consultation with and, in the with the Government of the Federated States of Micro- case of major units, approval of the Government of the nesia. Federated States of Micronesia. ‘‘Article IV ‘‘Section 316 ‘‘Service in Armed Forces of the United States ‘‘The authority and responsibility of the Government of the United States under this Title may not be trans- ‘‘Section 341 ferred or otherwise assigned. ‘‘Any person entitled to the privileges set forth in section 141 (with the exception of any person described ‘‘Article II in section 141(a)(5) who is not a citizen of the Federated ‘‘Defense Facilities and Operating Rights States of Micronesia) shall be eligible to volunteer for service in the Armed Forces of the United States, but ‘‘Section 321 shall not be subject to involuntary induction into mili- ‘‘(a) Specific arrangements for the establishment and tary service of the United States as long as such person use by the Government of the United States of military has resided in the United States for a period of less areas and facilities in the Federated States of Microne- than one year, provided that no time shall count to- sia are set forth in separate agreements, which shall re- wards this one year while a person admitted to the main in effect in accordance with the terms of such United States under the Compact, or the Compact, as agreements. amended, is engaged in full-time study in the United ‘‘(b) If, in the exercise of its authority and respon- States. Any person described in section 141(a)(5) who is sibility under this Title, the Government of the United not a citizen of the Federated States of Micronesia States requires the use of areas within the Federated shall be subject to United States laws relating to selec- States of Micronesia in addition to those for which spe- tive service. [As amended Pub. L. 110–229, title VIII, cific arrangements are concluded pursuant to section § 806(b)(1)(J), May 8, 2008, 122 Stat. 872.] 321(a), it may request the Government of the Federated ‘‘Section 342 States of Micronesia to satisfy those requirements through leases or other arrangements. The Government ‘‘The Government of the United States shall have en- of the Federated States of Micronesia shall sympa- rolled, at any one time, at least one qualified student thetically consider any such request and shall establish from the Federated States of Micronesia, as may be suitable procedures to discuss it with and provide a nominated by the Government of the Federated States prompt response to the Government of the United of Micronesia, in each of: States. ‘‘(a) The United States Coast Guard Academy pursu- ‘‘(c) The Government of the United States recognizes ant to section 195 of title 14, United States Code. and respects the scarcity and special importance of ‘‘(b) The United States Merchant Marine Academy land in the Federated States of Micronesia. In making pursuant to section 1303(b)(6) of the Merchant Marine any requests pursuant to section 321(b), the Govern- Act, 1936 ([former] 46 U.S.C. [App.] 1295b(b)(6)) [see 46 ment of the United States shall follow the policy of re- U.S.C. 51304], provided that the provisions of section questing the minimum area necessary to accomplish 1303(b)(6)(C) of that Act [now 46 U.S.C. 51304(b)(2)] shall the required security and defense purpose, of requesting not apply to the enrollment of students pursuant to only the minimum interest in real property necessary section 342(b) of this Compact, as amended. [As amend- to support such purpose, and of requesting first to sat- ed Pub. L. 110–229, title VIII, § 806(b)(1)(K), May 8, 2008, isfy its requirement through public real property, 122 Stat. 872.] where available, rather than through private real prop- ‘‘Article V erty. ‘‘General Provisions ‘‘Section 322 ‘‘Section 351 ‘‘The Government of the United States shall provide and maintain fixed and floating aids to navigation in ‘‘(a) The Government of the United States and the the Federated States of Micronesia at least to the ex- Government of the Federated States of Micronesia tent necessary for the exercise of its authority and re- shall continue to maintain a Joint Committee empow- sponsibility under this Title. ered to consider disputes arising under the implemen- tation of this Title and its related agreements. ‘‘Section 323 ‘‘(b) The membership of the Joint Committee shall ‘‘The military operating rights of the Government of comprise selected senior officials of the two Govern- the United States and the legal status and contractual ments. The senior United States military commander arrangements of the United States Armed Forces, their in the Pacific area shall be the senior United States members, and associated civilians, while present in the member of the Joint Committee. For the meetings of § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 250 the Joint Committee, each of the two Governments ‘‘(b) The Government of the United States recognizes, may designate additional or alternate representatives in view of the special relationship between the Govern- as appropriate for the subject matter under consider- ment of the United States and the Government of the ation. Federated States of Micronesia, and in view of the ex- ‘‘(c) Unless otherwise mutually agreed, the Joint istence of the separate agreement regarding mutual se- Committee shall meet annually at a time and place to curity concluded with the Government of the Federated be designated, after appropriate consultation, by the States of Micronesia pursuant to sections 321 and 323, Government of the United States. The Joint Commit- that, even if this Title should terminate, any attack on tee also shall meet promptly upon request of either of the Federated States of Micronesia during the period in its members. The Joint Committee shall follow such which such separate agreement is in effect, would con- procedures, including the establishment of functional stitute a threat to the peace and security of the entire subcommittees, as the members may from time to time region and a danger to the United States. In the event agree. Upon notification by the Government of the of such an attack, the Government of the United States United States, the Joint Committee of the United would take action to meet the danger to the United States and the Federated States of Micronesia shall States and to the Federated States of Micronesia in ac- meet promptly in a combined session with the Joint cordance with its constitutional processes. Committee established and maintained by the Govern- ‘‘(c) As reflected in Article 21(1)(b) of the Trust Fund ment of the United States and the Republic of the Mar- Agreement, the Government of the United States and shall Islands to consider matters within the jurisdic- the Government of the Federated States of Micronesia tion of the two Joint Committees. further recognize, in view of the special relationship ‘‘(d) Unresolved issues in the Joint Committee shall between their countries, that even if this Title should be referred to the Governments for resolution, and the terminate, the Government of the Federated States of Government of the Federated States of Micronesia Micronesia shall refrain from actions which the Gov- shall be afforded, on an expeditious basis, an oppor- ernment of the United States determines, after appro- tunity to raise its concerns with the United States Sec- priate consultation with that Government, to be in- retary of Defense personally regarding any unresolved compatible with its authority and responsibility for se- issue which threatens its continued association with curity and defense matters in or relating to the Fed- the Government of the United States. erated States of Micronesia or the Republic of the Mar- ‘‘Section 352 shall Islands. [As amended Pub. L. 110–229, title VIII, § 806(b)(1)(L), May 8, 2008, 122 Stat. 873.] ‘‘In the exercise of its authority and responsibility under Title Three, the Government of the United ‘‘TITLE FOUR States shall accord due respect to the authority and re- ‘‘GENERAL PROVISIONS sponsibility of the Government of the Federated States of Micronesia under Titles One, Two and Four and to ‘‘Article I the responsibility of the Government of the Federated ‘‘Approval and Effective Date States of Micronesia to assure the well-being of its peo- ‘‘Section 411 ple. ‘‘Pursuant to section 432 of the Compact and subject ‘‘Section 353 to subsection (e) of section 461 of the Compact, as ‘‘(a) The Government of the United States shall not amended, the Compact, as amended, shall come into ef- include the Government of the Federated States of Mi- fect upon mutual agreement between the Government cronesia as a named party to a formal declaration of of the United States and the Government of the Fed- war, without that Government’s consent. erated States of Micronesia subsequent to completion ‘‘(b) Absent such consent, this Compact, as amended, of the following: is without prejudice, on the ground of belligerence or ‘‘(a) Approval by the Government of the Federated the existence of a state of war, to any claims for dam- States of Micronesia in accordance with its constitu- ages which are advanced by the citizens, nationals or tional processes. Government of the Federated States of Micronesia, ‘‘(b) Approval by the Government of the United which arise out of armed conflict subsequent to Novem- States in accordance with its constitutional proc- ber 3, 1986, and which are: esses. ‘‘(1) petitions to the Government of the United ‘‘Article II States for redress; or ‘‘(2) claims in any manner against the government, ‘‘Conference and Dispute Resolution citizens, nationals or entities of any third country. ‘‘Section 421 ‘‘(c) Petitions under section 353(b)(1) shall be treated ‘‘The Government of the United States shall confer as if they were made by citizens of the United States. promptly at the request of the Government of the Fed- ‘‘Section 354 erated States of Micronesia and that Government shall ‘‘(a) The Government of the United States and the confer promptly at the request of the Government of Government of the Federated States of Micronesia are the United States on matters relating to the provisions jointly committed to continue their security and de- of this Compact, as amended, or of its related agree- fense relations, as set forth in this Title. Accordingly, ments. it is the intention of the two countries that the provi- ‘‘Section 422 sions of this Title shall remain binding as long as this ‘‘In the event the Government of the United States or Compact, as amended, remains in effect, and thereafter the Government of the Federated States of Micronesia, as mutually agreed, unless earlier terminated by mu- after conferring pursuant to section 421, determines tual agreement pursuant to section 441, or amended that there is a dispute and gives written notice thereof, pursuant to Article III of Title Four. If at any time the the two Governments shall make a good faith effort to Government of the United States, or the Government resolve the dispute between themselves. of the Federated States of Micronesia, acting unilater- ‘‘Section 423 ally, terminates this Title, such unilateral termination shall be considered to be termination of the entire ‘‘If a dispute between the Government of the United Compact, in which case the provisions of sections 442 States and the Government of the Federated States of and 452 (in the case of termination by the Government Micronesia cannot be resolved within 90 days of written of the United States) or sections 443 and 453 (in the case notification in the manner provided in section 422, ei- of termination by the Government of the Federated ther party to the dispute may refer it to arbitration in States of Micronesia), with the exception of paragraph accordance with section 424. (3) of subsection (a) of section 452 or paragraph (3) of ‘‘Section 424 subsection (a) of section 453, as the case may be, shall ‘‘Should a dispute be referred to arbitration as pro- apply. vided for in section 423, an Arbitration Board shall be Page 251 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 established for the purpose of hearing the dispute and Such termination shall be effective on the date speci- rendering a decision which shall be binding upon the fied in the notice of termination by the Government of two parties to the dispute unless the two parties mutu- the United States but not earlier than six months fol- ally agree that the decision shall be advisory. Arbitra- lowing delivery of such notice. The time specified in tion shall occur according to the following terms: the notice of termination may be extended. Such ter- ‘‘(a) An Arbitration Board shall consist of a Chair- mination of this Compact, as amended, shall be without man and two other members, each of whom shall be prejudice to the continued application of section 452 of a citizen of a party to the dispute. Each of the two this Compact, as amended, and the provisions of the Governments which is a party to the dispute shall ap- Compact, as amended, set forth therein. point one member to the Arbitration Board. If either ‘‘Section 443 party to the dispute does not fulfill the appointment ‘‘This Compact, as amended, shall be terminated by requirements of this section within 30 days of referral the Government of the Federated States of Micronesia, of the dispute to arbitration pursuant to section 423, pursuant to its constitutional processes, subject to sec- its member on the Arbitration Board shall be selected tion 453 if the people represented by that Government from its own standing list by the other party to the vote in a plebiscite to terminate the Compact, as dispute. Each Government shall maintain a standing amended, or by another process permitted by the FSM list of 10 candidates. The parties to the dispute shall constitution and mutually agreed between the Govern- jointly appoint a Chairman within 15 days after selec- ments of the United States and the Federated States of tion of the other members of the Arbitration Board. Micronesia. The Government of the Federated States of Failing agreement on a Chairman, the Chairman Micronesia shall notify the Government of the United shall be chosen by lot from the standing lists of the States of its intention to call such a plebiscite, or to parties to the dispute within 5 days after such failure. pursue another mutually agreed and constitutional ‘‘(b) Unless otherwise provided in this Compact, as process, which plebiscite or process shall take place not amended, or its related agreements, the Arbitration earlier than three months after delivery of such notice. Board shall have jurisdiction to hear and render its The plebiscite or other process shall be administered by final determination on all disputes arising exclu- the Government of the Federated States of Micronesia sively under Articles I, II, III, IV and V of Title One, in accordance with its constitutional and legislative Title Two, Title Four, and their related agreements. processes. If a majority of the valid ballots cast in the ‘‘(c) Each member of the Arbitration Board shall plebiscite or other process favors termination, the Gov- have one vote. Each decision of the Arbitration Board ernment of the Federated States of Micronesia shall, shall be reached by majority vote. upon certification of the results of the plebiscite or ‘‘(d) In determining any legal issue, the Arbitration other process, give notice of termination to the Gov- Board may have reference to international law and, ernment of the United States, such termination to be in such reference, shall apply as guidelines the provi- effective on the date specified in such notice but not sions set forth in Article 38 of the Statute of the earlier than three months following the date of deliv- International Court of Justice. ery of such notice. The time specified in the notice of ‘‘(e) The Arbitration Board shall adopt such rules termination may be extended. for its proceedings as it may deem appropriate and necessary, but such rules shall not contravene the ‘‘Article V provisions of this Compact, as amended. Unless the ‘‘Survivability parties provide otherwise by mutual agreement, the ‘‘Section 451 Arbitration Board shall endeavor to render its deci- ‘‘(a) Should termination occur pursuant to section sion within 30 days after the conclusion of argu- 441, economic and other assistance by the Government ments. The Arbitration Board shall make findings of of the United States shall continue only if and as mu- fact and conclusions of law and its members may tually agreed by the Governments of the United States issue dissenting or individual opinions. Except as and the Federated States of Micronesia, and in accord- may be otherwise decided by the Arbitration Board, ance with the parties’ respective constitutional proc- one-half of all costs of the arbitration shall be borne esses. by the Government of the United States and the re- ‘‘(b) In view of the special relationship of the United mainder shall be borne by the Government of the States and the Federated States of Micronesia, as re- Federated States of Micronesia. flected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement en- ‘‘Article III tered into consistent with those subsections, if termi- ‘‘Amendment nation occurs pursuant to section 441 prior to the twen- tieth anniversary of the effective date of this Compact, ‘‘Section 431 as amended, the United States shall continue to make ‘‘The provisions of this Compact, as amended, may be contributions to the Trust Fund described in section further amended by mutual agreement of the Govern- 215 of this Compact, as amended. ment of the United States and the Government of the ‘‘(c) In view of the special relationship of the United Federated States of Micronesia, in accordance with States and the Federated States of Micronesia de- their respective constitutional processes. scribed in subsection (b) of this section, if termination occurs pursuant to section 441 following the twentieth ‘‘Article IV anniversary of the effective date of this Compact, as ‘‘Termination amended, the Federated States of Micronesia shall be entitled to receive proceeds from the Trust Fund de- ‘‘Section 441 scribed in section 215 of this Compact, as amended, in ‘‘This Compact, as amended, may be terminated by the manner described in those provisions and the Trust mutual agreement of the Government of the Federated Fund Agreement governing the distribution of such States of Micronesia and the Government of the United proceeds. States, in accordance with their respective constitu- tional processes. Such mutual termination of this Com- ‘‘Section 452 pact, as amended, shall be without prejudice to the con- ‘‘(a) Should termination occur pursuant to section 442 tinued application of section 451 of this Compact, as prior to the twentieth anniversary of the effective date amended, and the provisions of the Compact, as amend- of this Compact, as amended, the following provisions ed, set forth therein. of this Compact, as amended, shall remain in full force and effect until the twentieth anniversary of the effec- ‘‘Section 442 tive date of this Compact, as amended, and thereafter ‘‘Subject to section 452, this Compact, as amended, as mutually agreed: may be terminated by the Government of the United ‘‘(1) Article VI and sections 172, 173, 176 and 177 of States in accordance with its constitutional processes. Title One; § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 252

‘‘(2) Sections 232 and 234 of Title Two; pact, as amended, in the manner described in those pro- ‘‘(3) Title Three; and visions and the Trust Fund Agreement. ‘‘(4) Articles II, III, V and VI of Title Four. ‘‘Section 454 ‘‘(b) Should termination occur pursuant to section 442 before the twentieth anniversary of the effective date ‘‘Notwithstanding any other provision of this Com- of the Compact, as amended: pact, as amended: ‘‘(1) Except as provided in paragraph (2) of this sub- ‘‘(a) The Government of the United States reaffirms section and subsection (c) of this section, economic its continuing interest in promoting the economic ad- and other assistance by the United States shall con- vancement and budgetary self-reliance of the people tinue only if and as mutually agreed by the Govern- of the Federated States of Micronesia. ments of the United States and the Federated States ‘‘(b) The separate agreements referred to in Article of Micronesia. II of Title Three shall remain in effect in accordance ‘‘(2) In view of the special relationship of the United with their terms. States and the Federated States of Micronesia, as re- ‘‘Article VI flected in subsections (b) and (c) of section 354 of this Compact, as amended, and the separate agreement re- ‘‘Definition of Terms garding mutual security, and the Trust Fund Agree- ‘‘Section 461 ment, the United States shall continue to make con- ‘‘For the purpose of this Compact, as amended, only, tributions to the Trust Fund described in section 215 and without prejudice to the views of the Government of this Compact, as amended, in the manner described of the United States or the Government of the Fed- in the Trust Fund Agreement. erated States of Micronesia as to the nature and extent ‘‘(c) In view of the special relationship of the United of the jurisdiction of either of them under inter- States and the Federated States of Micronesia, as re- national law, the following terms shall have the follow- flected in subsections 354(b) and (c) of this Compact, as ing meanings: amended, and the separate agreement regarding mu- ‘‘(a) ‘Trust Territory of the Pacific Islands’ means tual security, and the Trust Fund Agreement, if termi- the area established in the Trusteeship Agreement nation occurs pursuant to section 442 following the consisting of the former administrative districts of twentieth anniversary of the effective date of this Com- Kosrae, Yap, Ponape, the Marshall Islands and Truk pact, as amended, the Federated States of Micronesia as described in Title One, Trust Territory Code, sec- shall continue to be eligible to receive proceeds from tion 1, in force on January 1, 1979. This term does not the Trust Fund described in section 215 of this Com- include the area of Palau or the Northern Mariana Is- pact, as amended, in the manner described in those pro- lands. visions and the Trust Fund Agreement. ‘‘(b) ‘Trusteeship Agreement’ means the agreement ‘‘Section 453 setting forth the terms of trusteeship for the Trust ‘‘(a) Should termination occur pursuant to section 443 Territory of the Pacific Islands, approved by the Se- prior to the twentieth anniversary of the effective date curity Council of the United Nations April 2, 1947, and of this Compact, as amended, the following provisions by the United States July 18, 1947, entered into force of this Compact, as amended, shall remain in full force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 U.N.T.S. and effect until the twentieth anniversary of the effec- 189. tive date of this Compact, as amended, and thereafter ‘‘(c) ‘The Federated States of Micronesia’ and ‘the as mutually agreed: Republic of the Marshall Islands’ are used in a geo- ‘‘(1) Article VI and sections 172, 173, 176 and 177 of graphic sense and include the land and water areas to Title One; the outer limits of the territorial sea and the air ‘‘(2) Sections 232 and 234 of Title Two; space above such areas as now or hereafter recognized ‘‘(3) Title Three; and by the Government of the United States. ‘‘(4) Articles II, III, V and VI of Title Four. ‘‘(d) ‘Compact’ means the Compact of Free Associa- ‘‘(b) Upon receipt of notice of termination pursuant tion Between the United States and the Federated to section 443, the Government of the United States States of Micronesia and the Marshall Islands, that and the Government of the Federated States of Micro- was approved by the United States Congress in sec- nesia shall promptly consult with regard to their fu- tion 201 of Public Law 99–239 (Jan. 14, 1986) and went ture relationship. Except as provided in subsection (c) into effect with respect to the Federated States of and (d) of this section, these consultations shall deter- Micronesia on November 3, 1986. mine the level of economic and other assistance, if any, ‘‘(e) ‘Compact, as amended’ means the Compact of which the Government of the United States shall pro- Free Association Between the United States and the vide to the Government of the Federated States of Mi- Federated States of Micronesia, as amended. The ef- cronesia for the period ending on the twentieth anni- fective date of the Compact, as amended, shall be on versary of the effective date of this Compact, as amend- a date to be determined by the President of the ed, and for any period thereafter, if mutually agreed. United States, and agreed to by the Government of ‘‘(c) In view of the special relationship of the United the Federated States of Micronesia, following formal States and the Federated States of Micronesia, as re- approval of the Compact, as amended, in accordance flected in subsections 354(b) and (c) of this Compact, as with section 411 of this Compact, as amended. amended, and the separate agreement regarding mu- ‘‘(f) ‘Government of the Federated States of Micro- tual security, and the Trust Fund Agreement, if termi- nesia’ means the Government established and orga- nation occurs pursuant to section 443 prior to the twen- nized by the Constitution of the Federated States of tieth anniversary of the effective date of this Compact, Micronesia including all the political subdivisions as amended, the United States shall continue to make and entities comprising that Government. contributions to the Trust Fund described in section ‘‘(g) ‘Government of the Republic of the Marshall 215 of this Compact, as amended, in the manner de- Islands’ means the Government established and orga- scribed in the Trust Fund Agreement. nized by the Constitution of the Republic of the Mar- ‘‘(d) In view of the special relationship of the United shall Islands including all the political subdivisions States and the Federated States of Micronesia, as re- and entities comprising that Government. flected in subsections 354(b) and (c) of this Compact, as ‘‘(h) The following terms shall be defined consistent amended, and the separate agreement regarding mu- with the 1998 Edition of the Radio Regulations of the tual security, and the Trust Fund Agreement, if termi- International Telecommunication Union as follows: nation occurs pursuant to section 443 following the ‘‘(1) ‘Radiocommunication’ means telecommuni- twentieth anniversary of the effective date of this Com- cation by means of radio waves. pact, as amended, the Federated States of Micronesia ‘‘(2) ‘Station’ means one or more transmitters or shall continue to be eligible to receive proceeds from receivers or a combination of transmitters and re- the Trust Fund described in section 215 of this Com- ceivers, including the accessory equipment, nec- Page 253 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

essary at one location for carrying on a ‘‘(vi) Federal Deposit Insurance Corporation Serv- radiocommunication service, or the radio astron- ices and Related Programs; and omy service. ‘‘(vii) Telecommunications Services and Related ‘‘(3) ‘Broadcasting Service’ means a Programs. radiocommunication service in which the trans- ‘‘(2) Agreement Between the Government of the missions are intended for direct reception by the United States of America and the Government of the general public. This service may include sound Federated States of Micronesia on Extradition, Mu- transmissions, television transmissions or other tual Assistance in Law Enforcement Matters and types of transmission. Penal Sanctions Concluded Pursuant to Section ‘‘(4) ‘Broadcasting Station’ means a station in the 175(a) of the Compact of Free Association, as amend- broadcasting service. ed; ‘‘(5) ‘Assignment (of a radio frequency or radio ‘‘(3) Agreement Between the Government of the frequency channel)’ means an authorization given United States of America and the Government of the by an administration for a radio station to use a Federated States of Micronesia on Labor Recruit- radio frequency or radio frequency channel under ment Concluded Pursuant to Section 175(b) of the specified conditions. Compact of Free Association, as amended; ‘‘(6) ‘Telecommunication’ means any trans- ‘‘(4) Agreement Concerning Procedures for the Im- mission, emission or reception of signs, signals, plementation of United States Economic Assistance writings, images and sounds or intelligence of any Provided in the Compact of Free Association, as nature by wire, radio, optical or other electro- Amended, Between the Government of the United magnetic systems. States of America and Government of the Federated ‘‘(i) ‘Military Areas and Facilities’ means those States of Micronesia; areas and facilities in the Federated States of Micro- ‘‘(5) Agreement Between the Government of the nesia reserved or acquired by the Government of the United States of America and the Government of the Federated States of Micronesia for use by the Gov- Federated States of Micronesia Implementing Sec- ernment of the United States, as set forth in the sep- tion 215 and Section 216 of the Compact, as Amended, arate agreements referred to in section 321. Regarding a Trust Fund; ‘‘(j) ‘Tariff Schedules of the United States’ means ‘‘(6) Agreement Regarding the Military Use and Op- the Tariff Schedules of the United States as amended erating Rights of the Government of the United from time to time and as promulgated pursuant to States in the Federated States of Micronesia Con- United States law and includes the Tariff Schedules cluded Pursuant to Sections 211(b), 321 and 323 of the of the United States Annotated (TSUSA), as amend- Compact of Free Association, as Amended; and the ed. ‘‘(7) Status of Forces Agreement Between the Gov- ‘‘(k) ‘Vienna Convention on Diplomatic Relations’ ernment of the United States of America and the means the Vienna Convention on Diplomatic Rela- Government of the Federated States of Micronesia tions, done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, Concluded Pursuant to Section 323 of the Compact of 500 U.N.T.S. 95. [As amended Pub. L. 110–229, title Free Association, as Amended. [As amended Pub. L. VIII, § 806(b)(1)(M), May 8, 2008, 122 Stat. 873.] 110–229, title VIII, § 806(b)(1)(N), May 8, 2008, 122 Stat. ‘‘Section 462 873.] ‘‘(a) The Government of the United States and the ‘‘Section 463 Government of the Federated States of Micronesia pre- ‘‘(a) Except as set forth in subsection (b) of this sec- viously have concluded agreements pursuant to the tion, any reference in this Compact, as amended, to a Compact, which shall remain in effect and shall survive provision of the United States Code or the Statutes at in accordance with their terms, as follows: Large of the United States constitutes the incorpora- ‘‘(1) Agreement Concluded Pursuant to Section 234 tion of the language of such provision into this Com- of the Compact; pact, as amended, as such provision was in force on the ‘‘(2) Agreement Between the Government of the effective date of this Compact, as amended. United States and the Government of the Federated ‘‘(b) Any reference in Article IV and Article VI of States of Micronesia Regarding Friendship, Coopera- Title One and Sections 174, 175, 178 and 342 to a provi- tion and Mutual Security Concluded Pursuant to Sec- sion of the United States Code or the Statutes at Large tions 321 and 323 of the Compact of Free Association; of the United States or to the Privacy Act, the Free- and dom of Information Act, the Administrative Procedure ‘‘(3) Agreement Between the Government of the Act or the Immigration and Nationality Act con- United States of America and the Federated States of stitutes the incorporation of the language of such pro- Micronesia Regarding Aspects of the Marine Sov- vision into this Compact, as amended, as such provision ereignty and Jurisdiction of the Federated States of was in force on the effective date of this Compact, as Micronesia. amended, or as it may be amended thereafter on a non- ‘‘(b) The Government of the United States and the discriminatory basis according to the constitutional Government of the Federated States of Micronesia processes of the United States. [As amended Pub. L. shall conclude prior to the date of submission of this 110–229, title VIII, § 806(b)(1)(O), May 8, 2008, 122 Stat. Compact, as amended, to the legislatures of the two 873.] countries, the following related agreements which shall come into effect on the effective date of this Compact, ‘‘Article VII as amended, and shall survive in accordance with their ‘‘Concluding Provisions terms, as follows: ‘‘Section 471 ‘‘(1) Federal Programs and Services Agreement Be- ‘‘Both the Government of the United States and the tween the Government of the United States of Amer- Government of the Federated States of Micronesia ica and the Government of the Federated States of shall take all necessary steps, of a general or particular Micronesia Concluded Pursuant to Article III of Title character, to ensure, no later than the entry into force One, Article II of Title Two (including Section 222), date of this Compact, as amended, the conformity of its and Section 231 of the Compact of Free Association, laws, regulations and administrative procedures with as amended which includes: the provisions of this Compact, as amended, or in the ‘‘(i) Postal Services and Related Programs; case of subsection (d) of section 141, as soon as reason- ‘‘(ii) Weather Services and Related Programs; ably possible thereafter. ‘‘(iii) Civil Aviation Safety Service and Related Programs; ‘‘Section 472 ‘‘(iv) Civil Aviation Economic Services and Relat- ‘‘This Compact, as amended, may be accepted, by sig- ed Programs; nature or otherwise, by the Government of the United ‘‘(v) United States Disaster Preparedness and Re- States and the Government of the Federated States of sponse Services and Related Programs; Micronesia. § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 254

‘‘IN WITNESS WHEREOF, the undersigned, duly au- their sovereign right to self-determination and the in- thorized, have signed this Compact of Free Association, herent right to adopt and amend their own Constitu- as amended, which shall enter into force upon the ex- tion and form of government and that the approval of change of diplomatic notes by which the Government of the entry of the Government of the Republic of the the United States of America and the Government of Marshall Islands into the Compact by the people of the the Federated States of Micronesia inform each other Republic of the Marshall Islands constituted an exer- about the fulfillment of their respective requirements cise of their sovereign right to self-determination; and for entry into force. ‘‘Recognizing the common desire of the people of the ‘‘DONE at Pohnpei, Federated States of Micronesia, United States and the people of the Republic of the in duplicate, this fourteenth (14) day of May, 2003, each Marshall Islands to maintain their close government- text being equally authentic. to-government relationship, the United States and the Republic of the Marshall Islands: Signed (May 14, 2003) ‘‘NOW, THEREFORE, MUTUALLY AGREE to con- For the Government of the tinue and strengthen their relationship of free associa- United States of America: tion by amending the Compact, which continues to pro- vide a full measure of self-government for the people of Ambassador Larry M. Dinger the Republic of the Marshall Islands; and U.S. Ambassador to the ‘‘FURTHER AGREE that the relationship of free as- Federated States of Micronesia sociation derives from and is as set forth in this Com- pact, as amended, by the Governments of the United Signed (May 14, 2003) States and the Republic of the Marshall Islands; and For the Government of the that, during such relationship of free association, the Federated States of Micronesia: respective rights and responsibilities of the Govern- ment of the United States and the Government of the His Excellency Jesse B. Marehalau Republic of the Marshall Islands in regard to this rela- Ambassador Extraordinary and tionship of free association derive from and are as set Plenipotentiary’’ forth in this Compact, as amended. COMPACT OF FREE ASSOCIATION, AS AMENDED, BE- ‘‘TITLE ONE TWEEN THE GOVERNMENT OF THE UNITED STATES OF ‘‘GOVERNMENTAL RELATIONS AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE MARSHALL ISLANDS ‘‘Article I Pub. L. 108–188, title II, § 201(b), Dec. 17, 2003, 117 Stat. ‘‘Self-Government 2795, as amended by Pub. L. 110–229, title VIII, ‘‘Section 111 § 806(b)(2), May 8, 2008, 122 Stat. 873, provided that: ‘‘The ‘‘The people of the Republic of the Marshall Islands, Compact of Free Association, as amended, between the acting through the Government established under their Government of the United States of America and the Constitution, are self-governing. Government of the Republic of the Marshall Islands is as follows: ‘‘Article II

‘‘PREAMBLE ‘‘Foreign Affairs ‘‘Section 121 ‘‘THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE MAR- ‘‘(a) The Government of the Republic of the Marshall SHALL ISLANDS Islands has the capacity to conduct foreign affairs and shall do so in its own name and right, except as other- ‘‘Affirming that their Governments and their rela- wise provided in this Compact, as amended. tionship as Governments are founded upon respect for ‘‘(b) The foreign affairs capacity of the Government human rights and fundamental freedoms for all, and of the Republic of the Marshall Islands includes: that the people of the Republic of the Marshall Islands ‘‘(1) the conduct of foreign affairs relating to law of have the right to enjoy self-government; and the sea and marine resources matters, including the ‘‘Affirming the common interests of the United harvesting, conservation, exploration or exploitation States of America and the Republic of the Marshall Is- of living and non-living resources from the sea, sea- lands in creating and maintaining their close and mu- bed or subsoil to the full extent recognized under tually beneficial relationship through the free and vol- international law; untary association of their respective Governments; ‘‘(2) the conduct of its commercial, diplomatic, con- and sular, economic, trade, banking, postal, civil avia- ‘‘Affirming the interest of the Government of the tion, communications, and cultural relations, includ- United States in promoting the economic advancement ing negotiations for the receipt of developmental and budgetary self-reliance of the Republic of the Mar- loans and grants and the conclusion of arrangements shall Islands; and with other governments and international and inter- ‘‘Recognizing that their relationship until the entry governmental organizations, including any matters into force on October 21, 1986 of the Compact was based specially benefiting its individual citizens. upon the International Trusteeship System of the ‘‘(c) The Government of the United States recognizes United Nations Charter, and in particular Article 76 of that the Government of the Republic of the Marshall the Charter; and that pursuant to Article 76 of the Islands has the capacity to enter into, in its own name Charter, the people of the Republic of the Marshall Is- and right, treaties and other international agreements lands have progressively developed their institutions of with governments and regional and international orga- self-government, and that in the exercise of their sov- nizations. ereign right to self-determination they, through their ‘‘(d) In the conduct of its foreign affairs, the Govern- freely-expressed wishes, have adopted a Constitution ment of the Republic of the Marshall Islands confirms appropriate to their particular circumstances; and that it shall act in accordance with principles of inter- ‘‘Recognizing that the Compact reflected their com- national law and shall settle its international disputes mon desire to terminate the Trusteeship and establish by peaceful means. a government-to-government relationship which was in accordance with the new political status based on the ‘‘Section 122 freely expressed wishes of the people of the Republic of ‘‘The Government of the United States shall support the Marshall Islands and appropriate to their particu- applications by the Government of the Republic of the lar circumstances; and Marshall Islands for membership or other participation ‘‘Recognizing that the people of the Republic of the in regional or international organizations as may be Marshall Islands have and retain their sovereignty and mutually agreed. Page 255 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘Section 123 ‘‘Article IV ‘‘(a) In recognition of the authority and responsibil- ‘‘Immigration ity of the Government of the United States under Title ‘‘Section 141 Three, the Government of the Republic of the Marshall ‘‘(a) In furtherance of the special and unique relation- Islands shall consult, in the conduct of its foreign af- ship that exists between the United States and the Re- fairs, with the Government of the United States. public of the Marshall Islands, under the Compact, as ‘‘(b) In recognition of the foreign affairs capacity of amended, any person in the following categories may the Government of the Republic of the Marshall Is- be admitted to lawfully engage in occupations, and es- lands, the Government of the United States, in the con- tablish residence as a nonimmigrant in the United duct of its foreign affairs, shall consult with the Gov- States and its territories and possessions (the ‘United ernment of the Republic of the Marshall Islands on States’) without regard to paragraphs (5) or (7)(B)(i)(II) matters that the Government of the United States re- of section 212(a) of the Immigration and Nationality gards as relating to or affecting the Government of the Act, as amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II): Republic of the Marshall Islands. ‘‘(1) a person who, on October 21, 1986, was a citizen ‘‘Section 124 of the Trust Territory of the Pacific Islands, as de- ‘‘The Government of the United States may assist or fined in Title 53 of the Trust Territory Code in force act on behalf of the Government of the Republic of the on January 1, 1979, and has become and remains a cit- Marshall Islands in the area of foreign affairs as may be izen of the Republic of the Marshall Islands; requested and mutually agreed from time to time. The ‘‘(2) a person who acquires the citizenship of the Re- Government of the United States shall not be respon- public of the Marshall Islands at birth, on or after the sible to third parties for the actions of the Government effective date of the Constitution of the Republic of of the Republic of the Marshall Islands undertaken the Marshall Islands; with the assistance or through the agency of the Gov- ‘‘(3) an immediate relative of a person referred to in ernment of the United States pursuant to this section paragraphs (1) or (2) of this section, provided that unless expressly agreed. such immediate relative is a naturalized citizen of the Republic of the Marshall Islands who has been an ‘‘Section 125 actual resident there for not less than five years after ‘‘The Government of the United States shall not be attaining such naturalization and who holds a certifi- responsible for nor obligated by any actions taken by cate of actual residence, and further provided, that, the Government of the Republic of the Marshall Islands in the case of a spouse, such spouse has been married in the area of foreign affairs, except as may from time to the person referred to in paragraph (1) or (2) of this to time be expressly agreed. section for at least five years, and further provided, ‘‘Section 126 that the Government of the United States is satisfied ‘‘At the request of the Government of the Republic of that such naturalized citizen meets the requirement the Marshall Islands and subject to the consent of the of subsection (b) of section 104 of Public Law 99–239 as receiving state, the Government of the United States it was in effect on the day prior to the effective date shall extend consular assistance on the same basis as of this Compact, as amended; for citizens of the United States to citizens of the Re- ‘‘(4) a naturalized citizen of the Republic of the public of the Marshall Islands for travel outside the Re- Marshall Islands who was an actual resident there for public of the Marshall Islands, the United States and not less than five years after attaining such natu- its territories and possessions. ralization and who satisfied these requirements as of April 30, 2003, who continues to be an actual resident ‘‘Section 127 and holds a certificate of actual residence, and whose ‘‘Except as otherwise provided in this Compact, as name is included in a list furnished by the Govern- amended, or its related agreements, all obligations, re- ment of the Republic of the Marshall Islands to the sponsibilities, rights and benefits of the Government of Government of the United States no later than the the United States as Administering Authority which effective date of the Compact, as amended, in form resulted from the application pursuant to the Trustee- and content acceptable to the Government of the ship Agreement of any treaty or other international United States, provided, that the Government of the agreement to the Trust Territory of the Pacific Islands United States is satisfied that such naturalized citi- on October 20, 1986, are, as of that date, no longer as- zen meets the requirement of subsection (b) of sec- sumed and enjoyed by the Government of the United tion 104 of Public Law 99–239 as it was in effect on the States. day prior to the effective date of this Compact, as amended; or ‘‘Article III ‘‘(5) an immediate relative of a citizen of the Re- ‘‘Communications public of the Marshall Islands, regardless of the im- ‘‘Section 131 mediate relative’s country of citizenship or period of ‘‘(a) The Government of the Republic of the Marshall residence in the Republic of the Marshall Islands, if Islands has full authority and responsibility to regulate the citizen of the Republic of the Marshall Islands is its domestic and foreign communications, and the Gov- serving on active duty in any branch of the United ernment of the United States shall provide communica- States Armed Forces, or in the active reserves. tions assistance as mutually agreed. ‘‘(b) Notwithstanding subsection (a) of this section, a ‘‘(b) The Government of the Republic of the Marshall person who is coming to the United States pursuant to Islands has elected to undertake all functions pre- an adoption outside the United States, or for the pur- viously performed by the Government of the United pose of adoption in the United States, is ineligible for States with respect to domestic and foreign commu- admission under the Compact and the Compact, as nications, except for those functions set forth in a sepa- amended. This subsection shall apply to any person rate agreement entered into pursuant to this section of who is or was an applicant for admission to the United the Compact, as amended. States on or after March 1, 2003, including any appli- cant for admission in removal proceedings (including ‘‘Section 132 appellate proceedings) on or after March 1, 2003, regard- ‘‘The Government of the Republic of the Marshall Is- less of the date such proceedings were commenced. This lands shall permit the Government of the United States subsection shall have no effect on the ability of the to operate telecommunications services in the Republic Government of the United States or any United States of the Marshall Islands to the extent necessary to ful- State or local government to commence or otherwise fill the obligations of the Government of the United take any action against any person or entity who has States under this Compact, as amended, in accordance violated any law relating to the adoption of any person. with the terms of separate agreements entered into ‘‘(c) Notwithstanding subsection (a) of this section, pursuant to this section of the Compact, as amended. no person who has been or is granted citizenship in the § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 256

Republic of the Marshall Islands, or has been or is is- ‘‘(5) the authority of the Government of the United sued a Republic of the Marshall Islands passport pursu- States otherwise to administer and enforce the Immi- ant to any investment, passport sale, or similar pro- gration and Nationality Act, as amended, or other gram has been or shall be eligible for admission to the United States law. United States under the Compact or the Compact, as ‘‘(g) Any authority possessed by the Government of amended. the United States under this section of the Compact or ‘‘(d) A person admitted to the United States under the Compact, as amended, may also be exercised by the the Compact, or the Compact, as amended, shall be con- Government of a territory or possession of the United sidered to have the permission of the Government of States where the Immigration and Nationality Act, as the United States to accept employment in the United amended, does not apply, to the extent such exercise of States. An unexpired Republic of the Marshall Islands authority is lawful under a statute or regulation of passport with unexpired documentation issued by the such territory or possession that is authorized by the Government of the United States evidencing admission laws of the United States. under the Compact or the Compact, as amended, shall ‘‘(h) Subsection (a) of this section does not confer on be considered to be documentation establishing iden- a citizen of the Republic of the Marshall Islands the tity and employment authorization under section right to establish the residence necessary for natu- 274A(b)(1)(B) of the Immigration and Nationality Act, ralization under the Immigration and Nationality Act, as amended, 8 U.S.C. 1324a(b)(1)(B). The Government of as amended, or to petition for benefits for alien rel- the United States will take reasonable and appropriate atives under that Act. Subsection (a) of this section, steps to implement and publicize this provision, and however, shall not prevent a citizen of the Republic of the Government of the Republic of the Marshall Islands the Marshall Islands from otherwise acquiring such will also take reasonable and appropriate steps to pub- rights or lawful permanent resident alien status in the licize this provision. United States. ‘‘(e) For purposes of the Compact and the Compact, as amended: ‘‘(1) the term ‘residence’ with respect to a person ‘‘Section 142 means the person’s principal, actual dwelling place in ‘‘(a) Any citizen or national of the United States may fact, without regard to intent, as provided in section be admitted to lawfully engage in occupations, and re- 101(a)(33) of the Immigration and Nationality Act, as side in the Republic of the Marshall Islands, subject to amended, 8 U.S.C. 1101(a)(33), and variations of the the rights of the Government of the Republic of the term ‘residence,’ including ‘resident’ and ‘reside,’ Marshall Islands to deny entry to or deport any such shall be similarly construed; citizen or national as an undesirable alien. Any deter- ‘‘(2) the term ‘actual residence’ means physical mination of inadmissibility or deportability shall be presence in the Republic of the Marshall Islands dur- based on reasonable statutory grounds and shall be sub- ing eighty-five percent of the five-year period of resi- ject to appropriate administrative and judicial review dency required by section 141(a)(3) and (4); within the Republic of the Marshall Islands. If a citizen ‘‘(3) the term ‘certificate of actual residence’ means or national of the United States is a spouse of a citizen a certificate issued to a naturalized citizen by the of the Republic of the Marshall Islands, the Govern- Government of the Republic of the Marshall Islands ment of the Republic of the Marshall Islands shall stating that the citizen has complied with the actual allow the United States citizen spouse to establish resi- residence requirement of section 141(a)(3) or (4); dence. Should the Republic of the Marshall Islands citi- ‘‘(4) the term ‘nonimmigrant’ means an alien who is zen spouse predecease the United States citizen spouse not an ‘immigrant’ as defined in section 101(a)(15) of during the marriage, the Government of the Republic such Act, 8 U.S.C. 1101(a)(15); and of the Marshall Islands shall allow the United States ‘‘(5) the term ‘immediate relative’ means a spouse, citizen spouse to continue to reside in the Republic of or unmarried son or unmarried daughter less than 21 the Marshall Islands. years of age. ‘‘(b) In enacting any laws or imposing any require- ‘‘(f) The Immigration and Nationality Act, as amend- ments with respect to citizens and nationals of the ed, shall apply to any person admitted or seeking ad- United States entering the Republic of the Marshall Is- mission to the United States (other than a United lands under subsection (a) of this section, including any States possession or territory where such Act does not grounds of inadmissibility or deportability, the Gov- apply) under the Compact or the Compact, as amended, ernment of the Republic of the Marshall Islands shall and nothing in the Compact or the Compact, as amend- accord to such citizens and nationals of the United ed, shall be construed to limit, preclude, or modify the States treatment no less favorable than that accorded applicability of, with respect to such person: to citizens of other countries. ‘‘(1) any ground of inadmissibility or deportability ‘‘(c) Consistent with subsection (a) of this section, under such Act (except sections 212(a)(5) and with respect to citizens and nationals of the United 212(a)(7)(B)(i)(II) of such Act, as provided in sub- States seeking to engage in employment or invest in section (a) of this section), and any defense thereto, the Republic of the Marshall Islands, the Government provided that, section 237(a)(5) of such Act shall be of the Republic of the Marshall Islands shall adopt im- construed and applied as if it reads as follows: ‘any migration-related procedures no less favorable than alien who has been admitted under the Compact, or those adopted by the Government of the United States the Compact, as amended, who cannot show that he with respect to citizens of the Republic of the Marshall or she has sufficient means of support in the United Islands seeking employment in the United States. States, is deportable;’ ‘‘(2) the authority of the Government of the United States under section 214(a)(1) of such Act to provide ‘‘Section 143 that admission as a nonimmigrant shall be for such ‘‘Any person who relinquishes, or otherwise loses, his time and under such conditions as the Government of United States nationality or citizenship, or his Repub- the United States may by regulations prescribe; lic of the Marshall Islands citizenship, shall be ineli- ‘‘(3) except for the treatment of certain documenta- gible to receive the privileges set forth in sections 141 tion for purposes of section 274A(b)(1)(B) of such Act and 142. Any such person may apply for admission to as provided by subsection (d) of this section of the the United States or the Republic of the Marshall Is- Compact, as amended, any requirement under section lands, as the case may be, in accordance with any other 274A, including but not limited to section applicable laws of the United States or the Republic of 274A(b)(1)(E); the Marshall Islands relating to immigration of aliens ‘‘(4) section 643 of the Illegal Immigration Reform from other countries. The laws of the Republic of the and Immigrant Responsibility Act of 1996, Public Law Marshall Islands or the United States, as the case may 104–208, and actions taken pursuant to section 643; be, shall dictate the terms and conditions of any such and person’s stay. Page 257 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

