“The peoples of the Marshall Islands and the Federated States of Micronesia, acting through the Governments established under their respective Constitutions, are self-governing.
Current through 119-36
Section, act July 1, 1902, ch. 1369, § 87, 32 Stat. 712, provided that the Division of Insular Affairs of the War Department should be known as the Bureau of Insular Affairs and prescribed its business.
By Ex. Ord. No. 6726, eff.
By Reorg. Plan No. II of 1939, § 4(d), eff.
Section, acts June 3, 1916, ch. 134, § 14, 39 Stat. 176; June 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, prescribed composition of Bureau of Insular Affairs.
Section, acts June 25, 1906, ch. 3528, 34 Stat. 456; June 4, 1920, ch. 227, subch. I, § 14, 41 Stat. 769, provided for appointment of Chief of Bureau.
Section 4, acts Mar. 2, 1907, ch. 2511, 34 Stat. 1162; Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail an Army officer to act as assistant to Chief of Bureau of Insular Affairs of War Department and directed that provisions of law as to transfer of officers of line to a department for tours of service would apply to vacancy created by this section and to return of detailed officer to Army.
Section 5, act Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail one additional Army officer as assistant to Chief of Bureau of Insular Affairs under same provisions in regard to vacancies and return as provided in section 4 of this title.
Alaska was admitted into the Union on
Pub. L. 85–508, National Forest Community Grant Application Number Area Name Est. Acres 209 Yakutat Airport Addition 111 264 Bear Valley (Portage) 120 284 Hyder-Fish Creek 61 310 Elfin Cove 37 384 Edna Bay Admin Site 37 390 Point Hilda 29. “ ‘(1) Shall Alaska immediately be admitted into the Union as a State? “ ‘(2) The boundaries of the State of Alaska shall be as prescribed in the Act of Congress approved __ (date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States. “ ‘(3) All provisions of the Act of Congress approved __ (date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Alaska, are consented to fully by said State and its people.’ “In the event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Alaska, ratified by the people at the election held on “The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Alaska, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. “Until the said State is so admitted into the Union, all of the officers of said Territory, including the Delegate in Congress from said Territory, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Alaska into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. “ ‘81A. Alaska’; “ ‘§ 81A. Alaska “ ‘Alaska constitutes one judicial district. “ ‘Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.’; “All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no suit, action, or prosecution shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Alaska in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said courts had been established prior to the accrual of said causes of action or the commission of such offenses; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Alaska.
Pub. L. 86–70, “ ‘(o) The term “continental United States” means the 49 States and the District of Columbia.’ “ ‘The term “State” means any one of the forty-nine States, the District of Columbia, Hawaii, or Puerto Rico.’; “ ‘(1) Continental United States.—The term “continental United States” means the District of Columbia and the States other than Alaska.’ “ ‘(b) Boundaries.—For the purpose mentioned in subsection (a), the President may subdivide any State, Territory, or the District of Columbia, or may unite into one district two or more States or a Territory and one or more States.’ “ ‘(4) the term “continental United States” means the States and the District of Columbia.’ “ ‘(c) The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State.’ “ ‘(f) the term “continental United States” means the States and the District of Columbia.’ “The Secretary may increase the capital grant for a project assisted under this section to not more than 90 per centum of net project cost where he determines that a major portion of the project area has either been rendered unusable as a result of the 1964 earthquake and subsequent seismic waves or is needed in order adequately to provide, in accordance with the urban renewal plan for the project, new locations for persons, businesses, and facilities displaced by the earthquake. (Added Pub. L. 88–451, § 4,
Pub. L. 88–451,
(As amended Pub. L. 91–367, § 2,
“
Ex. Ord. No. 11230, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of
Proc. No. 3269, eff.
WHEREAS the Congress of the United States by the act approved on
WHEREAS it appears from information before me that a majority of the legal votes cast at an election held on
WHEREAS it further appears from information before me that a general election was held on
WHEREAS the Acting Governor of Alaska has certified to me the results of the submission to the people of Alaska of the three propositions set forth in section 8(b) of the act of July 7, 1958 [set out above], and the results of the general election; and
WHEREAS I find and announce that the people of Alaska have duly adopted the propositions required to be submitted to them by the act of
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Alaska to entitle that State to admission into the Union have been complied with in all respects and that admission of the State of Alaska into the Union on an equal footing with the other States of the Union is now accomplished.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington at one minute past noon on this third day of January in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-third.
[
Ex. Ord. No. 10857, eff.