‘‘Article V the United States, taking into account the particu- lar environment of the Republic of the Marshall Is- ‘‘Representation lands; the Endangered Species Act of 1973, as ‘‘Section 151 amended, 16 U.S.C. 1531 et seq.; the Clean Air Act, ‘‘Relations between the Government of the United as amended, 42 U.S.C. 7401 et seq.; the Clean Water States and the Government of the Republic of the Mar- Act (Federal Water Pollution Control Act), as shall Islands shall be conducted in accordance with the amended, 33 U.S.C. 1251 et seq.; Title I of the Marine Vienna Convention on Diplomatic Relations. In addi- Protection, Research and Sanctuaries Act of 1972 tion to diplomatic missions and representation, the (the Ocean Dumping Act), 33 U.S.C. 1411 et seq.; the Governments may establish and maintain other offices Toxic Substances Control Act, as amended, 15 and designate other representatives on terms and in lo- U.S.C. 2601 et seq.; the Solid Waste Disposal Act, as cations as may be mutually agreed. amended, 42 U.S.C. 6901 et seq.; and such other envi- ronmental protection laws of the United States and ‘‘Section 152 the Republic of the Marshall Islands as may be ‘‘(a) Any citizen or national of the United States who, agreed from time to time with the Government of without authority of the United States, acts as the the Republic of the Marshall Islands; agent of the Government of the Republic of the Mar- ‘‘(4) shall, prior to conducting any activity not shall Islands with regard to matters specified in the described in section 161(a)(1) requiring the prepara- provisions of the Foreign Agents Registration Act of tion of an Environmental Impact Statement under 1938, as amended (22 U.S.C. 611 et seq.), that apply with section 161(a)(2), develop, as agreed with the Gov- respect to an agent of a foreign principal shall be sub- ernment of the Republic of the Marshall Islands, ject to the requirements of such Act. Failure to comply written environmental standards and procedures to with such requirements shall subject such citizen or implement the substantive provisions of the laws national to the same penalties and provisions of law as made applicable to U.S. Government activities in apply in the case of the failure of such an agent of a the Republic of the Marshall Islands, pursuant to foreign principal to comply with such requirements. section 161(a)(3). For purposes of the Foreign Agents Registration Act of ‘‘(b) The Government of the Republic of the Mar- 1938, the Republic of the Marshall Islands shall be con- shall Islands shall continue to develop and implement sidered to be a foreign country. standards and procedures to protect its environment. ‘‘(b) Subsection (a) of this section shall not apply to As a reciprocal obligation to the undertakings of the a citizen or national of the United States employed by Government of the United States under this Article, the Government of the Republic of the Marshall Islands the Republic of the Marshall Islands, taking into ac- with respect to whom the Government of the Republic count its particular environment, shall continue to of the Marshall Islands from time to time certifies to develop and implement standards for environmental the Government of the United States that such citizen protection substantively similar to those required of or national is an employee of the Republic of the Mar- the Government of the United States by section shall Islands whose principal duties are other than 161(a)(3) prior to its conducting activities in the Re- those matters specified in the Foreign Agents Registra- public of the Marshall Islands, substantively equiva- tion Act of 1938, as amended, that apply with respect to lent to activities conducted there by the Government an agent of a foreign principal. The agency or officer of of the United States and, as a further reciprocal obli- the United States receiving such certifications shall gation, shall enforce those standards. cause them to be filed with the Attorney General, who ‘‘(c) Section 161(a), including any standard or proce- shall maintain a publicly available list of the persons dure applicable thereunder, and section 161(b) may be so certified. modified or superseded in whole or in part by agree- ment of the Government of the United States and the ‘‘Article VI Government of the Republic of the Marshall Islands. ‘‘(d) In the event that an Environmental Impact ‘‘Environmental Protection Statement is no longer required under the laws of the ‘‘Section 161 United States for major Federal actions significantly ‘‘The Governments of the United States and the Re- affecting the quality of the human environment, the public of the Marshall Islands declare that it is their regulatory regime established under sections 161(a)(3) policy to promote efforts to prevent or eliminate dam- and 161(a)(4) shall continue to apply to such activities age to the environment and biosphere and to enrich un- of the Government of the United States until amend- derstanding of the natural resources of the Republic of ed by mutual agreement. the Marshall Islands. In order to carry out this policy, ‘‘(e) The President of the United States may ex- the Government of the United States and the Govern- empt any of the activities of the Government of the ment of the Republic of the Marshall Islands agree to United States under this Compact, as amended, and the following mutual and reciprocal undertakings: its related agreements from any environmental ‘‘(a) The Government of the United States: standard or procedure which may be applicable under ‘‘(1) shall, for its activities controlled by the U.S. sections 161(a)(3) and 161(a)(4) if the President deter- Army at Kwajalein Atoll and in the Mid-Atoll Cor- mines it to be in the paramount interest of the Gov- ridor and for U.S. Army Kwajalein Atoll activities ernment of the United States to do so, consistent in the Republic of the Marshall Islands, continue to with Title Three of this Compact, as amended, and apply the Environmental Standards and Procedures the obligations of the Government of the United for United States Army Kwajalein Atoll Activities States under international law. Prior to any decision in the Republic of the Marshall Islands, unless and pursuant to this subsection, the views of the Govern- until those Standards or Procedures are modified ment of the Republic of the Marshall Islands shall be by mutual agreement of the Governments of the sought and considered to the extent practicable. If United States and the Republic of the Marshall Is- the President grants such an exemption, to the ex- lands; tent practicable, a report with his reasons for grant- ‘‘(2) shall apply the National Environmental Pol- ing such exemption shall be given promptly to the icy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to Government of the Republic of the Marshall Islands. its activities under the Compact, as amended, and ‘‘(f) The laws of the United States referred to in its related agreements as if the Republic of the section 161(a)(3) shall apply to the activities of the Marshall Islands were the United States; Government of the United States under this Com- ‘‘(3) in the conduct of any activity not described pact, as amended, and its related agreements only to in section 161(a)(1) requiring the preparation of an the extent provided for in this section. Environmental Impact Statement under section ‘‘Section 162 161(a)(2), shall comply with standards substantively ‘‘The Government of the Republic of the Marshall Is- similar to those required by the following laws of lands may bring an action for judicial review of any ad- § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 258 ministrative agency action or any activity of the Gov- the United States to the Trust Territory of the Pacific ernment of the United States pursuant to section 161(a) Islands by virtue of the Trusteeship Agreement ceased for enforcement of the obligations of the Government with respect to the Marshall Islands on October 21, 1986, of the United States arising thereunder. The United the date the Compact went into effect. States District Court for the District of Hawaii and the ‘‘Section 172 United States District Court for the District of Colum- bia shall have jurisdiction over such action or activity, ‘‘(a) Every citizen of the Republic of the Marshall Is- and over actions brought under section 172(b) which re- lands who is not a resident of the United States shall late to the activities of the Government of the United enjoy the rights and remedies under the laws of the States and its officers and employees, governed by sec- United States enjoyed by any non-resident alien. tion 161, provided that: ‘‘(b) The Government of the Republic of the Marshall ‘‘(a) Such actions may only be civil actions for any Islands and every citizen of the Republic of the Mar- appropriate civil relief other than punitive damages shall Islands shall be considered to be a ‘person’ within against the Government of the United States or, the meaning of the Freedom of Information Act, 5 where required by law, its officers in their official ca- U.S.C. 552, and of the judicial review provisions of the pacity; no criminal actions may arise under this sec- Administrative Procedure Act, 5 U.S.C. 701–706, except tion. that only the Government of the Republic of the Mar- ‘‘(b) Actions brought pursuant to this section may shall Islands may seek judicial review under the Ad- be initiated only by the Government of the Republic ministrative Procedure Act or judicial enforcement of the Marshall Islands. under the Freedom of Information Act when such judi- ‘‘(c) Administrative agency actions arising under cial review or enforcement relates to the activities of section 161 shall be reviewed pursuant to the standard the Government of the United States governed by sec- of judicial review set forth in 5 U.S.C. 706. tions 161 and 162. ‘‘(d) The United States District Court for the Dis- trict of Hawaii and the United States District Court ‘‘Section 173 for the District of Columbia shall have jurisdiction to ‘‘The Governments of the United States and the Re- issue all necessary processes, and the Government of public of the Marshall Islands agree to adopt and en- the United States agrees to submit itself to the juris- force such measures, consistent with this Compact, as diction of the court; decisions of the United States amended, and its related agreements, as may be nec- District Court shall be reviewable in the United essary to protect the personnel, property, installations, States Court of Appeals for the Ninth Circuit or the services, programs and official archives and documents United States Court of Appeals for the District of Co- maintained by the Government of the United States in lumbia, respectively, or in the United States Su- the Republic of the Marshall Islands pursuant to this preme Court as provided by the laws of the United Compact, as amended, and its related agreements and States. by the Government of the Republic of the Marshall Is- ‘‘(e) The judicial remedy provided for in this sec- lands in the United States pursuant to this Compact, tion shall be the exclusive remedy for the judicial re- Compact, as amended, and its related agreements. view or enforcement of the obligations of the Govern- ment of the United States under this Article and ac- ‘‘Section 174 tions brought under section 172(b), which relate to ‘‘Except as otherwise provided in this Compact, as the activities of the Government of the United States amended, and its related agreements: and its officers and employees governed by section ‘‘(a) The Government of the Republic of the Mar- 161. shall Islands, and its agencies and officials, shall be ‘‘(f) In actions pursuant to this section, the Govern- immune from the jurisdiction of the courts of the ment of the Republic of the Marshall Islands shall be United States, and the Government of the United treated as if it were a United States citizen. States, and its agencies and officials, shall be im- ‘‘Section 163 mune from the jurisdiction of the courts of the Re- ‘‘(a) For the purpose of gathering data necessary to public of the Marshall Islands. study the environmental effects of activities of the ‘‘(b) The Government of the United States accepts Government of the United States subject to the re- responsibility for and shall pay: quirements of this Article, the Government of the Re- ‘‘(1) any unpaid money judgment rendered by the public of the Marshall Islands shall be granted access High Court of the Trust Territory of the Pacific Is- to facilities operated by the Government of the United lands against the Government of the United States States in the Republic of the Marshall Islands, to the with regard to any cause of action arising as a re- extent necessary for this purpose, except to the extent sult of acts or omissions of the Government of the such access would unreasonably interfere with the ex- Trust Territory of the Pacific Islands or the Gov- ercise of the authority and responsibility of the Gov- ernment of the United States prior to October 21, ernment of the United States under Title Three. 1986; ‘‘(b) The Government of the United States, in turn, ‘‘(2) any claim settled by the claimant and the shall be granted access to the Republic of the Marshall Government of the Trust Territory of the Pacific Islands for the purpose of gathering data necessary to Islands but not paid as of October 21, 1986; and discharge its obligations under this Article, except to ‘‘(3) settlement of any administrative claim or of the extent such access would unreasonably interfere any action before a court of the Trust Territory of with the exercise of the authority and responsibility of the Pacific Islands or the Government of the United the Government of the Republic of the Marshall Islands States, arising as a result of acts or omissions of under Title One, and to the extent necessary for this the Government of the Trust Territory of the Pa- purpose shall be granted access to documents and other cific Islands or the Government of the United information to the same extent similar access is pro- States. vided the Government of the Republic of the Marshall ‘‘(c) Any claim not referred to in section 174(b) and Islands under the Freedom of Information Act, 5 U.S.C. arising from an act or omission of the Government of 552. the Trust Territory of the Pacific Islands or the Gov- ‘‘(c) The Government of the Republic of the Marshall ernment of the United States prior to the effective Islands shall not impede efforts by the Government of date of the Compact shall be adjudicated in the same the United States to comply with applicable standards manner as a claim adjudicated according to section and procedures. 174(d). In any claim against the Government of the ‘‘Article VII Trust Territory of the Pacific Islands, the Govern- ment of the United States shall stand in the place of ‘‘General Legal Provisions the Government of the Trust Territory of the Pacific ‘‘Section 171 Islands. A judgment on any claim referred to in sec- ‘‘Except as provided in this Compact, as amended, or tion 174(b) or this subsection, not otherwise satisfied its related agreements, the application of the laws of by the Government of the United States, may be pre- Page 259 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

sented for certification to the United States Court of radiation related medical surveillance and treatment Appeals for the Federal Circuit, or its successor programs and radiological monitoring activities and courts, which shall have jurisdiction therefore, not- for such additional programs and activities as may be withstanding the provisions of 28 U.S.C. 1502, and mutually agreed, and for the assumption by the Gov- which court’s decisions shall be reviewable as pro- ernment of the Marshall Islands of responsibility for vided by the laws of the United States. The United enforcement of limitations on the utilization of af- States Court of Appeals for the Federal Circuit shall fected areas developed in cooperation with the Gov- certify such judgment, and order payment thereof, ernment of the United States and for the assistance unless it finds, after a hearing, that such judgment is by the Government of the United States in the exer- manifestly erroneous as to law or fact, or manifestly cise of such responsibility as may be mutually excessive. In either of such cases the United States agreed. This separate agreement shall come into ef- Court of Appeals for the Federal Circuit shall have fect simultaneously with this Compact and shall re- jurisdiction to modify such judgment. main in effect in accordance with its own terms. ‘‘(d) The Government of the Republic of the Mar- ‘‘ ‘(c) The Government of the United States shall shall Islands shall not be immune from the jurisdic- provide to the Government of the Marshall Islands, tion of the courts of the United States, and the Gov- on a grant basis, the amount of $150 million to be ernment of the United States shall not be immune paid and distributed in accordance with the separate from the jurisdiction of the courts of the Republic of agreement referred to in this Section, and shall pro- the Marshall Islands in any civil case in which an ex- vide the services and programs set forth in this sepa- ception to foreign state immunity is set forth in the rate agreement, the language of which is incor- Foreign Sovereign Immunities Act (28 U.S.C. 1602 et porated into this Compact.’. seq.) or its successor statutes. [As amended Pub. L. The Compact, as amended, makes no changes to, and 110–229, title VIII, § 806(b)(2)(A), May 8, 2008, 122 Stat. has no effect upon, Section 177 of the Compact, nor does 873.] the Compact, as amended, change or affect the separate ‘‘Section 175 agreement referred to in Section 177 of the Compact in- cluding Articles IX and X of that separate agreement, ‘‘(a) A separate agreement, which shall come into ef- and measures taken by the parties thereunder. [As fect simultaneously with this Compact, as amended, amended Pub. L. 110–229, title VIII, § 806(b)(2)(B), May 8, and shall have the force of law, shall govern mutual as- 2008, 122 Stat. 873.] sistance and cooperation in law enforcement matters, including the pursuit, capture, imprisonment and ex- ‘‘Section 178 tradition of fugitives from justice and the transfer of ‘‘(a) The Federal agencies of the Government of the prisoners, as well as other law enforcement matters. In United States that provide services and related pro- the United States, the laws of the United States gov- grams in the Republic of the Marshall Islands pursuant erning international extradition, including 18 U.S.C. to Title Two are authorized to settle and pay tort 3184, 3186, and 3188–95, shall be applicable to the extra- claims arising in the Republic of the Marshall Islands dition of fugitives under the separate agreement, and from the activities of such agencies or from the acts or the laws of the United States governing the transfer of omissions of the employees of such agencies. Except as prisoners, including 18 U.S.C. 4100–15, shall be applica- provided in section 178(b), the provisions of 28 U.S.C. ble to the transfer of prisoners under the separate 2672 and 31 U.S.C. 1304 shall apply exclusively to such agreement; and administrative settlements and payments. ‘‘(b) A separate agreement, which shall come into ef- ‘‘(b) Claims under section 178(a) that cannot be set- fect simultaneously with this Compact, as amended, tled under section 178(a) shall be disposed of exclusively and shall have the force of law, shall govern require- in accordance with Article II of Title Four. Arbitration ments relating to labor recruitment practices, includ- awards rendered pursuant to this subsection shall be ing registration, reporting, suspension or revocation of paid out of funds under 31 U.S.C. 1304. authorization to recruit persons for employment in the ‘‘(c) The Government of the United States and the United States, and enforcement for violations of such Government of the Republic of the Marshall Islands requirements. shall, in the separate agreement referred to in section 231, provide for: ‘‘Section 176 ‘‘(1) the administrative settlement of claims re- ‘‘The Government of the Republic of the Marshall Is- ferred to in section 178(a), including designation of lands confirms that final judgments in civil cases ren- local agents in each State of the Republic of the Mar- dered by any court of the Trust Territory of the Pacific shall Islands; such agents to be empowered to accept, Islands shall continue in full force and effect, subject investigate and settle such claims, in a timely man- to the constitutional power of the courts of the Repub- ner, as provided in such separate agreements; and lic of the Marshall Islands to grant relief from judg- ‘‘(2) arbitration, referred to in section 178(b), in a ments in appropriate cases. timely manner, at a site convenient to the claimant, ‘‘Section 177 in the event a claim is not otherwise settled pursuant ‘‘Section 177 of the Compact entered into force with to section 178(a). respect to the Marshall Islands on October 21, 1986 as ‘‘(d) The provisions of section 174(d) shall not apply to follows: claims covered by this section. ‘‘ ‘(a) The Government of the United States accepts ‘‘(e) Except as otherwise explicitly provided by law of the responsibility for compensation owing to citizens the United States, this Compact, as amended, or its re- of the Marshall Islands, or the Federated States of lated agreements, neither the Government of the Micronesia (or Palau) for loss or damage to property United States, its instrumentalities, nor any person and person of the citizens of the Marshall Islands, or acting on behalf of the Government of the United the Federated States of Micronesia, resulting from States, shall be named a party in any action based on, the nuclear testing program which the Government or arising out of, the activity or activities of a recipi- of the United States conducted in the Northern Mar- ent of any grant or other assistance provided by the shall Islands between June 30, 1946, and August 18, Government of the United States (or the activity or ac- 1958. tivities of the recipient’s agency or any other person or ‘‘ ‘(b) The Government of the United States and the entity acting on behalf of the recipient). Government of the Marshall Islands shall set forth in ‘‘Section 179 a separate agreement provisions for the just and ade- ‘‘(a) The courts of the Republic of the Marshall Is- quate settlement of all such claims which have arisen lands shall not exercise criminal jurisdiction over the in regard to the Marshall Islands and its citizens and Government of the United States, or its instrumental- which have not as yet been compensated or which in ities. the future may arise, for the continued administra- ‘‘(b) The courts of the Republic of the Marshall Is- tion by the Government of the United States of direct lands shall not exercise criminal jurisdiction over any § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 260 person if the Government of the United States provides ‘‘(4) CAPACITY BUILDING IN THE PUBLIC SECTOR.— notification to the Government of the Republic of the United States grant assistance shall be made avail- Marshall Islands that such person was acting on behalf able in accordance with the strategic framework de- of the Government of the United States, for actions scribed in subsection (f) of this section to support the taken in furtherance of section 221 or 224 of this Com- efforts of the Republic of the Marshall Islands to pact, as amended, or any other provision of law author- build effective, accountable and transparent national izing financial, program, or service assistance to the and local government and other public sector institu- Republic of the Marshall Islands. [As amended Pub. L. tions and systems. 110–229, title VIII, § 806(b)(2)(C), May 8, 2008, 122 Stat. ‘‘(5) ENVIRONMENT.—United States grant assistance 873.] shall be made available in accordance with the stra- tegic framework described in subsection (f) of this ‘‘TITLE TWO section to increase environmental protection; estab- ‘‘ECONOMIC RELATIONS lish and manage conservation areas; engage in envi- ronmental infrastructure planning, design construc- ‘‘Article I tion and operation; and to involve the citizens of the ‘‘Grant Assistance Republic of the Marshall Islands in the process of conserving their country’s natural resources. ‘‘Section 211 - Annual Grant Assistance ‘‘(b) KWAJALEIN ATOLL.— ‘‘(a) In order to assist the Government of the Repub- ‘‘(1) Of the total grant assistance made available lic of the Marshall Islands in its efforts to promote the under subsection (a) of this section, the amount spec- economic advancement and budgetary self-reliance of ified herein shall be allocated annually from fiscal its people, and in recognition of the special relation- year 2004 through fiscal year 2023 (and thereafter in ship that exists between the Republic of the Marshall accordance with the Agreement Regarding the Mili- Islands and the United States, the Government of the tary Use and Operating Rights of the Government of United States shall provide assistance on a grant basis the United States in the Republic of the Marshall Is- for a period of twenty years in the amounts set forth in lands concluded Pursuant to Sections 321 and 323 of section 217, commencing on the effective date of this the Compact of Free Association, as Amended (Agree- Compact, as amended. Such grants shall be used for as- ment between the Government of the United States sistance in education, health care, the environment, and the Government of the Republic of the Marshall public sector capacity building, and private sector de- Islands Regarding Military Use and Operating velopment, or for other areas as mutually agreed, with Rights)) to advance the objectives and specific prior- priorities in the education and health care sectors. ities set forth in subsections (a) and (d) of this sec- Consistent with the medium-term budget and invest- tion and the Fiscal Procedures Agreement, to address ment framework described in subsection (f) of this sec- the special needs of the community at Ebeye, Kwaja- tion, the proposed division of this amount among the lein Atoll and other Marshallese communities within identified areas shall require the concurrence of both Kwajalein Atoll. This United States grant assistance the Government of the United States and the Govern- shall be made available, in accordance with the me- ment of the Republic of the Marshall Islands, through dium-term budget and investment framework de- the Joint Economic Management and Financial Ac- scribed in subsection (f) of this section, to support countability Committee described in section 214. The and improve the infrastructure and delivery of serv- Government of the United States shall disburse the ices and develop the human and material resources grant assistance and monitor the use of such grant as- necessary for the Republic of the Marshall Islands to sistance in accordance with the provisions of this Arti- carry out its responsibility to maintain such infra- cle and an Agreement Concerning Procedures for the structure and deliver such services. The amount of Implementation of United States Economic Assistance this assistance shall be $3,100,000, with an inflation Provided in the Compact of Free Association, as adjustment as provided in section 218, from fiscal amended[,] Between the Government of the United year 2004 through fiscal year 2013 and the fiscal year States of America and the Government of the Republic 2013 level of funding, with an inflation adjustment as of the Marshall Islands (‘Fiscal Procedures Agreement’) provided in section 218, will be increased by $2 million which shall come into effect simultaneously with this for fiscal year 2014. The fiscal year 2014 level of fund- Compact, as amended. ing, with an inflation adjustment as provided in sec- ‘‘(1) EDUCATION.—United States grant assistance tion 218, will be made available from fiscal year 2015 shall be made available in accordance with the stra- through fiscal year 2023 (and thereafter as noted tegic framework described in subsection (f) of this above). section to support and improve the educational sys- ‘‘(2) The Government of the United States shall also tem of the Republic of the Marshall Islands and de- provide to the Government of the Republic of the velop the human, financial, and material resources Marshall Islands, in conjunction with section 321(a) of necessary for the Republic of the Marshall Islands to this Compact, as amended, an annual payment from perform these services. Emphasis should be placed on fiscal year 2004 through fiscal year 2023 (and there- advancing a quality basic education system. after in accordance with the Agreement between the ‘‘(2) HEALTH.—United States grant assistance shall Government of the United States and the Govern- be made available in accordance with the strategic ment of the Republic of the Marshall Islands Regard- framework described in subsection (f) of this section ing Military Use and Operating Rights) of $1.9 mil- to support and improve the delivery of preventive, cu- lion. This grant assistance will be subject to the Fis- rative and environmental care and develop the cal Procedures Agreement and will be adjusted for in- human, financial, and material resources necessary flation under section 218 and used to address the spe- for the Republic of the Marshall Islands to perform cial needs of the community at Ebeye, Kwajalein these services. Atoll and other Marshallese communities within ‘‘(3) PRIVATE SECTOR DEVELOPMENT.—United States Kwajalein Atoll with emphasis on the Kwajalein grant assistance shall be made available in accord- landowners, as described in the Fiscal Procedures ance with the strategic framework described in sub- Agreement. section (f) of this section to support the efforts of the ‘‘(3) Of the total grant assistance made available Republic of the Marshall Islands to attract foreign in- under subsection (a) of this section, and in conjunc- vestment and increase indigenous business activity tion with section 321(a) of the Compact, as amended, by vitalizing the commercial environment, ensuring $200,000, with an inflation adjustment as provided in fair and equitable application of the law, promoting section 218, shall be allocated annually from fiscal adherence to core labor standards, maintaining year 2004 through fiscal year 2023 (and thereafter as progress toward privatization of state-owned and par- provided in the Agreement between the Government tially state-owned enterprises, and engaging in other of the United States and the Government of the Re- reforms. public of the Marshall Islands Regarding Military Use Page 261 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921

and Operating Rights) for a grant to support in- ‘‘Section 212 - Kwajalein Impact and Use creased participation of the Government of the Re- ‘‘The Government of the United States shall provide public of the Marshall Islands Environmental Protec- to the Government of the Republic of the Marshall Is- tion Authority in the annual U.S. Army Kwajalein lands in conjunction with section 321(a) of the Com- Atoll Environmental Standards Survey and to pro- pact, as amended, and the agreement between the Gov- mote a greater Government of the Republic of the ernment of the United States and the Government of Marshall Islands capacity for independent analysis of the Republic of the Marshall Islands regarding military the Survey’s findings and conclusions. use and operating rights, a payment in fiscal year 2004 ‘‘(c) HUMANITARIAN ASSISTANCE—REPUBLIC OF THE of $15,000,000, with no adjustment for inflation. In fiscal MARSHALL ISLANDS PROGRAM.—In recognition of the year 2005 and through fiscal year 2013, the annual pay- special development needs of the Republic of the Mar- ment will be the fiscal year 2004 amount ($15,000,000) shall Islands, the Government of the United States with an inflation adjustment as provided under section shall make available to the Government of the Repub- 218. In fiscal year 2014, the annual payment will be lic of the Marshall Islands, on its request and to be de- $18,000,000 (with no adjustment for inflation) or the fis- ducted from the grant amount made available under cal year 2013 amount with an inflation adjustment subsection (a) of this section, a Humanitarian Assist- under section 218, whichever is greater. For fiscal year ance—Republic of the Marshall Islands (‘HARMI’) Pro- 2015 through fiscal year 2023 (and thereafter in accord- gram with emphasis on health, education, and infra- ance with the Agreement between the Government of structure (including transportation), projects and such the United States and the Government of the Republic other projects as mutually agreed. The terms and con- of the Marshall Islands Regarding Military Use and Op- ditions of the HARMI shall be set forth in the Agree- erating Rights) the annual payment will be the fiscal ment Regarding the Military Use and Operating Rights year 2014 amount, with an inflation adjustment as pro- of the Government of the United States in the Republic vided under section 218. of the Marshall Islands Concluded Pursuant to Sections ‘‘Section 213 - Accountability 321 and 323 of the Compact of Free Association, as ‘‘(a) Regulations and policies normally applicable to Amended, which shall come into effect simultaneously United States financial assistance to its state and local with the amendments to this Compact. governments, as set forth in the Fiscal Procedures ‘‘(d) PUBLIC INFRASTRUCTURE.— Agreement, shall apply to each grant described in sec- ‘‘(1) Unless otherwise agreed, not less than 30 per- tion 211, and to grants administered under section 221 cent and not more than 50 percent of U.S. annual below, except as modified in the separate agreements grant assistance provided under this section shall be referred to in section 231 of this Compact, as amended, made available in accordance with a list of specific or by U.S. law. As set forth in the Fiscal Procedures projects included in the infrastructure improvement Agreement, reasonable terms and conditions, including and maintenance plan prepared by the Government of annual performance indicators that are necessary to the Republic of the Marshall Islands as part of the ensure effective use of United States assistance and strategic framework described in subsection (f) of reasonable progress toward achieving program objec- this section. tives may be attached. In addition, the United States ‘‘(2) INFRASTRUCTURE MAINTENANCE FUND.—Five per- may seek appropriate remedies for noncompliance with cent of the annual public infrastructure grant made the terms and conditions attached to the assistance, or available under paragraph (1) of this subsection shall for failure to comply with section 234, including with- be set aside, with an equal contribution from the holding assistance. Government of the Republic of the Marshall Islands, ‘‘(b) The Government of the United States shall, for as a contribution to an Infrastructure Maintenance each fiscal year of the twenty years during which as- Fund. Administration of the Infrastructure Mainte- sistance is to be provided on a sector grant basis under nance Fund shall be governed by the Fiscal Proce- section 211 (a), grant the Government of the Republic of dures Agreement. the Marshall Islands an amount equal to the lesser of (i) one half of the reasonable, properly documented cost ‘‘(e) DISASTER ASSISTANCE EMERGENCY FUND.—Of the incurred during such fiscal year to conduct the annual total grant assistance made available under subsection audit required under Article VIII (2) of the Fiscal Pro- (a) of this section, an amount of two hundred thousand cedures Agreement or (ii) $500,000. Such amount will dollars ($200,000) shall be provided annually, with an not be adjusted for inflation under section 218 or other- equal contribution from the Government of the Repub- wise. lic of the Marshall Islands, as a contribution to a Disas- ter Assistance Emergency Fund (‘DAEF’). Any funds ‘‘Section 214 - Joint Economic Management and Finan- from the DAEF may be used only for assistance and re- cial Accountability Committee habilitation resulting from disasters and emergencies. ‘‘The Governments of the United States and the Re- The funds will be accessed upon declaration of a State public of the Marshall Islands shall establish a Joint of Emergency by the Government of the Republic of the Economic Management and Financial Accountability Marshall Islands, with the concurrence of the United Committee, composed of a U.S. chair, two other mem- States Chief of Mission to the Republic of the Marshall bers from the Government of the United States and two Islands. Administration of the DAEF shall be governed members from the Government of the Republic of the by the Fiscal Procedures Agreement and the Federal Marshall Islands. The Joint Economic Management and Programs and Services Agreement referred to in sec- Financial Accountability Committee shall meet at tion 231. least once each year to review the audits and reports ‘‘(f) BUDGET AND INVESTMENT FRAMEWORK.—The Gov- required under this Title and the Fiscal Procedures ernment of the Republic of the Marshall Islands shall Agreement, evaluate the progress made by the Republic prepare and maintain an official medium-term budget of the Marshall Islands in meeting the objectives iden- and investment framework. The framework shall be tified in its framework described in subsection (f) of strategic in nature, shall be continuously reviewed and section 211, with particular focus on those parts of the updated through the annual budget process, and shall framework dealing with the sectors and areas identi- make projections on a multi-year rolling basis. Each of fied in subsection (a) of section 211, identify problems the sectors and areas named in subsections (a), (b), and encountered, and recommend ways to increase the ef- (d) of this section, or other sectors and areas as mutu- fectiveness of U.S. assistance made available under this ally agreed, shall be accorded specific treatment in the Title. The establishment and operations of the Joint framework. Those portions of the framework that con- Economic Management and Financial Accountability template the use of United States grant funds shall re- Committee shall be governed by the Fiscal Procedures quire the concurrence of both the Government of the Agreement. United States and the Government of the Republic of ‘‘Section 215 - Annual Report the Marshall Islands. [As amended Pub. L. 110–229, title ‘‘The Government of the Republic of the Marshall Is- VIII, § 806(b)(2)(D), May 8, 2008, 122 Stat. 873.] lands shall report annually to the President of the § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 262

United States on the use of United States sector grant be contributed to the Trust Fund as a Republic of the assistance and other assistance and progress in meeting Marshall Islands’ contribution. mutually agreed program and economic goals. The ‘‘(c) The terms regarding the investment and manage- Joint Economic Management and Financial Account- ment of funds and use of the income of the Trust Fund ability Committee shall review and comment on the re- shall be governed by the Trust Fund Agreement. Funds port and make appropriate recommendations based derived from United States investment shall not be thereon. subject to Federal or state taxes in the United States ‘‘Section 216 - Trust Fund or any taxes in the Republic of the Marshall Islands. ‘‘(a) The United States shall contribute annually for The Trust Fund Agreement shall also provide for an- twenty years from the effective date of the Compact, as nual reports to the Government of the United States amended, in the amounts set forth in section 217 into and to the Government of the Republic of the Marshall a trust fund established in accordance with the Agree- Islands. The Trust Fund Agreement shall provide for ment Between the Government of the United States of appropriate distributions of trust fund proceeds to the America and the Government of the Republic of the Republic of the Marshall Islands and for appropriate Marshall Islands Implementing Section 216 and Section remedies for the failure of the Republic of the Marshall 217 of the Compact, as Amended, Regarding a Trust Islands to use income of the Trust Fund for the annual Fund (‘Trust Fund Agreement’), which shall come into grant purposes set forth in section 211. These remedies effect simultaneously with this Compact, as amended. may include the return to the United States of the Upon termination of the annual grant assistance under present market value of its contributions to the Trust section 211 (a), (d) and (e), the earnings of the fund shall Fund and the present market value of any undistrib- thereafter be used for the purposes described in section uted income on the contributions of the United States. 211 or as otherwise mutually agreed. If this Compact, as amended, is terminated, the provi- ‘‘(b) The United States contribution into the Trust sions of sections 451–453 of the Compact, as amended, Fund described in subsection (a) of this section is con- and the Trust Fund Agreement shall govern treatment ditioned on the Government of the Republic of the Mar- of any U.S. contributions to the Trust Fund or accrued shall Islands contributing to the Trust Fund at least income thereon. $25,000,000, on the effective date of the Trust Fund Agreement or on October 1, 2003, whichever is later, $2,500,000 prior to October 1, 2004, and $2,500,000 prior to ‘‘Section 217 - Annual Grant Funding and Trust Fund October 1, 2005. Any funds received by the Republic of Contributions the Marshall Islands under section 111(d) of Public Law ‘‘The funds described in sections 211, 212, 213(b), and 99–239 (January 14, 1986), or successor provisions, would 216 shall be made available as follows:

[In millions of dollars]

Annual Grants Audit Grant Sec- Trust Fund Sec- Kwajalein Impact Fiscal year Section 211 tion 213(b) tion 216 (a&c) Section 212 Total

2004 ...... 35.2 .5 7 15.0 57.7 2005 ...... 34.7 .5 7.5 15.0 57.7 2006 ...... 34.2 .5 8 15.0 57.7 2007 ...... 33.7 .5 8.5 15.0 57.7 2008 ...... 33.2 .5 9 15.0 57.7 2009 ...... 32.7 .5 9.5 15.0 57.7 2010 ...... 32.2 .5 10 15.0 57.7 2011 ...... 31.7 .5 10.5 15.0 57.7 2012 ...... 31.2 .5 11 15.0 57.7 2013 ...... 30.7 .5 11.5 15.0 57.7 2014 ...... 32.2 .5 12 18.0 62.7 2015 ...... 31.7 .5 12.5 18.0 62.7 2016 ...... 31.2 .5 13 18.0 62.7 2017 ...... 30.7 .5 13.5 18.0 62.7 2018 ...... 30.2 .5 14 18.0 62.7 2019 ...... 29.7 .5 14.5 18.0 62.7 2020 ...... 29.2 .5 15 18.0 62.7 2021 ...... 28.7 .5 15.5 18.0 62.7 2022 ...... 28.2 .5 16 18.0 62.7 2023 ...... 27.7 .5 16.5 18.0 62.7