WHEREAS section 6(e) of the act of July 7, 1958, 72 Stat. 339, as amended [set out as a note above], provides that the administration and management of the fish and wildlife resources of Alaska shall be transferred to the State of Alaska on the first day of the first calendar year following the expiration of ninety calendar days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of such resources in the broad national interest; and
WHEREAS the Secretary of the Interior made such certification to the Congress on
WHEREAS section 45(a) of the Alaska Omnibus Act (73 Stat. 152) [set out as a note above] provides that if the President determines that any function performed by the Federal Government in Alaska has been terminated by the Federal Government and that performance of such function or substantially the same function has been or will be assumed by the State of Alaska, the President may, until
WHEREAS it appears that it would be in the public interest to delegate to the Secretary of the Interior, to the extent hereinafter indicated, the authority vested in the President by section 45(a) of the Alaska Omnibus Act:
NOW, THEREFORE, by virtue of the authority vested in me by section 45(a) of the Alaska Omnibus Act (73 Stat. 152) and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:
Readiness of United States District Court for District of Alaska to assume functions imposed upon it, see Ex. Ord. No. 10867, eff.
Sections 21 to 27, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 21, act Aug. 24, 1912, ch. 387, § 1, 37 Stat. 512, provided for organization and administration of Territory of Alaska.
Section 22, act Aug. 24, 1912, ch. 387, § 2, 37 Stat. 512, directed that Capital of Territory be at Juneau.
Section 23, act Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512, extended Constitution and laws of United States to Territory.
Section 24, acts Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512; July 28, 1956, ch. 772, title III, § 301(c), 70 Stat. 713, limited authority of Territorial legislature to repeal or amend existing laws.
Section 25, act June 6, 1900, ch. 786, § 30, 31 Stat. 332, empowered Attorney General to prescribe fees of officers not otherwise compensated.
Section 26, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, authorized governor to appoint notaries public.
Section 27, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, validated appointments of notaries public made prior to
Section, act June 6, 1900, ch. 786, § 17, 31 Stat. 328, related to residence, term of office, and removal from office of notaries public.
Sections 29 to 38, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 29, act June 6, 1900, ch. 786, §§ 22, 23, 31 Stat. 329, related to official bonds of notaries public.
Section 30, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, prescribed fee for issuance of notary public commission.
Section 31, act June 6, 1900, ch. 786, § 18, 31 Stat. 328, related to duties of notaries public.
Section 32, act June 6, 1900, ch. 786, § 19, 31 Stat. 329, provided for protests of bills or notes by notaries public.
Section 33, act June 6, 1900, ch. 786, § 24, 31 Stat. 329, related to liability of notaries public for misconduct or neglect.
Section 34, act June 6, 1900, ch. 786, § 20, 31 Stat. 329, directed notaries to deposit their records with district court on resignation, removal or death.
Section 35, act June 6, 1900, ch. 786, § 21, 31 Stat. 329, related to duty of clerk in safe-keeping records deposited.
Section 35a, acts Aug. 5, 1939, ch. 480, § 1, 53 Stat. 1219; Dec. 11, 1945, ch. 563, 59 Stat. 605, empowered postmasters to act as notaries public.
Section 35b, acts Aug. 5, 1939, ch. 480, § 2, 53 Stat. 1219; Dec. 11, 1945, ch. 563, 59 Stat. 606, provided for signature and seal of postmasters acting as notaries.
Section 35c, act Aug. 5, 1939, ch. 480, § 3, 53 Stat. 1219, related to fees of postmasters acting as notaries.
Section 36, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, prescribed fee for certificates issued to members of bar authorizing them to practice law.
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 Sitka.
Section 38, act Jan. 3, 1923, ch. 22, 42 Stat. 1106, related to repairs to wharf at Sitka.
Section, acts Mar. 4, 1907, ch. 2918, § 1, 34 Stat. 1338; May 24, 1922, ch. 199, 42 Stat. 584; Jan. 24, 1923, ch. 42, 42 Stat. 1205; June 5, 1924, ch. 264, 43 Stat. 427; Mar. 3, 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 handling and disposition of reindeer in Alaska.
Sections 40 and 41, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 40, act June 6, 1900, ch. 786, § 31, 31 Stat. 332, related to court rooms and offices of civil government.
Section 41, acts Jan. 27, 1905, ch. 277, § 1, 33 Stat. 616; May 14, 1906, ch. 2458, § 1, 34 Stat. 192; Feb. 6, 1909, ch. 80, § 7, 35 Stat. 601; Mar. 3, 1913, ch. 109, 37 Stat. 728, related to deposits to Alaska fund in Treasury Department.
Section, acts June 6, 1900, ch. 786, § 32, 31 Stat. 333; Mar. 3, 1905, ch. 1497, § 2, 33 Stat. 1266, provided for disbursements to Alaska Historical Library and Museum and prescribed contents thereof.
Sections 43 to 45, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 43, acts June 6, 1900, ch. 786, § 33, 31 Stat. 333; Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029, designated Alaska Historical Library and Museum as a depository of Government publications.
Section 44, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; June 3, 1948, ch. 396, 62 Stat. 302, limited amount of taxes that could be levied by incorporated towns or municipalities.
Section 44a, act May 28, 1936, ch. 467, § 1, 49 Stat. 1388, related to bonded indebtedness of municipalities for public works.
Section 44b, acts May 28, 1936, ch. 467, § 2, 49 Stat. 1388; June 14, 1937, ch. 337, 50 Stat. 258, related to approval by electors of bonded indebtedness incurred by municipal corporation.
Section 44c, act May 28, 1936, ch. 467, § 3, 49 Stat. 1388, provided for issuance, sale and redemption, and interest rates of bonds.
Section 44d, act May 28, 1936, ch. 467, § 4, 49 Stat. 1389, authorized tax levies for payment of bonds.
Section 44e, act May 28, 1936, ch. 467, § 5, 49 Stat. 1389, repealed conflicting laws.
Section 44f, act Mar. 6, 1946, ch. 52, § 1, 60 Stat. 33, authorized bonds for public works by municipalities and public utility districts.
Section 44g, act Mar. 6, 1946, ch. 52, § 2, 60 Stat. 33, related to issuance, sale and redemption, and interest rates on bonds for public works.
Section 44h, act Mar. 6, 1946, ch. 52, § 3, 60 Stat. 34, related to covenants in bonds issue for public works.
Section 44i, act Mar. 6, 1946, ch. 52, § 4, 60 Stat. 34, repealed laws inconsistent with sections 44f to 44i of this title.
Section 45, act Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514, prescribed residence qualifications for divorce actions.
Section, acts Feb. 6, 1909, ch. 80, § 7, 35 Stat. 601; Oct. 14, 1942, ch. 601, § 2, 56 Stat. 782; July 28, 1956, ch. 722, title III, § 301(b)(1), 70 Stat. 712, authorized Governor of Alaska or his designee to contract for care and custody of insane persons.
Sections 46–1 to 46–3, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 46–1, act July 28, 1956, ch. 772, title I, § 101, 70 Stat. 709, authorized territorial legislature to enact laws on subject of mental health.
Section 46–2, act July 28, 1956, ch. 772, title I, § 102, 70 Stat. 709, related to jurisdiction, functions and duties of commissioners and courts in carrying out section 46–1 of this title.
Section 46–3, act July 28, 1956, ch. 772, title II, § 202, 70 Stat. 711, prescribed a land-grant program for purpose of section 46–1 of this title.
Section, act Mar. 4, 1929, ch. 707, 45 Stat. 1644, provided for detailing of a Public Health Service medical officer to supervise care and maintenance of insane in Alaska and payment of his compensation and expenses.
Section 46b, act June 25, 1910, ch. 424, § 1, 36 Stat. 852, established detention hospitals at Fairbanks and Nome for temporary care and detention of insane.
Section 46c, acts Oct. 14, 1942, ch. 601, § 1, 56 Stat. 782;
Section 47, act Jan. 27, 1905, ch. 277, § 8, 33 Stat. 619, related to commitment of insane in Alaska, provided for compensation of commissioners, jurors, and witnesses, and prescribed method of payment of compensation, mileage, fees, and other expenses.
Section 47a, act Oct. 14, 1942, ch. 601, § 3, 56 Stat. 783, related to custody, use, and return of money and personal property of committed persons.
Section 47b, acts Oct. 14, 1942, ch. 601, § 6, 56 Stat. 783; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, related to discharge of patients from mental institutions, permitted leaves of absences to patients, and required issuance of suitable clothing upon discharge.
Section 47c, acts Oct. 14, 1942, ch. 601, § 7, 56 Stat. 784; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, authorized superintendent of any mental institution to board patients with private families, provided for inspection, and empowered superintendent to remove patients from boarding places.
Section 48, acts Oct. 14, 1942, ch. 601, § 9, 56 Stat. 785; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, provided for a statement of legal residence of insane persons in commitment papers, required return of nonresident patients, and for payment of expenses in connection with such return.
Section 48a, acts Oct. 14, 1942, ch. 601, § 9, 56 Stat. 785; July 21, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, required payment of expenses of care by patient, his legal representative, spouse, parents, or adult children.
Section, act Jan. 12, 1927, ch. 27, § 1, 44 Stat. 968, which provided for admission to hospitals in the Territory of Alaska was omitted in view of the admission of Alaska into the Union.
Section 50, acts Apr. 24, 1926, ch. 177, § 1, 44 Stat. 322; Oct. 14, 1942, ch. 601, § 4, 56 Stat. 783; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, related to disposition of unclaimed funds of insane persons.
Section 50a, acts Apr. 24, 1926, ch. 177, § 2, 44 Stat. 322; Oct. 14, 1942, ch. 601, § 5, 56 Stat. 783; July 28, 1956, ch. 772, title III, § 301(b)(1), 70 Stat. 712, related to funds which were subject to such claims.
Sections 50b to 50d–1, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 50b, act Mar. 7, 1928, ch. 137, § 1, 45 Stat. 239, authorized Secretary of the Interior to accept donations for school, medical, and reindeer service.
Section 50c, act May 14, 1930, ch. 273, § 1, 46 Stat. 321, related to availability of appropriations for education, medical relief, and reindeer.