‘‘Section 218 - Inflation Adjustment ‘‘Article II ‘‘Except as otherwise provided, the amounts stated in ‘‘Services and Program Assistance this Title shall be adjusted for each United States Fis- ‘‘Section 221 cal Year by the percent that equals two-thirds of the ‘‘(a) SERVICES.—The Government of the United States percent change in the United States Gross Domestic shall make available to the Republic of the Marshall Is- Product Implicit Price Deflator, or 5 percent, which- lands, in accordance with and to the extent provided in the Federal Programs and Services Agreement referred ever is less in any one year, using the beginning of Fis- to in section 231, the services and related programs of: cal Year 2004 as a base. ‘‘(1) the United States Weather Service; ‘‘(2) the United States Postal Service; ‘‘Section 219 - Carry-Over of Unused Funds ‘‘(3) the United States Federal Aviation Adminis- tration; ‘‘If in any year the funds made available by the Gov- ‘‘(4) the United States Department of Transpor- ernment of the United States for that year pursuant to tation; and this Article are not completely obligated by the Gov- ‘‘(5) the Department of Homeland Security (Federal ernment of the Republic of the Marshall Islands, the Emergency Management Agency), and the United unobligated balances shall remain available in addition States Agency for International Development, Office to the funds to be provided in subsequent years. of Foreign Disaster Assistance. Upon the effective date of this Compact, as amended, the United States Departments and Agencies named or having responsibility to provide these services and re- Page 263 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 lated programs shall have the authority to implement the Government of the United States, which are au- the relevant provisions of the Federal Programs and thorized to grant such technical assistance in accord- Services Agreement referred to in section 231. ance with its laws. If technical assistance is granted ‘‘(b) PROGRAMS.— pursuant to such a request, the Government of the ‘‘(1) Other than the services and programs covered United States shall provide the technical assistance in by subsection (a) of this section, and to the extent a manner which gives priority consideration to the Re- authorized by the Congress of the United States, the public of the Marshall Islands over other recipients not Government of the United States shall make avail- a part of the United States, its territories or posses- able to the Republic of the Marshall Islands the serv- sions, and equivalent consideration to the Republic of ices and programs that were available to the Republic the Marshall Islands with respect to other states in of the Marshall Islands on the effective date of this Free Association with the United States. Such assist- Compact, as amended, to the extent that such serv- ance shall be made available on a reimbursable or non- ices and programs continue to be available to State reimbursable basis to the extent provided by United and local governments of the United States. As set States law. forth in the Fiscal Procedures Agreement, funds pro- vided under subsection (a) of section 211 shall be con- ‘‘Article III sidered to be local revenues of the Government of the ‘‘Administrative Provisions Republic of the Marshall Islands when used as the local share required to obtain Federal programs and ‘‘Section 231 services. ‘‘The specific nature, extent and contractual arrange- ‘‘(2) Unless provided otherwise by U.S. law, the ments of the services and programs provided for in sec- services and programs described in paragraph (1) of tion 221 of this Compact, as amended, as well as the this subsection shall be extended in accordance with legal status of agencies of the Government of the the terms of the Federal Programs and Services United States, their civilian employees and contrac- Agreement. tors, and the dependents of such personnel while ‘‘(c) The Government of the United States shall have present in the Republic of the Marshall Islands, and and exercise such authority as is necessary to carry out other arrangements in connection with the assistance, its responsibilities under this Title and the Federal services, or programs furnished by the Government of Programs and Services Agreement, including the au- the United States, are set forth in a Federal Programs thority to monitor and administer all service and pro- and Services Agreement which shall come into effect gram assistance provided by the United States to the simultaneously with this Compact, as amended. Republic of the Marshall Islands. The Federal Pro- ‘‘Section 232 grams and Services Agreement shall also set forth the ‘‘The Government of the United States, in consulta- extent to which services and programs shall be pro- tion with the Government of the Republic of the Mar- vided to the Republic of the Marshall Islands. shall Islands, shall determine and implement proce- ‘‘(d) Except as provided elsewhere in this Compact, as dures for the periodic audit of all grants and other as- amended, under any separate agreement entered into sistance made under Article I of this Title and of all under this Compact, as amended, or otherwise under funds expended for the services and programs provided U.S. law, all Federal domestic programs extended to or under Article II of this Title. Further, in accordance operating in the Republic of the Marshall Islands shall with the Fiscal Procedures Agreement described in sub- be subject to all applicable criteria, standards, report- section (a) of section 211, the Comptroller General of ing requirements, auditing procedures, and other rules the United States shall have such powers and authori- and regulations applicable to such programs and serv- ties as described in section 103(k) of Public Law 108–188, ices when operating in the United States. 117 Stat. 2734, December 17, 2003. [As amended Pub. L. ‘‘(e) The Government of the United States shall make 110–229, title VIII, § 806(b)(2)(F), May 8, 2008, 122 Stat. available to the Republic of the Marshall Islands alter- 873.] nate energy development projects, studies, and con- servation measures to the extent provided for the Free- ‘‘Section 233 ly Associated States in the laws of the United States. ‘‘Approval of this Compact, as amended, by the Gov- [As amended Pub. L. 110–229, title VIII, § 806(b)(2)(E), ernment of the United States, in accordance with its May 8, 2008, 122 Stat. 873.] constitutional processes, shall constitute a pledge by the United States that the sums and amounts specified ‘‘Section 222 as grants in section 211 of this Compact, as amended, ‘‘The Government of the United States and the Gov- shall be appropriated and paid to the Republic of the ernment of the Republic of the Marshall Islands may Marshall Islands for such period as those provisions of agree from time to time to extend to the Republic of this Compact, as amended, remain in force, provided the Marshall Islands additional United States grant as- that the Republic of the Marshall Islands complies with sistance, services and programs, as provided under the the terms and conditions of this Title and related sub- laws of the United States. Unless inconsistent with sidiary agreements. such laws, or otherwise specifically precluded by the Government of the United States at the time such addi- ‘‘Section 234 tional grant assistance, services, or programs are ex- ‘‘The Government of the Republic of the Marshall Is- tended, the Federal Programs and Services Agreement lands pledges to cooperate with, permit, and assist if shall apply to any such assistance, services or pro- reasonably requested, designated and authorized rep- grams. resentatives of the Government of the United States ‘‘Section 223 charged with investigating whether Compact funds, or any other assistance authorized under this Compact, as ‘‘The Government of the Republic of the Marshall Is- amended, have, or are being, used for purposes other lands shall make available to the Government of the than those set forth in this Compact, as amended, or its United States at no cost such land as may be necessary subsidiary agreements. In carrying out this investiga- for the operations of the services and programs pro- tive authority, such United States Government rep- vided pursuant to this Article, and such facilities as are resentatives may request that the Government of the provided by the Government of the Republic of the Republic of the Marshall Islands subpoena documents Marshall Islands at no cost to the Government of the and records and compel testimony in accordance with United States as of the effective date of this Compact, the laws and Constitution of the Republic of the Mar- as amended, or as may be mutually agreed thereafter. shall Islands. Such assistance by the Government of ‘‘Section 224 the Republic of the Marshall Islands to the Government ‘‘The Government of the Republic of the Marshall Is- of the United States shall not be unreasonably with- lands may request, from the time to time, technical as- held. The obligation of the Government of the Marshall sistance from the Federal agencies and institutions of Islands to fulfill its pledge herein is a condition to its § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 264 receiving payment of such funds or other assistance au- ‘‘(b) The provisions of subsection (a) shall not apply thorized under this Compact, as amended. The Govern- to advantages accorded by the Republic of the Marshall ment of the United States shall pay any reasonable Islands by virtue of their full membership in the Pa- costs for extraordinary services executed by the Gov- cific Island Countries Trade Agreement (PICTA), done ernment of the Marshall Islands in carrying out the on August 18, 2001, to those governments listed in Arti- provisions of this section. cle 26 of PICTA, as of the date the Compact, as amend- ed, is signed. ‘‘Article IV ‘‘(c) Prior to entering into consultations on, or con- ‘‘Trade cluding, a free trade agreement with governments not listed in Article 26 of PICTA, the Republic of the Mar- ‘‘Section 241 shall Islands shall consult with the United States re- ‘‘The Republic of the Marshall Islands is not included garding whether or how subsection (a) of section 244 in the customs territory of the United States. shall be applied. ‘‘Section 242 ‘‘Article V ‘‘The President shall proclaim the following tariff treatment for articles imported from the Republic of ‘‘Finance and Taxation the Marshall Islands which shall apply during the pe- ‘‘Section 251 riod of effectiveness of this title: ‘‘The currency of the United States is the official cir- ‘‘(a) Unless otherwise excluded, articles imported culating legal tender of the Republic of the Marshall Is- from the Republic of the Marshall Islands, subject to lands. Should the Government of the Republic of the the limitations imposed under section 503(b) of title Marshall Islands act to institute another currency, the V of the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be terms of an appropriate currency transitional period exempt from duty. shall be as agreed with the Government of the United ‘‘(b) Only tuna in airtight containers provided for States. in heading 1604.14.22 of the Harmonized Tariff Sched- ule of the United States that is imported from the ‘‘Section 252 Republic of the Marshall Islands and the Federated ‘‘The Government of the Republic of the Marshall Is- States of Micronesia during any calendar year not to lands may, with respect to United States persons, tax exceed 10 percent of apparent United States consump- income derived from sources within its respective juris- tion of tuna in airtight containers during the imme- diction, property situated therein, including transfers diately preceding calendar year, as reported by the of such property by gift or at death, and products con- National Marine Fisheries Service, shall be exempt sumed therein, in such manner as the Government of from duty; but the quantity of tuna given duty-free the Republic of the Marshall Islands deems appro- treatment under this paragraph for any calendar year priate. The determination of the source of any income, shall be counted against the aggregated quantity of or the situs of any property, shall for purposes of this tuna in airtight containers that is dutiable under Compact, as amended, be made according to the United rate column numbered 1 of such heading 1604.14.22 for States Internal Revenue Code. that calendar year. ‘‘Section 253 ‘‘(c) The duty-free treatment provided under sub- section (a) shall not apply to: ‘‘A citizen of the Republic of the Marshall Islands, ‘‘(1) watches, clocks, and timing apparatus pro- domiciled therein, shall be exempt from estate, gift, vided for in Chapter 91, excluding heading 9113, of and generation-skipping transfer taxes imposed by the the Harmonized Tariff Schedule of the United Government of the United States, provided that such States; citizen of the Republic of the Marshall Islands is nei- ‘‘(2) buttons (whether finished or not finished) ther a citizen nor a resident of the United States. provided for in items 9606.21.40 and 9606.29.20 of such ‘‘Section 254 Schedule; ‘‘(a) In determining any income tax imposed by the ‘‘(3) textile and apparel articles which are subject Government of the Republic of the Marshall Islands, to textile agreements; and the Government of the Republic of the Marshall Islands ‘‘(4) footwear, handbags, luggage, flat goods, work shall have authority to impose tax upon income derived gloves, and leather wearing apparel which were not by a resident of the Republic of the Marshall Islands eligible articles for purposes of title V of the Trade from sources without the Republic of the Marshall Is- Act of 1974 (19 U.S.C. 2461, et seq.) on April 1, 1984. lands, in the same manner and to the same extent as ‘‘(d) If the cost or value of materials produced in the Government of the Republic of the Marshall Islands the customs territory of the United States is included imposes tax upon income derived from within its own with respect to an eligible article which is a product jurisdiction. If the Government of the Republic of the of the Republic of the Marshall Islands, an amount Marshall Islands exercises such authority as provided not to exceed 15 percent of the appraised value of the in this subsection, any individual resident of the Re- article at the time it is entered that is attributable public of the Marshall Islands who is subject to tax by to such United States cost or value may be applied the Government of the United States on income which for duty assessment purposes toward determining the is also taxed by the Government of the Republic of the percentage referred to in section 503(a)(2) of title V of Marshall Islands shall be relieved of liability to the the Trade Act of 1974. Government of the United States for the tax which, but ‘‘Section 243 for this subsection, would otherwise be imposed by the ‘‘Articles imported from the Republic of the Marshall Government of the United States on such income. How- Islands which are not exempt from duty under sub- ever, the relief from liability to the United States Gov- sections (a), (b), (c), and (d) of section 242 shall be sub- ernment referred to in the preceding sentence means ject to the rates of duty set forth in column numbered only relief in the form of the foreign tax credit (or de- 1-general of the Harmonized Tariff Schedule of the duction in lieu thereof) available with respect to the United States (HTSUS). income taxes of a possession of the United States, and relief in the form of the exclusion under section 911 of ‘‘Section 244 the Internal Revenue Code of 1986. For purposes of this ‘‘(a) All products of the United States imported into section, the term ‘resident of the Republic of the Mar- the Republic of the Marshall Islands shall receive shall Islands’ shall be deemed to include any person treatment no less favorable than that accorded like who was physically present in the Republic of the Mar- products of any foreign country with respect to cus- shall Islands for a period of 183 or more days during any toms duties or charges of a similar nature and with re- taxable year. spect to laws and regulations relating to importation, ‘‘(b) If the Government of the Republic of the Mar- exportation, taxation, sale, distribution, storage or use. shall Islands subjects income to taxation substantially Page 265 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 similar to that which was imposed by the Trust Terri- ‘‘(b) Unless otherwise agreed, other than for transit tory Code in effect on January 1, 1980, such Government or overflight purposes or during time of a national shall be deemed to have exercised the authority de- emergency declared by the President of the United scribed in section 254(a). States, a state of war declared by the Congress of the ‘‘Section 255 United States or as necessary to defend against an ac- tual or impending armed attack on the United States, ‘‘For purposes of section 274(h)(3)(A) of the U.S. Inter- the Republic of the Marshall Islands or the Federated nal Revenue Code of 1986, the term ‘North American States of Micronesia, the Government of the United Area’ shall include the Republic of the Marshall Is- States shall not store in the Republic of the Marshall lands. Islands or the Federated States of Micronesia any toxic ‘‘TITLE THREE chemical weapon, nor any radioactive materials nor any toxic chemical materials intended for weapons use. ‘‘SECURITY AND DEFENSE RELATIONS ‘‘(c) Radioactive, toxic chemical, or biological mate- ‘‘Article I rials not intended for weapons use shall not be affected ‘‘Authority and Responsibility by section 314(b). ‘‘(d) No material or substance referred to in this sec- ‘‘Section 311 tion shall be stored in the Republic of the Marshall Is- ‘‘(a) The Government of the United States has full lands except in an amount and manner which would not authority and responsibility for security and defense be hazardous to public health or safety. In determining matters in or relating to the Republic of the Marshall what shall be an amount or manner which would be Islands. hazardous to public health or safety under this section, ‘‘(b) This authority and responsibility includes: the Government of the United States shall comply with ‘‘(1) the obligation to defend the Republic of the any applicable mutual agreement, international guide- Marshall Islands and its people from attack or lines accepted by the Government of the United States, threats thereof as the United States and its citizens and the laws of the United States and their implement- are defended; ing regulations. ‘‘(2) the option to foreclose access to or use of the ‘‘(e) Any exercise of the exemption authority set Republic of the Marshall Islands by military person- forth in section 161(e) shall have no effect on the obli- nel or for the military purposes of any third country; gations of the Government of the United States under and this section or on the application of this subsection. ‘‘(3) the option to establish and use military areas ‘‘(f) The provisions of this section shall apply in the and facilities in the Republic of the Marshall Islands, areas in which the Government of the Republic of the subject to the terms of the separate agreements re- Marshall Islands exercises jurisdiction over the living ferred to in sections 321 and 323. resources of the seabed, subsoil or water column adja- ‘‘(c) The Government of the United States confirms cent to its coasts. that it shall act in accordance with the principles of ‘‘Section 315 international law and the Charter of the United Na- tions in the exercise of this authority and responsibil- ‘‘The Government of the United States may invite ity. members of the armed forces of other countries to use military areas and facilities in the Republic of the Mar- ‘‘Section 312 shall Islands, in conjunction with and under the control ‘‘Subject to the terms of any agreements negotiated of United States Armed Forces. Use by units of the in accordance with sections 321 and 323, the Govern- armed forces of other countries of such military areas ment of the United States may conduct within the and facilities, other than for transit and overflight pur- lands, waters and airspace of the Republic of the Mar- poses, shall be subject to consultation with and, in the shall Islands the activities and operations necessary for case of major units, approval of the Government of the the exercise of its authority and responsibility under Republic of the Marshall Islands. this Title. ‘‘Section 316 ‘‘Section 313 ‘‘The authority and responsibility of the Government ‘‘(a) The Government of the Republic of the Marshall of the United States under this Title may not be trans- Islands shall refrain from actions that the Government ferred or otherwise assigned. of the United States determines, after appropriate con- sultation with that Government, to be incompatible ‘‘Article II with its authority and responsibility for security and ‘‘Defense Facilities and Operating Rights defense matters in or relating to the Republic of the ‘‘Section 321 Marshall Islands. ‘‘(a) Specific arrangements for the establishment and ‘‘(b) The consultations referred to in this section use by the Government of the United States of military shall be conducted expeditiously at senior levels of the areas and facilities in the Republic of the Marshall Is- two Governments, and the subsequent determination lands are set forth in separate agreements, which shall by the Government of the United States referred to in remain in effect in accordance with the terms of such this section shall be made only at senior interagency agreements. levels of the Government of the United States. ‘‘(b) If, in the exercise of its authority and respon- ‘‘(c) The Government of the Republic of the Marshall sibility under this Title, the Government of the United Islands shall be afforded, on an expeditious basis, an op- States requires the use of areas within the Republic of portunity to raise its concerns with the United States the Marshall Islands in addition to those for which spe- Secretary of State personally and the United States cific arrangements are concluded pursuant to section Secretary of Defense personally regarding any deter- 321(a), it may request the Government of the Republic mination made in accordance with this section. of the Marshall Islands to satisfy those requirements ‘‘Section 314 through leases or other arrangements. The Government ‘‘(a) Unless otherwise agreed, the Government of the of the Republic of the Marshall Islands shall sympa- United States shall not, in the Republic of the Marshall thetically consider any such request and shall establish Islands: suitable procedures to discuss it with and provide a ‘‘(1) test by detonation or dispose of any nuclear prompt response to the Government of the United weapon, nor test, dispose of, or discharge any toxic States. chemical or biological weapon; or ‘‘(c) The Government of the United States recognizes ‘‘(2) test, dispose of, or discharge any other radio- and respects the scarcity and special importance of active, toxic chemical or biological materials in an land in the Republic of the Marshall Islands. In making amount or manner that would be hazardous to public any requests pursuant to section 321(b), the Govern- health or safety. ment of the United States shall follow the policy of re- § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 266 questing the minimum area necessary to accomplish U.S.C. 51304], provided that the provisions of section the required security and defense purpose, of requesting 1303(b)(6)(C) of that Act [now 46 U.S.C. 51304(b)(2)] only the minimum interest in real property necessary shall not apply to the enrollment of students pursu- to support such purpose, and of requesting first to sat- ant to section 342(b) of this Compact, as amended. [As isfy its requirement through public real property, amended Pub. L. 110–229, title VIII, § 806(b)(2)(H), May where available, rather than through private real prop- 8, 2008, 122 Stat. 874.] erty. ‘‘Article V ‘‘Section 322 ‘‘General Provisions ‘‘The Government of the United States shall provide and maintain fixed and floating aids to navigation in ‘‘Section 351 the Republic of the Marshall Islands at least to the ex- ‘‘(a) The Government of the United States and the tent necessary for the exercise of its authority and re- Government of the Republic of the Marshall Islands sponsibility under this Title. shall continue to maintain a Joint Committee empow- ered to consider disputes arising under the implemen- ‘‘Section 323 tation of this Title and its related agreements. ‘‘The military operating rights of the Government of ‘‘(b) The membership of the Joint Committee shall the United States and the legal status and contractual comprise selected senior officials of the two Govern- arrangements of the United States Armed Forces, their ments. The senior United States military commander members, and associated civilians, while present in the in the Pacific area shall be the senior United States Republic of the Marshall Islands are set forth in sepa- member of the Joint Committee. For the meetings of rate agreements, which shall remain in effect in ac- the Joint Committee, each of the two Governments cordance with the terms of such agreements. may designate additional or alternate representatives as appropriate for the subject matter under consider- ‘‘Article III ation. ‘‘Defense Treaties and International Security ‘‘(c) Unless otherwise mutually agreed, the Joint Agreements Committee shall meet annually at a time and place to be designated, after appropriate consultation, by the ‘‘Section 331 Government of the United States. The Joint Commit- ‘‘Subject to the terms of this Compact, as amended, tee also shall meet promptly upon request of either of and its related agreements, the Government of the its members. The Joint Committee shall follow such United States, exclusively, has assumed and enjoys, as procedures, including the establishment of functional to the Republic of the Marshall Islands, all obligations, subcommittees, as the members may from time to time responsibilities, rights and benefits of: agree. Upon notification by the Government of the ‘‘(a) Any defense treaty or other international secu- United States, the Joint Committee of the United rity agreement applied by the Government of the States and the Republic of the Marshall Islands shall United States as Administering Authority of the meet promptly in a combined session with the Joint Trust Territory of the Pacific Islands as of October Committee established and maintained by the Govern- 20, 1986. ment of the United States and the Government of the ‘‘(b) Any defense treaty or other international secu- Federated States of Micronesia to consider matters rity agreement to which the Government of the within the jurisdiction of the two Joint Committees. United States is or may become a party which it de- ‘‘(d) Unresolved issues in the Joint Committee shall termines to be applicable in the Republic of the Mar- be referred to the Governments for resolution, and the shall Islands. Such a determination by the Govern- Government of the Republic of the Marshall Islands ment of the United States shall be preceded by appro- shall be afforded, on an expeditious basis, an oppor- priate consultation with the Government of the Re- tunity to raise its concerns with the United States Sec- public of the Marshall Islands. retary of Defense personally regarding any unresolved issue which threatens its continued association with ‘‘Article IV the Government of the United States. ‘‘Service in Armed Forces of the United States ‘‘Section 352 ‘‘Section 341 ‘‘In the exercise of its authority and responsibility ‘‘Any person entitled to the privileges set forth in under Title Three, the Government of the United section 141 (with the exception of any person described States shall accord due respect to the authority and re- in section 141(a)(5) who is not a citizen of the Republic sponsibility of the Government of the Republic of the of the Marshall Islands) shall be eligible to volunteer Marshall Islands under Titles One, Two and Four and for service in the Armed Forces of the United States, to the responsibility of the Government of the Republic but shall not be subject to involuntary induction into of the Marshall Islands to assure the well-being of its military service of the United States as long as such people. person has resided in the United States for a period of ‘‘Section 353 less than one year, provided that no time shall count ‘‘(a) The Government of the United States shall not towards this one year while a person admitted to the include the Government of the Republic of the Marshall United States under the Compact, or the Compact, as Islands as a named party to a formal declaration of amended, is engaged in full-time study in the United war, without that Government’s consent. States. Any person described in section 141(a)(5) who is ‘‘(b) Absent such consent, this Compact, as amended, not a citizen of the Republic of the Marshall Islands is without prejudice, on the ground of belligerence or shall be subject to United States laws relating to selec- the existence of a state of war, to any claims for dam- tive service. [As amended Pub. L. 110–229, title VIII, ages which are advanced by the citizens, nationals or § 806(b)(2)(G), May 8, 2008, 122 Stat. 874.] Government of the Republic of the Marshall Islands, ‘‘Section 342 which arise out of armed conflict subsequent to Octo- ‘‘The Government of the United States shall have en- ber 21, 1986, and which are: rolled, at any one time, at least one qualified student ‘‘(1) petitions to the Government of the United from the Republic of the Marshall Islands, as may be States for redress; or nominated by the Government of the Republic of the ‘‘(2) claims in any manner against the government, Marshall Islands, in each of: citizens, nationals or entities of any third country. ‘‘(a) The United States Coast Guard Academy pur- ‘‘(c) Petitions under section 353(b)(1) shall be treated suant to section 195 of title 14, United States Code. as if they were made by citizens of the United States. ‘‘(b) The United States Merchant Marine Academy ‘‘Section 354 pursuant to section 1303(b)(6) of the Merchant Marine ‘‘(a) The Government of the United States and the Act, 1936 ([former] 46 U.S.C. [App.] 1295b(b)(6)) [see 46 Government of the Republic of the Marshall Islands are Page 267 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 jointly committed to continue their security and de- of the United States on matters relating to the provi- fense relations, as set forth in this Title. Accordingly, sions of this Compact, as amended, or of its related it is the intention of the two countries that the provi- agreements. sions of this Title shall remain binding as long as this ‘‘Section 422 Compact, as amended, remains in effect, and thereafter as mutually agreed, unless earlier terminated by mu- ‘‘In the event the Government of the United States or tual agreement pursuant to section 441, or amended the Government of the Republic of the Marshall Is- pursuant to Article III of Title Four. If at any time the lands, after conferring pursuant to section 421, deter- Government of the United States, or the Government mines that there is a dispute and gives written notice of the Republic of the Marshall Islands, acting unilater- thereof, the two Governments shall make a good faith ally, terminates this Title, such unilateral termination effort to resolve the dispute between themselves. shall be considered to be termination of the entire ‘‘Section 423 Compact, as amended, in which case the provisions of ‘‘If a dispute between the Government of the United sections 442 and 452 (in the case of termination by the States and the Government of the Republic of the Mar- Government of the United States) or sections 443 and shall Islands cannot be resolved within 90 days of writ- 453 (in the case of termination by the Government of ten notification in the manner provided in section 422, the Republic of the Marshall Islands), with the excep- either party to the dispute may refer it to arbitration tion of paragraph (3) of subsection (a) of section 452 or in accordance with section 424. paragraph (3) of subsection (a) of section 453, as the case may be, shall apply. ‘‘Section 424 ‘‘(b) The Government of the United States recognizes, ‘‘Should a dispute be referred to arbitration as pro- in view of the special relationship between the Govern- vided for in section 423, an Arbitration Board shall be ment of the United States and the Government of the established for the purpose of hearing the dispute and Republic of the Marshall Islands, and in view of the ex- rendering a decision which shall be binding upon the istence of the separate agreement regarding mutual se- two parties to the dispute unless the two parties mutu- curity concluded with the Government of the Republic ally agree that the decision shall be advisory. Arbitra- of the Marshall Islands pursuant to sections 321 and 323, tion shall occur according to the following terms: that, even if this Title should terminate, any attack on ‘‘(a) An Arbitration Board shall consist of a Chair- the Republic of the Marshall Islands during the period man and two other members, each of whom shall be in which such separate agreement is in effect, would a citizen of a party to the dispute. Each of the two constitute a threat to the peace and security of the en- Governments that is a party to the dispute shall ap- tire region and a danger to the United States. In the point one member to the Arbitration Board. If either event of such an attack, the Government of the United party to the dispute does not fulfill the appointment States would take action to meet the danger to the requirements of this section within 30 days of referral United States and to the Republic of the Marshall Is- of the dispute to arbitration pursuant to section 423, lands in accordance with its constitutional processes. its member on the Arbitration Board shall be selected ‘‘(c) As reflected in Article 21(1)(b) of the Trust Fund from its own standing list by the other party to the Agreement, the Government of the United States and dispute. Each Government shall maintain a standing the Government of the Republic of the Marshall Islands list of 10 candidates. The parties to the dispute shall further recognize, in view of the special relationship jointly appoint a Chairman within 15 days after selec- between their countries, that even if this Title should tion of the other members of the Arbitration Board. terminate, the Government of Republic of the Marshall Failing agreement on a Chairman, the Chairman Islands shall refrain from actions which the Govern- shall be chosen by lot from the standing lists of the ment of the United States determines, after appro- parties to the dispute within 5 days after such failure. priate consultation with that Government, to be in- ‘‘(b) Unless otherwise provided in this Compact, as compatible with its authority and responsibility for se- amended, or its related agreements, the Arbitration curity and defense matters in or relating to the Repub- Board shall have jurisdiction to hear and render its lic of the Marshall Islands or the Federated States of final determination on all disputes arising exclu- Micronesia. [As amended Pub. L. 110–229, title VIII, sively under Articles I, II, III, IV and V of Title One, § 806(b)(2)(I), May 8, 2008, 122 Stat. 874.] Title Two, Title Four, and their related agreements. ‘‘(c) Each member of the Arbitration Board shall ‘‘TITLE FOUR have one vote. Each decision of the Arbitration Board shall be reached by majority vote. ‘‘GENERAL PROVISIONS ‘‘(d) In determining any legal issue, the Arbitration ‘‘Article I Board may have reference to international law and, ‘‘Approval and Effective Date in such reference, shall apply as guidelines the provi- sions set forth in Article 38 of the Statute of the ‘‘Section 411 International Court of Justice. ‘‘Pursuant to section 432 of the Compact and subject ‘‘(e) The Arbitration Board shall adopt such rules to subsection (e) of section 461 of the Compact, as for its proceedings as it may deem appropriate and amended, the Compact, as amended, shall come into ef- necessary, but such rules shall not contravene the fect upon mutual agreement between the Government provisions of this Compact, as amended. Unless the of the United States and the Government of the Repub- parties provide otherwise by mutual agreement, the lic of the Marshall Islands subsequent to completion of Arbitration Board shall endeavor to render its deci- the following: sion within 30 days after the conclusion of argu- ‘‘(a) Approval by the Government of the Republic of ments. The Arbitration Board shall make findings of the Marshall Islands in accordance with its constitu- fact and conclusions of law and its members may tional processes. issue dissenting or individual opinions. Except as ‘‘(b) Approval by the Government of the United may be otherwise decided by the Arbitration Board, States in accordance with its constitutional proc- one-half of all costs of the arbitration shall be borne esses. by the Government of the United States and the re- mainder shall be borne by the Government of the Re- ‘‘Article II public of the Marshall Islands. ‘‘Conference and Dispute Resolution ‘‘Article III ‘‘Section 421 ‘‘Amendment ‘‘The Government of the United States shall confer promptly at the request of the Government of the Re- ‘‘Section 431 public of the Marshall Islands and that Government ‘‘The provisions of this Compact, as amended, may be shall confer promptly at the request of the Government further amended by mutual agreement of the Govern- § 1921 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 268 ment of the United States and the Government of the scribed in subsection (b) of this section, if termination Republic of the Marshall Islands, in accordance with occurs pursuant to section 441 following the twentieth their respective constitutional processes. anniversary of the effective date of this Compact, as amended, the Republic of the Marshall Islands shall be ‘‘Article IV entitled to receive proceeds from the Trust Fund de- ‘‘Termination scribed in section 216 of this Compact, as amended, in ‘‘Section 441 the manner described in those provisions and the Trust ‘‘This Compact, as amended, may be terminated by Fund Agreement. mutual agreement of the Government of the Republic ‘‘Section 452 of the Marshall Islands and the Government of the ‘‘(a) Should termination occur pursuant to section 442 United States, in accordance with their respective con- prior to the twentieth anniversary of the effective date stitutional processes. Such mutual termination of this of this Compact, as amended, the following provisions Compact, as amended, shall be without prejudice to the of this amended Compact shall remain in full force and continued application of section 451 of this Compact, as effect until the twentieth anniversary of the effective amended, and the provisions of the Compact, as amend- date of this Compact, as amended, and thereafter as ed, set forth therein. mutually agreed: ‘‘Section 442 ‘‘(1) Article VI and sections 172, 173, 176 and 177 of ‘‘Subject to section 452, this Compact, as amended, Title One; may be terminated by the Government of the United ‘‘(2) Article One and sections 232 and 234 of Title States in accordance with its constitutional processes. Two; Such termination shall be effective on the date speci- ‘‘(3) Title Three; and fied in the notice of termination by the Government of ‘‘(4) Articles II, III, V and VI of Title Four. ‘‘(b) Should termination occur pursuant to section 442 the United States but not earlier than six months fol- before the twentieth anniversary of the effective date lowing delivery of such notice. The time specified in of this Compact, as amended: the notice of termination may be extended. Such ter- ‘‘(1) Except as provided in paragraph (2) of this sub- mination of this Compact, as amended, shall be without section and subsection (c) of this section, economic prejudice to the continued application of section 452 of and other assistance by the United States shall con- this Compact, as amended, and the provisions of the tinue only if and as mutually agreed by the Govern- Compact, as amended, set forth therein. ments of the United States and the Republic of the ‘‘Section 443 Marshall Islands. ‘‘This Compact, as amended, shall be terminated by ‘‘(2) In view of the special relationship of the United the Government of the Republic of the Marshall Is- States and the Republic of the Marshall Islands, as lands, pursuant to its constitutional processes, subject reflected in subsections (b) and (c) of section 354 of to section 453 if the people represented by that Govern- this Compact, as amended, and the separate agree- ment vote in a plebiscite to terminate the Compact, as ment regarding mutual security, and the Trust Fund amended.. [sic] The Government of the Republic of the Agreement, the United States shall continue to make Marshall Islands shall notify the Government of the contributions to the Trust Fund described in section United States of its intention to call such a plebiscite, 216 of this Compact, as amended, in the manner de- which shall take place not earlier than three months scribed in the Trust Fund Agreement. after delivery of such notice. The plebiscite shall be ad- ‘‘(c) In view of the special relationship of the United ministered by the Government of the Republic of the States and the Republic of the Marshall Islands, as re- Marshall Islands in accordance with its constitutional flected in subsections 354(b) and (c) of this Compact, as and legislative processes, but the Government of the amended, and the separate agreement regarding mu- United States may send its own observers and invite tual security, and the Trust Fund Agreement, if termi- observers from a mutually agreed party. If a majority nation occurs pursuant to section 442 following the of the valid ballots cast in the plebiscite favors termi- twentieth anniversary of the effective date of this Com- nation, the Government of the Republic of the Marshall pact, as amended, the Republic of the Marshall Islands Islands shall, upon certification of the results of the shall continue to be eligible to receive proceeds from plebiscite, give notice of termination to the Govern- the Trust Fund described in section 216 of this Com- ment of the United States, such termination to be ef- pact, as amended, in the manner described in those pro- fective on the date specified in such notice but not ear- visions and the Trust Fund Agreement. lier than three months following the date of delivery of ‘‘Section 453 such notice. The time specified in the notice of termi- ‘‘(a) Should termination occur pursuant to section 443 nation may be extended. [As amended Pub. L. 110–229, prior to the twentieth anniversary of the effective date title VIII, § 806(b)(2)(J), May 8, 2008, 122 Stat. 874.] of this Compact, as amended, the following provisions ‘‘Article V of this Compact, as amended, shall remain in full force ‘‘Survivability and effect until the twentieth anniversary of the effec- tive date of this Compact, as amended, and thereafter ‘‘Section 451 as mutually agreed: ‘‘(a) Should termination occur pursuant to section ‘‘(1) Article VI and sections 172, 173, 176 and 177 of 441, economic and other assistance by the Government Title One; of the United States shall continue only if and as mu- ‘‘(2) Sections 232 and 234 of Title Two; tually agreed by the Governments of the United States ‘‘(3) Title Three; and and the Republic of the Marshall Islands, and in accord- ‘‘(4) Articles II, III, V and VI of Title Four. ance with the countries’ respective constitutional proc- ‘‘(b) Upon receipt of notice of termination pursuant esses. to section 443, the Government of the United States ‘‘(b) In view of the special relationship of the United and the Government of the Republic of the Marshall Is- States and the Republic of the Marshall Islands, as re- lands shall promptly consult with regard to their fu- flected in subsections (b) and (c) of section 354 of this ture relationship. Except as provided in subsections (c) Compact, as amended, and the separate agreement en- and (d) of this section, these consultations shall deter- tered into consistent with those subsections, if termi- mine the level of economic and other assistance, if any, nation occurs pursuant to section 441 prior to the twen- which the Government of the United States shall pro- tieth anniversary of the effective date of this Compact, vide to the Government of the Republic of the Marshall as amended, the United States shall continue to make Islands for the period ending on the twentieth anniver- contributions to the Trust Fund described in section sary of the effective date of this Compact, as amended, 216 of this Compact, as amended. and for any period thereafter, if mutually agreed. ‘‘(c) In view of the special relationship of the United ‘‘(c) In view of the special relationship of the United States and the Republic of the Marshall Islands de- States and the Republic of the Marshall Islands, as re- Page 269 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921 flected in subsections 354(b) and (c) of this Compact, as ‘‘(f) ‘Government of the Republic of the Marshall Is- amended, and the separate agreement regarding mu- lands’ means the Government established and orga- tual security, and the Trust Fund Agreement, if termi- nized by the Constitution of the Republic of the Mar- nation occurs pursuant to section 443 prior to the twen- shall Islands including all the political subdivisions tieth anniversary of the effective date of this Compact, and entities comprising that Government. as amended, the United States shall continue to make ‘‘(g) ‘Government of the Federated States of Micro- contributions to the Trust Fund described in section nesia’ means the Government established and orga- 216 of this Compact, as amended. nized by the Constitution of the Federated States of ‘‘(d) In view of the special relationship of the United Micronesia including all the political subdivisions States and the Republic of the Marshall Islands, as re- and entities comprising that Government. flected in subsections 354(b) and (c) of this Compact, as ‘‘(h) The following terms shall be defined consistent amended, and the separate agreement regarding mu- with the 1998 Edition of the Radio Regulations of the tual security, and the Trust Fund Agreement, if termi- International Telecommunication Union as follows: nation occurs pursuant to section 443 following the ‘‘(1) ‘Radiocommunication’ means telecommuni- twentieth anniversary of the effective date of this Com- cation by means of radio waves. pact, as amended, the Republic of the Marshall Islands ‘‘(2) ‘Station’ means one or more transmitters or shall continue to be eligible to receive proceeds from receivers or a combination of transmitters and re- the Trust Fund described in section 216 of this Com- ceivers, including the accessory equipment, nec- pact, as amended, in the manner described in those pro- essary at one location for carrying on a visions and the Trust Fund Agreement. radiocommunication service, or the radio astron- omy service. ‘‘Section 454 ‘‘(3) ‘Broadcasting Service’ means a ‘‘Notwithstanding any other provision of this Com- radiocommunication service in which the trans- pact, as amended: missions are intended for direct reception by the ‘‘(a) The Government of the United States reaffirms general public. This service may include sound its continuing interest in promoting the economic ad- transmissions, television transmissions or other vancement and budgetary self-reliance of the people types of transmission. of the Republic of the Marshall Islands. ‘‘(4) ‘Broadcasting Station’ means a station in the ‘‘(b) The separate agreements referred to in Article broadcasting service. II of Title Three shall remain in effect in accordance ‘‘(5) ‘Assignment (of a radio frequency or radio with their terms. frequency channel)’ means an authorization given ‘‘Article VI by an administration for a radio station to use a radio frequency or radio frequency channel under ‘‘Definition of Terms specified conditions. ‘‘Section 461 ‘‘(6) ‘Telecommunication’ means any trans- ‘‘For the purpose of this Compact, as amended, only, mission, emission or reception of signs, signals, and without prejudice to the views of the Government writings, images and sounds or intelligence of any of the United States or the Government of the Republic nature by wire, radio, optical or other electro- of the Marshall Islands as to the nature and extent of magnetic systems. the jurisdiction of either of them under international ‘‘(i) ‘Military Areas and Facilities’ means those law, the following terms shall have the following mean- areas and facilities in the Republic of the Marshall ings: Islands reserved or acquired by the Government of ‘‘(a) ‘Trust Territory of the Pacific Islands’ means the Republic of the Marshall Islands for use by the the area established in the Trusteeship Agreement Government of the United States, as set forth in the consisting of the former administrative districts of separate agreements referred to in section 321. Kosrae, Yap, Ponape, the Marshall Islands and Truk ‘‘(j) ‘Tariff Schedules of the United States’ means as described in Title One, Trust Territory Code, sec- the Tariff Schedules of the United States as amended tion 1, in force on January 1, 1979. This term does not from time to time and as promulgated pursuant to include the area of Palau or the Northern Mariana Is- United States law and includes the Tariff Schedules lands. of the United States Annotated (TSUSA), as amend- ‘‘(b) ‘Trusteeship Agreement’ means the agreement ed. setting forth the terms of trusteeship for the Trust ‘‘(k) ‘Vienna Convention on Diplomatic Relations’ Territory of the Pacific Islands, approved by the Se- means the Vienna Convention on Diplomatic Rela- curity Council of the United Nations April 2, 1947, and tions, done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, by the United States July 18, 1947, entered into force 500 U.N.T.S. 95. [As amended Pub. L. 110–229, title July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 U.N.T.S. VIII, § 806(b)(2)(K), May 8, 2008, 122 Stat. 874.] 189. ‘‘Section 462 ‘‘(c) ‘The Republic of the Marshall Islands’ and ‘the ‘‘(a) The Government of the United States and the Federated States of Micronesia’ are used in a geo- Government of the Republic of the Marshall Islands graphic sense and include the land and water areas to previously have concluded agreements, which shall re- the outer limits of the territorial sea and the air main in effect and shall survive in accordance with space above such areas as now or hereafter recognized their terms, as follows: by the Government of the United States. ‘‘(1) Agreement Between the Government of the ‘‘(d) ‘Compact’ means the Compact of Free Associa- United States and the Government of the Marshall Is- tion Between the United States and the Federated lands for the Implementation of Section 177 of the States of Micronesia and the Marshall Islands, that Compact of Free Association; was approved by the United States Congress in sec- ‘‘(2) Agreement Between the Government of the tion 201 of Public Law 99–239 (Jan. 14, 1986) and went United States and the Government of the Marshall Is- into effect with respect to the Republic of the Mar- lands by Persons Displaced as a Result of the United shall Islands on October 21, 1986. States Nuclear Testing Program in the Marshall Is- ‘‘(e) ‘Compact, as amended’ means the Compact of lands; Free Association Between the United States and the ‘‘(3) Agreement Between the Government of the Republic of the Marshall Islands, as amended. The ef- United States and the Government of the Marshall Is- fective date of the Compact, as amended, shall be on lands Regarding the Resettlement of Enjebi Island; a date to be determined by the President of the ‘‘(4) Agreement Concluded Pursuant to Section 234 United States, and agreed to by the Government of of the Compact; and the Republic of the Marshall Islands, following for- ‘‘(5) Agreement Between the Government of the mal approval of the Compact, as amended, in accord- United States and the Government of the Marshall Is- ance with section 411 of this Compact, as amended. lands Regarding Mutual Security Concluded Pursu- § 1921a TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 270

ant to Sections 321 and 323 of the Compact of Free As- ‘‘Article VII sociation. ‘‘Concluding Provisions ‘‘(b) The Government of the United States and the Government of the Republic of the Marshall Islands ‘‘Section 471 shall conclude prior to the date of submission of this ‘‘Both the Government of the United States and the Compact to the legislatures of the two countries, the Government of the Republic of the Marshall Islands following related agreements which shall come into ef- shall take all necessary steps, of a general or particular fect on the effective date of this Compact, as amended, character, to ensure, no later than the entry into force and shall survive in accordance with their terms, as fol- date of this Compact, as amended, the conformity of its lows: laws, regulations and administrative procedures with ‘‘(1) Federal Programs and Services Agreement Be- the provisions of this Compact, as amended, or, in the tween the Government of the United States of Amer- case of subsection (d) of section 141, as soon as reason- ica and the Government of the Republic of the Mar- ably possible thereafter. shall Islands Concluded Pursuant to Article III of ‘‘Section 472 Title One, Article II of Title Two (including Section ‘‘This Compact, as amended, may be accepted, by sig- 222), and Section 231 of the Compact of Free Associa- nature or otherwise, by the Government of the United tion, as Amended, which include: States and the Government of the Republic of the Mar- ‘‘(i) Postal Services and Related Programs; shall Islands. ‘‘(ii) Weather Services and Related Programs; ‘‘(iii) Civil Aviation Safety Service and Related ‘‘IN WITNESS WHEREOF, the undersigned, duly au- Programs; thorized, have signed this Compact of Free Association, ‘‘(iv) Civil Aviation Economic Services and Relat- as amended, which shall enter into force upon the ex- ed Programs; change of diplomatic notes by which the Government of ‘‘(v) United States Disaster Preparedness and Re- the United States of America and the Government of sponse Services and Related Programs; and the Republic of the Marshall Islands inform each other ‘‘(vi) Telecommunications Services and Related about the fulfillment of their respective requirements Programs. for entry into force. ‘‘(2) Agreement Between the Government of the ‘‘DONE at Majuro, Republic of the Marshall Islands, United States of America and the Government of the in duplicate, this thirtieth (30) day of April, 2003, each Republic of the Marshall Islands on Extradition, Mu- text being equally authentic. tual Assistance in Law Enforcement Matters and Penal Sanctions Concluded Pursuant to Section 175 Signed (April 30, 2003) (a) of the Compact of Free Association, as Amended; For the Government of the ‘‘(3) Agreement Between the Government of the United States of America: United States of America and the Government of the Republic of the Marshall Islands on Labor Recruit- Ambassador Michael J. Senko ment Concluded Pursuant to Section 175 (b) of the U.S. Ambassador to the Compact of Free Association, as Amended; Republic of the Marshall Islands ‘‘(4) Agreement Concerning Procedures for the Im- plementation of United States Economic Assistance Signed (April 30, 2003) Provided in the Compact, as Amended, of Free Asso- For the Government of the ciation Between the Government of the United States Republic of the Marshall Islands: of America and the Government of the Republic of the Marshall Islands; His Excellency Banny deBrum ‘‘(5) Agreement Between the Government of the Ambassador Extraordinary and United States of America and the Government of the Plenipotentiary’’ Republic of the Marshall Islands Implementing Sec- [Pub. L. 110–229, title VIII, § 806(b)(2)(D)(ii), May 8, tion 216 and Section 217 of the Compact, as Amended, 2008, 122 Stat. 873, which directed substitution of Regarding a Trust Fund; ‘‘(6) Agreement Regarding the Military Use and Op- ‘‘Agreement Regarding the Military Use and Operating erating Rights of the Government of the United Rights of the Government of the United States in the States in the Republic of the Marshall Islands Con- Republic of the Marshall Islands concluded Pursuant to cluded Pursuant to Sections 321 and 323 of the Com- Sections 321 and 323 of the Compact of Free Associa- pact of Free Association, as Amended; and tion, as Amended (Agreement between the Government ‘‘(7) Status of Forces Agreement Between the Gov- of the United States and the Government of the Repub- ernment of the United States of America and the lic of the Marshall Islands Regarding Military Use and Government of the Republic of the Marshall Islands Operating Rights)’’ for ‘‘Agreement between the Gov- Concluded Pursuant to Section 323 of the Compact of ernment of the United States and the Government of Free Association, as Amended. the Republic of the Marshall Islands Regarding Miliary Use and Operating Rights’’ in the first sentence of sub- ‘‘Section 463 section (b) in section 211 of the Compact of Free Asso- ‘‘(a) Except as set forth in subsection (b) of this sec- ciation, as amended, between the Government of the tion, any reference in this Compact, as amended, to a United States of America and the Government of the provision of the United States Code or the Statutes at Republic of the Marshall Islands, set out above, was ex- Large of the United States constitutes the incorpora- ecuted by making the substitution for ‘‘Agreement be- tion of the language of such provision into this Com- tween the Government of the United States and the pact, as amended, as such provision was in force on the Government of the Republic of the Marshall Islands Re- effective date of this Compact, as amended. garding Military Use and Operating Rights’’ to reflect ‘‘(b) Any reference in Articles IV and VI of Title One, the probable intent of Congress.] and Sections 174, 175, 178 and 342 to a provision of the United States Code or the Statutes at Large of the § 1921a. Agreements with Federated States of Mi- United States or to the Privacy Act, the Freedom of In- cronesia formation Act, the Administrative Procedure Act or the Immigration and Nationality Act constitutes the (a) Law enforcement assistance incorporation of the language of such provision into Pursuant to sections 222 and 224 of the U.S.- this Compact, as amended, as such provision was in FSM Compact, the United States shall provide force on the effective date of this Compact, as amend- ed, or as it may be amended thereafter on a non-dis- non-reimbursable technical and training assist- criminatory basis according to the constitutional proc- ance as appropriate, including training and esses of the United States. [As amended Pub. L. 110–229, equipment for postal inspection of illicit drugs title VIII, § 806(b)(2)(L), May 8, 2008, 122 Stat. 874.] and other contraband, to enable the Government Page 271 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921a of the Federated States of Micronesia to develop (3) Status of Comptroller General representa- and adequately enforce laws of the Federated tives States of Micronesia and to cooperate with the The Comptroller General and his duly au- United States in the enforcement of criminal thorized representatives shall be immune from laws of the United States. Funds appropriated civil and criminal process relating to words pursuant to section 1921d(j) of this title may be spoken or written and all acts performed by used to reimburse State or local agencies pro- them in their official capacity and falling viding such assistance. within their functions, except insofar as such (b) Agreement on audits immunity may be expressly waived by the The Comptroller General (and his duly author- Government of the United States. The Comp- ized representatives) shall have the authorities troller General and his duly authorized rep- necessary to carry out his responsibilities under resentatives shall not be liable to arrest or de- section 232 of the U.S.-FSM Compact and the tention pending trial, except in the case of a agreement referred to in section 462(b)(4) of the grave crime and pursuant to a decision by a U.S.-FSM Compact, including the following au- competent judicial authority, and such per- thorities: sons shall enjoy immunity from seizure of per- sonal property, immigration restrictions, and (1) General authority of the Comptroller Gen- laws relating to alien registration, finger- eral to audit printing, and the registration of foreign (A) The Comptroller General of the United agents. Such persons shall enjoy the same tax- States (and his duly authorized representa- ation exemptions as are set forth in Article 34 tives) shall have the authority to audit— of the Vienna Convention on Diplomatic Rela- (i) all grants, program assistance, and tions. The privileges, exemptions and immuni- other assistance provided to the Government ties accorded under this paragraph are not for of the Federated States of Micronesia under the personal benefit of the individuals con- Articles I and II of Title Two of the U.S.- cerned but are to safeguard the independent FSM Compact; and exercise of their official functions. Without (ii) any other assistance provided by the prejudice to those privileges, exemptions and Government of the United States to the Gov- immunities, it is the duty of all such persons ernment of the Federated States of Microne- to respect the laws and regulations of the Gov- sia. ernment of the Federated States of Microne- sia. Such authority shall include authority for the Comptroller General to conduct or cause to be (4) Audits defined conducted any of the audits provided for in As used in this subsection, the term ‘‘au- section 232 of the U.S.-FSM Compact. The au- dits’’ includes financial, program, and man- thority provided in this paragraph shall con- agement audits, including determining— tinue for at least three years after the last (A) whether the Government of the Fed- such grant has been made or assistance has erated States of Micronesia has met the re- been provided. quirements set forth in the U.S.-FSM Com- (B) The Comptroller General (and his duly pact, or any related agreement entered into authorized representatives) shall also have au- under the U.S.-FSM Compact, regarding the thority to review any audit conducted by or on purposes for which such grants and other as- behalf of the Government of the United sistance are to be used; and States. In this connection, the Comptroller (B) the propriety of the financial trans- General shall have access to such personnel actions of the Government of the Federated and to such records, documents, working pa- States of Micronesia pursuant to such grants pers, automated data and files, and other in- or assistance. formation relevant to such review. (5) Cooperation by Federated States of Micro- (2) Comptroller General access to records nesia (A) In carrying out paragraph (1), the Comp- The Government of the Federated States of troller General (and his duly authorized rep- Micronesia will cooperate fully with the resentatives) shall have such access to the per- Comptroller General of the United States in sonnel and (without cost) to records, docu- the conduct of such audits as the Comptroller ments, working papers, automated data and General determines necessary to enable the files, and other information relevant to such Comptroller General to fully discharge his re- audits. The Comptroller General may dupli- sponsibilities under this joint resolution. cate any such records, documents, working pa- (Pub. L. 108–188, title I, § 102, Dec. 17, 2003, 117 pers, automated data and files, or other infor- Stat. 2725.) mation relevant to such audits. (B) Such records, documents, working pa- REFERENCES IN TEXT pers, automated data and files, and other in- This joint resolution, referred to in subsec. (b)(5), is formation regarding each such grant or other Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720, known as assistance shall be maintained for at least five the Compact of Free Association Amendments Act of years after the date such grant or assistance 2003, which enacted this part and provisions set out as was provided and in a manner that permits notes under sections 1901 and 1921 of this title and amended provisions set out as a note under section 3101 such grants, assistance, and payments to be of Title 5, Government Organization and Employees. accounted for distinct from any other funds of For complete classification of this Act to the Code, see the Government of the Federated States of Mi- Short Title of 2003 Amendment note set out under sec- cronesia. tion 1901 of this title and Tables. § 1921b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 272