Section 50d, act May 9, 1938, ch. 187, § 1, 52 Stat. 311, empowered Secretary of the Interior to authorize officers to incur obligations for benefit of natives prior to appropriation.
Section 50d–1, act June 1, 1944, ch. 220, § 1, 58 Stat. 266, empowered Secretary to authorize officers to incur obligations for benefit of natives in excess of current appropriations.
The Secretary of the Interior is authorized to purchase from appropriations made for the benefit of natives of Alaska, food, clothing, supplies, and materials for resale, under such rules and regulations as he may prescribe, to employees of the Department of the Interior stationed in Alaska and to natives of Alaska and native cooperative associations under his supervision. The proceeds from such sales shall be credited to the appropriation or appropriations current at the date of the deposit thereof into the Treasury and shall be available for the same purposes.
Pub. L. 102–154, title I,
After
Sections 50g to 58, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 50g, act Aug. 2, 1956, ch. 883, § 1, 70 Stat. 939, related to facilities at Alaska-Canadian border.
Section 50h, act Aug. 2, 1956, ch. 883, § 2, 70 Stat. 939, required site selected under section 50g of this title to consist of lands owned or controlled by the United States.
Section 50i, act Aug. 2, 1956, ch. 883, § 3, 70 Stat. 939, provided for arrangements for use of sites and facilities.
Section 50j, act Aug. 2, 1956, ch. 883, § 4, 70 Stat. 940, authorized appropriations for purposes of sections 50g to 50j of this title.
Section 51, act Mar. 3, 1927, ch. 363, § 1, 44 Stat. 1392, related to educational qualifications of voters and electors.
Section 52, act Mar. 3, 1927, ch. 363, § 2, 44 Stat. 1393, provided that inability to read and write was a ground for challenge at polls.
Section 53, act Mar. 3, 1927, ch. 363, § 3, 44 Stat. 1393, related to manner of proving ability to read and write.
Section 54, act Mar. 3, 1927, ch. 363, § 4, 44 Stat. 1393, related to exemption from provisions of section 51 of this title by reason of physical disability.
Section 55, act Mar. 3, 1927, ch. 363, § 5, 44 Stat. 1393, authorized election judges to mark ballots for voters physically incapable of marking ballots.
Section 56, act Mar. 3, 1927, ch. 363, § 6, 44 Stat. 1393, provided that persons refused permission to vote shall not make any further attempt to vote.
Section 57, act Mar. 3, 1927, ch. 363, § 7, 44 Stat. 1394, enumerated qualifications requisite to voting.
Section 58, act Mar. 3, 1927, ch. 363, § 8, 44 Stat. 1394, prescribed penalties for violation of sections 51 to 57 of this title.
Sections 61 to 64, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 61, acts June 6, 1900, ch. 786, § 2, 31 Stat. 321; May 29, 1928, ch. 901, § 1(109), 45 Stat. 994; July 25, 1947, ch. 332, § 1, 61 Stat. 459, authorized appointment of a Governor for Territory, and detailed his duties.
Section 62, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; Mar. 3, 1925, ch. 462, 43 Stat. 1181; Mar. 4, 1931, ch. 516, 46 Stat. 1530; June 25, 1948, ch. 646, § 13, 62 Stat. 987; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, related to appointment of Governor and his compensation. Acts
Section 63, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; June 25, 1948, ch. 646, § 13, 62 Stat. 987, related to expenses of Governor.
Section 64, act June 6, 1900, ch. 786, § 2, 31 Stat. 321, directed Governor to make an annual report to President, and empowered the President to confirm or annul acts of Governor.
Section, act Mar. 3, 1905, ch. 1497, § 3, 33 Stat. 1266, required bond from Secretary of Territory.
Section, act Mar. 4, 1931, ch. 516, 46 Stat. 1530, related to salary of secretary of Territory.
Sections 65b, 66, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 65b, act Apr. 3, 1944, ch. 155, § 1, 58 Stat. 187, prescribed salary of secretary of Territory.
Section 66, act Mar. 3, 1905, ch. 1497, § 1, 33 Stat. 1265, related to fees of secretary of Territory.
Section 67, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, provided that legislative power and authority of Territory shall be vested in a Senate and a House of Representatives.
Section 68, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, related to membership of Senate and terms of office of Senators.
Section 69, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1016, related to membership of House of Representatives.
Section 69a, act Aug. 24, 1912, ch. 387, § 4, as added Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1017, provided for establishment and adjustment of legislative districts.
Section 70, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1017, prescribed election procedure for senators and representatives.
Section 71, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1018, required Governor to order elections to fill vacancies in legislature.
Section 72, acts Aug. 24, 1912, ch. 387, § 4, 37 Stat. 513; Nov. 13, 1942, ch. 637, § 1, 56 Stat. 1018, prescribed salaries and mileage of members of legislature.
Sections 73 and 73a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 73, acts Aug. 24, 1912, ch. 387, § 5, 37 Stat. 513; Mar. 3, 1927, ch. 363, § 1, 44 Stat. 1392; Mar. 26, 1934, ch. 86, § 1, 48 Stat. 465, specified time of election of members of the legislature.