§ 1921b. Agreements with and other provisions investment management firm has been selected related to the Republic of the Marshall Is- by such Government to act as Fund Manager lands under Article I of the Section 177 Agreement. (2) In the joint resolution of January 14, 1986 (a) Law enforcement assistance (Public Law 99–239) Congress provided that in Pursuant to sections 222 and 224 of the U.S.- the event that the President determines that an RMI Compact, the United States shall provide investment management firm selected by the non-reimbursable technical and training assist- Government of the Marshall Islands does not ance as appropriate, including training and meet the requirements specified in Article I of equipment for postal inspection of illicit drugs the Section 177 Agreement, the United States and other contraband, to enable the Government shall invoke the conference and dispute resolu- of the Marshall Islands to develop and ade- tion procedures of Article II of Title Four of the quately enforce laws of the Marshall Islands and Compact. Pending the resolution of such a dis- to cooperate with the United States in the en- pute and until a qualified Fund Manager has forcement of criminal laws of the United States. been designated, the Government of the Mar- Funds appropriated pursuant to section 1921d(j) shall Islands shall place the funds paid by the of this title may be used to reimburse State or United States pursuant to Article I of the Sec- local agencies providing such assistance. tion 177 Agreement into an interest-bearing es- (b) Ejit crow account. Upon designation of a qualified (1) In the joint resolution of January 14, 1986 Fund Manager, all funds in the escrow account (Public Law 99–239) Congress provided that the shall be transferred to the control of such Fund President of the United States shall negotiate Manager for management pursuant to the Sec- with the Government of the Marshall Islands an tion 177 Agreement. agreement whereby, without prejudice as to any (3) In the joint resolution of January 14, 1986 claims which have been or may be asserted by (Public Law 99–239) Congress provided that if the any party as to rightful title and ownership of Government of the Marshall Islands determines any lands on Ejit, the Government of the Mar- that some other investment firm should act as shall Islands shall assure that lands on Ejit used Fund Manager in place of the firm first (or sub- as of January 1, 1985, by the people of Bikini, sequently) selected by such Government, the will continue to be available without charge for Government of the Marshall Islands shall so no- their use, until such time as Bikini is restored tify the President of the United States, identify- and inhabitable and the continued use of Ejit is ing the firm selected by such Government to be- no longer necessary, unless a Marshall Islands come Fund Manager, and the President shall court of competent jurisdiction finally deter- proceed to evaluate the qualifications of such mines that there are legal impediments to con- identified firm. tinued use of Ejit by the people of Bikini. (4) In the joint resolution of January 14, 1986 (2) In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that at (Public Law 99–239) Congress provided that if the the end of 15 years after the effective date of the impediments described in paragraph (1) do arise, Compact, the firm then acting as Fund Manager the United States will cooperate with the Gov- shall transfer to the Government of the Mar- ernment of the Marshall Islands in assisting any shall Islands, or to such account as such Govern- person adversely affected by such judicial deter- ment shall so notify the Fund Manager, all re- mination to remain on Ejit, or in locating suit- maining funds and assets being managed by the able and acceptable alternative lands for such Fund Manager under the Section 177 Agreement. person’s use. (d) Nuclear test effects (3) In the joint resolution of January 14, 1986 In the joint resolution of January 14, 1986 (Public Law 99–239) Congress provided that para- (Public Law 99–239) Congress provided that in graph (1) shall not be applied in a manner which approving the Compact, the Congress under- would prevent the Government of the Marshall stands and intends that the peoples of Bikini, Islands from acting in accordance with its con- Enewetak, Rongelap, and Utrik, who were af- stitutional processes to resolve title and owner- fected by the United States nuclear weapons ship claims with respect to such lands or from testing program in the Marshall Islands, will re- taking substitute or additional measures to ceive the amounts of $75,000,000 (Bikini); meet the needs of the people of Bikini with their $48,750,000 (Enewetak); $37,500,000 (Rongelap); democratically expressed consent and approval. and $22,500,000 (Utrik), respectively, which (c) Section 177 Agreement amounts shall be paid out of proceeds from the (1) In the joint resolution of January 14, 1986 fund established under Article I, section 1 of the (Public Law 99–239) Congress provided that in subsidiary agreement for the implementation of furtherance of the purposes of Article I of the section 177 of the Compact. The amounts speci- Subsidiary Agreement for Implementation of fied in this subsection shall be in addition to Section 177 of the Compact, the payment of the any amounts which may be awarded to claim- amount specified therein shall be made by the ants pursuant to Article IV of the subsidiary United States under Article I of the Agreement agreement for the implementation of Section 177 between the Government of the United States of the Compact. and the Government of the Marshall Islands for (e) Espousal provisions the Implementation of Section 177 of the Com- (1) In the joint resolution of January 14, 1986 pact (hereafter in this subsection referred to as (Public Law 99–239) Congress provided that it is the ‘‘Section 177 Agreement’’) only after the the intention of the Congress of the United Government of the Marshall Islands has notified States that the provisions of section 177 of the the President of the United States as to which Compact of Free Association and the Agreement Page 273 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b between the Government of the United States (II) a determination on whether the and the Government of the Marshall Islands for surveys and analyses indicate any sig- the Implementation of Section 177 of the Com- nificant change in the health risks to the pact (hereafter in this subsection referred to as people of Enewetak from the contami- the ‘‘Section 177 Agreement’’) constitute a full nants within the Cactus Crater contain- and final settlement of all claims described in ment structure. Articles X and XI of the Section 177 Agreement, (iii) Funding for groundwater monitoring and that any such claims be terminated and barred except insofar as provided for in the Sec- The Secretary of the Interior shall make tion 177 Agreement. available to the Department of Energy, (2) In the joint resolution of January 14, 1986 Marshall Islands Program, from funds (Public Law 99–239) Congress provided that in available for the Technical Assistance Pro- furtherance of the intention of Congress as stat- gram of the Office of Insular Affairs, the ed in paragraph (1) of this subsection, the Sec- amounts necessary to conduct the tion 177 Agreement is hereby ratified and ap- radiochemical analysis of groundwater proved. It is the explicit understanding and in- under clause(i)(II). tent of Congress that the jurisdictional limita- (2) Agricultural and food programs tions set forth in Article XII of such Agreement (A) In general are enacted solely and exclusively to accomplish In the joint resolution of January 14, 1986 the objective of Article X of such Agreement (Public Law 99–239) Congress provided that and only as a clarification of the effect of Arti- notwithstanding any other provision of law, cle X, and are not to be construed or imple- upon the request of the Government of the mented separately from Article X. Marshall Islands, for the first fifteen years (f) DOE radiological health care program; USDA after the effective date of the Compact, the agricultural and food programs President (either through an appropriate de- (1) Marshall Islands program partment or agency of the United States or (A) In general by contract with a United States firm or by a grant to the Government of the Republic Notwithstanding any other provision of of the Marshall Islands which may further law, upon the request of the Government of contract only with a United States firm or a the Republic of the Marshall Islands, the Republic of the Marshall Islands firm, the President (either through an appropriate de- owners, officers and majority of the employ- partment or agency of the United States or ees of which are citizens of the United by contract with a United States firm) shall States or the Republic of the Marshall Is- continue to provide special medical care and lands) shall provide technical and other as- logistical support thereto for the remaining sistance— members of the population of Rongelap and (i) without reimbursement, to continue Utrik who were exposed to radiation result- the planting and agricultural maintenance ing from the 1954 United States thermo-nu- program on Enewetak, as provided in sub- clear ‘‘Bravo’’ test, pursuant to Public Laws paragraph (C); and 95–134 and 96–205. (ii) without reimbursement, to continue (B) Continued monitoring on Runit Island the food programs of the Bikini and (i) Cactus Crater containment and ground- Enewetak people described in section 1(d) water monitoring of Article II of the Subsidiary Agreement for the Implementation of Section 177 of Effective beginning January 1, 2012, the the Compact and for continued waterborne Secretary of Energy shall, as a part of the transportation of agricultural products to Marshall Islands program conducted under Enewetak including operations and main- subparagraph (A), periodically (but not tenance of the vessel used for such pur- less frequently than every 4 years) con- poses. duct— (I) a visual study of the concrete exte- (B) Population changes rior of the Cactus Crater containment The President shall ensure the assistance structure on Runit Island; and provided under these programs reflects the (II) a radiochemical analysis of the changes in the population since the incep- groundwater surrounding and in the Cac- tion of such programs. tus Crater containment structure on (C) Planting and agricultural maintenance Runit Island. program (ii) Report (i) In general The Secretary shall submit to the Com- The planting and agricultural mainte- mittee on Energy and Natural Resources nance program on Enewetak shall be fund- of the Senate, and the Committee on Natu- ed at a level of not less than $1,300,000 per ral Resources of the House of Representa- year, as adjusted for inflation under sec- tives, a report that contains— tion 218 of the U.S.-RMI Compact. (I) a description of— (aa) the results of each visual survey (ii) Authorization and continuing appro- conducted under clause (i)(I); and priation (bb) the results of the radiochemical There is hereby authorized and appro- analysis conducted under clause (i)(II); priated to the Secretary of the Interior, and out of any funds in the Treasury not other- § 1921b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 274

wise appropriated, to remain available ported by the data, the Government of the Mar- until expended, for each fiscal year from shall Islands shall contract with an appropriate 2004 through 2023, $1,300,000, as adjusted for scientist or group of scientists to undertake a inflation under section 218 of the U.S.-RMI complete survey of radiation and other effects of Compact, for grants to carry out the plant- the nuclear testing program relating to the hab- ing and agricultural maintenance pro- itability of Rongelap Island. Such sums as are gram. necessary for such survey and report concerning (3) Payments the results thereof and as to steps needed to re- In the joint resolution of January 14, 1986 store the habitability of Rongelap Island are au- (Public Law 99–239) Congress provided that thorized to be made available to the Govern- payments under this subsection shall be pro- ment of the Marshall Islands. vided to such extent or in such amounts as are (3) In the joint resolution of January 14, 1986 necessary for services and other assistance (Public Law 99–239) Congress provided that it is provided pursuant to this subsection. It is the the intent of Congress that such steps (if any) as sense of Congress that after the periods of are necessary to restore the habitability of time specified in paragraphs (1) and (2) of this Rongelap Island and return the Rongelap people subsection, consideration will be given to such to their homeland will be taken by the United additional funding for these programs as may States in consultation with the Government of be necessary. the Marshall Islands and, in accordance with its (g) Rongelap authority under the Constitution of the Mar- shall Islands, the Rongelap local government (1) In the joint resolution of January 14, 1986 council. (Public Law 99–239) Congress provided that be- (4) There are hereby authorized and appro- cause Rongelap was directly affected by fallout priated to the Secretary of the Interior, out of from a 1954 United States thermonuclear test any funds in the Treasury not otherwise appro- and because the Rongelap people remain uncon- priated, to remain available until expended, for vinced that it is safe to continue to live on fiscal year 2005, $1,780,000; for fiscal year 2006, Rongelap Island, it is the intent of Congress to $1,760,000; and for fiscal year 2007, $1,760,000, as take such steps (if any) as may be necessary to the final contributions of the United States to overcome the effects of such fallout on the hab- the Rongelap Resettlement Trust Fund as estab- itability of Rongelap Island, and to restore lished pursuant to Public Law 102–154 (105 Stat. Rongelap Island, if necessary, so that it can be 1009), for the purposes of establishing a food im- safely inhabited. Accordingly, it is the expecta- portation program as a part of the overall reset- tion of the Congress that the Government of the tlement program of Rongelap Island. Marshall Islands shall use such portion of the funds specified in Article II, section 1(e) of the (h) Four atoll health care program subsidiary agreement for the implementation of (1) In the joint resolution of January 14, 1986 section 177 of the Compact as are necessary for (Public Law 99–239) Congress provided that serv- the purpose of contracting with a qualified sci- ices provided by the United States Public Health entist or group of scientists to review the data Service or any other United States agency pur- collected by the Department of Energy relating suant to section 1(a) of Article II of the Agree- to radiation levels and other conditions on ment for the Implementation of Section 177 of Rongelap Island resulting from the thermo- the Compact (hereafter in this subsection re- nuclear test. It is the expectation of the Con- ferred to as the ‘‘Section 177 Agreement’’) shall gress that the Government of the Marshall Is- be only for services to the people of the Atolls lands, after consultation with the people of of Bikini, Enewetak, Rongelap, and Utrik who Rongelap, shall select the party to review such were affected by the consequences of the United data, and shall contract for such review and for States nuclear testing program, pursuant to the submission of a report to the President of the program described in Public Law 95–134 (91 Stat. United States and the Congress as to the results 1159) and Public Law 96–205 (94 Stat. 84) and thereof. their descendants (and any other persons identi- (2) In the joint resolution of January 14, 1986 fied as having been so affected if such identifica- (Public Law 99–239) Congress provided that the tion occurs in the manner described in such pub- purpose of the review referred to in paragraph lic laws). Nothing in this subsection shall be (1) of this subsection shall be to establish wheth- construed as prejudicial to the views or policies er the data cited in support of the conclusions as of the Government of the Marshall Islands as to to the habitability of Rongelap Island, as set the persons affected by the consequences of the forth in the Department of Energy report enti- United States nuclear testing program. tled: ‘‘The Meaning of Radiation for Those (2) In the joint resolution of January 14, 1986 Atolls in the Northern Part of the Marshall Is- (Public Law 99–239) Congress provided that at lands That Were Surveyed in 1978’’, dated No- the end of the first year after the effective date vember 1982, are adequate and whether such con- of the Compact and at the end of each year clusions are fully supported by the data. If the thereafter, the providing agency or agencies party reviewing the data concludes that such shall return to the Government of the Marshall conclusions as to habitability are fully sup- Islands any unexpended funds to be returned to ported by adequate data, the report to the Presi- the Fund Manager (as described in Article I of dent of the United States and the Congress shall the Section 177 Agreement) to be covered into so state. If the party reviewing the data con- the Fund to be available for future use. cludes that the data are inadequate to support (3) In the joint resolution of January 14, 1986 such conclusions as to habitability or that such (Public Law 99–239) Congress provided that the conclusions as to habitability are not fully sup- Fund Manager shall retain the funds returned by Page 275 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b the Government of the Marshall Islands pursu- ing mean annual dose and mean 30-year cumu- ant to paragraph (2) of this subsection, shall in- lative dose standards. vest and manage such funds, and at the end of 15 (3) Resettlement of Enjebi years after the effective date of the Compact, shall make from the total amount so retained In the joint resolution of January 14, 1986 and the proceeds thereof annual disbursements (Public Law 99–239) Congress provided that in sufficient to continue to make payments for the the event that the United States determines provision of health services as specified in para- that the people of Enjebi can within 25 years graph (1) of this subsection to such extent as of January 14, 1986, resettle Enjebi under the may be provided in contracts between the Gov- conditions set forth in paragraph (2) of this ernment of the Marshall Islands and appropriate subsection, then upon such determination United States providers of such health services. there shall be available to the people of Enjebi from the Fund such amounts as are necessary (i) Enjebi Community Trust Fund for the people of Enjebi to do the following, in In the joint resolution of January 14, 1986 accordance with a plan developed by the (Public Law 99–239) Congress provided that not- Enewetak Local Government Council and the withstanding any other provision of law, the people of Enjebi, and concurred with by the Secretary of the Treasury shall establish on the Government of the Marshall Islands to assure books of the Treasury of the United States a consistency with the government’s overall fund having the status specified in Article V of economic development plan: the subsidiary agreement for the implementa- (A) Establish a community on Enjebi Is- tion of Section 177 of the Compact, to be known land for the use of the people of Enjebi. as the ‘‘Enjebi Community Trust Fund’’ (here- (B) Replant Enjebi with appropriate food- after in this subsection referred to as the bearing and other vegetation. ‘‘Fund’’), and shall credit to the Fund the (4) Resettlement of other location amount of $7,500,000. Such amount, which shall be ex gratia, shall be in addition to and not In the joint resolution of January 14, 1986 charged against any other funds provided for in (Public Law 99–239) Congress provided that in the Compact and its subsidiary agreements, this the event that the United States determines joint resolution, or any other Act. Upon receipt that within 25 years of January 14, 1986, the by the President of the United States of the people of Enjebi cannot resettle Enjebi with- agreement described in this subsection, the Sec- out exceeding the radiation standards set retary of the Treasury, upon request of the Gov- forth in paragraph (2) of this subsection, then ernment of the Marshall Islands, shall transfer the fund manager shall be directed by the the Fund to the Government of the Marshall Is- trust instrument to distribute the Fund to the lands, provided that the Government of the Mar- people of Enjebi for their resettlement at some shall Islands agrees as follows: other location in accordance with a plan, de- (1) Enjebi trust agreement veloped by the Enewetak Local Government Council and the people of Enjebi and con- In the joint resolution of January 14, 1986 curred with by the Government of the Mar- (Public Law 99–239) Congress provided that the shall Islands, to assure consistency with the Government of the Marshall Islands and the government’s overall economic development Enewetak Local Government Council, in con- plan. sultation with the people of Enjebi, shall pro- vide for the creation of the Enjebi Community (5) Interest from Fund Trust Fund and the employment of the man- In the joint resolution of January 14, 1986 ager of the Enewetak Fund established pursu- (Public Law 99–239) Congress provided that ant to the Section 177 Agreement as trustee prior to and during the distribution of the cor- and manager of the Enjebi Community Trust pus of the Fund pursuant to paragraphs (3) and Fund, or, should the manager of the Enewetak (4) of this subsection, the people of Enjebi Fund not be acceptable to the people of may, if they so request, receive the interest Enjebi, another United States investment earned by the Fund on no less frequent a basis manager with substantial experience in the than quarterly. administration of trusts and with funds under (6) Disclaimer of liability management in excess of $250,000,000. In the joint resolution of January 14, 1986 (2) Monitor conditions (Public Law 99–239) Congress provided that In the joint resolution of January 14, 1986 neither under the laws of the Marshall Islands (Public Law 99–239) Congress provided that nor under the laws of the United States, shall upon the request of the Government of the the Government of the United States be liable Marshall Islands, the United States shall mon- for any loss or damage to person or property itor the radiation and other conditions on in respect to the resettlement of Enjebi by the Enjebi and within one year of receiving such a people of Enjebi, pursuant to the provision of request shall report to the Government of the this subsection or otherwise. Marshall Islands when the people of Enjebi (j) Bikini Atoll cleanup may resettle Enjebi under circumstances where the radioactive contamination at (1) Declaration of policy Enjebi, including contamination derived from In the joint resolution of January 14, 1986 consumption of locally grown food products, (Public Law 99–239), the Congress determined can be reduced or otherwise controlled to meet and declared that it is the policy of the United whole body Federal radiation protection States, to be supported by the full faith and standards for the general population, includ- credit of the United States, that because the § 1921b TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 276

United States, through its nuclear testing and sonnel and (without cost) to records, docu- other activities, rendered Bikini Atoll unsafe ments, working papers, automated data and for habitation by the people of Bikini, the files, and other information relevant to such United States will fulfill its responsibility for audits. The Comptroller General may dupli- restoring Bikini Atoll to habitability, as set cate any such records, documents, working pa- forth in paragraph (2) and (3) of this sub- pers, automated data and files, or other infor- section. mation relevant to such audits. (2) Cleanup funds (B) Such records, documents, working pa- pers, automated data and files, and other in- The joint resolution of January 14, 1986 formation regarding each such grant or other (Public Law 99–239) authorized to be appro- assistance shall be maintained for at least five priated such sums as necessary to implement years after the date such grant or assistance the settlement agreement of March 15, 1985, in was provided and in a manner that permits The People of Bikini, et al. against United such grants, assistance and payments to be ac- States of America, et al., Civ. No. 84–0425 (D. counted for distinct from any other funds of Ha.). the Government of the Republic of the Mar- (3) Conditions of funding shall Islands. In the joint resolution of January 14, 1986 (3) Status of Comptroller General representa- (Public Law 99–239) the Congress provided that tives the funds referred to in paragraph (2) were to The Comptroller General and his duly au- be made available pursuant to Article VI, Sec- thorized representatives shall be immune from tion 1 of the Compact Section 177 Agreement civil and criminal process relating to words upon completion of the events set forth in the spoken or written and all acts performed by settlement agreement referred to in paragraph them in their official capacity and falling (2) of this subsection. within their functions, except insofar as such (k) Agreement on audits immunity may be expressly waived by the The Comptroller General (and his duly author- Government of the United States. The Comp- ized representatives) shall have the authorities troller General and his duly authorized rep- necessary to carry out his responsibilities under resentatives shall not be liable to arrest or de- section 232 of the U.S.-RMI Compact and the tention pending trial, except in the case of a agreement referred to in section 462(b)(4) of the grave crime and pursuant to a decision by a U.S.-RMI Compact, including the following au- competent judicial authority, and such per- thorities: sons shall enjoy immunity from seizure of per- sonal property, immigration restrictions, and (1) General authority of the Comptroller Gen- laws relating to alien registration, finger- eral to audit printing, and the registration of foreign (A) The Comptroller General of the United agents. Such persons shall enjoy the same tax- States (and his duly authorized representa- ation exemptions as are set forth in Article 34 tives) shall have the authority to audit— of the Vienna Convention on Diplomatic Rela- (i) all grants, program assistance, and tions. The privileges, exemptions and immuni- other assistance provided to the Government ties accorded under this paragraph are not for of the Republic of the Marshall Islands the personal benefit of the individuals con- under Articles I and II of Title Two of the cerned but are to safeguard the independent U.S.-RMI Compact; and exercise of their official functions. Without (ii) any other assistance provided by the prejudice to those privileges, exemptions and Government of the United States to the Gov- immunities, it is the duty of all such persons ernment of the Republic of the Marshall Is- to respect the laws and regulations of the Gov- lands. ernment of the Republic of the Marshall Is- Such authority shall include authority for the lands. Comptroller General to conduct or cause to be (4) Audits defined conducted any of the audits provided for in As used in this subsection, the term ‘‘au- section 232 of the U.S.-RMI Compact. The au- dits’’ includes financial, program, and man- thority provided in this paragraph shall con- agement audits, including determining— tinue for at least three years after the last (A) whether the Government of the Repub- such grant has been made or assistance has lic of the Marshall Islands has met the re- been provided. quirements set forth in the U.S.-RMI Com- (B) The Comptroller General (and his duly pact, or any related agreement entered into authorized representatives) shall also have au- under the U.S.-RMI Compact, regarding the thority to review any audit conducted by or on purposes for which such grants and other as- behalf of the Government of the United sistance are to be used; and States. In this connection, the Comptroller (B) the propriety of the financial trans- General shall have access to such personnel actions of the Government of the Republic of and to such records, documents, working pa- the Marshall Islands pursuant to such grants pers, automated data and files, and other in- or assistance. formation relevant to such review. (5) Cooperation by the Republic of the Mar- (2) Comptroller General access to records shall Islands (A) In carrying out paragraph (1), the Comp- The Government of the Republic of the Mar- troller General (and his duly authorized rep- shall Islands will cooperate fully with the resentatives) shall have such access to the per- Comptroller General of the United States in Page 277 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921b

the conduct of such audits as the Comptroller of the United States of America when an General determines necessary to enable the agreement amending or superseding the land Comptroller General to fully discharge his re- use agreement dated October 19, 1982, is con- sponsibilities under this joint resolution. cluded. (l) Kwajalein (B) If no agreement amending or superseding (1) Statement of policy the land use agreement dated October 19, 1982 is concluded by the date five years after De- It is the policy of the United States that cember 17, 2003, then the President shall report payment of funds by the Government of the Marshall Islands to the landowners of Kwaja- to Congress on the intentions of the United lein Atoll in accordance with the land use States with respect to the use of Kwajalein agreement dated October 19, 1982, or as amend- Atoll after 2016, on any plans to relocate ac- ed or superseded, and any related allocation tivities carried out on Kwajalein Atoll, and on agreements, is required in order to ensure that the disposition of the funds and interest held the Government of the United States will be in escrow under paragraph (3). able to fulfill its obligation and responsibil- (5) Assistance ities under Title Three of the U.S.-RMI Com- The President is authorized to make loans pact and the subsidiary agreements concluded and grants to the Government of the Marshall pursuant to the U.S.-RMI Compact. Islands to address the special needs of the (2) Failure to pay community at Ebeye, Kwajalein Atoll, and (A) In general other Marshallese communities within the If the Government of the Marshall Islands Kwajalein Atoll, pursuant to development fails to make payments in accordance with plans adopted in accordance with applicable paragraph (1), the Government of the United laws of the Marshall Islands. The loans and States shall initiate procedures under sec- grants shall be subject to such other terms tion 313 of the U.S.-RMI Compact and con- and conditions as the President, in the discre- sult with the Government of the Marshall Is- tion of the President, may determine are ap- lands with respect to the basis for the non- propriate. payment of funds. (Pub. L. 108–188, title I, § 103, Dec. 17, 2003, 117 (B) Resolution Stat. 2727; Pub. L. 110–229, title VIII, § 806(a)(1), The United States shall expeditiously re- May 8, 2008, 122 Stat. 871; Pub. L. 112–149, § 2, solve the matter of any nonpayment of funds July 26, 2012, 126 Stat. 1144.) required under paragraph (1) pursuant to REFERENCES IN TEXT section 313 of the U.S.-RMI Compact and the authority and responsibility of the Govern- The joint resolution of January 14, 1986 (Public Law ment of the United States for security and 99–239), referred to in text, is Pub. L. 99–239, Jan. 14, defense matters in or relating to the Mar- 1986, 99 Stat. 1770, known as the Compact of Free Asso- ciation Act of 1985, which is classified principally to shall Islands. This paragraph shall be en- part A of this subchapter and chapter 19 (§ 2001 et seq.) forced, as may be necessary, in accordance of this title. For complete classification of this Act to with section 1921d(e) of this title. the Code, see Short Title note set out under section (3) Disposition of increased payments pending 1901 of this title and Tables. new land use agreement Public Law 95–134, referred to in subsecs. (f)(1)(A) and (h)(1), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159, popu- Until such time as the Government of the larly known as the Omnibus Territories Act of 1977. For Marshall Islands and the landowners of Kwaja- complete classification of this Act to the Code, see lein Atoll have concluded an agreement Tables. amending or superseding the land use agree- Public Law 96–205, referred to in subsecs. (f)(1)(A) and ment reflecting the terms of and consistent (h)(1), is Pub. L. 96–205, Mar. 12, 1980, 94 Stat. 84. For with the Military Use Operating Rights Agree- complete classification of this Act to the Code, see ment dated October 19, 1982, any amounts paid Tables. by the United States to the Government of the Public Law 102–154, referred to in subsec. (g)(4), is Pub. L. 102–154, Nov. 13, 1991, 105 Stat. 990, known as the Marshall Islands in excess of the amounts re- Department of the Interior and Related Agencies Ap- quired to be paid pursuant to the land use propriations Act, 1992. For complete classification of agreement dated October 19, 1982, shall be paid this Act to the Code, see Tables. into, and held in, an interest bearing escrow This joint resolution, referred to in subsecs. (i) and account in a United States financial institu- (k)(5), is Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720, tion by the Government of the Republic of the known as the Compact of Free Association Amend- Marshall Islands. At such time, the funds and ments Act of 2003, which enacted this part and provi- interest held in escrow shall be paid to the sions set out as notes under sections 1901 and 1921 of landowners of Kwajalein in accordance with this title and amended provisions set out as a note under section 3101 of Title 5, Government Organization the new land use agreement. If no such agree- and Employees. For complete classification of this Act ment is concluded by the date which is five to the Code, see Short Title of 2003 Amendment note years after December 17, 2003, then such funds set out under section 1901 of this title and Tables. and interest shall, unless otherwise mutually agreed between the Government of the United AMENDMENTS States of America and the Government of the 2012—Subsec. (f)(1). Pub. L. 112–149 designated exist- Republic of the Marshall Islands, be returned ing provisions as subpar. (A), inserted heading, and to the U.S. Treasury. added subpar. (B). (4) Notifications and report 2008—Subsec. (c)(1). Pub. L. 110–229 substituted ‘‘Mar- shall Islands for the Implementation of Section 177’’ for (A) The Government of the Republic of the ‘‘Marshall Islands for the Implementation of section Marshall Islands shall notify the Government 177’’. § 1921c TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 278

§ 1921c. Interpretation of and United States pol- and manner specified by the Secretary of icy regarding U.S.-FSM Compact and U.S.- State in consultation with the Secretary of RMI Compact Homeland Security and, respectively, with the government of the Federated States of Micro- (a) Human rights nesia and the government of the Republic of In approving the U.S.-FSM Compact and the the Marshall Islands. The United States Gov- U.S.-RMI Compact, Congress notes the conclu- ernment is authorized to require that pass- sion in the Statement of Intent of the Report of ports used for the purpose of seeking admis- The Future Political Status Commission of the sion under section 141 of the U.S.-FSM Com- Congress of Micronesia in July, 1969, that ‘‘our pact and the U.S.-RMI Compact contain the recommendation of a free associated state is in- security enhancements funded by such assist- dissolubly linked to our desire for such a demo- ance. cratic, representative, constitutional govern- (3) Information-sharing ment’’ and notes that such desire and intention are reaffirmed and embodied in the Constitu- It is the sense of Congress that the govern- tions of the Federated States of Micronesia and ments of the Federated States of Micronesia the Republic of the Marshall Islands. Congress and the Republic of the Marshall Islands de- also notes and specifically endorses the pre- velop, prior to October 1, 2004, the capability amble to the U.S.-FSM Compact and the U.S.- to provide reliable and timely information as RMI Compact, which affirms that the govern- may reasonably be required by the Govern- ments of the parties to the U.S.-FSM Compact ment of the United States in enforcing crimi- and the U.S.-RMI Compact are founded upon re- nal and security-related grounds of inadmis- spect for human rights and fundamental free- sibility and deportability under the Immigra- doms for all. The Secretary of State shall in- tion and Nationality Act, as amended [8 U.S.C. clude in the annual reports on the status of 1101 et seq.], and shall provide such informa- internationally recognized human rights in for- tion to the Government of the United States. eign countries, which are submitted to Congress (4) Transition; construction of sections pursuant to sections 2151n and 2304 of title 22, a 141(a)(3) and 141(a)(4) of the U.S.-FSM full and complete report regarding the status of Compact and U.S.-RMI Compact internationally recognized human rights in the The words ‘‘the effective date of this Com- Federated States of Micronesia and the Republic pact, as amended’’ in sections 141(a)(3) and of the Marshall Islands. 141(a)(4) of the U.S.-FSM Compact and the (b) Immigration and passport security U.S.-RMI Compact shall be construed to read, ‘‘on the day prior to the enactment by the (1) Naturalized citizens United States Congress of the Compact of Free The rights of a bona fide naturalized citizen Association Amendments Act of 2003.’’. of the Federated States of Micronesia or the (c) Nonalienation of lands Republic of the Marshall Islands to enter the Congress endorses and encourages the mainte- United States, to lawfully engage therein in nance of the policies of the Government of the occupations, and to establish residence therein Federated States of Micronesia and the Govern- as a nonimmigrant, to the extent such rights ment of the Republic of the Marshall Islands to are provided under section 141 of the U.S.-FSM regulate, in accordance with their Constitutions Compact and the U.S.-RMI Compact, shall not and laws, the alienation of permanent interests be deemed to extend to any such naturalized in real property so as to restrict the acquisition citizen with respect to whom circumstances of such interests to persons of Federated States associated with the acquisition of the status of of Micronesia citizenship and the Republic of a naturalized citizen are such as to allow a the Marshall Islands citizenship, respectively. reasonable inference, on the part of appro- priate officials of the United States and sub- (d) Nuclear waste disposal ject to United States procedural requirements, In approving the U.S.-FSM Compact and the that such naturalized status was acquired pri- U.S.-RMI Compact, Congress understands that marily in order to obtain such rights. the Government of the Federated States of Mi- (2) Passports cronesia and the Government of the Republic of the Marshall Islands will not permit any other It is the sense of Congress that up to $250,000 government or any nongovernmental party to of the grant assistance provided to the Fed- conduct, in the Republic of the Marshall Islands erated States of Micronesia pursuant to sec- or in the Federated States of Micronesia, any of tion 211(a)(4) of the U.S.-FSM Compact, and up the activities specified in subsection (a) of sec- to $250,000 of the grant assistance provided to tion 314 of the U.S.-FSM Compact and the U.S.- the Republic of the Marshall Islands pursuant RMI Compact. to section 211(a)(4) of the U.S.-RMI Compact (e) Impact of the U.S.-FSM Compact and the U.S.- (or a greater amount of the section 211(a)(4) RMI Compact on the State of Hawaii, Guam, grant, if mutually agreed between the Govern- the Commonwealth of the Northern Mariana ment of the United States and the government Islands and American Samoa; related author- of the Federated States of Micronesia or the ization and continuing appropriation government of the Republic of the Marshall Is- lands), be used for the purpose of increasing (1) Statement of congressional intent the machine-readability and security of pass- In reauthorizing the U.S.-FSM Compact and ports issued by such jurisdictions. It is further the U.S.-RMI Compact, it is not the intent of the sense of Congress that such funds be obli- Congress to cause any adverse consequences gated by September 30, 2004 and in the amount for an affected jurisdiction. Page 279 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921c

(2) Definitions (5) Allocation For the purposes of this part— The Secretary of the Interior shall allocate (A) the term ‘‘affected jurisdiction’’ means to the government of each affected jurisdic- American Samoa, Guam, the Commonwealth tion, on the basis of the results of the most re- of the Northern Mariana Islands, or the cent enumeration, grants in an aggregate State of Hawaii; and amount equal to the total amount of funds ap- (B) the term ‘‘qualified nonimmigrant’’ propriated under paragraph (3) of this sub- means a person, or their children under the section, as reduced by any deductions author- age of 18, admitted or resident pursuant to ized by subparagraph (C) of paragraph (4) of section 141 of the U.S.-RMI or U.S.-FSM this subsection, multiplied by a ratio derived Compact, or section 141 of the Palau Com- by dividing the number of qualified nonimmi- pact who, as of a date referenced in the most grants in such affected jurisdiction by the recently published enumeration is a resident total number of qualified nonimmigrants in of an affected jurisdiction. As used in this all affected jurisdictions. subsection, the term ‘‘resident’’ shall be a (6) Authorization for health care reimburse- person who has a ‘‘residence,’’ as that term ment is defined in section 101(a)(33) of the Immi- gration and Nationality Act, as amended [8 There are hereby authorized to be appro- U.S.C. 1101(a)(33)]. priated to the Secretary of the Interior such sums as may be necessary to reimburse health (3) Authorization and continuing appropria- care institutions in the affected jurisdictions tion for costs resulting from the migration of citi- zens of the Republic of the Marshall Islands, There is hereby authorized and appropriated the Federated States of Micronesia and the to the Secretary of the Interior, out of any Republic of Palau to the affected jurisdictions funds in the Treasury not otherwise appro- as a result of the implementation of the Com- priated, to remain available until expended, pact of Free Association, approved by Public for each fiscal year from 2004 through 2023, Law 99–239, or the approval of the U.S.-FSM $30,000,000 for grants to affected jurisdictions Compact and the U.S.-RMI Compact by this to aid in defraying costs incurred by affected resolution. jurisdictions as a result of increased demands placed on health, educational, social, or public (7) Use of DOD medical facilities and National safety services or infrastructure related to Health Service Corps such services due to the residence in affected (A) DOD medical facilities jurisdictions of qualified nonimmigrants from The Secretary of Defense shall make avail- the Republic of the Marshall Islands, the Fed- able, on a space available and reimbursable erated States of Micronesia, or the Republic of basis, the medical facilities of the Depart- Palau. The grants shall be— ment of Defense for use by citizens of the (A) awarded and administered by the De- Federated States of Micronesia and the Re- partment of the Interior, Office of Insular public of the Marshall Islands who are prop- Affairs, or any successor thereto, in accord- erly referred to the facilities by government ance with regulations, policies and proce- authorities responsible for provision of med- dures applicable to grants so awarded and ical services in the Federated States of Mi- administered; and cronesia, the Republic of the Marshall Is- (B) used only for health, educational, so- lands, the Republic of Palau and the affected cial, or public safety services, or infrastruc- jurisdictions. ture related to such services, specifically af- fected by qualified nonimmigrants. (B) National Health Service Corps The Secretary of Health and Human Serv- (4) Enumeration ices shall continue to make the services of The Secretary of the Interior shall conduct the National Health Service Corps available periodic enumerations of qualified nonimmi- to the residents of the Federated States of grants in each affected jurisdiction. The enu- Micronesia and the Republic of the Marshall merations— Islands to the same extent and for so long as (A) shall be conducted at such intervals as such services are authorized to be provided the Secretary of the Interior shall deter- to persons residing in any other areas within mine, but no less frequently than every five or outside the United States. years, beginning in fiscal year 2003; (C) Authorization of appropriations (B) shall be supervised by the United There are authorized to be appropriated to States Bureau of the Census or such other carry out this paragraph such sums as are organization as the Secretary of the Interior necessary for each fiscal year. may select; and (C) after fiscal year 2003, shall be funded by (8) Reporting requirement the Secretary of the Interior by deducting Not later than one year after December 17, such sums as are necessary, but not to ex- 2003, and at one year intervals thereafter, the ceed $300,000 as adjusted for inflation pursu- Governors of Guam, the State of Hawaii, the ant to section 217 of the U.S.-FSM Compact Commonwealth of the Northern Mariana Is- with fiscal year 2003 as the base year, per lands, and American Samoa may provide to enumeration, from funds appropriated pur- the Secretary of the Interior by February 1 of suant to the authorization contained in each year their comments with respect to the paragraph (3) of this subsection. impacts of the Compacts on their respective § 1921c TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 280

jurisdiction. The Secretary of the Interior, monwealth of the Northern Mariana Is- upon receipt of any such comments, shall re- lands. In exercising his authority under port to the Congress not later than May 1 of this section and in determining whether to each year and include the following: give final approval to a request, the Presi- (A) The Governor’s comments on the im- dent shall take into consideration com- pacts of the Compacts as well as the Admin- ments he may receive after Congressional istration’s analysis of such impact. review. (B) The Administration views on any rec- (iv) Expiration ommendations for corrective action to The authority granted in subparagraph eliminate those consequences as proposed by (A) shall expire on February 28, 2005. such Governors. (C) With regard to immigration, statistics (10) Authorization of appropriations for grants concerning the number of persons availing There are hereby authorized to the Sec- themselves of the rights described in section retary of the Interior for each of fiscal years 141(a) of the Compact during the year cov- 2004 through 2023 such sums as may be nec- ered by each report. essary for grants to the governments of Guam, (D) With regard to trade, an analysis of the the State of Hawaii, the Commonwealth of the impact on the economy of American Samoa Northern Mariana Islands, and American resulting from imports of canned tuna into Samoa, as a result of increased demands the United States from the Federated States placed on educational, social, or public safety of Micronesia, and the Republic of the Mar- services or infrastructure related to such serv- shall Islands. ices due to the presence in Guam, Hawaii, the (9) Reconciliation of unreimbursed impact ex- Commonwealth of the Northern Mariana Is- penses lands, and American Samoa of qualified non- immigrants from the Federated States of Mi- (A) In general cronesia, the Republic of the Marshall Islands, Notwithstanding any other provision of and the Republic of Palau. law, the President, to address previously ac- (f) Foreign loans crued and unreimbursed impact expenses, may, at the request of the Governor of Guam Congress hereby reaffirms the United States or the Governor of the Commonwealth of the position that the United States Government is Northern Mariana Islands, reduce, release, not responsible for foreign loans or debt ob- or waive all or part of any amounts owed by tained by the Governments of the Federated the Government of Guam or the Government States of Micronesia and the Republic of the of the Commonwealth of the Northern Mari- Marshall Islands. ana Islands (or either government’s autono- (g) Sense of Congress concerning funding of pub- mous agencies or instrumentalities), respec- lic infrastructure tively, to any department, agency, independ- It is the sense of Congress that not less than ent agency, office, or instrumentality of the 30 percent of the United States annual grant as- United States. sistance provided under section 211 of the Com- (B) Terms and conditions pact of Free Association, as amended, between (i) Substantiation of impact costs the Government of the United States of America and the Government of the Federated States of Not later than 120 days after December Micronesia, and not less than 30 percent of the 17, 2003, the Governor of Guam and the total amount of section 211 funds allocated to Governor of the Commonwealth of the each of the States of the Federated States of Mi- Northern Mariana Islands shall each sub- cronesia, shall be invested in infrastructure im- mit to the Secretary of the Interior a re- provements and maintenance in accordance with port, prepared in consultation with an section 211(a)(6). It is further the sense of Con- independent accounting firm, substantiat- gress that not less than 30 percent of the United ing unreimbursed impact expenses claimed States annual grant assistance provided under for the period from January 14, 1986, section 211 of the Compact of Free Association, through September 30, 2003. Upon request as amended, between the Government of the of the Secretary of the Interior, the Gov- United States of America and the Government ernor of Guam and the Governor of the of the Republic of the Marshall Islands, shall be Commonwealth of the Northern Mariana invested in infrastructure improvements and Islands shall submit to the Secretary of maintenance in accordance with section 211(d). the Interior copies of all documents upon which the report submitted by that Gov- (h) Reports and reviews ernor under this clause was based. (1) Report by the President (ii) Congressional notification Not later than the end of the first full cal- endar year following enactment of this resolu- The President shall notify Congress of tion, and not later than December 31 of each his intent to exercise the authority grant- year thereafter, the President shall report to ed in subparagraph (A). Congress regarding the Federated States of (iii) Congressional review and comment Micronesia and the Republic of the Marshall Any reduction, release, or waiver under Islands, including but not limited to— this Act shall not take effect until 60 days (A) general social, political, and economic after the President notifies Congress of his conditions, including estimates of economic intent to approve a request of the Gov- growth, per capita income, and migration ernor of Guam or the Governor of the Com- rates; Page 281 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921c