Section 73a, act Mar. 26, 1934, ch. 86, § 4, 48 Stat. 466, empowered legislature to change date of elections.
Section 74, acts Aug. 24, 1912, ch. 387, § 6, 37 Stat. 514; Apr. 18, 1940, ch. 105, § 1, 54 Stat. 111, related to convening of legislature, length of session, and extraordinary sessions.
Section 75, acts June 19, 1878, ch. 329, § 1, 20 Stat. 193; Aug. 24, 1912, ch. 387, § 7, 37 Stat. 514; Nov. 13, 1942, ch. 637, § 2, 56 Stat. 1018, related to organization of legislature, election of president of Senate and Speaker of House and subordinate officers.
Sections 76 to 92, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 76, act Aug. 24, 1912, ch. 387, § 8, 37 Stat. 514, specified enacting clause of all laws, and provided that no law shall embrace more than one subject.
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. 396, 62 Stat. 302, detailed general legislative power and limitation.
Section 78, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; June 3, 1948, ch. 396, 62 Stat. 302, required all taxes to be uniform.
Section 79, acts Aug. 24, 1912, ch. 387, § 9, 37 Stat. 514; June 3, 1948, ch. 396, 62 Stat. 302, limited amount of taxes for Territorial purposes.
Section 80, act Aug. 24, 1912, ch. 387, § 3, 37 Stat. 512, prohibited legislature from passing laws depriving judges, officers, etc. of district court of authority or jurisdiction.
Section 81, act Aug. 24, 1912, ch. 387, § 10, 37 Stat. 515, related to rules of legislature, quorum and majority.
Section 82, act Aug. 24, 1912, ch. 387, § 11, 37 Stat. 516, prohibited members of legislature from holding other office.
Section 83, act Aug. 24, 1912, ch. 387, § 11, 37 Stat. 516, prohibited persons holding appointment under the United States from being members of legislature or holding other Territorial office.
Section 84, act Aug. 24, 1912, ch. 387, § 12, 37 Stat. 516, specified exemptions and privileges of members of legislature.
Section 85, act Aug. 24, 1912, ch. 387, § 13, 37 Stat. 516, described manner of passage of laws.
Section 86, act Aug. 24, 1912, ch. 387, § 14, 37 Stat. 516, related to veto power of governor.
Section 87, acts Aug. 24, 1912, ch. 387, § 15, 37 Stat. 516; Nov. 13, 1942, ch. 637, § 3, 56 Stat. 1018, provided for legislative expenses.
Section 88, act Aug. 24, 1912, ch. 387, § 16, 37 Stat. 517, directed transmission of copies of law to the President and Secretary of State.
Section 89, act Aug. 24, 1912, ch. 387, § 16, 37 Stat. 517, required legislature to make provision for printing of laws and distribution in Territory.
Section 90, act Aug. 24, 1912, ch. 387, § 20, 37 Stat. 518, required all Territorial laws to be submitted to Congress.
Section 91, act Aug. 29, 1914, ch. 292, 38 Stat. 710, related to powers of courts and legislature.
Section 92, act Feb. 18, 1929, ch. 260, 45 Stat. 1228, directed all appropriations by legislature to be in conformity with sections 23, 24, 67 to 73, and 74 to 90 of this title.
Sections 101 to 122, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 101, acts June 6, 1900, ch. 786, § 4, 31 Stat. 322; Mar. 3, 1909, ch. 269, § 2, 35 Stat. 839; Mar. 2, 1921, ch. 110, 41 Stat. 1203; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716; June 1, 1948, ch. 363, 62 Stat. 283; June 25, 1948, ch. 646, § 9, 62 Stat. 986; Aug. 23, 1954, ch. 836, §§ 1, 2, 68 Stat. 772; Mar. 2, 1955, ch. 9, § 1(g), 69 Stat. 10; Aug. 1, 1955, ch. 443, 69 Stat. 430, established a district court for the District of Alaska and provided for its judges and divisions.
Section 101a was from a sentence added to R.S. § 5296 by act May 24, 1935, ch. 142, 49 Stat. 289. R.S. § 5296 was subsequently amended in full by act June 29, 1940, ch. 499, § 4, 54 Stat. 692, which failed to include provisions on the subject of that sentence or to refer to the 1935 amendment adding it. That sentence provided as follows:
Section 102, acts June 6, 1900, ch. 786, § 4, 31 Stat. 322; Mar. 3, 1909, ch. 269, § 2, 35 Stat. 839; Mar. 2, 1921, ch. 110, 41 Stat. 1203; Nov. 22, 1943, ch. 304, 57 Stat. 591, provided for terms of court, special terms, and employment of interpreters.
Section 103, act June 6, 1900, ch. 786, § 5, 31 Stat. 323, specified the jurisdiction of the divisions of court, and provided for change of venue.