(B) the use and effectiveness of United (j) Inflation adjustment States financial, program, and technical as- As of Fiscal Year 2015, if the United States sistance; Gross Domestic Product Implicit Price Deflator (C) the status of economic policy reforms average for Fiscal Years 2009 through 2013 is including but not limited to progress toward greater than United States Gross Domestic establishing self-sufficient tax rates; Product Implicit Price Deflator average for Fis- (D) the status of the efforts to increase in- cal Years 2004 through 2008 (as reported in the vestment including: the rate of infrastruc- Survey of Current Business or subsequent publi- ture investment of U.S. financial assistance cation and compiled by the Department of the under the U.S.-FSM Compact and the U.S.- Interior), then section 217 of the U.S.-FSM Com- RMI Compact; non-U.S. contributions to the pact, paragraph 5 of Article II of the U.S.-FSM trust funds, and the level of private invest- Fiscal Procedures Agreement, section 218 of the ment; and U.S.-RMI Compact, and paragraph 5 of Article II (E) recommendations on ways to increase of the U.S.-RMI Fiscal Procedures Agreement the effectiveness of United States assistance shall be construed as if ‘‘the full’’ appeared in and to meet overall economic performance place of ‘‘two-thirds of the’’ each place those objectives, including, if appropriate, recom- words appear. If an inflation adjustment is made mendations to Congress to adjust the infla- under this subsection, the base year for cal- tion rate or to adjust the contributions to culating the inflation adjustment shall be fiscal the Trust Funds based on non-U.S. contribu- year 2014. tions. (k) Participation by secondary schools in the (2) Review Armed Services Vocational Aptitude Battery During the year of the fifth, tenth, and fif- (ASVAB) Student Testing Program teenth anniversaries of December 17, 2003, the In furtherance of the provisions of Title Three, Government of the United States shall review Article IV, Section 341 of the U.S.-FSM and the the terms of the respective Compacts and con- U.S.-RMI Compacts, the purpose of which is to sider the overall nature and development of establish the privilege to volunteer for service the U.S.-FSM and U.S.-RMI relationships in- in the U.S. Armed Forces, it is the sense of Con- cluding the topics set forth in subparagraphs gress that, to facilitate eligibility of FSM and (A) through (E) of paragraph (1). In conducting RMI secondary school students to qualify for the reviews, the Government of the United such service, the Department of Defense may ex- States shall consider the operating require- tend the Armed Services Vocational Aptitude ments of the Government of the Federated Battery (ASVAB) Student Testing Program States of Micronesia and the Government of (STP) and the ASVAB Career Exploration Pro- the Republic of the Marshall Islands and their gram to selected secondary Schools in the FSM progress in meeting the development objec- and the RMI to the extent such programs are tives set forth in their respective development available to Department of Defense Dependent plans. The President shall include in the an- Schools located in foreign jurisdictions. nual reports to Congress for the years follow- (Pub. L. 108–188, title I, § 104, Dec. 17, 2003, 117 ing the reviews the comments of the Govern- Stat. 2737; Pub. L. 110–229, title VIII, § 806(a)(2), ment of the Federated States of Micronesia May 8, 2008, 122 Stat. 871; Pub. L. 111–68, div. A, and the Government of the Republic of the title I, § 1501(c), Oct. 1, 2009, 123 Stat. 2041.) Marshall Islands on the topics described in this paragraph, the President’s response to the REFERENCES IN TEXT comments, the findings resulting from the re- The Immigration and Nationality Act, referred to in views, and any recommendations for actions subsec. (b)(3), is act June 27, 1952, ch. 477, 66 Stat. 163, to respond to such findings. as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For (i) Construction of section 141(f) complete classification of this Act to the Code, see Section 141(f)(2) of the Compact of Free Asso- Short Title note set out under section 1101 of Title 8 ciation, as amended, between the Government of and Tables. The enactment by the United States Congress of the the United States of America and the Govern- Compact of Free Association Amendments Act of 2003, ment of the Federated States of Micronesia and referred to in subsec. (b)(4), is the enactment of Pub. L. of the Compact of Free Association, as amended, 108–188, which was approved Dec. 17, 2003. between the Government of the United States of The Palau Compact, referred to in subsec. (e)(2)(B), America and the Government of the Republic of probably means the Compact of Free Association be- the Marshall Islands, shall be construed as tween the United States and the Government of Palau, though, after ‘‘may by regulations prescribe’’, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. there were included the following: ‘‘, except The Compact of Free Association, approved by Public that any such regulations that would have a sig- Law 99–239, referred to in subsec. (e)(6), is the Compact nificant effect on the admission, stay and em- of Free Association between the Governments of the ployment privileges provided under this section Marshall Islands and the Federated States of Microne- shall not become effective until 90 days after the sia, which is contained in section 201 of Pub. L. 99–239, date of transmission of the regulations to the as amended, set out as a note under section 1901 of this Committee on Energy and Natural Resources title. and the Committee on the Judiciary of the Sen- This resolution, referred to in subsec. (e)(6), and this Act, referred to in subsec. (e)(9)(B)(iii), are references ate and the Committee on Resources, the Com- to Pub. L. 108–188, Dec. 17, 2003, 117 Stat. 2720, known as mittee on International Relations, and the Com- the Compact of Free Association Amendments Act of mittee on the Judiciary of the House of Rep- 2003, which enacted this part and provisions set out as resentatives’’. notes under sections 1901 and 1921 of this title and § 1921d TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 282 amended provisions set out as a note under section 3101 to such programs when operating in the United of Title 5, Government Organization and Employees. States (including its territories and common- For complete classification of this Act to the Code, see wealths). Short Title of 2003 Amendment note set out under sec- tion 1901 of this title and Tables. (b) Relations with the Federated States of Micro- The Compact of Free Association, as amended, be- nesia and the Republic of the Marshall Is- tween the Government of the United States of America lands and the Government of the Federated States of Micro- (1) Appropriations made pursuant to Article I nesia, referred to in subsecs. (g) and (i), is contained in section 201(a) of Pub. L. 108–188, set out as a note under of Title Two and subsection (a)(2) of section 221 section 1921 of this title. of article II of Title Two of the U.S.-FSM Com- The Compact of Free Association, as amended, be- pact and the U.S.-RMI Compact shall be made to tween the Government of the United States of America the Secretary of the Interior, who shall have the and the Government of the Republic of the Marshall Is- authority necessary to fulfill his responsibilities lands, referred to in subsecs. (g) and (i), is contained in for monitoring and managing the funds so ap- section 201(b) of Pub. L. 108–188, set out as a note under propriated consistent with the U.S.-FSM Com- section 1921 of this title. pact and the U.S.-RMI Compact, including the The enactment of this resolution, referred to in sub- sec. (h)(1), is the enactment of Pub. L. 108–188, which agreements referred to in section 462(b)(4) of the was approved Dec. 17, 2003. U.S.-FSM Compact and U.S.-RMI Compact (re- lating to Fiscal Procedures) and the agreements AMENDMENTS referred to in section 462(b)(5) of the U.S.-FSM 2009—Subsec. (h)(3). Pub. L. 111–68 struck out par. (3). Compact and the U.S.-RMI Compact (regarding Text read as follows: ‘‘Not later than the date that is the Trust Funds). three years after December 17, 2003, and every 5 years (2) Appropriations made pursuant to sub- thereafter, the Comptroller General of the United sections (a)(1) and (a)(3) through (6) of section States shall submit to Congress a report on the Fed- 221 of Article II of Title Two of the U.S.-FSM erated States of Micronesia and the Republic of the Marshall Islands including the topics set forth in para- Compact and subsection (a)(1) and (a)(3) through graphs (1) (A) through (E) above, and on the effective- (5) of the U.S.-RMI Compact shall be made di- ness of administrative oversight by the United States.’’ rectly to the agencies named in those sub- 2008—Subsec. (b)(1). Pub. L. 110–229, § 806(a)(2)(A), in- sections. serted ‘‘the’’ before ‘‘U.S.-RMI Compact,’’. (3) Appropriations for services and programs Subsec. (e)(8). Pub. L. 110–229, § 806(a)(2)(B)(i), sub- referred to in subsection (b) of section 221 of Ar- stituted ‘‘and include’’ for ‘‘to include’’ in introductory ticle II of Title Two of the U.S.-FSM Compact or provisions. U.S.-RMI Compact and appropriations for serv- Subsec. (e)(9)(A). Pub. L. 110–229, § 806(a)(2)(B)(ii), in- serted a comma after ‘‘impact expenses, may’’. ices and programs referred to in subsection (f) Subsec. (e)(10). Pub. L. 110–229, § 806(a)(2)(B)(iii), sub- and section 1921g(a) of this title shall be made to stituted ‘‘related to such services’’ for ‘‘related to serv- the relevant agencies in accordance with the ice’’. terms of the appropriations for such services Subsec. (j). Pub. L. 110–229, § 806(a)(2)(C), inserted and programs. ‘‘the’’ before ‘‘Interior),’’. (4) Federal agencies providing programs and CHANGE OF NAME services to the Federated States of Micronesia and the Republic of the Marshall Islands shall Committee on Resources of House of Representatives changed to Committee on Natural Resources of House coordinate with the Secretaries of the Interior of Representatives and Committee on International Re- and State regarding provision of such programs lations of House of Representatives changed to Com- and services. The Secretaries of the Interior and mittee on Foreign Affairs of House of Representatives State shall consult with appropriate officials of by House Resolution No. 6, One Hundred Tenth Con- the Asian Development Bank and with the Sec- gress, Jan. 5, 2007. retary of the Treasury regarding overall eco- ASSIGNMENT OF REPORTING FUNCTIONS nomic conditions in the Federated States of Mi- cronesia and the Republic of the Marshall Is- Memorandum of President of the United States, July lands and regarding the activities of other do- 21, 2005, 70 F.R. 43249, provided: Memorandum for the Secretary of the Interior nors of assistance to the Federated States of Mi- By virtue of the authority vested in me by the Con- cronesia and the Republic of the Marshall Is- stitution and the laws of the United States, including lands. section 301 of title 3, United States Code, I hereby as- (5) United States Government employees in ei- sign to you the functions of the President under section ther the Federated States of Micronesia or the 104(h) of the Compact of Free Association Amendments Republic of the Marshall Islands are subject to Act of 2003 (Public Law 108–188) [48 U.S.C. 1921c(h)]. the authority of the United States Chief of Mis- You are authorized and directed to publish this sion, including as elaborated in section 3927 of memorandum in the Federal Register. title 22 and the President’s Letter of Instruction GEORGE W. BUSH. to the United States Chief of Mission and any § 1921d. Supplemental provisions order or directive of the President in effect from time to time. (a) Domestic program requirements (6) INTERAGENCY GROUP ON FREELY ASSOCIATED Except as may otherwise be provided in this STATES’ AFFAIRS.— joint resolution, all United States Federal pro- (A) IN GENERAL.—The President is hereby au- grams and services extended to or operated in thorized to appoint an Interagency Group on the Federated States of Micronesia or the Re- Freely Associated States’ Affairs to provide public of the Marshall Islands are and shall re- policy guidance and recommendations on im- main subject to all applicable criteria, stand- plementation of the U.S.-FSM Compact and ards, reporting requirements, auditing proce- the U.S.-RMI Compact to Federal departments dures, and other rules and regulations applicable and agencies. Page 283 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921d

(B) SECRETARIES.—It is the sense of Congress effective oversight of United States assistance, that the Secretary of State and the Secretary and effective coordination of assistance among of the Interior shall be represented on the United States agencies and with other inter- Interagency Group. national donors such as the Asian Development (7) UNITED STATES APPOINTEES TO JOINT COM- Bank. MITTEES.— (9) The United States voting members (United (A) JOINT ECONOMIC MANAGEMENT COMMIT- States chair plus two or more members) of the TEE.— Trust Fund Committee appointed by the Gov- (i) IN GENERAL.—The three United States ernment of the United States pursuant to Arti- appointees (United States chair plus two cle 7 of the Trust Fund Agreement implement- members) to the Joint Economic Manage- ing section 215 of the U.S.-FSM Compact and re- ment Committee provided for in section 213 ferred to in section 462(b)(5) of the U.S.-FSM of the U.S.-FSM Compact and Article III of Compact and any alternates designated by the the U.S.-FSM Fiscal Procedures Agreement Government of the United States shall be referred to in section 462(b)(4) of the U.S.- United States Government officers or employ- FSM Compact shall be United States Gov- ees. The United States voting members (United ernment officers or employees. States chair plus two or more members) of the (ii) DEPARTMENTS.—It is the sense of Con- Trust Fund Committee appointed by the Gov- gress that 2 of the 3 appointees should be ernment of the United States pursuant to Arti- designated from the Department of State cle 7 of the Trust Fund Agreement implement- and the Department of the Interior, and that ing section 216 of the U.S.-RMI Compact and re- U.S. officials of the Asian Development ferred to in section 462(b)(5) of the U.S.-RMI Bank shall be consulted in order to properly Compact and any alternates designated by the coordinate U.S. and Asian Development Government of the United States shall be Bank financial, program, and technical as- United States Government officers or employ- sistance. ees. It is the sense of Congress that the ap- (iii) ADDITIONAL SCOPE.—Section 213 of the pointees should be designated from the Depart- U.S.-FSM Compact shall be construed to ment of State, the Department of the Interior, read as though the phrase, ‘‘the implementa- and the Department of the Treasury. tion of economic policy reforms to encour- (10) The Trust Fund Committee provided for in age investment and to achieve self-sufficient Article 7 of the U.S.-FSM Trust Fund Agree- tax rates,’’ were inserted after ‘‘with par- ment implementing section 215 of the U.S.-FSM ticular focus on those parts of the plan deal- Compact shall be a nonprofit corporation incor- ing with the sectors identified in subsection porated under the laws of the District of Colum- (a) of section 211’’. bia. To the extent that any law, rule, regulation or ordinance of the District of Columbia, or of (B) JOINT ECONOMIC MANAGEMENT AND FINAN- any State or political subdivision thereof in CIAL ACCOUNTABILITY COMMITTEE.— (i) IN GENERAL.—The three United States which the Trust Fund Committee is incor- appointees (United States chair plus two porated or doing business, impedes or otherwise members) to the Joint Economic Manage- interferes with the performance of the functions ment and Financial Accountability Commit- of the Trust Fund Committee pursuant to this tee provided for in section 214 of the U.S.- joint resolution, such law, rule, regulation, or RMI Compact and Article III of the U.S.- ordinance shall be deemed to be preempted by RMI Fiscal Procedures Agreement referred this joint resolution. The Trust Fund Commit- to in section 462(b)(4) of the U.S.-RMI Com- tee provided for in Article 7 of the U.S.-RMI pact shall be United States Government offi- Trust Fund Agreement implementing section 216 cers or employees. of the U.S.-RMI Compact shall be a non-profit (ii) DEPARTMENTS.—It is the sense of Con- corporation incorporated under the laws of the gress that 2 of the 3 appointees should be District of Columbia. To the extent that any designated from the Department of State law, rule, regulation or ordinance of the District and the Department of the Interior, and that of Columbia, or of any State or political subdivi- U.S. officials of the Asian Development sion thereof in which the Trust Fund Committee Bank shall be consulted in order to properly is incorporated or doing business, impedes or coordinate U.S. and Asian Development otherwise interferes with the performance of the Bank financial, program, and technical as- functions of the Trust Fund Committee pursu- sistance. ant to this joint resolution, such law, rule, regu- (iii) ADDITIONAL SCOPE.—Section 214 of the lation, or ordinance shall be deemed to be pre- U.S.-RMI Compact shall be construed to empted by this joint resolution. read as though the phrase, ‘‘the implementa- (c) Continuing Trust Territory authorization tion of economic policy reforms to encour- The authorization provided by the Act of June age investment and to achieve self-sufficient 30, 1954, as amended (68 Stat. 330) shall remain tax rates,’’ were inserted after ‘‘with par- available after the effective date of the Compact ticular focus on those parts of the frame- with respect to the Federated States of Microne- work dealing with the sectors and areas sia and the Republic of the Marshall Islands for identified in subsection (a) of section 211’’. the following purposes: (8) OVERSIGHT AND COORDINATION.—It is the (1) Prior to October 1, 1986, for any purpose sense of Congress that the Secretary of State authorized by the Compact or the joint resolu- and the Secretary of the Interior shall ensure tion of January 14, 1986 (Public Law 99–239). that there are personnel resources committed in (2) Transition purposes, including but not the appropriate numbers and locations to ensure limited to, completion of projects and fulfill- § 1921d TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 284

ment of commitments or obligations; termi- provided that all activities carried out by nation of the Trust Territory Government and the United States Agency for Inter- termination of the High Court; health and edu- national Development and the Federal cation as a result of exceptional circum- Emergency Management Agency under Ar- stances; ex gratia contributions for the popu- ticle X of the Federal Programs and Serv- lations of Bikini, Enewetak, Rongelap, and ices Agreements may be carried out not- Utrik; and technical assistance and training in withstanding any other provision of law. financial management, program administra- In the sections referred to in this clause, tion, and maintenance of infrastructure. the term ‘‘United States Agency for Inter- (d) Survivability national Development, Office of Foreign Disaster Assistance’’ shall be construed to In furtherance of the provisions of Title Four, mean ‘‘the United States Agency for Inter- Article V, sections 452 and 453 of the U.S.-FSM national Development’’. Compact and the U.S.-RMI Compact, any provi- sions of the U.S.-FSM Compact or the U.S.-RMI (ii) Definition of will provide funding Compact which remain effective after the termi- In the second sentence of paragraph 12 of nation of the U.S.-FSM Compact or U.S.-RMI each of the Agreements described in clause Compact by the act of any party thereto and (i), the term ‘‘will provide funding’’ means which are affected in any manner by provisions will provide funding through a transfer of of this part shall remain subject to such provi- funds using Standard Form 1151 or a simi- sions. lar document or through an interagency, (e) Noncompliance sanctions; actions incompat- reimbursable agreement. ible with United States authority (B) Treatment of additional programs Congress expresses its understanding that the (i) Consultation Governments of the Federated States of Micro- The United States appointees to the nesia and the Republic of the Marshall Islands committees established pursuant to sec- will not act in a manner incompatible with the tion 213 of the U.S.-FSM Compact and sec- authority and responsibility of the United tion 214 of the U.S.-RMI Compact shall States for security and defense matters in or re- consult with the Secretary of Education lated to the Federated States of Micronesia or regarding the objectives, use, and monitor- the Republic of the Marshall Islands pursuant to ing of United States financial, program, the U.S.-FSM Compact or the U.S.-RMI Com- and technical assistance made available pact, including the agreements referred to in for educational purposes. sections 462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI Compact. Congress fur- (ii) Continuing programs ther expresses its intention that any such act on The Government of the United States— the part of either such Government will be (I) shall continue to make available to viewed by the United States as a material the Federated States of Micronesia and breach of the U.S.-FSM Compact or U.S.-RMI the Republic of the Marshall Islands for Compact. The Government of the United States fiscal years 2004 through 2023, the serv- reserves the right in the event of such a mate- ices to individuals eligible for such serv- rial breach of the U.S.-FSM Compact by the ices under the Individuals with Disabil- Government of the Federated States of Microne- ities Education Act (20 U.S.C. 1400 et sia or the U.S.-RMI Compact by the Government seq.) to the extent that such services of the Republic of the Marshall Islands to take continue to be available to individuals in action, including (but not limited to) the sus- the United States; and pension in whole or in part of the obligations of (II) shall continue to make available to the Government of the United States to that eligible institutions in the Federated Government. States of Micronesia and the Republic of (f) Continuing programs and laws the Marshall Islands, and to students en- rolled in such institutions, and in insti- (1) Federated States of Micronesia and Repub- tutions in the United States, its terri- lic of the Marshall Islands tories, and the Republic of Palau, for fis- In addition to the programs and services set cal years 2004 through 2023, grants under forth in section 221 of the Compact, and pursu- subpart 1 of part A of title IV of the ant to section 222 of the Compact, the pro- Higher Education Act of 1965 (20 U.S.C. grams and services of the following agencies 1070a et seq.) to the extent that such shall be made available to the Federated grants continue to be available to insti- States of Micronesia and to the Republic of tutions and students in the United the Marshall Islands: States. (A) Emergency and disaster assistance (iii) Supplemental education grants (i) In general In lieu of eligibility for appropriations Subject to clause (ii), section 221(a)(6) of under part A of title I of the Elementary the U.S.–FSM Compact and section and Secondary Education Act of 1965 (20 221(a)(5) of the U.S.–RMI Compact shall U.S.C. 6311 et seq.), title I of the Workforce each be construed and applied in accord- Investment Act of 1998 (29 U.S.C. 2801 et ance with the two Agreements to Amend seq.), other than subtitle C of that Act (29 Article X of the Federal Programs and U.S.C. 2881 et seq.) (Job Corps), title II of Service Agreements signed on June 30, the Workforce Investment Act of 1998 (20 2004, and on June 18, 2004, respectively, U.S.C. 9201 et seq.; commonly known as Page 285 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921d

the Adult Education and Family Literacy sia and the Republic of the Marshall Is- Act), title I of the Carl D. Perkins Career lands shall not receive any grant under and Technical Education Act of 2006 (20 any formula-grant program administered U.S.C. 2321 et seq.), the Head Start Act (42 by the Secretary of Education or the Sec- U.S.C. 9831 et seq.), and subpart 3 of part A, retary of Labor, nor any grant provided and part C, of title IV of the Higher Edu- through the Head Start Act (42 U.S.C. 9831 cation Act of 1965 (20 U.S.C. 1070b et seq., et seq.) administered by the Secretary of 42 U.S.C. 2751 et seq.), there are authorized Health and Human Services. to be appropriated to the Secretary of (vi) Transition Education to supplement the education For fiscal year 2004, the Governments of grants under section 211(a)(1) of the U.S.- the Federated States of Micronesia and FSM Compact and section 211(a)(1) of the the Republic of the Marshall Islands shall U.S.-RMI Compact, respectively, the fol- continue to be eligible for appropriations lowing amounts: and to receive grants under the provisions (I) $12,230,000 for the Federated States of law specified in clauses (ii) and (iii). of Micronesia for fiscal year 2005 and an equivalent amount, as adjusted for infla- (vii) Technical assistance tion under section 217 of the U.S.-FSM The Federated States of Micronesia and Compact, for each of fiscal years 2005 the Republic of the Marshall Islands may through 2023; and request technical assistance from the Sec- (II) $6,100,000 for the Republic of the retary of Education, the Secretary of Marshall Islands for fiscal year 2005 and Health and Human Services, or the Sec- an equivalent amount, as adjusted for in- retary of Labor the terms of which, includ- flation under section 218 of the U.S.-RMI ing reimbursement, shall be negotiated Compact, for each of fiscal years 2005 with the participation of the appropriate through 2023, cabinet officer for inclusion in the Federal except that citizens of the Federated Programs and Services Agreement. States of Micronesia and the Republic of (viii) Continued eligibility for competitive the Marshall Islands who attend an insti- grants tution of higher education in the United The Governments of the Federated States or its territories, the Federated States of Micronesia and the Republic of States of Micronesia, the Republic of the the Marshall Islands shall continue to be Marshall Islands, or the Republic of Palau eligible for competitive grants adminis- on December 17, 2003, may continue to re- tered by the Secretary of Education, the ceive assistance under such subpart 3 of Secretary of Health and Human Services, part A or part C, for not more than 4 aca- and the Secretary of Labor to the extent demic years after such date to enable such that such grants continue to be available citizens to complete their program of to State and local governments in the study. United States. (iv) Fiscal procedures (ix) Applicability Appropriations made pursuant to clause The government, institutions, and people (iii) shall be used and monitored in accord- of Palau shall remain eligible for appro- ance with an agreement between the Sec- priations and to receive grants under the retary of Education, the Secretary of provisions of law specified in clauses (ii) Labor, the Secretary of Health and Human and (iii) until the end of fiscal year 2009,1 Services, and the Secretary of the Interior, to the extent the government, institu- and in accordance with the respective Fis- tions, and people of Palau were so eligible cal Procedures Agreements referred to in under such provisions in fiscal year 2003. section 462(b)(4) of the U.S.-FSM Compact and section 462(b)(4) of the U.S.-RMI Com- (C) The Legal Services Corporation, which pact. The agreement between the Sec- shall also continue to be available to the retary of Education, the Secretary of citizens of the Federated States of Microne- Labor, the Secretary of Health and Human sia, the Republic of Palau, and the Republic Services, and the Secretary of the Interior of the Marshall Islands who legally reside in shall provide for the transfer, not later the United States (including territories and than 60 days after the appropriations made possessions). pursuant to clause (iii) become available (D) The Public Health Service. to the Secretary of Education, the Sec- (E) The Rural Housing Service (formerly, retary of Labor, and the Secretary of the Farmers Home Administration) in the Health and Human Services, from the Sec- Marshall Islands and each of the four States retary of Education, the Secretary of of the Federated States of Micronesia: Pro- Labor, and the Secretary of Health and vided, That in lieu of continuation of the Human Services, to the Secretary of the program in the Federated States of Microne- Interior for disbursement. sia, the President may agree to transfer to the Government of the Federated States of (v) Formula education grants Micronesia without cost, the portfolio of the For fiscal years 2005 through 2023, except Rural Housing Service applicable to the Fed- as provided in clause (ii) and the exception provided under clause (iii), the Govern- 1 See Continued Applicability of Subsection (f)(1)(B)(ix) notes ments of the Federated States of Microne- below. § 1921d TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 286

erated States of Micronesia and provide such the Fiscal Procedure Agreement, as appro- technical assistance in management of the priate. portfolio as may be requested by the Fed- (2) Authorization and continuing appropria- erated States of Micronesia. tion (2) Tort claims There is hereby authorized and appropriated The provisions of section 178 of the U.S.- to the Secretary of the Interior, out of any FSM Compact and the U.S.-RMI Compact re- funds in the Treasury not otherwise appro- garding settlement and payment of tort priated, to remain available until expended, claims shall apply to employees of any Federal for each fiscal year from 2004 through 2023, agency of the Government of the United $300,000, as adjusted for inflation under section States (and to any other person employed on 218 of the U.S.-FSM Compact and the U.S.-RMI behalf of any Federal agency of the Govern- Compact, to carry out the purposes of this sec- ment of the United States on the basis of a tion. contractual, cooperative, or similar agree- (j) Technical assistance ment) which provides any service or carries Technical assistance may be provided pursu- out any other function pursuant to or in fur- ant to section 224 of the U.S.-FSM Compact or therance of any provisions of the U.S.-FSM the U.S.-RMI Compact by Federal agencies and Compact or the U.S.-RMI Compact or this institutions of the Government of the United joint resolution, except for provisions of Title States to the extent such assistance may be pro- Three of the Compact and of the subsidiary vided to States, territories, or units of local gov- agreements related to such Title, in such area ernment. Such assistance by the Forest Service, to which such Agreement formerly applied. the Natural Resources Conservation Service, the (3) PCB cleanup Fish and Wildlife Service, the National Marine The programs and services of the Environ- Fisheries Service, the United States Coast mental Protection Agency regarding PCBs Guard, and the Advisory Council on Historic shall, to the extent applicable, as appropriate, Preservation, the Department of the Interior, and in accordance with applicable law, be con- and other agencies providing assistance under strued to be made available to such islands for division A of subtitle III of title 54, shall be on the cleanup of PCBs imported prior to 1987. a nonreimbursable basis. During the period the The Secretary of the Interior and the Sec- U.S.-FSM Compact and the U.S.-RMI Compact retary of Defense shall cooperate and assist in are in effect, the grant programs under the Na- any such cleanup activities. tional Historic Preservation Act shall continue to apply to the Federated States of Micronesia (g) College of Micronesia and the Republic of the Marshall Islands in the Until otherwise provided by Act of Congress, same manner and to the same extent as prior to or until termination of the U.S.-FSM Compact the approval of the Compact. Any funds pro- and the U.S.-RMI Compact, the College of Mi- vided pursuant to subsections (c) and (g) to (m) cronesia shall retain its status as a land-grant and sections 1921a(a) and 1921b(a), (b), (f) to (h), institution and its eligibility for all benefits and and (j) of this title shall be in addition to and programs available to such land-grant institu- not charged against any amounts to be paid to tions. either the Federated States of Micronesia or the (h) Trust Territory debts to U.S. Federal agen- Republic of the Marshall Islands pursuant to the cies U.S.-FSM Compact, the U.S.-RMI Compact, or their related subsidiary agreements. Neither the Government of the Federated States of Micronesia nor the Government of the (k) Prior service benefits program Marshall Islands shall be required to pay to any Notwithstanding any other provision of law, department, agency, independent agency, office, persons who on January 1, 1985, were eligible to or instrumentality of the United States any receive payment under the Prior Service Bene- amounts owed to such department, agency, inde- fits Program established within the Social Secu- pendent agency, office, or instrumentality by rity System of the Trust Territory of the Pacific the Government of the Trust Territory of the Islands because of their services performed for Pacific Islands as of the effective date of the the United States Navy or the Government of Compact. There is authorized to be appropriated the Trust Territory of the Pacific Islands prior such sums as may be necessary to carry out the to July 1, 1968, shall continue to receive such purposes of this subsection. payments on and after the effective date of the (i) Judicial training Compact. (l) Indefinite land use payments (1) In general There are authorized to be appropriated such In addition to amounts provided under sec- sums as may be necessary to complete repay- tion 211(a)(4) of the U.S.-FSM Compact and the ment by the United States of any debts owed for U.S.-RMI Compact, the Secretary of the Inte- the use of various lands in the Federated States rior shall annually provide $300,000 for the of Micronesia and the Marshall Islands prior to training of judges and officials of the judiciary January 1, 1985. in the Federated States of Micronesia and the Republic of the Marshall Islands in coopera- (m) Communicable disease control program tion with the Pacific Islands Committee of the There are authorized to be appropriated for Ninth Circuit Judicial Council and in accord- grants to the Government of the Federated ance with and to the extent provided in the States of Micronesia, the Government of the Re- Federal Programs and Services Agreement and public of the Marshall Islands, and the govern- Page 287 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921d ments of the affected jurisdictions, such sums as (3) Obligations may be necessary for purposes of establishing or For the purpose of expediting the com- continuing programs for the control and preven- mencement of operations of a trust fund under tion of communicable diseases, including (but either Trust Fund Agreement, the trust fund not limited to) cholera, tuberculosis, and Han- may, but shall not be obligated to, assume any sen’s Disease. The Secretary of the Interior obligations of an existing legal entity and shall assist the Government of the Federated take assignment of any contract or other States of Micronesia, the Government of the Re- agreement to which the existing legal entity public of the Marshall Islands and the govern- is party. ments of the affected jurisdictions in designing (4) Assistance and implementing such a program. Without limiting the authority that the (n) User fees United States Government may otherwise Any person in the Federated States of Micro- have under applicable law, the United States nesia or the Republic of the Marshall Islands Government may, but shall not be obligated shall be liable for user fees, if any, for services to, provide financial, technical, or other as- provided in the Federated States of Micronesia sistance directly or indirectly to the Govern- or the Republic of the Marshall Islands by the ment of the Federated States of Micronesia or Government of the United States to the same the Government of the Republic of the Mar- extent as any person in the United States would shall Islands for the purpose of establishing be liable for fees, if any, for such services in the and operating a trust fund or other legal en- United States. tity that will solicit bids from, and enter into contracts with, parties willing to serve in such (o) Treatment of judgments of courts of the Fed- capacities as trustee, depositary, money man- erated States of Micronesia, the Republic of ager, or investment advisor, with the inten- the Marshall Islands, and the Republic of tion that the contracts will ultimately be as- Palau sumed by and assigned to a trust fund estab- No judgment, whenever issued, of a court of lished pursuant to a Trust Fund Agreement. the Federated States of Micronesia, the Repub- lic of the Marshall Islands, or the Republic of (Pub. L. 108–188, title I, § 105, Dec. 17, 2003, 117 Palau, against the United States, its depart- Stat. 2744; Pub. L. 109–270, § 2(l), Aug. 12, 2006, 120 ments and agencies, or officials of the United Stat. 749; Pub. L. 110–161, div. F, title I, § 124, States or any other individuals acting on behalf Dec. 26, 2007, 121 Stat. 2121; Pub. L. 110–229, title of the United States within the scope of their of- VIII, §§ 803(a), 804, 805, 806(a)(3), May 8, 2008, 122 ficial duty, shall be honored by the United Stat. 870, 871; Pub. L. 113–128, title V, § 512(g)(1), States, or be subject to recognition or enforce- July 22, 2014, 128 Stat. 1708; Pub. L. 113–287, ment in a court in the United States, unless the § 5(o)(2), Dec. 19, 2014, 128 Stat. 3272.) judgment is consistent with the interpretation AMENDMENT OF SUBSECTION (f)(1)(B)(iii) by the United States of international agree- Pub. L. 113–128, title V, §§ 506, 512(g)(1), July ments relevant to the judgment. In determining 22, 2014, 128 Stat. 1703, 1708, provided that, ef- the consistency of a judgment with an inter- fective on the first day of the first full program national agreement, due regard shall be given to year after July 22, 2014 [probably July 1, 2015], assurances made by the Executive Branch to subsection (f)(1)(B)(iii) of this section is amend- Congress of the United States regarding the ed by striking ‘‘title I of the Workforce Invest- proper interpretation of the international agree- ment Act of 1998 (29 U.S.C. 2801 et seq.), other ment. than subtitle C of that Act (29 U.S.C. 2881 et (p) Establishment of trust funds; expedition of seq.) (Job Corps), title II of the Workforce In- process vestment Act of 1998 (20 U.S.C. 9201 et seq.; com- monly known as the Adult Education and Fam- (1) In general ily Literacy Act),’’ and inserting ‘‘titles I (other The Trust Fund Agreement executed pursu- than subtitle C) and II of the Workforce Inno- ant to the U.S.-FSM Compact and the Trust vation and Opportunity Act,’’. See 2014 Amend- Fund Agreement executed pursuant to the ment note below. U.S.-RMI Compact each provides for the estab- REFERENCES IN TEXT lishment of a trust fund. This joint resolution, referred to in subsecs. (a), (2) Method of establishment (b)(10), and (f)(2), is Pub. L. 108–188, Dec. 17, 2003, 117 The trust fund may be established by— Stat. 2720, known as the Compact of Free Association (A) creating a new legal entity to con- Amendments Act of 2003, which enacted this part and provisions set out as notes under sections 1901 and 1921 stitute the trust fund; or of this title and amended provisions set out as a note (B) assuming control of an existing legal under section 3101 of Title 5, Government Organization entity including, without limitation, a trust and Employees. For complete classification of this Act fund or other legal entity that was estab- to the Code, see Short Title of 2003 Amendment note lished by or at the direction of the Govern- set out under section 1901 of this title and Tables. ment of the United States, the Government Section 3927 of title 22, referred to in subsec. (b)(5), of the Federated States of Micronesia, the was in the original ‘‘section 207 of the Foreign Service Government of the Republic of the Marshall Act’’, and was translated as meaning section 207 of the Foreign Service Act of 1980 to reflect the probable in- Islands, or otherwise for the purpose of fa- tent of Congress. cilitating or expediting the establishment of Act of June 30, 1954, referred to in subsec. (c), is act the trust fund pursuant to the applicable June 30, 1954, ch. 423, 68 Stat. 330, as amended, which Trust Fund Agreement. enacted sections 1681 and 1681b of this title and provi- § 1921e TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 288 sions set out as notes under section 1681 of this title. 2008—Subsec. (b)(1). Pub. L. 110–229, § 806(a)(3), sub- For complete classification of this Act to the Code, see stituted ‘‘Trust Funds)’’ for ‘‘Trust Fund)’’. Tables. Subsec. (f)(1)(A). Pub. L. 110–229, § 803(a), amended The joint resolution of January 14, 1986 (Public Law subpar. (A) generally. Prior to amendment, subpar. (A) 99–239), referred to in subsec. (c)(1), is Pub. L. 99–239, related to the continuing availability of programs and Jan. 14, 1986, 99 Stat. 1770, as amended, known as the services of the Department of Homeland Security, Fed- Compact of Free Association Act of 1985, which is clas- eral Emergency Management Agency. sified principally to part A of this subchapter and chap- Subsec. (f)(1)(B)(ii)(II). Pub. L. 110–229, § 804(1), sub- ter 19 (§ 2001 et seq.) of this title. For complete classi- stituted ‘‘, its territories, and the Republic of Palau’’ fication of this Act to the Code, see Short Title note for ‘‘and its territories’’. set out under section 1901 of this title and Tables. Subsec. (f)(1)(B)(iii). Pub. L. 110–229, § 804(2), which di- The Individuals with Disabilities Education Act, re- rected the substitution of ‘‘, the Republic of the Mar- ferred to in subsec. (f)(1)(B)(ii)(I), is title VI of Pub. L. shall Islands, or the Republic of Palau’’ for ‘‘, or the 91–230, Apr. 13, 1970, 84 Stat. 175, as amended, which is Republic of the Marshall Islands’’, in subcl. (II) of cl. classified generally to chapter 33 (§ 1400 et seq.) of Title (iii), was executed by making the substitution in the 20, Education. For complete classification of this Act concluding provisions of cl. (iii), to reflect the probable to the Code, see section 1400 of Title 20 and Tables. intent of Congress. The Higher Education Act of 1965, referred to in sub- Subsec. (f)(1)(B)(ix). Pub. L. 110–229, § 804(3), which di- sec. (f)(1)(B)(ii)(II), (iii), is Pub. L. 89–329, Nov. 8, 1965, rected substitution of ‘‘government, institutions, and 79 Stat. 1219, as amended. Subpart 1 of part A of title people’’ for ‘‘Republic’’ in two places and substitution IV of the Act is classified generally to subpart 1 (§ 1070a of ‘‘2009’’ for ‘‘2007’’ and ‘‘were’’ for ‘‘was’’, could not be et seq.) of part A of subchapter IV of chapter 28 of Title executed because of the prior identical amendments by 20, Education. Subpart 3 of part A of title IV of the Act Pub. L. 110–161. See 2007 Amendment note below. is classified generally to subpart 3 (§ 1070b et seq.) of part A of subchapter IV of chapter 28 of Title 20. Part Subsec. (f)(1)(C). Pub. L. 110–229, § 805, inserted before C of title IV of the Act is classified generally to part period at end ‘‘, which shall also continue to be avail- C (§ 2751 et seq.) of subchapter I of chapter 34 of Title able to the citizens of the Federated States of Microne- 42, The Public Health and Welfare. For complete classi- sia, the Republic of Palau, and the Republic of the Mar- fication of this Act to the Code, see Short Title note shall Islands who legally reside in the United States set out under section 1001 of Title 20 and Tables. (including territories and possessions)’’. The Elementary and Secondary Education Act of 2007—Subsec. (f)(1)(B)(ix). Pub. L. 110–161 substituted 1965, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 89–10, ‘‘government, institutions, and people’’ for ‘‘Republic’’ Apr. 11, 1965, 79 Stat. 27, as amended. Part A of title I in two places, ‘‘2009’’ for ‘‘2007’’, and ‘‘were’’ for ‘‘was’’. of the Act is classified generally to part A (§ 6311 et 2006—Subsec. (f)(1)(B)(iii). Pub. L. 109–270 substituted seq.) of subchapter I of chapter 70 of Title 20, Edu- ‘‘Carl D. Perkins Career and Technical Education Act cation. For complete classification of this Act to the of 2006’’ for ‘‘Carl D. Perkins Vocational and Technical Code, see Short Title note set out under section 6301 of Education Act of 1998’’. Title 20 and Tables. EFFECTIVE DATE OF 2014 AMENDMENT The Workforce Investment Act of 1998, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 105–220, Aug. 7, 1998, 112 Amendment by Pub. L. 113–128 effective on the first Stat. 936, as amended. Title I of the Act is classified day of the first full program year after July 22, 2014 principally to chapter 30 (§ 2801 et seq.) of Title 29, [probably July 1, 2015], see section 506 of Pub. L. 113–128, Labor. Subtitle C of title I of the Act is classified gen- set out as an Effective Date note under section 3101 of erally to subchapter III (§ 2881 et seq.) of chapter 30 of Title 29, Labor. Title 29. Title II of the Act, known as the Adult Edu- cation and Family Literacy Act, is classified prin- EFFECTIVE DATE OF 2008 AMENDMENT cipally to subchapter I (§ 9201 et seq.) of chapter 73 of Pub. L. 110–229, title VIII, § 803(b), May 8, 2008, 122 Title 20, Education. For complete classification of this Stat. 870, provided that: ‘‘The amendments made by Act to the Code, see Short Title note set out under sec- subsection (a) [amending this section] shall be effective tion 9201 of Title 20 and Tables. as of the date that is 180 days after the date of enact- Carl D. Perkins Career and Technical Education Act ment of this Act [May 8, 2008].’’ of 2006, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally CONTINUED APPLICABILITY OF SUBSECTION (f)(1)(B)(ix) by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683. Pub. L. 113–235, div. G, title III, § 306, Dec. 16, 2014, 128 Title I of the Act is classified generally to subchapter Stat. 2504, provided that: ‘‘Section 105(f)(1)(B)(ix) of the I (§ 2321 et seq.) of chapter 44 of Title 20, Education. For Compact of Free Association Amendments Act of 2003 complete classification of this Act to the Code, see (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by sub- Short Title note set out under section 2301 of Title 20 stituting ‘2015’ for ‘2009’.’’ and Tables. The Head Start Act, referred to in subsec. Pub. L. 113–76, div. H, title III, § 306, Jan. 17, 2014, 128 (f)(1)(B)(iii), (v), is subchapter B (§ 635 et seq.) of chapter Stat. 399, provided that: ‘‘Section 105(f)(1)(B)(ix) of the 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, Compact of Free Association Amendments Act of 2003 95 Stat. 499, as amended, which is classified generally (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by sub- to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, stituting ‘2014’ for ‘2009’.’’ The Public Health and Welfare. For complete classi- Pub. L. 112–74, div. F, title III, § 306, Dec. 23, 2011, 125 fication of this Act to the Code, see Short Title note Stat. 1099, provided that: ‘‘Section 105(f)(1)(B)(ix) of the set out under section 9801 of Title 42 and Tables. Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by sub- AMENDMENTS stituting ‘2012’ for ‘2009’.’’ 2014—Subsec. (f)(1)(B)(iii). Pub. L. 113–128, in intro- Pub. L. 111–117, div. D, title III, § 309, Dec. 16, 2009, 123 ductory provisions, substituted ‘‘titles I (other than Stat. 3272, provided that: ‘‘Section 105(f)(1)(B)(ix) of the subtitle C) and II of the Workforce Innovation and Op- Compact of Free Association Amendments Act of 2003 portunity Act,’’ for ‘‘title I of the Workforce Invest- (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by sub- ment Act of 1998 (29 U.S.C. 2801 et seq.), other than sub- stituting ‘2010’ for ‘2009’.’’ title C of that Act (29 U.S.C. 2881 et seq.) (Job Corps), title II of the Workforce Investment Act of 1998 (20 § 1921e. Construction contract assistance U.S.C. 9201 et seq.; commonly known as the Adult Edu- (a) Assistance to U.S. firms cation and Family Literacy Act),’’. Subsec. (j). Pub. L. 113–287 substituted ‘‘division A of In order to assist the Governments of the Fed- subtitle III of title 54’’ for ‘‘the National Historic Pres- erated States of Micronesia and of the Republic ervation Act (80 Stat. 915; 16 U.S.C. 470–470t)’’. of the Marshall Islands through private sector Page 289 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1921g firms which may be awarded contracts for con- § 1921g. Compensatory adjustments struction or major repair of capital infrastruc- (a) Additional programs and services ture within the Federated States of Micronesia or the Republic of the Marshall Islands, the In addition to the programs and services set United States shall consult with the Govern- forth in section 221 of the U.S.-FSM Compact ments of the Federated States of Micronesia and and the U.S.-RMI Compact, and pursuant to sec- tion 222 of the U.S.-FSM Compact and the U.S.- the Republic of the Marshall Islands with re- RMI Compact, the services and programs of the spect to any such contracts, and the United following United States agencies shall be made States shall enter into agreements with such available to the Federated States of Micronesia firms whereby such firms will, consistent with and the Republic of the Marshall Islands: the applicable requirements of such Governments— Small Business Administration, Economic De- (1) to the maximum extent possible, employ velopment Administration, the Rural Utilities citizens of the Federated States of Micronesia Services (formerly Rural Electrification Admin- and the Republic of the Marshall Islands; istration); the programs and services of the De- (2) to the extent that necessary skills are partment of Labor under subtitle C of title I of not possessed by citizens of the Federated the Workforce Investment Act of 1998 (29 U.S.C. States of Micronesia and the Republic of the 2881 et seq.; relating to Job Corps); and the pro- Marshall Islands, provide on the job training, grams and services of the Department of Com- with particular emphasis on the development merce relating to tourism and to marine re- of skills relating to operation of machinery source development. and routine and preventative maintenance of machinery and other facilities; and (b) Further amounts (3) provide specific training or other assist- (1) The joint resolution of January 14, 1986 ance in order to enable the Government to en- (Public Law 99–239) provided that the govern- gage in long-term maintenance of infrastruc- ments of the Federated States of Micronesia and ture. the Marshall Islands may submit to Congress re- ports concerning the overall financial and eco- Assistance by such firms pursuant to this sec- nomic impacts on such areas resulting from the tion may not exceed 20 percent of the amount of effect of title IV of that joint resolution upon the contract and shall be made available only to Title Two of the Compact. There were author- such firms which meet the definition of United ized to be appropriated for fiscal years beginning States firm under the nationality rule for sup- after September 30, 1990, such amounts as nec- pliers of services of the Agency for International essary, but not to exceed $40,000,000 for the Fed- Development (hereafter in this section referred erated States of Micronesia and $20,000,000 for to as ‘‘United States firms’’). There are author- the Marshall Islands, as provided in appropria- ized to be appropriated such sums as may be tion acts, to further compensate the govern- necessary for the purposes of this subsection. ments of such islands (in addition to the com- (b) Authorization of appropriations pensation provided in subsections (a) and (b) of There are authorized to be appropriated such section 111 of the joint resolution of January 14, sums as may be necessary to cover any addi- 1986 (Public Law 99–239) [48 U.S.C. 1911(a), (b)]) tional costs incurred by the Government of the for adverse impacts, if any, on the finances and Federated States of Micronesia or the Republic economies of such areas resulting from the ef- of the Marshall Islands if such Governments, fect of title IV of that joint resolution upon pursuant to an agreement entered into with the Title Two of the Compact. The joint resolution United States, apply a preference on the award of January 14, 1986 (Public Law 99–239) further of contracts to United States firms, provided provided that at the end of the initial fifteen- that the amount of such preference does not ex- year term of the Compact, should any portion of ceed 10 percent of the amount of the lowest the total amount of funds authorized in section qualified bid from a non-United States firm for 111 of that resolution not have been appro- such contract. priated, such amount not yet appropriated may be appropriated, without regard to divisions be- (Pub. L. 108–188, title I, § 106, Dec. 17, 2003, 117 tween amounts authorized in section 111 for the Stat. 2755.) Federated States of Micronesia and for the Mar- shall Islands, based on either or both such gov- § 1921f. Prohibition ernment’s showing of such adverse impact, if All laws governing conflicts of interest and any, as provided in that subsection. post-employment of Federal employees shall (2) The governments of the Federated States apply to the implementation of this Act. of Micronesia and the Republic of the Marshall Islands may each submit no more than one re- (Pub. L. 108–188, title I, § 107, Dec. 17, 2003, 117 port or request for further compensation under Stat. 2755.) section 111 of the joint resolution of January 14, REFERENCES IN TEXT 1986 (Public Law 99–239) and any such report or This Act, referred to in text, is Pub. L. 108–188, Dec. request must be submitted by September 30, 17, 2003, 117 Stat. 2720, known as the Compact of Free 2009. Only adverse economic effects occurring Association Amendments Act of 2003, which enacted during the initial 15-year term of the Compact this part and provisions set out as notes under sections may be considered for compensation under sec- 1901 and 1921 of this title and amended provisions set tion 111 of the joint resolution of January 14, out as a note under section 3101 of Title 5, Government 1986 (Public Law 99–239). Organization and Employees. For complete classifica- tion of this Act to the Code, see Short Title of 2003 (Pub. L. 108–188, title I, § 108, Dec. 17, 2003, 117 Amendment note set out under section 1901 of this title Stat. 2755; Pub. L. 113–128, title V, § 512(g)(2), and Tables. July 22, 2014, 128 Stat. 1708.) § 1921h TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 290