Section 103a, act June 6, 1900, ch. 786, § 5a, as added July 18, 1949, ch. 343, § 1, 63 Stat. 445, made Federal Rules of Civil Procedure applicable to district court of Territory.
Section 104, act June 6, 1900, ch. 786, § 6, 31 Stat. 323, authorized appointment of clerks and commissioners.
Section 104a, act June 6, 1900, ch. 786, § 6, as added Apr. 13, 1954, ch. 136, 68 Stat. 52, authorized appointment of Deputy Commissioners, provided for their compensation, prescribed their powers and duties, and required the posting of a bond.
Section 105, acts June 6, 1900, ch. 786, § 12, 31 Stat. 326; June 25, 1948, ch. 646, §§ 1, 39, 62 Stat. 914, 926, 927, 996, required clerks and commissioners to post bonds.
Section 106, acts June 6, 1900, ch. 786, § 7, 31 Stat. 324; 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, detailed duties of clerk.
Section 107, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; June 25, 1948, ch. 646, §§ 13, 39, 62 Stat. 987, related to clerk’s fees, accounts, and clerical help.
Section 108, act June 6, 1900, ch. 786, § 6, 31 Stat. 323, directed that commissioners shall be ex officio justices of the peace, empowered them to grant writs of habeas corpus, and prescribed other powers and duties.
Section 109, acts June 6, 1900, ch. 786, § 8, 31 Stat. 324; Mar. 3, 1909, ch. 269, § 4, 35 Stat. 841; June 25, 1948, ch. 646, § 11, 62 Stat. 987, authorized appointment of district attorneys, specified residence requirements and prescribed their duties and salaries.
Section 110, acts June 6, 1900, ch. 786, §§ 9, 10, 31 Stat. 324, 325; June 25, 1948, ch. 646, §§ 12, 39, 62 Stat. 987, 992, authorized appointment of marshals and deputies and prescribed their duties and powers.
Section 111, acts Mar. 3, 1899, ch. 429, § 459, 30 Stat. 1336; Jan. 22, 1902, ch. 3, 32 Stat. 2, provided for increases in marshal’s bond.
Section 112, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; June 25, 1948, ch. 646, § 13, 62 Stat. 987, authorized appointment of attorneys, judges, and marshals.
Section 113, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; June 25, 1948, ch. 646, § 13, 62 Stat. 987, provided for manner of payment of salaries of judges, marshals, clerks, and district attorneys.
Section 114, acts June 6, 1900, ch. 786, § 10, 31 Stat. 325; Apr. 6, 1914, ch. 52, § 1, 38 Stat. 318; June 25, 1948, ch. 646, § 13, 62 Stat. 987, authorized traveling expenses.
Section 115, act Jan. 3, 1923, ch. 21, title II, 42 Stat. 1083, directed Attorney General to pay office expenses of United States marshals.
Section 116, acts June 6, 1900, ch. 786, § 11, 31 Stat. 326; Mar. 3, 1909, ch. 269, § 5, 35 Stat. 841, required preparation of accounts of fees and expenses.
Section 116a, acts Mar. 15, 1948, ch. 121, 62 Stat. 80; July 12, 1952, ch. 701, 66 Stat. 592; Aug. 1, 1956, ch. 864, 70 Stat. 921, related to fees of commissioners.
Section 117, act June 6, 1900, ch. 786, § 13, 31 Stat. 326, authorized establishment of recording districts, their modification or discontinuance, and removal of commissioner.
Section 118, act June 6, 1900, ch. 786, § 14, 31 Stat. 327, required keeping of record books and prescribed duties of recorders.
Section 119, act June 6, 1900, ch. 786, § 15 (part), 31 Stat. 327, specified instruments to be recorded.
Section 120, act June 6, 1900, ch. 786, § 16 (part), 31 Stat. 328, required accounts for fees for instruments recorded.
Section 121, act Aug. 29, 1914, ch. 292, 38 Stat. 710, provided for payment of costs of prosecuting crimes under Alaskan laws.
Section 122, act Apr. 11, 1928, ch. 353, 45 Stat. 422, exempted Territory from posting bond or undertaking in legal proceedings.
Section, act May 7, 1906, ch. 2083, § 1, 34 Stat. 169, which provided for a Delegate in the House of Representatives of the United States and prescribed his qualifications, was omitted in view of the admission of Alaska into the Union.
Section 132, act May 7, 1906, ch. 2083, § 2, 34 Stat. 170, prescribed term of office of Delegate to Congress.
Section 134, act May 7, 1906, ch. 2083, § 2, 34 Stat. 170, specified salary and allowances of Delegate.
Sections 135 to 149, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 135, act May 7, 1906, ch. 2083, § 3, 34 Stat. 170, provided for election of Delegate to Congress.
Section 136, act May 7, 1906, ch. 2083, § 4, 34 Stat. 170, related to election districts in towns.
Section 137, act May 7, 1906, ch. 2083, § 5, 34 Stat. 171, related to election districts outside of towns.