AMENDMENT OF SUBSECTION (a) SUBCHAPTER II—PALAU Pub. L. 113–128, title V, §§ 506, 512(g)(2), July PART A—APPROVAL OF COMPACT AND 22, 2014, 128 Stat. 1703, 1708, provided that, ef- SUPPLEMENTAL PROVISIONS fective on the first day of the first full program year after July 22, 2014 [probably July 1, 2015], § 1931. Approval of Compact of Free Association subsection (a) of this section is amended by striking ‘‘subtitle C of title I of the Workforce (a) Approval Investment Act of 1998 (29 U.S.C. 2881 et seq.; The Compact of Free Association set forth in relating to Job Corps)’’ and inserting ‘‘subtitle title II of this joint resolution between the C of title I of the Workforce Innovation and Op- United States and the Government of Palau is portunity Act (relating to Job Corps)’’. See 2014 hereby approved, and Congress hereby consents Amendment note below. to the agreements as set forth on pages 154 through 405 of House Document 99–193 of April 9, REFERENCES IN TEXT 1986 (hereafter in this joint resolution referred to as subsidiary or related agreements), as they The Workforce Investment Act of 1998, referred to in relate to such Government. Subject to the provi- subsec. (a), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended. Subtitle C of title I of the Act is classified sions of this joint resolution, the President is generally to subchapter III (§ 2881 et seq.) of chapter 30 authorized to agree, in accordance with section of Title 29, Labor. For complete classification of this 411 of the Compact, to an effective date for and Act to the Code, see Short Title note set out under sec- thereafter to implement such Compact, having tion 9201 of Title 20, Education, and Tables. taken into account any procedures with respect The joint resolution of January 14, 1986 (Public Law to the United Nations for termination of the 99–239), referred to in subsec. (b)(1), is Pub. L. 99–239, Trusteeship Agreement. Jan. 14, 1986, 99 Stat. 1770, as amended, known as the Compact of Free Association Act of 1985, which is clas- (b) Reference to Compact sified principally to part A of this subchapter and chap- Any reference in this joint resolution to the ter 19 (§ 2001 et seq.) of this title. Title IV of the joint ‘‘Compact’’ shall be treated as a reference to the resolution is set out as a note under section 1901 of this title. For complete classification of this Act to the Compact of Free Association set forth in title II Code, see Short Title note set out under section 1901 of of this joint resolution. this title and Tables. (c) Amendment, change, or termination of Com- pact and certain agreements AMENDMENTS (1) Mutual agreement by the Government of 2014—Subsec. (a). Pub. L. 113–128, § 512(g)(2), sub- the United States as provided in the Compact stituted ‘‘subtitle C of title I of the Workforce Innova- which results in amendment, change, or termi- tion and Opportunity Act (relating to Job Corps)’’ for nation of all or any part thereof shall be af- ‘‘subtitle C of title I of the Workforce Investment Act fected only by Act of Congress and no unilateral of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)’’. action by the Government of the United States provided for in the Compact, and having such re- EFFECTIVE DATE OF 2014 AMENDMENT sult, may be effected other than by Act of Con- Amendment by Pub. L. 113–128 effective on the first gress. day of the first full program year after July 22, 2014 (2) The provisions of paragraph (1) shall [probably July 1, 2015], see section 506 of Pub. L. 113–128, apply— set out as an Effective Date note under section 3101 of (A) to all actions of the Government of the Title 29, Labor. United States under the Compact including, but not limited to, actions taken pursuant to § 1921h. Authorization and continuing appropria- sections 431, 432, 441, or 442; tion (B) to any amendment, change, or termi- nation in any agreement that may be con- (a) There are authorized and appropriated to cluded at any time between the Government of the Department of the Interior, out of any funds the United States and the Government of in the Treasury not otherwise appropriated, to Palau regarding friendship, cooperation and remain available until expended, such sums as mutual security concluded pursuant to sec- are necessary to carry out the purposes of sec- tions 321 and 323 of the Compact referred to in tions 1921d(f)(1) and 1921d(i) of this title, sections section 462(h); 211, 212(b), 215, and 217 of the U.S.-FSM Compact, (C) to any amendment, change, or termi- and sections 211, 212, 213(b), 216, and 218 of the nation of the agreements concluded pursuant U.S.-RMI Compact, in this and subsequent to Compact sections 175 and 221(a)(4), the years. terms of which are incorporated by reference (b) There are authorized to be appropriated to into the Compact; and the Departments, agencies, and instrumental- (D) to the following subsidiary agreements, ities named in paragraphs (1) and (3) through (6) or portions thereof: of section 221(a) of the U.S.-FSM Compact and (i) Article II of the agreement referred to paragraphs (1) and (3) through (5) of section in section 462(a) of the Compact; 221(a) of the U.S.-RMI Compact, such sums as (ii) Article II of the agreement referred to are necessary to carry out the purposes of sec- in section 462(b) of the Compact; tions 221(a) of the U.S.-FSM Compact and the (iii) Article II and Section 7 of Article X of U.S.-RMI Compact, to remain available until ex- the agreement referred to in section 462(f) of pended. the Compact; (Pub. L. 108–188, title I, § 109, Dec. 17, 2003, 117 (iv) the agreement referred to in section Stat. 2756.) 462(g) of the Compact; Page 291 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931

(v) Articles II, III, IV, V, VI, and VII of the (C) Articles IV, V, X, XIV, XVI, and XVIII of agreement referred to in section 462(h) of the the agreement referred to in section 462(i) of Compact; and the Compact. (vi) Articles VI, XV, and XVII of the agree- (D) Articles II, V, VI, VII, and VIII of the ment referred to in section 462(i) of the Com- agreement referred to in section 462(h) of the pact. Compact. (d) Effective date (E) The agreement referred to in section (1) The authority of the President to agree to 462(j) of the Compact. an effective date for the Compact of Free Asso- (5) No agreement between the United States ciation between the United States and Palau and the Government of Palau which would concurrently with termination of the Trustee- amend, change, or terminate any subsidiary or ship shall be carried out in accordance with this related agreement, or portion thereof, other section, and the Compact shall not take effect than those set forth in subsection (d) 2 of this until after— section or paragraph (4) of this subsection, shall (A) The President has certified to the Con- take effect until the President has transmitted gress that the Compact has been approved in such an agreement to the President of the Sen- accordance with Section 411(a) and (b) of the ate and the Speaker of the House of Representa- Compact, and that there exists no legal im- tives, together with an explanation of the agree- pediment to the ability of the United States to ment and the reasons therefor. carry out fully its responsibilities and to exer- cise its rights under Title Three of the Com- (Pub. L. 99–658, title I, § 101, Nov. 14, 1986, 100 pact, as set forth in this Act, and Stat. 3673.) (B) enactment of a joint resolution which REFERENCES IN TEXT has been reported by the Committee on En- ergy and Natural Resources of the Senate and The Compact of Free Association and the Compact, the Committees on Interior and Insular Af- referred to in text, is the Compact of Free Association fairs and Foreign Affairs and other appro- between the United States and the Government of priate Committees of the House of Representa- Palau, which is contained in section 201 of Pub. L. 99–658, set out below. tives authorizing entry into force of the Com- This joint resolution and this Act, referred to in text, pact, and is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, as amend- (C) agreements have been concluded with ed, which is classified generally to this part. Title II of Palau which satisfy the requirements of sec- the joint resolution enacted section 1934 of this title tion 1902 of this title. For the purpose of this and provisions set out below. For complete classifica- subsection the word ‘‘Palau’’ shall be sub- tion of this Act to the Code, see Tables. stituted for ‘‘Federated States of Micronesia’’ For Oct. 1, 1994, as the date the Compact of Free As- whenever it appears in section 1902 of this sociation with Palau takes effect, referred to in sub- title. secs. (a) and (d), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out below. (2) Any agreement concluded with Palau pur- Section 601(b) of Public Law 94–329, referred to in sub- suant to subparagraph (C) of paragraph (1) and sec. (d)(3), is section 601(b) of Pub. L. 94–329, title VI, any agreement which would amend, change, or June 30, 1976, 90 Stat. 765, which is not classified to the terminate any subsidiary agreement or related Code. agreement, or portion thereof, as set forth in CODIFICATION paragraph (4) of this subsection shall be submit- ted to the Congress. No such agreement shall Section was formerly set out as a note under section take effect until after the expiration of 30 days 1681 of this title. after the date such agreement is so submitted CHANGE OF NAME (excluding days on which either House of Con- Committee on Interior and Insular Affairs of House of gress is not in session). Representatives changed to Committee on Natural Re- (3) No agreement described in paragraph (2) sources of House of Representatives by House Resolu- shall take effect if a joint resolution of dis- tion No. 5, One Hundred Third Congress, Jan. 5, 1993. approval is enacted during the period specified in paragraph (2). For the purpose of expediting REGULATIONS REGARDING HABITUAL RESIDENCE the consideration of such a joint resolution, a Commissioner of Immigration and Naturalization to motion to proceed to the consideration of any issue regulations, not later than 6 months after Sept. such joint resolution after it has been reported 30, 1996, governing rights of ‘‘habitual residence’’ in by an appropriate committee shall be treated as United States under terms of the Compact of Free As- highly privileged in the House of Representa- sociation between the Government of the United States tives. Any such joint resolution shall be consid- and the Government of Palau, see section 643 of Pub. L. 104–208, formerly set out as a note under section 1901 of ered in the Senate in accordance with the provi- this title. sions of section 601(b) of Public Law 94–329. (4) The subsidiary agreement of 1 portions TERMINATION OF TRUST TERRITORY OF THE PACIFIC thereof referred to in paragraph (2) are as fol- ISLANDS lows: For termination of Trust Territory of the Pacific Is- (A) Articles III and IV of the agreement re- lands, see note set out preceding section 1681 of this ferred to in section 462(b) of the Compact. title. (B) Articles III, IV, V, VI, VII, VIII, IX, and X (except for section 7 thereof) of the agree- RECITAL CLAUSES ment referred to in section 462(f) of the Com- Pub. L. 99–658 which enacted this part contained sev- pact. eral ‘‘Whereas’’ clauses reading as follows:

1 So in original. Probably should be ‘‘or’’. 2 So in original. Probably should be subsection ‘‘(c)’’. § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 292

‘‘Whereas the United States is the administering au- status based on the freely-expressed wishes of the peo- thority of the Trust Territory of the Pacific Islands ple of Palau and appropriate to their particular circum- under the terms of the Trusteeship Agreement for the stances; and former Japanese Mandated Islands entered into by the ‘‘Recognizing that the people of Palau have and re- United States with the Security Council of the United tain their sovereignty and their sovereign right to self- Nations on April 2, 1947, and approved by the United determination and the inherent right to adopt and States on July 18, 1947; and amend their own Constitution and form of government ‘‘Whereas the United States, in accordance with the and that the approval of the entry of their Government Trusteeship Agreement, the Charter of the United Na- into this Compact of Free Association by the people of tions and the objectives of the international trustee- Palau constitutes an exercise of their sovereign right ship system, has promoted the development of the peo- to self-determination; ples of the Trust Territory toward self-government or ‘‘NOW, THEREFORE, AGREE to enter into relation- independence as appropriate to the particular ship of free association which provides a full measure cicumstances [sic] of the Trust Territory and its peo- of self-government for the people of Palau; and ples and the freely expressed wishes of the peoples con- ‘‘FURTHER AGREE that the relationships of free as- cerned; and sociation derives from and is as set forth in this Com- ‘‘Whereas the United States, in response to the de- pact; and that, during such relationships of free asso- sires of the people of Palau expressed through their ciation, the respective rights and responsibilities of the freely-elected representatives and by the official pro- Government of the United States and the Government nouncements and enactments of their lawfully con- of the freely associated state of Palau in regard to this stituted government, and in consideration of its own relationship of free association derives from and is as obligations under the Trusteeship Agreement to pro- set forth in this Compact. mote self-determination, entered into political status negotiations with representatives of the people of ‘‘TITLE ONE Palau; and ‘‘GOVERNMENT RELATIONS ‘‘Whereas these negotiations resulted in the ‘Compact ‘‘Article I of Free Association’ [set out below] between the United States and Palau which, together with its related ‘‘Self-government agreements, was signed by the United States and by ‘‘Section 111 Palau on January 10, 1986; and ‘‘The people of Palau, acting through their duly ‘‘Whereas the Compact of Free Association received a elected government established under their constitu- favorable vote of a majority of the people of Palau vot- tion, are self-governing. ing in a United Nations-observed plebiscite conducted on February 21, 1986; and ‘‘Article II ‘‘Whereas the Supreme Court of Palau has ruled that ‘‘Foreign Affairs the constitutional process of Palau for approval of the Compact of Free Association in accordance with sec- ‘‘Section 121 tion 411 of the Compact has not yet been completed; ‘‘(a) The Republic of Palau has the capacity to con- and duct foreign affairs in its own name and right, except ‘‘Whereas the President of Palau has requested the as otherwise provided in this Compact and the Govern- United States to complete the process of United States ment of the United States recognizes that the Govern- approval of the Compact of Free Association in accord- ment of Palau, in the exercise of this capacity, may ance with section 411 of the Compact through enact- enter into, in its own name and right, treaties and ment of an appropriate joint resolution’’. other international agreements with governments and regional and international organizations. COMPACT OF FREE ASSOCIATION ‘‘(b) In the conduct of its foreign affairs the Govern- Pub. L. 99–658, title II, § 201, Nov. 14, 1986, 100 Stat. ment of Palau confirms that it shall act in accordance 3678, provided that: ‘‘Compact of Free Association is as with principles of international law and shall settle its follows: international disputes by peaceful means. ‘‘Section 122 ‘‘COMPACT OF FREE ASSOCIATION ‘‘The Government of the United States shall support ‘‘PREAMBLE application by the Government of Palau for member- ship or other participation in regional or international ‘‘THE GOVERNMENT OF THE UNITED STATES OF AMERICA organizations as may be mutually agreed. The Govern- AND THE GOVERNMENT OF PALAU ment of the United States agrees to accept citizens of ‘‘Affirming that their Governments and the relation- Palau for training and instruction at the United States ship between their Governments are founded upon re- Foreign Service Institute [now George P. Shultz Na- spect for human rights and fundamental freedoms for tional Foreign Affairs Training Center], established all, and under 22 U.S.C. 4021, or similar training under terms ‘‘Affirming the common interests of the United and conditions to be mutually agreed. States of America and the people of Palau in creating ‘‘Section 123 close and mutually beneficial relationships through a ‘‘In recognition of the authority and responsibility of free and voluntary association of their Governments; the Government of the United States under Title and Three, the Government of Palau shall consult with the ‘‘Affirming the interest of the Government of the Government of the United States. The Government of United States in promoting the economic advancement the United States, in the conduct of its foreign affairs, and self-sufficiency of the people of Palau; and shall consult with the Government of Palau on matters ‘‘Recognizing that their previous relationship has which the Government of the United States regards as been based upon the International Trusteeship System relating to or affecting the Government of Palau, and of the United Nations Charter; and that pursuant to Ar- shall provide, on a regular basis, information on re- ticle 76 of the Charter, the peoples of the Trust Terri- gional foreign policy matters. tory have progressively developed their institutions of self-government, and that in the exercise of their sov- ‘‘Section 124 ereign right to self-determination they have, through ‘‘(a) The Government of Palau has authority to con- their free-expressed [sic] wishes, adopted a Constitu- duct its foreign affairs relating to law of the sea and tion appropriate to their particular circumstances; and marine resources matters, including the harvesting, ‘‘Recognizing their common desire to terminate the conservation, exploration or exploitation of living and Trusteeship and establish a new government-to-govern- nonliving resources from the sea, seabed or subsoil to ment relationship in accordance with a new political the full extent recognized under international law. Page 293 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931

‘‘(b) The Government of Palau has jurisdiction and 131(a) and previously performed by the Government of sovereignty over its territory, including its land and the United States. Upon such election, the Government internal waters, territorial seas, the airspace of the United States shall so notify the International superjacent thereto only to the extent recognized under Frequency Registration Board and shall take such international law. other actions as may be necessary to transfer to the ‘‘Section 125 Government of Palau the notification authority re- ferred to in Section 131(a) and all rights deriving from ‘‘Except as otherwise provided in this Compact or its the previous exercise of any such notification authority related agreements, all obligations, responsibilities, by the Government of the United States. rights and benefits of the Government of the United States as administering authority which have resulted ‘‘Section 132 from the application pursuant to the Trusteeship ‘‘The Government of Palau shall permit the Govern- Agreement of any treaty or other international agree- ment of the United States to operate telecommunica- ment to the Trust Territory of the Pacific Islands on tions services in Palau to the extent necessary to fulfill the day preceding the effective date of this Compact the obligations of the Government of the United States are no longer assumed and enjoyed by the Government under this Compact in accordance with the terms of re- of the United States. lated agreements which shall come into effect simulta- ‘‘Section 126 neously with this Compact. ‘‘The Government of the United States shall accept ‘‘Article IV responsibility for those actions taken by the Govern- Immigration ment of Palau in the area of foreign affairs, only as may from time to time be expressly and mutually ‘‘Section 141 agreed. ‘‘(a) Any person in the following categories may enter ‘‘Section 127 into, lawfully engage in occupations, and establish resi- dence as a nonimmigrant in the United States and its ‘‘The Government of the United States may assist or territories and possessions without regard to para- act on behalf of the Government of Palau in the area graphs (14), (20), and (26) of section 212(a) of the Immi- of foreign affairs as may be requested and mutually gration and Nationality Act, 8 U.S.C. 1182(a)(14), (20), agreed from time to time. The Government of the and (26): United States shall not be responsible to third parties ‘‘(1) a person who, on the day preceding the effec- for the actions of the Government of Palau undertaken tive date of this Compact, is a citizen of Trust Terri- with the assistance or through the agency of the Gov- tory of the Pacific Islands, as defined in Title 53 of ernment of the United States pursuant to this Section the Trust Territory Code in force on January 1, 1979, unless expressly agreed. and has become a citizen of Palau; ‘‘Section 128 ‘‘(2) a person who acquires the citizenship of Palau, ‘‘At the request of the Government of Palau and sub- at birth, on or after the effective date of the Con- ject to the consent of the receiving state, the Govern- stitution of Palau; or ment of the United States shall extend consular assist- ‘‘(3) a naturalized citizen of Palau, who has been an ance on the same basis as for citizens of the United actual resident there for not less than five years after States to citizens of Palau for travel outside of Palau, attaining such naturalization and who holds a certifi- the Marshall Islands, the Federated States of Microne- cate of actual residence. sia, the United States and its territories and posses- Such persons shall be considered to have the permis- sions. sion of the Attorney General of the United States to accept employment in the United States. ‘‘Article III ‘‘(b) The right of such persons to establish habitual ‘‘Communications residence in a territory or possession of the United ‘‘Section 131 States may, however, be subjected to nondiscrim- inatory limitations provided for: ‘‘(a) The Government of Palau has full authority and ‘‘(1) in statutes or regulations of the United States; responsibility to regulate its domestic and foreign com- or munications, and the Government of the United States ‘‘(2) in those statutes or regulations of the territory shall provide communication assistance in accordance or possession concerned which are authorized by the with the terms of a related agreement which shall come laws of the United States. into effect simultaneously with this Compact, and such ‘‘(c) Section 141(a) does not confer on a citizen of agreement shall remain in effect until such time as any Palau, the right to establish the residence necessary election is made pursuant to Section 131(b) and which for naturalization under the Immigration and National- shall provide for the following: ity Act, or to petition for benefits for alien relatives ‘‘(1) the Government of the United States remains under that Act. Section 141(a), however, shall not pre- the sole administration entitled to make notification vent a citizen of Palau from otherwise acquiring such to the International Frequency Registration Board of rights or lawful permanent resident alien status in the the International Telecommunications Union of fre- United States. quency assignments to radio communications sta- tions in Palau; and to submit to the International ‘‘Section 142 Frequency Registration Board seasonal schedules for ‘‘(a) Any citizen or national of the United States may the broadcasting stations in Palau in the bands allo- enter into, lawfully engage in occupations, and reside cated exclusively to the broadcasting service between in Palau, subject to the right of that Government to 5,950 and 26,100 kHz and in any other additional fre- deny entry to or deport any such citizen or national as quency bands that may be allocated to use by high an undesirable alien. A citizen or national of the frequency broadcasting stations; and United States may establish habitual residence or ‘‘(2) the United States Federal Communications domicile in Palau only in accordance with the laws of Commission has jurisdiction, pursuant to the Com- Palau. This subsection is without prejudice to the right munications Act of 1934, 47 U.S.C. 151 et seq., and the of the Government of Palau to regulate occupations in Communications Satellite Act of 1962, 47 U.S.C. 721 et Palau in a nondiscriminatory manner. seq., over all domestic and foreign communications ‘‘(b) With respect to the subject matter of this Sec- services furnished by means of satellite earth termi- tion, the Government of Palau shall accord to citizens nal stations where such stations are owned or oper- and nationals of the United States treatment no less ated by United States common carriers and are lo- favorable than that accorded to citizens of other coun- cated in Palau. tries; any denial of entry to or deportation of a citizen ‘‘(b) The Government of Palau may elect at any time or national of the United States as an undesirable alien to undertake the functions enumerated in Section must be pursuant to reasonable statutory grounds. § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 294

‘‘Section 143 shall enjoy the same taxation exemptions as are set ‘‘(a) The privileges set forth in Section 141 shall not forth in Article 34 of the Vienna Convention on Diplo- apply to any person who takes an affirmative step to matic Relations. preserve or acquire a citizenship or nationality other ‘‘(e) The privileges, exemptions and immunities ac- than that of Palau. corded under this Section are not for the personal bene- ‘‘(b) Every person having the privileges set forth in fit of the individuals concerned but are to safeguard the Sections 141 and 142 who possesses a citizenship or na- independent exercise of their official functions. With- tionality other than that of Palau or the United States out prejudice to those privileges, exemptions and im- ceases to have these privileges two years after the ef- munities, it is the duty of all such persons to respect fective date of this Compact, or within six months after the laws and regulations of the Government to which becoming 21 years of age, whichever comes later, unless they are assigned. such person executes an oath of renunciation of that ‘‘Article VI other citizenship or nationality. ‘‘Environmental Protection ‘‘Section 144 ‘‘Section 161 ‘‘(a) A citizen or national of the United States who, ‘‘The Government of the United States and the Gov- after notification to the Government of the United ernment of Palau declare that it is their policy to pro- States of an intention to employ such person by the mote efforts to prevent or eliminate damage to the en- Government of Palau, commences employment with vironment and biosphere and to enrich understanding that Government shall not be deprived of his United of the natural resources of the Palau. States nationality pursuant to Section 349(a)(2) and (a)(4) of the Immigration and Nationality Act, 8 U.S.C. ‘‘Section 162 1481(a)(2) and (a)(4). ‘‘(a) The Government of the United States and the ‘‘(b) Upon such notification by the Government of Government of Palau agree that with respect to the ac- Palau, the Government of the United States may con- tivities of the Government of the United States in sult with or provide information to the notifying Gov- Palau, and with respect to substantively equivalent ac- ernment concerning the prospective employee, subject tivities of the Government of Palau, each of the Gov- to the provisions of the Privacy Act, 5 U.S.C. 552a. ernments shall be bound by such environmental protec- ‘‘(c) The requirement of prior notification shall not tion standards as may be mutually agreed for the pur- apply to those citizens or nationals of the United pose of carrying out the policy set forth in this Com- States who are employed by the Government of Palau pact. on the effective date of this Compact with respect to ‘‘Section 163 the positions held by them at that time. ‘‘In order to carry out the policy set forth in this Ar- ‘‘Article V ticle, the Government of the United States and the Government of Palau agree to the following undertak- ‘‘Representation ings. ‘‘Section 151 ‘‘(a) The Government of the United States: ‘‘The Government of the United States and the Gov- ‘‘(1) shall apply environmental standards sub- ernment of Palau may establish and maintain rep- stantively similar to those in effect on the day pre- resentative offices in the capitals of the other. ceding the effective date of this Compact to any ac- tivity requiring the preparation of an Environmental ‘‘Section 152 Impact Statement under the provisions of the Na- ‘‘(a) The premises of such representatives [sic] of- tional Environmental Policy Act of 1969, 83 Stat. 852, fices, and their archives wherever located, shall be invi- 42 U.S.C. 4321 et seq. olable. The property and assets of such representative ‘‘(2) shall develop, prior to conducting any activity offices shall be immune from search, requisition, at- included within the category described in this Sec- tachment and any form of seizure unless such immu- tion, appropriate mechanisms, including regulations nity is expressly waived. Official communications in or other standards and procedures, to regulate such transit shall be inviolable and accorded the freedom activity in Palau in a manner appropriate to the spe- and protections accorded by recognized principles of in- cial governmental relationship set forth in this Com- tentional [sic] law to official communications of a dip- pact. The Government of the United States shall pro- lomatic mission. vide the Government of Palau with the opportunity ‘‘(b) Persons designated by the sending Government to comment formally during the development of such may serve in the capacity of its resident representa- mechanisms. tives with the consent of the receiving Government. ‘‘(b) The Government of Palau shall develop stand- Such designated persons shall be immune from civil ards and procedures to protect the environment of and criminal process relating to words spoken or writ- Palau. As a reciprocal obligation to the undertakings ten and all acts performed by them in their official ca- of the Government of the United States under this Ar- pacity and falling within their functions as such rep- ticle, the Government of Palau, taking into account resentatives, except insofar as such immunity may be the particular environment of Palau, shall develop expressly waived by the sending Government. While standards for environmental protection substantively serving in a resident representative capacity, such des- similar to those required of the Government of the ignated persons shall not be liable to arrest or deten- United States by Section 163(a)(1) prior to conducting tion pending trial, except in the case of a grave crime activities in Palau substantively equivalent to activi- and pursuant to a decision by a competent judicial au- ties conducted there by the Government of the United thority, and such persons shall enjoy immunity from States and, as a further reciprocal obligation, shall en- seizure of personal property, immigration restrictions, force those standards. and laws relating to alien registration, fingerprinting, ‘‘(c) Section 163(a), including any standard or proce- and the registration of foreign agents. dure applicable thereunder, and Section 163(b) may be ‘‘(c) The sending Governments and their respective modified or superseded in whole or in part by agree- assets, income and other property shall be exempt from ment of the Government of the United States and the all direct taxes, except those direct taxes representing Government of Palau. payment for specific goods and services, and shall be ‘‘(d) Disputes arising under this Article, except for exempt from all customs duties and restrictions on the Section 163(e), shall be resolved exclusively in accord- import or export of articles required for the official ance with Article II of Title Four. functions and personal use of their representatives and ‘‘(e) The President of the United States may exempt representative offices. any of the activities of the Government of the United ‘‘(d) Persons designated by the sending Government States under this Compact and its related agreements to serve in the capacity of its resident representatives from any environmental standard or procedure which Page 295 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 may be applicable under this Article if the President of this Compact shall be adjudicated in the same man- determines it to be in the paramount interest of the ner as a claim adjudicated according to Section 174(d). Government of the United States to do so, consistent In any claim against the Government of the Trust Ter- with Title Three of this Compact and the obligations of ritory of the Pacific Islands, the Government of the the Government of the United States under inter- United States shall stand in the place of the Govern- national law. Prior to any decision pursuant to this ment of the Trust Territory of the Pacific Islands. A subsection, the views of the Government of Palau shall judgment on any claim referred to in Section 174(b) or be sought and considered to the extent practicable. If this subsection, not otherwise satisfied by the Govern- the President grants such an exemption, to the extent ment of the United States, may be presented for certifi- practicable, a report with his reasons for granting such cation to the United States Court of Appeals for the exemption shall be given promptly to the Government Federal Circuit, or its successor court, which shall have of Palau. jurisdiction therefor, notwithstanding the provisions of 28 U.S.C. 1502, and which court’s decisions shall be re- ‘‘Article VII viewable as provided by the laws of the United States. ‘‘General Legal Provisions The United States Court of Appeals for the Federal Cir- cuit shall certify such judgment, and order payment ‘‘Section 171 thereof, unless it finds, after a hearing, that such judg- ‘‘Except as provided in this Compact or its related ment is manifestly erroneous as to law or fact, or agreements, the application of the laws of the United manifestly excessive. In either of such cases the United States to the Trust Territory of the Pacific Islands by States Court of Appeals for the Federal Circuit shall virtue of the Trusteeship Agreement ceases with re- have jurisdiction to modify such judgment. spect to Palau as of the effective date of this Compact. ‘‘(d) The Government of Palau, shall not be immune ‘‘Section 172 from the jurisdiction of the courts of the United States, ‘‘(a) Every citizen of Palau who is not a resident of and the Government of the United States shall not be the United States shall enjoy the rights and remedies immune from the jurisdiction of the courts of Palau in under the laws of the United States enjoyed by any any case in which the action is based on a commercial nonresident alien. activity of the defendant Government carried out ‘‘(b) The Government and every citizen of Palau shall where the action is brought, or in a case in which dam- be considered a ‘person’ within the meaning of the ages are sought for personal injury or death or damage Freedom of Information Act, 5 U.S.C. 552, and of the ju- to or loss of property occurring where the action is dicial review provisions of the Administrative Proce- brought. This subsection shall apply only to actions dure Act, 5 U.S.C. 701–706. based on commercial activities entered into or injuries or losses suffered on or after the effective date of this ‘‘Section 173 Compact. ‘‘The Government of the United States and the Gov- ‘‘Section 175 ernment of Palau, agree to adopt and enforce such measures, consistent with this Compact and its related ‘‘A separate agreement, which shall come into effect agreements, as may be necessary to protect the person- simultaneously with this Compact, shall be concluded nel, property, installations, services, programs and offi- between the Government of the United States and the cial archives and documents maintained by the Govern- Government of Palau regarding mutual assistance and ment of the United States in Palau pursuant to this cooperation in law enforcement matters including the Compact and its related agreements and by that Gov- pursuit, capture, imprisonment and extradition of fugi- ernment in the United States pursuant to this Compact tives from justice and the transfer of prisoners. The and its related agreements. separate agreement shall have the force of law. In the United States, the laws of the United States governing ‘‘Section 174 international extradition, including 18 U.S.C. 3184, 3186 ‘‘Except as otherwise provided in this Compact and and 3188–3195, shall be applicable to the extradition of its related agreements: fugitives under the separate agreement, and the laws of ‘‘(a) The Government of Palau shall be immune from the United States governing the transfer of prisoners, the jurisdiction of the courts of the United States, and including 18 U.S.C. 4100–4115, shall be applicable to the the Government of the United States shall be immune transfer of prisoners under the separate agreement. from the jurisdiction of the courts of Palau. ‘‘Section 176 ‘‘(b) The Government of the United States accepts re- ‘‘The Government of Palau confirms that final judg- sponsibility for and shall pay: ments in civil cases rendered by any court of the Trust ‘‘(1) any unpaid money judgment rendered by the Territory of the Pacific Islands shall continue in full High Court of the Trust Territory of the Pacific Is- force and effect, subject to the constitutional power of lands against the Government of the Trust Territory the courts of Palau to grant relief from judgments in of the Pacific Islands or the Government of the appropriate cases. United States with regard to any cause of action aris- ing as a result of acts or omissions of the Govern- ‘‘Section 177 ment of the Trust Territory of the Pacific Islands or ‘‘(a) Federal agencies of the Government of the the Government of the United States prior to the ef- United States which provide services and related pro- fective date of this Compact; grams in Palau are authorized to settle and pay tort ‘‘(2) any claim settled by the claimant and the Gov- claims arising in Palau from the activities of such ernment of the Trust Territory of the Pacific Islands agencies or from the acts or omissions of the employees but not paid as of the effective date of this Compact; of such agencies. Except as provided in Section 177(b), and the provisions of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall ‘‘(3) settlement of any administrative claim or of apply exclusively to such administrative settlements any action before a court of the Trust Territory of and payments. the Pacific Islands, pending as of the effective date of ‘‘(b) Claims under Section 177(a) which cannot be set- this Compact, against the Government of the Trust tled under Section 177(a) shall be disposed of exclu- Territory of the Pacific Islands or the Government of sively in accordance with Article II of Title Four. Arbi- the United States, arising as a result of acts or omis- tration awards rendered pursuant to this subsection sions of the Government of the Trust Territory of the shall be paid out of funds under 31 U.S.C. 1304. Pacific Islands or the Government of the United ‘‘(c) The Government of the United States and the States. Government of Palau shall provide for: ‘‘(c) Any claim not referred to in Section 174(b) and ‘‘(1) the administrative settlement of claims re- arising from an act or omission of the Government of ferred to in Section 177(a), including designation of the Trust Territory of the Pacific Islands or the Gov- local agents in Palau, such agents to be empowered ernment of the United States prior to the effective date to accept, investigate and settle such claims, in a § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 296

timely manner, as provided in such related agree- United States and the Government of Palau shall set ments; and forth in a separate agreement, which shall come into ‘‘(2) arbitration, referred to in Section 177(b), in a effect simultaneously with this Compact, provisions for timely manner, at a site convenient to the claimant, the investment, management and review of the fund so in the event a claim is not otherwise settled pursuant as to allow for an agreed minimum annual distribution to Section 177(a). from its accrued principal and interest commencing ‘‘(d) The provisions of Section 174(d) shall not apply upon the effective date of this Compact for fifty years. to claims covered by this Section. The objective of this sum is to produce an average an- nual distribution of $15 million commencing on the fif- ‘‘TITLE TWO teenth anniversary of this Compact for thirty-five ‘‘ECONOMIC RELATIONS years. Any excess or variance from the agreed mini- mum annual distributions which may be produced from ‘‘Article I these sums shall accrue to or be absorbed by the Gov- ‘‘Grant Assistance ernment of Palau unless otherwise mutually agreed in ‘‘Section 211 accordance with the provisions of the separate agree- ‘‘In order to assist the Government of Palau in its ef- ment referred to in this paragraph. The annual dis- forts to advance the well-being of the people of Palau tributions produced from these sums are not subject to and in recognition of the special relationship that ex- Sections 215 and 236. ists between the United States and Palau, the Govern- ‘‘Section 212 ment of the United States shall provide to the Govern- ‘‘In order to assist the Government of Palau in its ef- ment of Palau on a grant basis the following amounts: forts to advance the economic development and self- ‘‘(a) $12 million annually for ten years commencing sufficiency of the people of Palau and in recognition of on the effective date of this Compact, and $11 million the special relationship that exists between the United annually for five years commencing on the tenth anni- States and Palau, the Government of the United States versary of the effective date of this Compact, for cur- shall provide: rent account operations and maintenance purposes, ‘‘(a) To the people of Palau, a road system in accord- which amounts commencing on the fourth anniversary ance with mutually agreed specifications, the construc- of the effective date of this Compact shall include a tion of which shall be completed prior to the sixth an- minimum annual distribution of $5 million from the niversary of the effective date of this Compact; and fund specified in Section 211(f). ‘‘(b) To the Government of Palau, the sum of $36 mil- ‘‘(b) $2 million annually for fourteen years commenc- lion, during the first year after the effective date of ing on the first anniversary of the effective date of this this Compact, for capital account purposes. Compact as a contribution to efforts aimed at achiev- ing increased self-sufficiency in energy production, of ‘‘Section 213 which annual amounts not less than $500,000 shall be ‘‘The Government of the United States shall provide devoted to the energy needs of those parts of Palau not on a grant basis to the Government of Palau the sum served by its central power-generating facility. of $5.5 million in conjunction with Article II of Title ‘‘(c) $150,000 annually for fifteen years commencing Three. This sum shall be made available concurrently on the effective date of this Compact as a contribution with the grant assistance provided pursuant to this Ar- to current account operations and maintenance of com- ticle during the first year after the effective date of munications systems, and the sum of $1.5 million, to be this Compact. The Government of Palau, in its use of made available concurrently with the grant assistance such funds, shall take into account the impact of the provided during the first year after the effective date of activities of the Government of the United States in this Compact, for the purpose of acquiring such com- Palau. munications hardware as may be located within Palau ‘‘Section 214 or for such other current or capital account activity as ‘‘All funds previously appropriated to the Trust Ter- the Government of Palau may select. ritory of the Pacific Islands for the Government of ‘‘(d) $631,000 annually on a current account basis for Palau which are unobligated by the Government of the fifteen years commencing on the effective date of this Trust Territory as of the effective date of this Compact Compact for the purposes set forth below: shall accrue to the Government of Palau for the pur- ‘‘(1) for the surveillance and enforcement by Gov- poses for which such funds were originally appropriated ernment of Palau of its maritime zone; as determined by the Government of the United States. ‘‘(2) for health and medical programs, including re- ferrals to hospital and treatment centers; and ‘‘Section 215 ‘‘(3) for a scholarship fund to support the post-sec- ‘‘Except as otherwise provided, the amounts stated in ondary education of citizens of Palau attending Sections 211(a), 211(b), 211(c) and 212(b) shall be adjusted United States accredited, post-secondary institutions for each fiscal year by the percent which equals two- in Palau, the United States, its territories and pos- thirds of the percentage change in the United States sessions, and states in free association with the Gross National Product Implicit Price Deflator, or United States. The curricular criteria for the award seven percent, whichever is less in any one year, using of scholarships shall be designed to advance the pur- the beginning of Fiscal Year 1981 as the base. poses of the plan referred to in Section 231. ‘‘(e) The sum of $666,800 as a contribution to the com- ‘‘Article II mencement of activities pursuant to Section 211(d)(1). ‘‘Program Assistance ‘‘(f) The sum of $66 million on the effective date of this Compact, and the sum of $4 million concurrently ‘‘Section 221 with the grant assistance to be made available during ‘‘(a) The Government of the United States shall make the third year after the effective date of this Compact, available to Palau, in accordance with and to the ex- to create a fund to be invested by the Government of tent provided in the separate agreement referred to in Palau in issues of bonds, notes or other redeemable in- Section 232, without compensation and at the levels struments of the Government of the United States or equivalent to those available to the Trust Territory of other qualified instruments which may be identified by the Pacific Islands during the year prior to the effec- mutual agreement of the Government of the United tive date of this Compact, the services and related pro- States and the Government of Palau. Investment of the grams: fund in qualified instruments of United States nation- ‘‘(1) of the United States Weather Service; ality, and the distribution of sums derived from such ‘‘(2) provided pursuant to the Postal Reorganization investment to the Government of Palau, shall not be Act, 39 U.S.C. 101 et seq.; subject to any form of taxation by the United States or ‘‘(3) of the United States Federal Aviation Adminis- its political subdivisions. The Government of the tration; and Page 297 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931