Section 138, act May 7, 1906, ch. 2083, § 6, 34 Stat. 171, prescribed composition of election boards.
Section 139, act May 7, 1906, ch. 2083, § 8, 34 Stat. 172, described manner of filling vacancies in office of judge of election.
Section 140, act May 7, 1906, ch. 2083, § 7, 34 Stat. 172, provided for election watchers.
Section 141, act May 7, 1906, ch. 2083, § 9, 34 Stat. 172, prescribed hours for voting and form of ballots.
Section 142, act May 7, 1906, ch. 2083, § 10, 34 Stat. 172, related to election challenges and to penalties for false swearing.
Section 143, act May 7, 1906, ch. 2083, § 11, 34 Stat. 173, provided for canvass of votes, certificates of result and care of documents.
Section 144, acts May 7, 1906, ch. 2083, § 12, 34 Stat. 173; Aug. 24, 1912, ch. 387, § 17, 37 Stat. 517, enumerated persons who compose canvassing board and provided for manner of conducting the canvass.
Section 144a, act Mar. 26, 1934, ch. 86, § 3, 48 Stat. 465, enumerated persons who compose canvassing board and provided for manner of conducting canvass.
Section 144b, act Mar. 26, 1934, ch. 86, § 4, 48 Stat. 466, empowered legislature to change personnel of canvassing board, date of meetings, and to prescribe its duties.
Section 145, acts Aug. 24, 1912, ch. 387, § 17, 37 Stat. 517; Mar. 26, 1934, ch. 86, § 1, 48 Stat. 465, prescribed date for holding elections to fill vacancies in office of Delegate.
Section 146, act May 7, 1906, ch. 2083, § 13, 34 Stat. 174, prescribed compensation of election judges and clerks.
Section 147, acts May 7, 1906, ch. 2083, § 13, 34 Stat. 174; May 25, 1950, ch. 199, 64 Stat. 191, authorized fees for publication for each election.
Section 148, act May 7, 1906, ch. 2083, § 14, 34 Stat. 174, provided for manner of audit and payment of election expenses.
Section 149, act May 7, 1906, ch. 2083, § 15, 34 Stat. 174, enumerated election offenses and prescribed penalties therefor.
Sections 161 to 170a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 161, act Jan. 27, 1905, ch. 277, § 3, 33 Stat. 617, named Governor as the ex officio superintendent of public instruction and empowered him to prescribe rules and regulations for examination and qualification of teachers.
Section 162, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; Mar. 3, 1905, ch. 1491, 33 Stat. 1262, authorized establishment of school districts in towns.
Section 163, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; Mar. 3, 1905, ch. 1491, 33 Stat. 1262, provided for school boards, their term of office and expenditures.
Section 164, acts Jan. 27, 1905, ch. 277, § 4, 33 Stat. 617; Mar. 3, 1905, ch. 1491, 33 Stat. 1262, empowered school boards to employ teachers and to provide for heating and lighting schoolhouses.
Section 165, act Jan. 27, 1905, ch. 277, § 6, 33 Stat. 619, required clerks of school districts to report to the Governor.
Section 166, act Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617, authorized establishment of school districts outside incorporated towns.
Section 167, act Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617, provided for manner of election of school boards in school districts outside incorporated towns.
Section 168, acts Jan. 27, 1905, ch. 277, § 5, 33 Stat. 617; June 1, 1938, ch. 312, 52 Stat. 607, directed Governor to assign proportion of Alaska fund to school districts.
Section 169, act Jan. 27, 1905, ch. 277, § 7, 33 Stat. 619, related to education of white children, Eskimos, and Indians.
Section 170, act Mar. 3, 1917, ch. 167, 39 Stat. 1131, authorized legislature to establish schools for white and colored children and to appropriate funds for that purpose.
Section 170a, act May 14, 1930, ch. 273, § 1, 46 Stat. 321, authorized Secretary of the Interior to enter into contracts with local school boards for education of children of nontaxpaying natives.
Section, act
Sections 172 and 173, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 172, act Mar. 3, 1909, ch. 266, 35 Stat. 837, authorized appointment of school employees as special peace officers.
Section 173, act Feb. 25, 1925, ch. 320, § 1, 43 Stat. 978, authorized establishment of a system of vocational training for aboriginal natives.
Section, act Feb. 25, 1925, ch. 320, § 2, 43 Stat. 978, related to transfer of buildings for purpose of vocational training, schools, and hospitals in connection with aboriginal natives in Alaska.
Sections 175 and 175a, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 175, act July 31, 1946, ch. 719, § 1, 60 Stat. 750, authorized establishment of a geophysical institute at the University of Alaska.
Section 175a, act July 31, 1946, ch. 719, § 2, 60 Stat. 751, provided that buildings and equipment of geophysical institute shall become property of University of Alaska.
Sections 191 to 213, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 191, act May 31, 1920, ch. 217, 41 Stat. 716, related to powers and duties of Secretary of the Interior with respect to game animals.