‘‘(4) of the United States Civil Aeronautics Board or pends upon the availability of adequate internal reve- its successor agencies which has the authority to im- nue as well as economic assistance from sources out- plement the provisions of paragraph 5 of Article IX of side of Palau, including the Government of the United such separate agreements, the language of which is States, and may, in addition, be affected by the impact incorporated into this Compact. of exceptional, economically adverse circumstances. ‘‘(b) The Government of the United States, recogniz- The Government of Palau shall therefore report annu- ing the special needs of the Palau [sic] particularly in ally to the President of the United States and to the the fields of education and health care, shall make Congress of the United States on the implementation of available, as provided by the laws of the United States, this plan and on its use of the funds specified in this ‘‘(1) the annual amount of $2 million which shall be Article. This report shall outline the achievements of allocated in accordance with the provisions of the the plan to date and the need, if any, for an additional separate agreement referred to in Section 232; and authorization and appropriation of economic assistance ‘‘(2) the sums of $4.3 million, $2.9 million and $1.5 for that year to account for any exceptional, economi- million, respectively, during the first, second and cally adverse circumstances. The availability of such third years after the effective date of this Compact, additional economic assistance from the Government which sums shall be used by the Government of Palau of the United States shall be subject to the authoriza- as current account funds to finance programs similar tion and appropriation of funds by the Government of to those programs of the United States that applied the United States. to Palau prior to the effective date of this Compact ‘‘Section 232 and that provided financial assistance for education ‘‘The specific nature, extent and contractual arrange- to any institution, agency, organization or perma- ments of the services and programs provided for in Sec- nent resident of Palau or to the College of Microne- tion 221 as well as the legal status of agencies of the sia. Government of the United States, their civilian em- ‘‘(c) The Government of the United States shall make ployees and contractors, and the dependents of such available to Palau such alternate energy development personnel while present in Palau, and other arrange- projects, studies and conservation measures as are ap- ments in connection with a service or program fur- plicable to the Trust Territory of the Pacific Islands on nished by the Government of the United States, are set the day preceding the effective date of this Compact, forth in related agreements which shall come into ef- for the purposes and duration provided in the laws of fect simultaneously with this Compact. the United States. ‘‘(d) The Government of the United States shall have ‘‘Section 233 and exercise such authority as is necessary for the pur- ‘‘The Government of the United States, in consulta- poses of this Article and as is set forth in the related tion with the Government of Palau, shall determine agreements referred to in Section 232, which shall also and implement procedures for the periodic audit of all set forth the extent to which services and programs grants and other assistance made under this Title. shall be provided to Palau. Such audits shall be conducted at no cost to the Gov- ernment of Palau. ‘‘Section 222 ‘‘The Government of Palau may request, from time to ‘‘Section 234 time, technical assistance from the Federal agencies ‘‘Title to the property of the Government of the and institutions of the Government of the United United States situated in the Trust Territory of the States, which are authorized to grant such technical Pacific Islands and in Palau or acquired for or used by assistance in accordance with its law and which shall the Government of the Trust Territory of the Pacific grant such technical assistance in a manner which Islands on or before the day preceding the effective gives priority consideration to Palau over other recipi- date of this Compact shall, without reimbursement or ents not a part of the United States, its territories or transfer of funds, vest in the Government of Palau as possessions and equivalent consideration to Palau with set forth in a separate agreement which shall come into respect to other states in Free Association with the effect simultaneously with this Compact. The provi- United States. sions of this Section shall not apply to the personal property of the Government of the United States for ‘‘Section 223 which the Government of the United States determines ‘‘The citizens of Palau who are receiving post-second- a continuing requirement. ary education assistance from the Government of the United States on the day preceding the effective date of ‘‘Section 235 this Compact shall continue to be eligible, if otherwise ‘‘(a) Funds held in trust by the High Commissioner of qualified, to receive such assistance to complete their the Trust Territory of the Pacific Islands, in his official academic programs for a maximum of four years after capacity, as of the effective date of this Compact shall the effective date of this Compact. remain available as trust funds to their designated beneficiaries. The Government of the United States, in ‘‘Section 224 consultation with the Government of Palau, shall ap- ‘‘The Government of the United States and the Gov- point a new trustee who shall exercise the functions ernment of Palau may agree from time to time to the formerly exercised by the High Commissioner of the extension to Palau of additional United States grant Trust Territory of the Pacific Islands. assistance and of United States services and programs ‘‘(b) To provide for the continuity of administration, as provided by the laws of the United States. and to assure the Governments [sic] of Palau that the purposes of the laws of the United States are carried ‘‘Article III out and that the funds of any other trust fund in which ‘‘Administrative Provisions the High Commissioner of the Trust Territory of the ‘‘Section 231 Pacific Islands has authority of a statutory or cus- tomary nature shall remain available as trust funds to ‘‘(a) The annual expenditure by the Government of their designated beneficiaries, the Government of the Palau of the grant amounts specified in Article I of this United States agrees to assume the authority formerly Title shall be in accordance with an official national vested in the High Commissioner of the Trust Territory development plan promulgated by the Government of of the Pacific Islands. Palau and concurred in by the Government of the United States prior to the effective date of this Com- ‘‘Section 236 pact. This plan may be amended from time to time by ‘‘Except as otherwise provided, approval of this Com- the Government of Palau. pact by the Government of the United States shall con- ‘‘(b) The Government of the United States and the stitute a pledge of the full faith and credit of the Government of Palau recognize that the achievement United States for the full payment of the sums and of the goals of the plan referred to in this Section de- amounts specified in Article I of this Title. The obliga- § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 298 tion of the Government of the United States under Ar- of Palau act to institute another currency, the terms of ticle I of this Title shall be enforceable in the United an appropriate currency transitional period shall be as States Claims Court [now United States Court of Fed- agreed with the Government of the United States. eral Claims], or its successor court, which shall have ‘‘Section 252 jurisdiction in cases arising under this Section, not- withstanding the provisions of 28 U.S.C. 1502, and which ‘‘The Government of Palau may, with respect to court’s decisions shall be reviewable as provided by the United States persons, tax income derived from sources laws of the United States. within its respective jurisdiction, property situated therein, including transfers of such property by gift or ‘‘Article IV at death, and products consumed therein, in such man- ner as such Government deems appropriate. The deter- ‘‘Trade mination of the source of any income, or the situs of ‘‘Section 241 any property, shall, for purposes of this Compact, be ‘‘Palau is not included in the customs territory of the made according to the United States Internal Revenue United States. Code. ‘‘Section 242 ‘‘Section 253 ‘‘The President of the United States shall proclaim ‘‘A citizen of Palau, domiciled therein and who is a the following tariff treatment for articles imported nonresident and not a citizen of the United States, from Palau which shall apply during the period of effec- shall be exempt from estate, gift, and generation-skip- tiveness of this Title: ping transfer taxes imposed by the Government of the ‘‘(a) Unless otherwise excluded, articles imported United States. from Palau, subject to the limitations imposed under ‘‘Section 254 sections 503(b) and 504(c) of title 5 of the Trade Act of 1974 (19 U.S.C. 2463(b): 2464(c)), shall be exempt from ‘‘(a) In determining any income tax imposed by the duty. Government of Palau, the Government of Palau shall ‘‘(b) Only canned tuna provided for in item 112.30 of have authority to impose tax upon income derived by the Tariff Schedules of the United States that is im- a resident of Palau from sources without Palau in the ported from the Federated States of Micronesia, the same manner and to the same extent as the Govern- Marshall Islands and Palau during any calendar year ment of Palau imposes tax upon income derived from not to exceed 10 percent of the United States consump- within its jurisdiction. If the Government of Palau ex- tion of canned tuna during the immediately preceding ercises such authority as provided in this subsection, calendar year, as reported by the National Marine Fish- any individual resident of Palau who is subject to tax eries Service, shall be exempt from duty; but the quan- by the Government of the United States on income tity of tuna given duty free treatment under this para- which is also taxed by the Government of Palau shall graph for any calendar year shall be counted against be relieved of liability to the Government of the United the aggregate quantity of canned tuna that is dutiable States for the tax which, but for this subsection, would under rate column numbered 1 of such item 112.30 for otherwise be imposed by the Government of the United that calendar year. States on such income. For purposes of this Section, ‘‘(c) The duty-free treatment provided under para- the term ‘resident of Palau’ shall be deemed to include graph (1) shall not apply to: any person who was physically present in Palau for a ‘‘(1) watches, clocks and timing apparatus provided period of 183 or more days during any taxable year. The for in sub-part E of part 2 of schedule 7 of the Tariff relief from liability referred to in this subsection Schedules of the United States; means only: ‘‘(2) buttons (whether finished or not finished) pro- ‘‘(1) relief in the form of the foreign tax credit (or vided for in item 745.32 of such Schedules; deduction in lieu thereof) available with respect to ‘‘(3) textile and apparel articles which are subject the income taxes of a possession of the United States, to textile agreements; and and ‘‘(4) footwear, handbags, luggage, flat goods, work ‘‘(2) relief in the form of the exclusion under section gloves, and leather wearing apparel which were not 911 of the United States Internal Revenue Code of eligible articles for purposes of title V of the Trade 1954. Act of 1974 (19 U.S.C. 2461 et seq.) on April 1, 1984. ‘‘(b) If the Government of Palau subjects income to ‘‘(d) If the cost or value of materials produced in the taxation substantially similar to that imposed by the customs territory of the United States is included with Trust Territory Code in effect on January 1, 1980, such respect to an eligible article which is a product of Government shall be deemed to have exercised the au- Palau, an amount not to exceed 15 percent of the ap- thority described in Section 254(a). praised value of the article at the time it is entered ‘‘Section 255 that is attributable to such United States cost or value ‘‘(a) For purposes of section 936 of the Internal Reve- may be applied for duty assessment purposes toward nue Code of 1954 Palau shall be treated as if it was a determining the percentage referred to in section possession of the United States. 503(b)(2) of title V of the Trade Act of 1974. ‘‘(b) Subsection (a) of this Section shall not apply to ‘‘Section 243 Palau for any period after December 31, 1986, during ‘‘Articles imported from Palau which are not exempt which there is not in effect between Palau and the from any duty under paragraphs (a), (b), (c) and (d) of United States an exchange of information agreement of Section 242 shall be subject to the rates of duty set the kind described in section 274(h)(6)(C) (other than forth in column numbered 1 of the Tariff Schedules of clause (ii) thereof) of the Internal Revenue Code of 1954. the United States and all products of the United States ‘‘(c) If the tax incentives extended to Palau under imported into Palau shall receive treatment no less fa- subsection (a) of this Section are, at any time during vorable than that accorded like products of any foreign which the Compact is in effect, reduced, the United country with respect to customs duties or charges of a States Secretary of the Treasury shall negotiate an similar nature and with respect to laws and regulations agreement with the Government of Palau under which, relating to importation, exportation, taxation, sale, when such agreement is approved by law, Palau will be distribution, storage, or use. provided with benefits substantially equivalent to such reduction in benefits. If within the 1-year period after ‘‘Article V the date of the enactment of the Act making the reduc- tion in benefits, an agreement negotiated under the ‘‘Finance and Taxation preceding sentence is not approved by law, the matter ‘‘Section 251 shall be submitted to the Arbitration Board established ‘‘The currency of the United States is the official cir- pursuant to Section 424. For purposes of Article V of culating legal tender of Palau. Should the Government this Title, the Secretary of the Treasury or his delegate Page 299 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 shall be the member of such Board representing the ‘‘Section 323 Government of the United States. Any decision of such ‘‘The military operating rights of the Government of Board in the matter when approved by law shall be the United States and the legal status and contractual binding on the United States, except that such decision arrangements of the United States Armed Forces, their rendered is binding only as to whether the United members, and associated civilians, while present in States has provided the substantially equivalent bene- Palau, are set forth in related agreements which shall fits referred to in this subsection. come into effect simultaneously with this Compact. ‘‘(d) For purposes of section 274(h)(3)(A) of the Inter- nal Revenue Code of 1954, the term ‘North American ‘‘Section 324 area’ shall include Palau. ‘‘In the exercise in Palau of its authority and respon- sibility under this Title, the Government of the United ‘‘Section 256 States shall not use, test, store or dispose of nuclear, ‘‘This Article shall apply to income earned, and toxic chemical, gas or biological weapons intended for transactions occurring, after September 30, 1985, in tax- use in warfare and the Government of Palau assures able years ending after such date. the Government of the United States that in carrying ‘‘TITLE THREE out its security and defense responsibilities under this Title, the Government of the United States has the ‘‘SECURITY AND DEFENSE RELATIONS right to operate nuclear capable or nuclear propelled ‘‘Article I vessels and aircraft within the jurisdiction of Palau ‘‘Authority and Responsibility without either confirming or denying the presence or absence of such weapons within the jurisdiction of ‘‘Section 311 Palau. ‘‘The territorial jurisdiction of the Republic of Palau shall be completely foreclosed to the military forces ‘‘Article III and personnel or for the military purposes of any na- ‘‘Defense Treaties and International Security tion except the United States of America, and as pro- Agreements vided for in Section 312. ‘‘Section 331 ‘‘Section 312 ‘‘Subject to the terms of this Compact and its related ‘‘The Government of the United States has full au- agreements, the Government of the United States, ex- thority and responsibility for security and defense mat- clusively, shall assume and enjoy, as to Palau, all obli- ters in or relating to Palau. Subject to the terms of any gations, responsibilities, rights and benefits of: agreements negotiated pursuant to Article II of this ‘‘(a) Any defense treaty or other international secu- Title, the Government of the United States may con- rity agreement applied by the Government of the duct within the lands, water and airspace of Palau the United States as administering authority of the Trust activities and operations necessary for the exercise of Territory of the Pacific Islands as of the day preceding its authority and responsibility under this Title. The the effective date of this Compact; and Government of the United States may invite the armed ‘‘(b) Any defense treaty or other international secu- forces of other nations to use military areas and facili- rity agreement to which the Government of the United ties in Palau in conjunction with and under the control States is or may become a party which it determines to of United States Armed Forces. be applicable in Palau. Such a determination by the ‘‘Section 313 Government of the United States shall be preceded by ‘‘The Government of Palau shall refrain from actions appropriate consultation with the Government of which the Government of the United States deter- Palau. mines, after consultation with that Government, to be ‘‘Article IV incompatible with its authority and responsibility for ‘‘Service in the Armed Forces of the United States security and defense matters in or relating to Palau. ‘‘Section 341 ‘‘Article II ‘‘Any citizen of Palau entitled to the privileges of ‘‘Defense Sites and Operating Rights Section 141 of this Compact shall be eligible to volun- ‘‘Section 321 teer for service in the Armed Forces of the United ‘‘The Government of the United States may establish States, but shall not be subject to involuntary induc- and use defense sites in Palau, and may designate for tion into military service of the United States so long this purpose land and water areas and improvements in as such person does not establish habitual residence in accordance with the provisions of a separate agreement the United States, its territories or possessions. which shall come into force simultaneously with this ‘‘Section 342 Compact. ‘‘The Government of the United States shall have en- ‘‘Section 322 rolled, at any one time, at least one qualified student ‘‘(a) When the Government of the United States de- from Palau as may be nominated by the Government of sires to establish or use such a defense site specifically Palau, in each of: identified in the separate agreement referred to in Sec- ‘‘(a) The United States Coast Guard Academy pursu- tion 321, it shall so inform the Government of Palau ant to 14 U.S.C. 195; and which shall make the designated site available to the ‘‘(b) The United States Merchant Marine Academy Government of the United States for the duration and pursuant to [former] 46 U.S.C. [App.] 1295b(b)(6) [see 46 level of use specified. U.S.C. 51304], provided that the provisions of 46 U.S.C. ‘‘(b) With respect to any site not specifically identi- [App.] 1295b(b)(6)(C) [now 46 U.S.C. 51304(b)(2)] shall not fied in the separate agreement referred to in Section apply to the enrollment of students pursuant to Sec- 321, the Government of the United States shall inform tion 342(b) of this Compact. the Government of Palau, which shall make the des- ‘‘Article V ignated site available to the Government of the United ‘‘General Provisions States for the duration and level of use specified, or shall make available one alternative site acceptable to ‘‘Section 351 the Government of the United States. If such alter- ‘‘(a) The Government of the United States and the native site is unacceptable to the Government of the Government of Palau shall establish a joint committee United States, the site first designated shall be made empowered to consider disputes which may arise under available after such determination. the implementation of this Title and its related agree- ‘‘(c) Compensation in full for designation, establish- ments. ment or use of defense sites is provided in Title Two of ‘‘(b) The membership of the joint committee shall this Compact. comprise selected senior officials of each of the partici- § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 300 pating Governments. The senior United States military ‘‘(c) Approval by the Government of the United commander in the Pacific area shall be the senior States in accordance with its constitutional processes. United States member of the joint committee. For the ‘‘Article II meetings of the joint committee, each of the Govern- ments may designate additional or alternate represent- ‘‘Conference and Dispute Resolution atives as appropriate for the subject matter under con- ‘‘Section 421 sideration. ‘‘The Government of the United States and the Gov- ‘‘(c) Unless otherwise mutually agreed, the joint com- ernment of Palau shall confer promptly at the request mittee shall meet semi-annually at a time and place to of the other on matters relating to the provisions of be designated, after appropriate consultation, by the this Compact or of its related agreements. Government of the United States. The joint committee ‘‘Section 422 also shall meet promptly upon request of either of its ‘‘In the event the Government of the United States or members. Upon notification by the Government of the the Government of Palau, after conferring pursuant to United States, the joint committee shall meet prompt- Section 421, determines that there is a dispute and ly in combined session with other such joint commit- gives written notice thereof, the Governments shall tees so notified. The joint committee shall follow such make a good faith effort to resolve the dispute among procedures, including the establishment of functional themselves. subcommittees, as the members may from time to time agree. ‘‘Section 423 ‘‘(d) Unresolved issues in the joint committee shall be ‘‘If a dispute between the Government of the United referred to the Government of the United States and States and the Government of Palau cannot be resolved the Government of Palau for resolution, and the Gov- within 90 days of written notification in the manner ernment of Palau shall be afforded, on an expeditious provided in Section 422, either party to the dispute may basis, an opportunity to raise its concerns with the refer it to arbitration in accordance with Section 424. United States Secretary of Defense personally regard- ‘‘Section 424 ing any unresolved issue which threatens its continued ‘‘Should a dispute be referred to arbitration as pro- association with the Government of the United States. vided for in Section 423, an arbitration board shall be ‘‘Section 352 established for the purpose of hearing the dispute and ‘‘In the exercise of its authority and responsibility rendering a decision which shall be binding upon the under this Compact, the Government of the United two parties to the dispute unless the two parties mutu- States shall accord due respect to the authority and re- ally agree that the decision shall be advisory. Arbitra- sponsibility of the Government of Palau under this tion shall occur according to the following terms: ‘‘(a) An arbitration board shall consist of a chairman Compact and to the responsibility of the Government and two other members, each of whom shall be a citizen of Palau to assure the well-being of Palau and its peo- of a party to the dispute and each of the two parties to ple. The Government of the United States and the Gov- the dispute shall appoint one member to the arbitra- ernment of Palau agree that the authority and respon- tion board. If either party to the dispute does not fulfill sibility of the United States set forth in this Title are the appointment requirements of this Section within 30 exercised for the mutual security and benefit of Palau days of referral of the dispute to arbitration pursuant and the United States, and that any attack on Palau to Section 423, its member on the arbitration board would constitute a threat to the peace and security of shall be selected from its own standing list by the other the entire region and a danger to the United States. In party to the dispute. Each government shall maintain the event of such an attack, or threat thereof, the Gov- a standing list of 10 candidates. The parties to the dis- ernment of the United States would take action to pute shall jointly appoint a chairman within 15 days meet the danger to the United States and Palau in ac- after selection of the other members of the arbitration cordance with its constitutional processes. board. Failing agreement on a chairman, the chairman ‘‘Section 353 shall be chosen by lot from the standing lists of the ‘‘(a) The Government of the United States shall not parties to the dispute within 5 days after such failure. include the Government of Palau as a named party to ‘‘(b) The arbitration board shall have jurisdiction to a formal declaration of war, without the consent of the hear and render its final determination on all disputes Government of Palau. arising exclusively under Articles I, II, III, IV, and VI ‘‘(b) Absent such consent, this Compact is without of Title One, Title Two, Title Four and their related prejudice, on the ground of belligerence or the exist- agreements. ence of a state of war, to any claims for damages which ‘‘(c) Each member of the arbitration board shall have are advanced by the citizens, nationals or Government one vote. Each decision of the arbitration board shall of Palau which arise out of armed conflict subsequent be reached by majority vote. to the effective date of this Compact and which are: ‘‘(d) In determining any legal issue, the arbitration ‘‘(1) petitions to the Government of the United board may have reference to international law and, in States for redress; or such reference, shall apply as guidelines the provisions ‘‘(2) claims in any manner against the government, set forth in Article 38 of the Statute of the Inter- citizens, nationals or entities of any third country. national Court of Justice. ‘‘(c) Petitions under Section 353(b)(1) shall be treated ‘‘(e) The arbitration board shall adopt such rules for as if they were made by citizens of the United States. its proceedings as it may deem appropriate and nec- essary, but such rules shall not contravene the provi- ‘‘TITLE FOUR sions of this Compact. Unless the parties provide other- ‘‘GENERAL PROVISIONS wise by mutual agreement, the arbitration board shall endeavor to render its decision within 30 days after the ‘‘Article I conclusion of arguments. The arbitration board shall ‘‘Approval and Effective Date make findings of fact and conclusions of law and its ‘‘Section 411 members may issue dissenting or individual opinions. ‘‘This Compact shall come into effect upon mutual Except as may be otherwise decided by the arbitration agreement between the Government of the United board, one-half of all costs of the arbitration shall be States, acting in fulfillment of its responsibilities as borne by the Government of the United States and the Administering Authority of the Trust Territory of the remainder shall be borne by the Government of Palau. Pacific Islands, and the Government of Palau, subse- ‘‘Article III quent to completion of the following: ‘‘(a) Approval by the Government of Palau in accord- ‘‘Amendment and Review ance with its constitutional processes; ‘‘Section 431 ‘‘(b) Approval by the people of Palau in a referendum ‘‘The provisions of this Compact may be amended at called on this Compact; and any time by mutual agreement of the Government of Page 301 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1931 the United States and the Government of Palau in ‘‘(a) The provisions of Section 311, even if Title Three accordance with their respective constitutional pro- should terminate, are binding and shall remain in ef- cesses. fect for a period of 50 years and thereafter until termi- ‘‘Section 432 nated or otherwise amended by mutual consent; ‘‘(b) The related agreements referred to in Article II ‘‘Upon the fifteenth and thirtieth and fortieth anni- of Title Three shall remain in effect in accordance with versaries of the effective date of this Compact, the Gov- their terms; and ernment of the United States and the Government of ‘‘(c) The Government of the United States reaffirms Palau shall formally review the terms of this Compact its continuing interest in promoting the long-term eco- and its related agreements and shall consider the over- nomic advancement and self-sufficiency of the people of all nature and development of their relationship. In Palau. these formal reviews, the governments shall consider the operating requirements of the Government of Palau ‘‘Section 454 and its progress in meeting the development objectives ‘‘Any provision of this Compact which remains in ef- set forth in the plan referred to in Section 231(a). The fect by operation of Section 452 shall be construed and governments commit themselves to take specific meas- implemented in the same manner as prior to any termi- ures in relation to the findings of conclusions resulting nation of this Compact pursuant to Section 442 or 443. from the review. Any alteration to the terms of this ‘‘Article VI Compact or its related agreements shall be made by mutual agreement and the terms of this Compact and ‘‘Definition of Terms its related agreements shall remain in force until ‘‘Section 461 otherwise amended or terminated pursuant to Title ‘‘For the purpose of this Compact the following terms Four of this Compact. shall have the following meanings: ‘‘(a) ‘Trust Territory of the Pacific Islands’ means ‘‘Article IV the area established in the Trusteeship Agreement con- ‘‘Termination sisting of the administrative districts of Kosrae, Yap, ‘‘Section 441 Palau, Ponape, the Marshall Islands and Truk as de- ‘‘This Compact may be terminated by mutual agree- scribed in Title One, Trust Territory Code, Section 1, in ment and subject to Section 451. force on January 1, 1979. This term does not include the area of the Northern Mariana Islands. ‘‘Section 442 ‘‘(b) ‘Trusteeship Agreement’ means the agreement ‘‘This Compact may be terminated by the Govern- setting forth the terms of trusteeship for the Trust Ter- ment of the United States subject to Section 452, such ritory of the Pacific Islands, approved by the Security termination to be effective on the date specified in the Council of the United Nations April 2, 1947, and by the notice of termination by the Government of the United United States July 18, 1947, entered into force July 18, States but not earlier than six months following deliv- 1947, 61 Stat. 3301, T.I.A.S. 1665, 8 U.N.T.S. 189. ery of such notice. The time specified in the notice of ‘‘(c) ‘Palau’ is used in a geographic sense and includes termination may be extended. the land and water areas to the outer limits of the ter- ‘‘Section 443 ritorial sea and the air space above such areas as now ‘‘This Compact shall be terminated, pursuant to its or hereafter recognized by the Government of the constitutional processes, by the Government of Palau United States consistent with the Compact and its re- subject to Section 452 if the people of Palau vote in a lated agreements. plebiscite to terminate. The Government of Palau shall ‘‘(d) ‘Government of Palau’ means the Government notify the Government of the United States of its in- established and organized by the Constitution of Palau tention to call such a plebiscite which shall take place including all the political subdivisions and entities not earlier than three months after delivery of such no- comprising that Government. ‘‘(e) ‘Habitual Residence’ means a place of general tice. The plebiscite shall be administered by such gov- abode or a principal, actual dwelling place of a continu- ernment in accordance with its constitutional and leg- ing or lasting nature; provided, however, that this term islative processes, but the Government of the United shall not apply to the residence of any person who en- States may send its own observers and invite observers tered the United States for the purpose of full time from a mutually agreed party. If a majority of the valid studies as long as such person maintains that status, or ballots cast in the plebiscite favors termination, such who has been physically present in the United States or government shall, upon certification of the results of Palau for less than one year, or who is a dependent of the plebiscite, give notice of termination to the Gov- a resident representative, as described in Section 152. ernment of the United States, such termination to be ‘‘(f) For the purposes of Article IV of Title One of this effective on the date specified in such notice but not Compact: earlier than three months following the date of deliv- ‘‘(1) ‘Actual Residence’ means physical presence in ery of such notice. The time specified in the notice of Palau during eighty-five percent of the period of resi- termination may be extended. dency required by Section 141(a)(3); and ‘‘Article V ‘‘(2) ‘Certificate of Actual Residence’ means a cer- tificate issued to a naturalized citizen by the Govern- ‘‘Survivability ment which has naturalized him stating that the citi- ‘‘Section 451 zen has complied with the actual residence require- ‘‘Should termination occur pursuant to Section 441, ment of Section 141(a)(3). economic assistance by the Government of the United ‘‘(g) ‘Defense Sites’ means those land and water areas States shall continue on mutually agreed terms. and improvements thereon in Palau reserved or ac- ‘‘Section 452 quired by the Government of Palau for use by the Gov- ernment of the United States, as set forth in the relat- ‘‘Should termination occur pursuant to Section 442 or ed agreements referred to in Section 321. 443, the following provisions of this Compact shall re- ‘‘(h) ‘Capital Account’ means, for each year of the main in full force and effect until the fiftieth anniver- Compact, those portions of the total grant assistance sary of the effective date of this Compact and there- provided in Article I of Title Two, which are to be obli- after as mutually agreed: gated for: ‘‘(a) Article I and Section 233 of Title Two; ‘‘(1) the construction or major repair of capital in- ‘‘(b) Title Three; and frastructure; or ‘‘(c) Articles II, III, V and VI of Title Four. ‘‘(2) public and private sector projects identified in ‘‘Section 453 the official overall economic development plan. ‘‘Notwithstanding any other provision of this Com- ‘‘(i) ‘Current Account’ means, for each year of the pact: Compact, those portions of the total grant assistance § 1931 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 302 provided in Article I of Title Two, which are to be obli- all of their respective responsibilities in accordance gated for recurring operational activities including in- with the terms of this Compact and its related agree- frastructure maintenance as identified in the annual ments. The Governments pledge that they are so com- budget justifications submitted yearly to the Govern- mitted. ment of the United States. ‘‘(b) The Government of the United States and the ‘‘(j) ‘Official National Development Plan’ means the Government of Palau shall take all necessary steps, of documented program of annual development which a general or particular character, to ensure, not later identifies the specific policy and project activities nec- than the effective date of this Compact, that their essary to achieve a specified set of economic goals and laws, regulations and administrative procedures are objectives during the period of free association, con- such as to effect the commitments referred to in Sec- sistent with the economic assistance authority in Title tion 471(a). Two. Such a document should include an analysis of ‘‘(c) Without prejudice to the effects of this Compact population trends, manpower requirements, social under international law, this Compact has the force needs, gross national product estimates, resource utili- and effect of a statute under the laws of the United zation, infrastructure needs and expenditures, and the States. specific private sector projects required to develop the ‘‘Section 472 local economy of Palau. Project identification should include initial cost estimates, with project purposes re- ‘‘This Compact may be accepted, by signature or lated to specific development goals and objectives. otherwise, by the Government of the United States and ‘‘(k) ‘Tariff Schedules of the United States’ means the Government of Palau. Each government shall pos- the Tariff Schedules of the United States as amended sess an original English language version. from time to time and as promulgated pursuant to ‘‘IN WITNESS THEREOF, the undersigned, duly au- United States law and includes the Tariff Schedules of thorized, have signed this Compact of Free Association the United States Annotated (TSUSA), as amended. which shall come into effect in accordance with its ‘‘(l) ‘Vienna Convention on Diplomatic Relations’ terms between the Government of the United States means the Vienna Convention on Diplomatic Relations, and the Government of Palau. done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500 ‘‘DONE AT llllllllll, THIS lll DAY U.N.T.S. 95. ‘‘OF , ONE THOUSAND NINE HUNDRED EIGHTY-FIVE ‘‘Section 462 ll ‘‘The Government of the United States and the Gov- ‘‘FOR THE GOVERNMENT ernment of Palau shall conclude related agreements which shall come into effect and shall survive in ac- ‘‘OF cordance with their terms, and which shall be con- ‘‘THE UNITED STATES OF AMERICA strued and implemented in a manner consistent with this Compact, as follows: ‘‘llllllllllll ‘‘(a) Agreement Regarding the Provision of Tele- communication Services by the Government of the ‘‘DONE AT llllllllll, THIS lll DAY United States to Palau Concluded Pursuant to Section ‘‘OF ll, ONE THOUSAND NINE HUNDRED EIGHTY-FIVE 131 of the Compact of Free Association; ‘‘(b) Agreement Regarding the Operation of Tele- ‘‘FOR THE GOVERNMENT communication Services of the Government of the United States in Palau, Concluded Pursuant to Section ‘‘OF 132 of the Compact of Free Association; ‘‘(c) Agreement on Extradition, Mutual Assistance in ‘‘THE REPUBLIC OF PALAU Law Enforcement Matters and Penal Sanctions Con- ‘‘llllllllllll’’. cluded Pursuant to Section 175 of the Compact of Free [For transfer of authorities, functions, personnel, and Association; assets of the Coast Guard, including the authorities ‘‘(d) Agreement Regarding United States Economic and functions of the Secretary of Transportation relat- Assistance to the Government of Palau Concluded Pur- ing thereto, to the Department of Homeland Security, suant to Section 211(f) of the Compact of Free Associa- and for treatment of related references, see sections tion; 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- ‘‘(e) Agreement Regarding Construction Projects in rity, and the Department of Homeland Security Reor- Palau Concluded Pursuant to Section 212(a) of the Com- ganization Plan of November 25, 2002, as modified, set pact of Free Association; out as a note under section 542 of Title 6.] ‘‘(f) Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title PROC. NO. 6726. PLACING INTO FULL FORCE AND EFFECT Two and Section 232 of the Compact of Free Associa- COMPACT OF FREE ASSOCIATION WITH REPUBLIC OF tion; PALAU ‘‘(g) Agreement Regarding Property Turnover, Con- cluded Pursuant to Section 234 of the Compact of Free Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, provided: Association; Since July 18, 1947, the United States has adminis- ‘‘(h) Agreement Regarding the Military Use and Oper- tered the United Nations Trust Territory of the Pacific ating Rights of the Government of the United States in Islands (‘‘Trust Territory’’), which has included the Palau Concluded Pursuant to Sections 321 and 322 of Northern Mariana Islands, the Federated States of Mi- the Compact of Free Association; and cronesia, the Marshall Islands, and Palau. ‘‘(i) Status of Forces Agreement Concluded Pursuant On November 3, 1986, a Covenant between the United to Section 323 of the Compact of Free Association. States and the Northern Mariana Islands [48 U.S.C. 1801 ‘‘(j) Agreement regarding the Jurisdication [sic] and note] came into force. This Covenant established the Sovereignty of the Republic of Palau over its Territory Commonwealth of the Northern Mariana Islands as a and the Living and Non-living Resources of the Sea. self-governing Commonwealth in political union with and under the sovereignty of the United States. ‘‘Article VII On October 21, 1986, in the case of the Republic of the ‘‘Concluding Provisions Marshall Islands, and on November 3, 1986, in the case of the Federated States of Micronesia, Compacts of ‘‘Section 471 Free Association with the United States [48 U.S.C. 1901 ‘‘(a) The Government of the United States and the note] became effective. Under the Compacts, the Fed- Government of Palau agree that they have full author- erated States of Micronesia and the Republic of the ity under their respective constitutions to enter into Marshall Islands became self-governing sovereign this Compact and its related agreements and to fulfill states, in free association with the United States. Fol- Page 303 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1933 lowing the changes in political status of the Northern 1994, at one minute past one o’clock p.m. local time in Mariana Islands, the Marshall Islands, and the Fed- Palau. This constitutes the determination referred to erated States of Micronesia, the Trusteeship Agree- in section 1002 of the Covenant with the Northern Mari- ment ceased to be applicable to those entities and only ana Islands (Public Law 94–241). Palau remained as the Trust Territory of the Pacific Is- SEC. 2. The Compact of Free Association with the Re- lands. public of Palau will be in full force and effect as of Oc- On January 10, 1986, the Government of the United tober 1, 1994, at one minute past one o’clock p.m. local States and the Government of Palau concluded a Com- time in Palau. pact of Free Association [set out above] similar to SEC. 3. I am gratified that the people of the Republic those that the United States entered into with the Re- of Palau, after 47 years of Trusteeship, have freely cho- public of the Marshall Islands and with the Federated sen to establish a relationship of Free Association with States of Micronesia. As in those instances, it was spec- the United States. ified that the Compact with Palau would come into ef- IN WITNESS WHEREOF, I have hereunto set my fect upon (1) mutual agreement between the Govern- hand this twenty-seventh day of September, in the year ment of the United States, acting in fulfillment of its of our Lord nineteen hundred and ninety-four, and of responsibilities as Administering Authority of the the Independence of the United States of America the Trust Territory of the Pacific Islands, and the Govern- two hundred and nineteenth. ment of Palau; (2) the approval of the Compact by the WILLIAM J. CLINTON. two Governments, in accordance with their constitu- tional processes; and (3) the approval of the Compact by § 1932. Extension of Compact of Free Association plebiscite in Palau. to Palau In Palau the Compact has been approved by the Gov- ernment in accordance with its constitutional proc- (a) The interpretation of and United States esses and by a United Nations-observed plebiscite on Policy Regarding the Compact of Free Associa- November 9, 1993, a sovereign act of self-determination. tion set forth in section 1904 of this title shall In the United States the Compact was approved by Public Law 99–658 of November 14, 1986 [48 U.S.C. 1931 et apply to the Compact of Free Association with seq.], and Public Law 101–219 of December 12, 1989 [48 Palau. U.S.C. 1951 et seq.]. (b) The provisions of section 1905 of this title, On May 25, 1994, the Trusteeship Council of the except for subsection (i), section 1906 of this United Nations concluded that the Government of the title, section 1910 of this title, and section United States had satisfactorily discharged its obliga- 1911(a) and (d) of this title shall apply to Palau tions as the Administering Authority under the terms in the same manner and to the same extent as of the Trusteeship Agreement and that the people of Palau had freely exercised their right to self-deter- such sections apply to the Marshall Islands. mination and considered that it was appropriate for the (Pub. L. 99–658, title I, § 102, Nov. 14, 1986, 100 Trusteeship Agreement to be terminated. The Council Stat. 3675.) asked the United States to consult with the Govern- ment of Palau and to agree on a date, on or about Octo- REFERENCES IN TEXT ber 1, 1994, for entry into force of their new status The Compact of Free Association with Palau, referred agreement. On July 15, 1994, the Government of the United States to in subsec. (a), is the Compact of Free Association be- and the Government of the Republic of Palau agreed, tween the United States and the Government of Palau, pursuant to section 411 of the Compact of Free Associa- which is contained in section 201 of Pub. L. 99–658, set tion, that as between the United States and the Repub- out as a note under section 1931 of this title. lic of Palau, the effective date of the Compact shall be CODIFICATION October 1, 1994. As of this day, September 27, 1994, the United States Section was formerly set out as a note under section has fulfilled its obligations under the Trusteeship 1681 of this title. Agreement with respect to the Republic of Palau. On October 1, 1994, the Compact will enter into force be- § 1933. Supplemental provisions tween the United States and the Republic of Palau, and (a) Civic Action Teams Palau will thereafter be self-governing and no longer subject to the Trusteeship. In taking these actions, the (1) In recognition of the special development United States is implementing the freely expressed needs of Palau and the Marshall Islands, the wishes of the people of Palau. United States shall make available United NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- States military Civic Action Teams for use in dent of the United States of America, by the authority Palau or the Marshall Islands under terms and vested in me by the Constitution and laws of the United States, including sections 101 and 102 of the conditions mutually agreed upon by the Govern- Joint Resolution to approve the ‘‘Compact of Free As- ment of the United States and the Governments sociation’’ between the United States and the Govern- of Palau or the Marshall Islands, as appropriate. ment of Palau, and for other purposes, approved on No- The Government of Palau may use the amount vember 14, 1986 (Public Law 99–658) [48 U.S.C. 1931, 1932], of $250,000 annually from current account funds and section 101 of the Joint Resolution to authorize provided pursuant to section 211 of the Compact entry into force of the Compact of Free Association be- to defray expenditures attendant to the oper- tween the United States and the Government of Palau, ation of the Civic Action Teams made available and for other purposes, approved on December 12, 1989 (Public Law 101–219) [48 U.S.C. 1951], and pursuant to pursuant to this subsection. The Government of section 1002 of the Covenant to Establish a Common- the Marshall Islands may use the amount of wealth of the Northern Mariana Islands in Political $250,000 annually from current account funds Union with the United States of America [48 U.S.C. 1801 provided under section 211 of Title Two of the note], and consistent with sections 101 and 102 of the Compact of Free Association with the Marshall Joint Resolution to approve the ‘‘Compact of Free As- Islands to defray expenditures attendant to the sociation’’ and for other purposes, approved on January operation of the Civic Action Teams made avail- 14, 1986 (Public Law 99–239) [48 U.S.C. 1901, 1902], do able pursuant to this subsection. hereby find, declare, and proclaim as follows: SECTION 1. I determine that the Trusteeship Agree- (2) For expenditures that the Department of ment for the Pacific Islands will be no longer in effect Defense makes pursuant to paragraph (1), the with respect to the Republic of Palau as of October 1, Secretary of Defense may accept up to the § 1933 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 304 amount of $250,000 in annual funds from the Gov- (e) Power generation ernment of Palau as specified in paragraph (1). Neither the Secretary of the Treasury nor any Funds accepted by the Secretary from the Gov- other officer or agent of the United States shall ernment of Palau under this paragraph shall be pay or transfer any portion of the sum and credited to and merged with appropriations amounts payable to the Government of Palau available to the Department of Defense and pursuant to this joint resolution to any party shall be used to defray expenditures attendant other than the Government of Palau, except to the operation of the United States military under the procedures established by the Com- Civic Action Team in Palau. Funds so credited pact and its related agreements. No funds appro- and merged shall be available for the same time period as the appropriations to which the funds priated pursuant to the Compact, this Act, or are credited and merged. any other Act for grants or other assistance to Palau may be used to satisfy any obligation or (b) Inventory and study of natural, historic, and expense incurred by Palau prior to November 14, other resources 1986, with respect to any contract or debt relat- The Secretary of the Interior shall conduct, ed to any electrical generating plant or related upon request of Palau, the Federated States of facilities entered into or incurred by Palau Micronesia or the Marshall Islands, and through which has not been specifically authorized by the Director of the National Park Service, a Congress in advance, except that the Govern- comprehensive inventory and study of the most ment of Palau may use any portion of the an- unique and significant natural, historical, cul- nual grant under section 211(b) 1 not required to tural, and recreational resources of Palau, the be devoted to the energy needs of those parts of Federated States of Micronesia or the Marshall Palau not served by its central power generating Islands. Areas or sites exhibiting such qualities facilities and any portion of the funds under sec- shall be described and evaluated with the objec- tion 212(b) of the Compact for such purpose. tive of the preservation of their values and their careful use and appreciation by the public, along (f) Reduction of appropriations with a determination of their potential for at- Amounts appropriated to be paid pursuant to tracting tourism. Alternative methodologies for section 177 of Article I of Title One or Articles such preservation and use shall be developed for I and III of Title Two of the Compact of Free As- each area or site (including continued assistance sociation with the Federated States of Microne- from the National Park Service); current or im- sia and the Marshall Islands, as set forth in pending damage or threats to the resources of Title II of the Compact of Free Association Act such areas or sites shall be identified and evalu- of 1985, or pursuant to section 103(h), 103(k), or ated; and authorities needed to properly protect 105(m) of such Act [48 U.S.C. 1903(h), (k), 1905(m)] and allow for public use and appreciation shall (Public Law 99–239), or pursuant to Article I of be identified and discussed. Such inventory and study shall be conducted in full cooperation and Title Two of the Compact with Palau, as set forth in Title II of this joint resolution, or sub- consultation with affected governmental offi- 2 cials and the interested public. A full report on section (l) of this section shall not be reduced, such inventory and study shall be transmitted notwithstanding Public Law 99–177, Public Law to Palau or the Federated States of Micronesia 99–366, and other law enacted to implement Pub- or the Marshall Islands, the Committee on Inte- lic Law 99–177, or any other provision of law. rior and Insular Affairs of the United States (g) Understandings, interpretations, and policy House of Representatives and the Committee on statements Energy and Natural Resources of the United States Senate no later than two complete cal- The Congress reaffirms all of the understand- endar years after November 14, 1986. The inven- ings, interpretations, and policy statements tory and study shall also identify areas or sites contained in Public Law 99–239 (99 Stat. 1770) [48 which, if they were located in the United States, U.S.C. 1901 et seq., 2001 et seq.]. Congressional would qualify to be listed on the Registry of Resolution 4–60 adopted by the 4th Congress of Natural Landmarks and the National Register of the Federated States of Micronesia on March 26, Historic Places. 1986 and Resolution No. 62 adopted by the (c) Omitted Nitijela of the Marshall Islands on February 18, 1986 do not exclude, limit or modify any provi- (d) Peleliu and Angaur sion of the Compact of Free Association as ap- Not later than one year after November 14, proved by the United States. To the extent that 1986, the Secretary of Agriculture, after appro- any understandings, interpretations, and policy priate studies conducted in consultation with statements contained in such Resolutions are the Government of Palau, shall report to the inconsistent with the provisions of Public Law President and the Congress concerning the fea- 99–239, the United States does not concur there- sibility and cost of rehabilitating and restoring in. The President shall take such steps, includ- the fertility of the topsoil of the islands of ing but not limited to, communicating with the Peleliu and Angaur. Upon the request of the Governments of the Federated States of Micro- Government of Palau, the President shall make nesia and the Republic of the Marshall Islands, the report of the Secretary of Agriculture avail- as may be necessary to preserve all rights of the able to the Government of Palau. Technical as- United States in connection with interpretation sistance to accomplish such rehabilitation and and implementation of such Public Law. restoration, if feasible, may be provided to the Government of Palau on a nonreimbursable 1 So in original. Probably should be followed by ‘‘of the Com- basis, subject to the availability of appropriated pact’’. funds. 2 So in original. This section does not contain a subsec. (l). Page 305 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1933

(h) Additional provisions relating to Title Three scribed in section 103(h) of Public Law 99–239 of Compact represent special and continuing moral commit- (1) The Government of the United States rec- ments of the United States which will be annu- ognizes and respects the scarcity and special im- ally funded to the extent of the need of the pop- portance of land in Palau. In making any des- ulations of such atolls for such assistance. ignation of land pursuant to section 322 of the (Pub. L. 99–658, title I, § 104, Nov. 14, 1986, 100 Compact, the Government of the United States Stat. 3675; Pub. L. 101–219, title I, § 105, Dec. 12, shall follow the policy of requesting the mini- 1989, 103 Stat. 1871; Pub. L. 110–181, div. A, title mum area necessary to accomplish the required XII, § 1253, Jan. 28, 2008, 122 Stat. 402.) security and defense purpose, of requesting only REFERENCES IN TEXT the minimum interest in real property nec- The Compact, referred to in text, is the Compact of essary to support such purpose, and of request- Free Association between the United States and the ing first to satisfy the requirement through pub- Government of Palau, which is contained in section 201 lic real property, where available, rather than of Pub. L. 99–658, set out as a note under section 1931 of through private real property. this title. (2) The Armed Forces of other nations invited The Compact of Free Association with the Marshall to use military areas and facilities in Palau pur- Islands and the Compact of Free Association with the suant to section 312 of the Compact shall be per- Federated States of Micronesia and the Marshall Is- lands, referred to in subsecs. (a)(1) and (f), respectively, mitted only as it is incident to the authority are contained in the Compact of Free Association, and under the control of the United States. The which is contained in section 201 of Pub. L. 99–239, set activities of such third country forces shall be out as a note under section 1901 of this title. subject to the same limitations and restrictions This joint resolution and this Act, referred to in sub- applicable to the authority of the United States secs. (e), (f), and (i), is Pub. L. 99–658, Nov. 14, 1986, 100 under the terms of the Compact. Stat. 3672, as amended, which is classified generally to this part. Title II of this joint resolution enacted sec- (3) The Government of the United States con- tion 1934 of this title and provisions set out as a note siders ‘‘Exclusive use’’ areas established for the under section 1931 of this title. For complete classifica- United States pursuant to Title Three of the tion of this Act to the Code, see Tables. Compact to be ‘‘within the jurisdiction of The Compact of Free Association Act of 1985 and Pub- Palau,’’ as that term is used in section 324 of the lic Law 99–239, referred to in subsecs. (f), (g), and (i), is Compact. Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, which is classified principally to part A of subchapter (i) Availability of appropriations I of this chapter and chapter 19 (§ 2001 et seq.) of this Notwithstanding any other provision of law, title. For complete classification of this Act to the funds appropriated for the Compact of Free As- Code, see Short Title note set out under section 1901 of this title and Tables. sociation, Public Law 99–239 [48 U.S.C. 1901 et Public Law 99–177, referred to in subsec. (f), is Pub. L. seq., 2001 et seq.], or this joint resolution, in the 99–177, Dec. 12, 1985, 99 Stat. 1037, as amended. For com- act of making supplemental appropriations for plete classification of this Act to the Code, see Tables. fiscal year 1986, shall remain available until ex- Public Law 99–366, referred to in subsec. (f), is Pub. L. pended. 99–366, July 31, 1986, 100 Stat. 773. For complete classi- fication of this Act to the Code, see Tables. (j) Authority to contract or make payments The Compact of Free Association, referred to in sub- (1), (2) Omitted secs. (g) and (i), probably means the Compact of Free (3) No authority under this subsection to enter Association between the Government of the United into contracts or to make payments shall be ef- States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is con- fective except to the extent and in such amounts tained in section 201 of Pub. L. 99–239, set out as a note as provided in advance in appropriations Acts. under section 1901 of this title. Any provision of this subsection which author- izes the enactment of new budget authority CODIFICATION shall be effective only for fiscal years beginning Section was formerly set out as a note under section after September 30, 1985. 1681 of this title. Section is comprised of section 104 of Pub. L. 99–658. (k) Annual report Subsec. (c) of section 104 of Pub. L. 99–658 amended sec- The Departments of Energy and Interior are tion 1905 of this title. Subsec. (j)(1) and (2) of section 104 directed to provide the Committees on Appro- of Pub. L. 99–658 amended sections 460ff–3 and 460ff–5 of priations of the House and Senate with a report Title 16, Conservation. by December 1 of each fiscal year detailing how AMENDMENTS funds were spent during the previous fiscal year 2008—Subsec. (a). Pub. L. 110–181 designated existing for the special medical care and logistical sup- provisions as par. (1) and added par. (2). port program for Rongelap and Utrik and for the 1989—Subsec. (e). Pub. L. 101–219 amended subsec. (e) agriculture and food programs for Eniwetok and generally. Prior to amendment, subsec. (e) read as fol- Bikini as referenced in Section 103(h) of Public lows: ‘‘Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or Law 99–239 [48 U.S.C. 1903(h)]. The report shall transfer any portion of the sums and amounts payable also specify the anticipated needs during the to the Government of Palau pursuant to this joint reso- current and following fiscal years in order to lution to any party other than the Government of meet the radiological health care and logistical Palau. The provisions of section 174(a) of the Compact support program for Rongelap and Utrik and the shall apply with respect to any action based on a con- planting, agricultural maintenance, and food tract or debt related to any electrical generating plant programs for Eniwetok and Bikini. It is the or related facilities entered into or incurred by Palau prior to the date of enactment of this joint resolution.’’ sense of the Congress that the special medical care and logistical support program for CHANGE OF NAME Rongelap and Utrik and for the agriculture and Committee on Interior and Insular Affairs of House of food programs for Eniwetok and Bikini de- Representatives changed to Committee on Natural Re- § 1934 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 306 sources of House of Representatives by House Resolu- CHANGE OF NAME tion No. 5, One Hundred Third Congress, Jan. 5, 1993. Words ‘‘magistrate judges’’ and ‘‘Magistrate Judges’’ § 1934. Jurisdiction substituted for ‘‘magistrates’’ and ‘‘Magistrates’’, re- spectively, wherever appearing in subsec. (c)(3) pursu- (a) Maritime and territorial jurisdiction ant to section 321 of Pub. L. 101–650, set out as a note With respect to section 321 of the Compact of under section 631 of Title 28, Judiciary and Judicial Free Association and its related agreements, the Procedure. jurisdictional provisions set forth in subsection PART B—IMPLEMENTATION OF COMPACT (b) of this section shall apply only to the citi- zens and nationals of the United States and § 1951. Entry into force of Compact aliens lawfully admitted to the United States for permanent residence who are in Palau. Notwithstanding the provisions of Section 101(d)(1)(B) of Public Law 99–658 [48 U.S.C. (b) Defense sites 1931(d)(1)(B)], entry into force of the Compact of The defense sites of the United States estab- Free Association between the United States and lished in Palau in accordance with the Compact Palau (set forth in title II of Public Law 99–658 of Free Association and its related agreements and hereafter in this joint resolution referred to are within the special maritime and territorial as the ‘‘Compact’’) in accordance with sub- jurisdiction of the United States as set forth in sections (a) and (d) of section 101 of Public Law section 7, title 18. 99–658 (100 Stat. 3673) [48 U.S.C. 1931(a), (d)] is (c) Offenses hereby authorized— (1) Any person referred to in subsection (a) of (1) subject to the condition that the Com- this section who within or upon such defense pact, as approved by the Congress in Public sites is guilty of any act or omission which, al- Law 99–658, is approved by the requisite per- though not made punishable by any enactment centage of the votes cast in a referendum con- of Congress, would be punishable if committed ducted pursuant to the Constitution of Palau, or omitted within the jurisdiction of the terri- and such approval is free from any legal chal- tory of Guam by the laws thereof, in force at the lenge, and time of such act or omission, shall be guilty of (2) upon expiration of 30 days, in which ei- a like offense and subject to a like punishment. ther the House of Representatives or the Sen- (2) The District Court of Guam shall have ju- ate of the United States is in session, after the risdiction to try all criminal offenses against President notifies the Committees on Interior the United States, including the laws of Guam and Insular Affairs and Foreign Affairs of the made applicable to the defense sites in Palau by House of Representatives and the Committee virtue of subsection (c)(1) of this section, com- on Energy and Natural Resources of the Sen- mitted by any person referred to in subsection ate of the effective date of the Compact. (a) of this section. (3) The District Court of Guam may appoint (Pub. L. 101–219, title I, § 101, Dec. 12, 1989, 103 one or more magistrate judges for the defense Stat. 1870.) sites in Palau. Such Magistrate Judges shall REFERENCES IN TEXT have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title Public Law 99–658, referred to in text, is Pub. L. 28: Provided however, That such Magistrate 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is classified generally to part A of this subchapter. Title Judges shall have the power to try persons ac- II of Pub. L. 99–658 enacted section 1934 of this title and cused of, and sentence persons convicted of, provisions set out as a note under section 1931 of this petty offenses, as defined in section 1(3),1 title title. For complete classification of this Act to the 18, including violations of regulations for the Code, see Tables. maintenance of peace, order, and health issued The Compact of Free Association between the United by the Commanding Officer on such defense States and Palau, referred to in text, is contained in sites, without being subject to the restrictions section 201 of Pub. L. 99–658, set out as a note under sec- provided for in section 3401(b), title 18. tion 1931 of this title. This joint resolution, referred to in text, is Pub. L. (Pub. L. 99–658, title II, § 202, Nov. 14, 1986, 100 101–219, Dec. 12, 1989, 103 Stat. 1870, which enacted this Stat. 3704; Pub. L. 101–650, title III, § 321, Dec. 1, part and sections 1846 and 1972 of this title, amended 1990, 104 Stat. 5117.) sections 1615 and 1933 of this title and section 3791 of Title 42, The Public Health and Welfare, and enacted REFERENCES IN TEXT provisions set out as a note under section 1905 of Title The Compact of Free Association, referred to in sub- 44, Public Printing and Documents. For complete clas- secs. (a) and (b), is the Compact of Free Association be- sification of this joint resolution to the Code, see tween the United States and the Government of Palau, Tables. which is contained in section 201 of Pub. L. 99–658, set For Oct. 1, 1994, as the effective date of the Compact, out as a note under section 1931 of this title. referred to in par. (2), see Proc. No. 6726, Sept. 27, 1994, Section 1 of title 18, referred to in subsec. (c)(3), was 59 F.R. 49777, set out as a note under section 1931 of this repealed by Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, title. 1984, 98 Stat. 2027. CODIFICATION CODIFICATION Section was formerly set out as a note under section Section was formerly set out as a note under section 1681 of this title. 1681 of this title. Section was enacted as part of title II of Pub. L. CHANGE OF NAME 99–658, not as part of title I of Pub. L. 99–658 which com- Committee on Interior and Insular Affairs of House of prises this part. Representatives changed to Committee on Natural Re- sources of House of Representatives by House Resolu- 1 See References in Text note below. tion No. 5, One Hundred Third Congress, Jan. 5, 1993. Page 307 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1956

§ 1952. Fiscal procedures assistance (2) that the Government of Palau or the Gov- ernment of the United States may agree to Upon request of the Government of Palau, the provide specific resources, on a one-time or a Secretary of the Interior shall provide assist- multiyear basis, to strengthen the antidrug ance to the Government of Palau to develop and program; and promulgate regulations for the effective expend- (3) a specific description of the technical as- iture of funds received pursuant to this joint sistance, training, and equipment to be pro- resolution, Public Laws 99–658 [48 U.S.C. 1931 et vided to Palau by the United States necessary seq.] and 99–239 [48 U.S.C. 1901 et seq., 2001 et to implement the plan. seq.], or any other Act of Congress. (Pub. L. 101–219, title I, § 103, Dec. 12, 1989, 103 (Pub. L. 101–219, title I, § 102, Dec. 12, 1989, 103 Stat. 1870.) Stat. 1870.) CODIFICATION REFERENCES IN TEXT Section was formerly set out as a note under section This joint resolution, referred to in text, is Pub. L. 1681 of this title. 101–219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and sections 1846 and 1972 of this title, amended CHANGE OF NAME sections 1615 and 1933 of this title and section 3791 of Committee on Interior and Insular Affairs of House of Title 42, The Public Health and Welfare, and enacted Representatives changed to Committee on Natural Re- provisions set out as a note under section 1905 of Title sources of House of Representatives by House Resolu- 44, Public Printing and Documents. For complete clas- tion No. 5, One Hundred Third Congress, Jan. 5, 1993. sification of this joint resolution to the Code, see Tables. § 1954. Public auditor and special prosecutor Public Law 99–658, referred to in text, is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is (a) 1 Upon request of the Government of Palau classified generally to part A of this subchapter. For the President shall provide, on a nonreimburs- complete classification of this Act to the Code, see able basis, appropriate technical assistance to Tables. the public auditor or special prosecutor. The as- Public Law 99–239, referred to in text, is Pub. L. sistance provided pursuant to this subsection for 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, known as the first five years after the effective date of the the Compact of Free Association Act of 1985, which is classified principally to part A of subchapter I of this Compact shall, upon the request of the Govern- chapter and chapter 19 (§ 2001 et seq.) of this title. For ment of Palau, and to the extent personnel are complete classification of this Act to the Code, see available, include (but not be limited to) the full Short Title note set out under section 1901 of this title time services of— and Tables. (1) an auditor or accountant, as determined by the public auditor, for the office of public CODIFICATION auditor; and Section was formerly set out as a note under section (2) an attorney or investigator, as deter- 1681 of this title. mined by the special prosecutor, for the office of special prosecutor. § 1953. Antidrug program (Pub. L. 101–219, title I, § 104, Dec. 12, 1989, 103 (a) Plan Stat. 1871.) The Department of the Interior shall develop, REFERENCES IN TEXT in cooperation with the Government of Palau and the National Drug Control Policy Office, a For Oct. 1, 1994, as the effective date of the Compact, plan for an antidrug program in Palau. The plan referred to in text, see Proc. No. 6726, Sept. 27, 1994, 59 shall be submitted to the Committees on Inte- F.R. 49777, set out as a note under section 1931 of this title. rior and Insular Affairs, Foreign Affairs, and Ap- propriations of the House of Representatives and CODIFICATION the Committees on Energy and Natural Re- Section was formerly set out as a note under section sources and Appropriations of the Senate by 1681 of this title. April 1, 1990. The plan shall: (1) identify the spe- cific needs and costs of such an antidrug pro- § 1955. Audit certification gram; (2) shall identify all existing resources to The chief officer of any agency conducting an be allocated for its implementation by the Gov- audit pursuant to paragraph (1) of sections ernment of the United States and the Govern- 1902(c) and 1903(m) of this title and section ment of Palau; and (3) shall recommend priority 1931(d)(1)(C) of this title shall certify that audit. use for additional resources, assuming such re- sources are made available. (Pub. L. 101–219, title I, § 106, Dec. 12, 1989, 103 Stat. 1871.) (b) Agreement CODIFICATION Following completion of the plan, the Presi- dent and the Government of Palau shall nego- Section was formerly set out as a note under section tiate an agreement to facilitate implementation 1681 of this title. of the plan. Such agreement may include— § 1956. Acquisition of defense sites (1) that the Government of Palau may re- quest, on a long-term or case-by-case basis, The provisions of title III of the Compact re- that the officers of United States law enforce- lating to future use by the United States of de- ment agencies may conduct investigations fense sites in Palau do not restrict the authority consistent with implementation of the plan in of the President of the United States to— cooperation with the law enforcement agen- cies of the Government of Palau; 1 So in original. No subsec. (b) has been enacted. § 1957 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 308

(1) request additional funding, subject to ap- REFERENCES IN TEXT propriation, related to the use of privately The Compact, referred to in text, is the Compact of owned land in Palau pursuant to article II of Free Association between the United States and the title III of the Compact as may be appropriate Government of Palau, which is contained in section 201 in light of actual land use requirements, inde- of Pub. L. 99–658, set out as a note under section 1931 of pendent appraisals of such privately owned this title. land accepted by both governments, and other CODIFICATION appropriate documentation of actual land use costs; and Section was formerly set out as a note under section 1681 of this title. (2) consent to an extension of the time set forth in a subsidiary agreement to such article § 1959. Agreements in which the Government of Palau is required to make such land available to the United (a) Effective date of certain agreements States. An agreement between the United States and the Government of the Republic of Palau con- (Pub. L. 101–219, title I, § 107, Dec. 12, 1989, 103 sistent with the agreements approved by Public Stat. 1872.) Law 101–62 (101 1 Stat. 162) shall take effect with- REFERENCES IN TEXT out further authorization thirty days after sub- The Compact, referred to in text, is the Compact of mission to Congress. Free Association between the United States and the (b) Extensions Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of The provisions of article IX, paragraph 5(a) of this title. the Agreement referred to in section 462(e) of the Compact of Free Association as approved by CODIFICATION Public Law 99–239, and article IX, paragraph 5(a) Section was formerly set out as a note under section of the agreement referred to in section 462(f) of 1681 of this title. the Compact of Free Association for Palau as approved by Public Law 99–658, are extended, in § 1957. Federal programs coordination personnel accordance with the terms thereof, until Octo- The Secretary of the Interior shall station at ber 1, 1998, unless earlier terminated or further least one professional staff person in each of the extended by the laws of the United States. Offices of the United States Representatives in (c) Authorization the Republic of Palau, the Federated States of Funding to implement the provisions of this Micronesia, and the Republic of the Marshall Is- part, and for assistance to the central health lands to provide Federal program coordination care facility and the prison in Palau, and the of- and technical assistance to such governments as fices of Public Auditor and Special Prosecutor authorized under Public Laws 99–239 [48 U.S.C. as proposed in the agreement entitled ‘‘Agree- 1901 et seq., 2001 et seq.] and 99–658 [48 U.S.C. 1931 ment Concerning Special Programs related to et seq.]. In meeting the purposes of this section the Entry into Force of the Compact of Free As- the Secretary shall select qualified persons fol- sociation Between the Government of the lowing consultations with the Interagency United States and the Government of the Repub- Group on Freely Associated State Affairs. lic of Palau’’ signed on May 26, 1989, shall be (Pub. L. 101–219, title I, § 108, Dec. 12, 1989, 103 available pursuant to the authorization in sec- Stat. 1872.) tion 105(c) of Public Law 99–239 [48 U.S.C. 1905(c)] REFERENCES IN TEXT as referenced by section 102(b) of Public Law 99–658 [48 U.S.C. 1932(b)] or from funds appro- Public Law 99–239, referred to in text, is Pub. L. priated for technical assistance to the Secretary 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, known as the Compact of Free Association Act of 1985, which is of the Interior. classified principally to part A of subchapter I of this (Pub. L. 101–219, title I, § 110, Dec. 12, 1989, 103 chapter and chapter 19 (§ 2001 et seq.) of this title. For Stat. 1872.) complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title REFERENCES IN TEXT and Tables. Public Law 101–62, referred to in subsec. (a), is Pub. L. Public Law 99–658, referred to in text, is Pub. L. 101–62, July 26, 1989, 103 Stat. 162, which is set out as a 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is note under section 1901 of this title. classified generally to part A of this subchapter. For The Compact of Free Association as approved by Pub- complete classification of this Act to the Code, see lic Law 99–239, referred to in subsec. (b), is the Compact Tables. of Free Association between the Government of the CODIFICATION United States and the Governments of the Marshall Is- lands and the Federated States of Micronesia, which is Section was formerly set out as a note under section contained in section 201 of Pub. L. 99–239, set out as a 1681 of this title. note under section 1901 of this title. § 1958. Referendum costs The Compact of Free Association for Palau as ap- proved by Public Law 99–658, referred to in subsec. (b), The Secretary of the Interior shall provide is the Compact of Free Association between the United such sums as may be necessary for a further ref- States and the Government of Palau, which is con- erendum on approval of the Compact, if one is tained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. required, or other appropriate costs associated Public Law 99–239, referred to in subsec. (b), is Pub. with the approval process in Palau. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, known (Pub. L. 101–219, title I, § 109, Dec. 12, 1989, 103 Stat. 1872.) 1 So in original. Probably should be ‘‘103’’. Page 309 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1961 as the Compact of Free Association Act of 1985, which propriation account shall remain available until is classified principally to part A of subchapter I of this expended. chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see (Pub. L. 101–219, title I, § 111, Dec. 12, 1989, 103 Short Title note set out under section 1901 of this title Stat. 1873.) and Tables. Public Law 99–658, referred to in subsec. (b), is Pub. L. REFERENCES IN TEXT 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is The Compact, referred to in subsecs. (a) and (b), is the classified generally to part A of this subchapter. For Compact of Free Association between the United States complete classification of this Act to the Code, see and the Government of Palau, which is contained in Tables. section 201 of Pub. L. 99–658, set out as a note under sec- This part, referred to in subsec. (c), was in the origi- tion 1931 of this title. nal ‘‘this title’’, meaning title I of Pub. L. 101–219, Dec. For Oct. 1, 1994, as the date the Compact of Free As- 12, 1989, 103 Stat. 1870, which enacted this part and sociation with Palau entered into full force and effect, amended section 1933 of this title. For complete classi- referred to in subsecs. (a)(1), (2), (4) and (b), see Proc. fication of this title to the Code, see Tables. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title. CODIFICATION Public Law 99–349, referred to in subsecs. (a)(5) and Section was formerly set out as a note under section (b), is Pub. L. 99–349, July 2, 1986, 100 Stat. 710, as 1681 of this title. amended. For complete classification of this Act to the Code, see Tables. § 1960. Modification of energy assistance funding Public Law 99–658, referred to in subsec. (b), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is (a) Fulfillment of United States obligations classified generally to part A of this subchapter. For The President is authorized to negotiate and complete classification of this Act to the Code, see conclude an agreement, including the obligation Tables. of United States funds, with the Government of Public Law 101–121, referred to in subsec. (c), is Pub. Palau which shall provide the following: L. 101–121, Oct. 23, 1989, 103 Stat. 701, as amended. Provi- sions relating to the Trust Territory of the Pacific Is- (1) The sum of $28,000,000, adjusted by section lands appear at 103 Stat. 717. For complete classifica- 215 of the Compact at the time of its availabil- tion of this Act to the Code, see Tables. ity to Palau, shall be provided to Palau pursu- ant to section 211(b) of the Compact and upon CODIFICATION entry into force of the Compact. Section was formerly set out as a note under section (2) Palau shall pay to the United States, on 1681 of this title. or before the 15th anniversary of the effective PALAU ROAD MAINTENANCE date of the Compact, an amount equal to the net economic cost to the United States of Pub. L. 110–229, title VIII, § 808, May 8, 2008, 122 Stat. 874, provided that: making available the section 211(b) funds in ‘‘The Government of the Republic of Palau may de- the manner specified in this subsection rather posit the payment otherwise payable to the Govern- than as provided in section 211(b). ment of the United States under section 111 of Public (3) Such economic cost shall reflect the time Law 101–219 (48 U.S.C. 1960) into a trust fund if— value of money and be determined using the ‘‘(1) the earnings of the trust fund are expended rate determined for an equivalent loan by the solely for maintenance of the road system con- Federal Financing Bank as of the date these structed pursuant to section 212 of the Compact of Free Association between the Government of the funds are advanced, and using an inflation United States of America and the Government of rate consistent with the determinations made Palau (48 U.S.C. 1931 note); and under the provisions of section 215 of the Com- ‘‘(2) the trust fund is established and operated pur- pact. suant to an agreement entered into between the Gov- (4) If the Government of Palau has not paid ernment of the United States and the Government of such net economic costs to the United States the Republic of Palau.’’ by the 15th anniversary of the effective date of § 1961. Submission of agreements the Compact, then the United States shall be automatically paid such sums from the fund Any agreement concluded with the Govern- established under section 211(f) of the Com- ment of Palau pursuant to this joint resolution pact. including the agreement entitled ‘‘Agreement (5) The provision of section 211(b) funds, as Concerning Special Programs related to the appropriated by Public Law 99–349 and pursu- Entry into Force of the Compact of Free Asso- ant to this subsection, shall be in fulfillment ciation Between the Government of the United of all United States obligations under such States and the Government of the Republic of section 211(b) of the Compact and shall be sub- Palau’’ signed on May 26, 1989, and any agree- ject to section 236 of the Compact. ment which would amend, change, or terminate (b) Adjustment and payment any such agreement, or portion thereof, shall be submitted to the Congress and may not take ef- Subject to the provisions of subsection (a) of fect until after 30 days after the date on which this section and upon the request of the Govern- such agreement is so submitted. An amendment ment of Palau, the sum of $28 million appro- or agreement substituting or in addition to the priated by Public Law 99–349 to fulfill the obli- subsidiary agreement negotiated under section gations of the United States under section 211(b) 212(a) of the Compact or its annex shall take ef- of the Compact (approved in Public Law 99–658), fect only when approved by an Act of Congress. adjusted by section 215 of such Compact, shall be provided to Palau upon entry into force of the (Pub. L. 101–219, title I, § 112, Dec. 12, 1989, 103 Compact. Stat. 1873.) (c) Availability of appropriation account REFERENCES IN TEXT Funding provided in Public Law 101–121 under This joint resolution, referred to in text, is Pub. L. the ‘‘Trust Territory of the Pacific Islands’’ ap- 101–219, Dec. 12, 1989, 103 Stat. 1870, which enacted this § 1962 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 310 part and sections 1846 and 1972 of this title, amended tion by the High Commissioner of the Trust Ter- sections 1615 and 1933 of this title and section 3791 of ritory of the Pacific Islands that such property Title 42, The Public Health and Welfare, and enacted is surplus to the needs of the government of the provisions set out as a note under section 1905 of Title Trust Territory of the Pacific Islands, which 44, Public Printing and Documents. For complete clas- declaration shall be approved, if applicable, by sification of this joint resolution to the Code, see Tables. the head of the agency of the Government of the The Compact, referred to in text, is the Compact of United States having administrative respon- Free Association between the United States and the sibility for the property. Government of Palau, which is contained in section 201 (c) Property held in trust of Pub. L. 99–658, set out as a note under section 1931 of If no government exists in Palau on December this title. 24, 1980, that is capable of receiving title to such CODIFICATION property in its own name, the government of the Section was formerly set out as a note under section Trust Territory of the Pacific Islands shall hold 1681 of this title. such property in trust for the prospective gov- ernment of Palau until such government is es- § 1962. Transition funding tablished. For the purposes of applying section 1905(c)(2) (Pub. L. 96–597, title IV, § 402, Dec. 24, 1980, 94 of this title to Palau, the terms ‘‘fiscal year Stat. 3478; Pub. L. 97–357, title II, § 201, Oct. 19, 1987’’, ‘‘fiscal year 1988’’, and ‘‘fiscal year 1989’’ 1982, 96 Stat. 1706.) in section 104(c) of Public Law 99–658 shall be CODIFICATION deemed to be the first, second, and third fiscal Section was formerly set out as a note under section years, respectively, beginning after the effective 1681 of this title. date of the Compact. AMENDMENTS (Pub. L. 101–219, title I, § 113, Dec. 12, 1989, 103 1982—Subsec. (a). Pub. L. 97–357, substituted ‘‘by a Stat. 1873.) date not later than ninety days following termination REFERENCES IN TEXT of the trusteeship agreement governing the administra- tion of the Trust Territory of the Pacific Islands,’’ for Section 104(c) of Public Law 99–658, referred to in ‘‘by October 1, 1982,’’. text, is section 104(c) of Pub. L. 99–658, title I, Nov. 14, 1986, 100 Stat. 3676, which amended section 1905 of this TERMINATION OF TRUST TERRITORY OF THE PACIFIC title. ISLANDS For Oct. 1, 1994, as the effective date of the Compact For termination of Trust Territory of the Pacific Is- of Free Association with Palau referred to in text, see lands, see note set out preceding section 1681 of this Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a title. note under section 1931 of this title. § 1972. Controlled substances in freely associated CODIFICATION states Section was formerly set out as a note under section (a) In general 1681 of this title. The President is authorized to negotiate SUBCHAPTER III—MISCELLANEOUS agreements which provide— PROVISIONS (1) that the United States shall carry out the provisions of part C of the Controlled Sub- § 1971. Transfer of surplus personal property stances Act (21 U.S.C. 821 et seq.) as necessary owned by United States to provide for the lawful distribution of con- (a) Transfer to Northern Mariana Islands, Palau, trolled substances in the freely associated Marshall Islands, and Federated States of Mi- states; and cronesia (2) that a freely associated state which insti- tutes and maintains a voluntary system to re- Notwithstanding any other provision of law, port annual estimates of narcotics needs to subject to valid existing rights, and subject to the International Narcotics Control Board, subsection (b) of this section, all right, title, and and which imposes controls on imports of nar- interest of the Government of the United States cotic drugs consistent with the Single Conven- in personal property situated in the Trust Terri- tion on Narcotic Drugs, 1961, shall be eligible tory of the Pacific Islands and of the govern- for exports of narcotic drugs from the United ment of the Trust Territory of the Pacific Is- States in the same manner as a country meet- lands in personal property wherever located ing the requirements of subsection (a) of sec- shall be transferred, without reimbursement, by tion 953 1 of title 21. a date not later than ninety days following ter- (b) Effective date mination of the trusteeship agreement govern- ing the administration of the Trust Territory of Agreements concluded pursuant to this sec- the Pacific Islands, to the government of the tion shall become effective pursuant to section Northern Mariana Islands, Palau, the Marshall 1901(f)(5) of this title or section 1931(d)(5) of this Islands, or the Federated States of Micronesia title, as may be applicable. according to a list of distribution established by (Pub. L. 101–219, title II, § 201, Dec. 12, 1989, 103 the High Commissioner of the Trust Territory of Stat. 1874.) the Pacific Islands in consultation with the re- REFERENCES IN TEXT cipient government. The Controlled Substances Act, referred to in subsec. (b) Declaration that property is surplus (a)(1), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. Personal property referred to in subsection (a) of this section shall be transferred upon declara- 1 See References in Text note below. Page 311 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 2002

1242, as amended. Part C of the Act is classified gener- Sec. ally to part C (§ 821 et seq.) of subchapter I of chapter 2002. Reports. 13 of Title 21, Food and Drugs. For complete classifica- 2003. Conference. tion of this Act to the Code, see Short Title note set 2004. Administrative matters. out under section 801 of Title 21 and Tables. Section 953 of title 21, referred to in subsec. (a)(2), § 2001. Findings was in the original ‘‘section 1003 of the Controlled Sub- The Congress finds that— stances Act’’, and was translated as reading ‘‘section (1) the United States does not have a clearly 1003 of the Controlled Substances Import and Export Act’’, meaning section 1003 of title III of Pub. L. 91–513, defined policy for United States noncontig- to reflect the probable intent of Congress. uous Pacific areas (including the Common- wealth of the Northern Mariana Islands, CODIFICATION American Samoa, Guam, the State of Hawaii, Section was formerly set out as a note under section and the State of Alaska) and for United 1681 of this title. States-associated noncontiguous Pacific areas § 1973. Freely Associated State Air Carrier (including the Federated States of Micronesia, the Marshall Islands, and Palau); (a) In furtherance of the objectives of the (2) the Federal Government has often failed Compact of Free Association Act of 1985 (Public to consider the implications for, effects on, Law 99–239) [48 U.S.C. 1901 et seq., 2001 et seq.] and potential of noncontiguous Pacific areas and notwithstanding any other provision of law, in the formulation and conduct of foreign and a Freely Associated State Air Carrier shall not domestic policy, to the detriment of both the be precluded from providing transportation, be- attainment of the objectives of Federal policy tween a place in the United States and a place and noncontiguous Pacific areas; in a state in free association with the United (3) policies and programs designed for the States or between two places in such a freely as- United States as a whole may impose inappro- sociated state, by air of persons (and their per- priate standards on noncontiguous Pacific sonal effects) and property procured, contracted areas because of their unique circumstances for, or otherwise obtained by any executive de- and needs; and partment or other agency or instrumentality of (4) the present Federal organizational ar- the United States for its own account or in fur- rangements for liaison with (and providing as- therance of the purposes or pursuant to the sistance to) the insular areas may not be ade- terms of any contract, agreement, or other spe- quate— cial arrangement made or entered into under (A) to coordinate the delivery of Federal which payment is made by the United States or programs and services to noncontiguous Pa- payment is made from funds appropriated, cific areas; owned, controlled, granted, or conditionally (B) to provide a consistent basis for admin- granted, or utilized by or otherwise established istration of programs; for the account of the United States, or shall be (C) to adapt policy to the special require- furnished to or for the account of any foreign ments of each area and modify the applica- nation, or any international agency, or other or- tion of Federal programs, laws, and regula- ganization of whatever nationality, without pro- tions accordingly; visions for reimbursement. (D) to be responsive to the Congress in the (b) The term ‘‘Freely Associated State Air discharge of its responsibilities; and Carrier’’ shall apply exclusively to a carrier re- (E) to attain the international obligations ferred to in Article IX(5)(b) of the Federal Pro- of the United States. grams and Services Agreement concluded pursu- ant to Article II of Title Two and Section 232 of (Pub. L. 99–239, title III, § 301, Jan. 14, 1986, 99 the Compact of Free Association. Stat. 1836.) (Pub. L. 102–247, title III, § 303, Feb. 24, 1992, 106 CODIFICATION Stat. 39.) Section was formerly set out as a note under section 1681 of this title. REFERENCES IN TEXT The Compact of Free Association Act of 1985, referred § 2002. Reports to in subsec. (a), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. (a) Submission 1770, as amended, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 Not later than one year after January 14, 1986, et seq.) of this title. For complete classification of this and each five years thereafter, the Secretary of Act to the Code, see Short Title note set out under sec- the Interior, in consultation with the Secretary tion 1901 of this title and Tables. of State, shall submit to the Congress and the The Compact of Free Association, referred to in sub- President a report on United States noncontig- sec. (b), probably means the Compact of Free Associa- uous Pacific areas policy together with such rec- tion between the Government of the United States and the Governments of the Marshall Islands and the Fed- ommendations as may be necessary to accom- erated States of Micronesia, which is contained in sec- plish the objectives of such policy. tion 201 of Pub. L. 99–239, set out as a note under sec- (b) Contents tion 1901 of this title. The reports required in subsection (a) of this CODIFICATION section shall set forth clearly defined policies Section was formerly set out as a note under section regarding United States, and United States as- 1681 of this title. sociated, noncontiguous Pacific areas, includ- ing— CHAPTER 19—PACIFIC POLICY REPORTS (1) the role of and impacts on the noncontig- Sec. uous Pacific areas in the formulation and con- 2001. Findings. duct of foreign policy; § 2003 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS Page 312

(2) the applicability of standards contained Interior, in consultation with the Secretary of in Federal laws, regulations, and programs to State, shall convene a conference to obtain the the noncontiguous Pacific areas and any modi- views of the noncontiguous Pacific areas on the fications which may be necessary to achieve matters required to be addressed in such reports. the intent of such laws, regulations, and pro- (b) Participants grams consistent with the unique character of the noncontiguous Pacific areas; Representatives of each of the noncontiguous (3) the effectiveness of the Federal executive Pacific areas; and the heads of all executive de- organizational arrangements for— partments and agencies, and other public and (A) providing liaison between the Federal private organizations concerned with the non- Government and the governments of the contiguous Pacific areas as requested by the noncontiguous Pacific areas; Secretary of the Interior shall be entitled to be (B) coordinating Federal actions in a man- participants in the conference. ner which recognizes the unique circum- (c) Written comments stances and needs of the noncontiguous Pa- The Secretary of the Interior shall afford par- cific areas; and ticipants in the conference an opportunity to (C) achieving the objective of Federal pol- submit written comments for inclusion in the icy and ensuring that the Congress receives reports required under section 2002 of this title. the information necessary to discharge its responsibilities; and (Pub. L. 99–239, title III, § 303, Jan. 14, 1986, 99 Stat. 1837.) (4) actions which may be needed to facilitate the economic and social health and develop- CODIFICATION ment of the noncontiguous Pacific areas, con- Section was formerly set out as a note under section sistent with their self-determined objectives. 1681 of this title. (Pub. L. 99–239, title III, § 302, Jan. 14, 1986, 99 Stat. 1837.) § 2004. Administrative matters

CODIFICATION (a) Administrative support Section was formerly set out as a note under section The Secretary of the Interior shall provide all 1681 of this title. necessary administrative support to accomplish the requirements of sections 2002 and 2003 of this TERMINATION OF REPORTING REQUIREMENTS title. For termination, effective May 15, 2000, of provisions (b) Authorization of appropriations in this section relating to the requirement to submit a report to Congress every five years, see section 3003 of There are authorized to be appropriated such Pub. L. 104–66, as amended, set out as a note under sec- sums as may be necessary to carry out the pro- tion 1113 of Title 31, Money and Finance, and the 14th visions of this chapter. item on page 112 of House Document No. 103–7. (Pub. L. 99–239, title III, § 304, Jan. 14, 1986, 99 § 2003. Conference Stat. 1837.)

(a) Meeting CODIFICATION Prior to submitting the reports required under Section was formerly set out as a note under section section 2002(b) of this title, the Secretary of the 1681 of this title.