Section 192, acts Jan. 13, 1925, ch. 75, § 5, 43 Stat. 741; Feb. 14, 1931, ch. 185, § 3, 46 Stat. 1111; June 25, 1938, ch. 686, § 3, 52 Stat. 1170; July 1, 1943, ch. 183, 57 Stat. 304, prescribed duties and powers of Alaska Game Commission, wildlife agents, and other persons.
Section 193, acts Jan. 13, 1925, ch. 75, § 6, 43 Stat. 742; July 1, 1943, ch. 183, 57 Stat. 305, required bonds from employees of Commission.
Section 194, act Jan. 13, 1925, ch. 75, § 7, 43 Stat. 742, required Commission to file estimates and submit reports of administration.
Section 195, acts Jan. 13, 1925, ch. 75, § 7, 43 Stat. 743; July 1, 1943, ch. 183, 57 Stat. 305, prescribed restrictions on taking of animals, birds, fish, etc.
Section 196, acts Jan. 13, 1925, ch. 75, § 7, 43 Stat. 743; Feb. 4, 1931, ch. 185, § 4, 46 Stat. 1112; July 1, 1943, ch. 183, 57 Stat. 305, related to animals and birds escaping from captivity or introduced into Territory.
Section 197, acts Jan. 13, 1925, ch. 75, § 8, 43 Stat. 743; July 1, 1943, ch. 183, 57 Stat. 305, prohibited use of poison and required the keeping of records of sales.
Section 198, acts Jan. 13, 1925, ch. 75, § 9, 43 Stat. 743; Feb. 14, 1931, ch. 185, § 5, 46 Stat. 1112; June 25, 1938, ch. 686, § 4, 52 Stat. 1170; Oct. 10, 1940, ch. 54 Stat. 1103; July 1, 1943, ch. 183, 57 Stat. 306, empowered Secretary to promulgate regulations for taking of game, limiting the take, seasons, and for protection of Government property.
Section 199, acts Jan. 13, 1925, ch. 75, § 10, 43 Stat. 744; Feb. 14, 1931, ch. 185, §§ 6 to 11, 46 Stat. 1112 to 1114; June 25, 1938, ch. 686, § 5, 52 Stat. 1172; July 1, 1943, ch. 183, 57 Stat. 306, prescribed types of hunting, trapping and fishing licenses, guide licenses, fees and issuance thereof.
Section 200, acts Jan. 13, 1925, ch. 75, § 11, 43 Stat. 746; July 1, 1943, ch. 183, 57 Stat. 310, prescribed duties of collectors of customs.
Section 201, acts Jan. 13, 1925, ch. 75, § 13, 43 Stat. 746; Feb. 14, 1931, ch. 185, § 12, 46 Stat. 1114; July 1, 1943, ch. 183, 57 Stat. 310, prescribed duties of United States attorneys.
Section 202, acts Jan. 13, 1925, ch. 75, § 15, 43 Stat. 747; Feb. 14, 1931, ch. 185, § 13, 46 Stat. 1114; June 25, 1938, ch. 686, § 6, 52 Stat. 1172; July 1, 1943, ch. 183, 57 Stat. 311, prescribed penalties for violations of sections 192, 193, and 195 to 211 of this title, required guides to report violations, and prescribed penalty for violation thereof.
Section 202a, acts Jan. 13, 1925, ch. 75, § 16, 43 Stat. 747; Feb. 14, 1931, ch. 185, § 14, 46 Stat. 1114; July 1, 1943, ch. 183, 57 Stat. 312, related to administration of oaths for purposes of prosecution.
Section 202b, act Jan. 13, 1925, ch. 75, § 12, 43 Stat. 746; July 1, 1943, ch. 183, 57 Stat. 310, related to burden of proof in prosecutions under sections 192, 193, and 195 to 211 of this title.
Section 203, act Jan. 13, 1925, ch. 75, § 19, as added July 1, 1943, ch. 183, 57 Stat. 312, stated that sections 192, 193, and 195 to 211 of this title shall not apply to Mount McKinley National Park.
Section 204, act Jan. 13, 1925, ch. 75, § 18, as added July 1, 1943, ch. 183, 57 Stat. 312, declared that provisions of sections 192, 193, and 195 to 211 of this title were separable.
Section 204a, acts Jan. 13, 1925, ch. 75, § 17, 43 Stat. 747; July 1, 1943, ch. 183, 57 Stat. 312, authorized appropriations 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, 57 Stat. 312, prescribed effective date and short title of sections 192, 193, and 195 to 211 of this title.
Section 206, acts Jan. 13, 1925, ch. 75, § 2, 43 Stat. 739; Feb. 14, 1931, ch. 185, § 1, 46 Stat. 1111; June 25, 1938, ch. 686, § 1, 52 Stat. 1169; July 1, 1943, ch. 183, 57 Stat. 301, defined terms used in sections 192, 193, and 195 to 211 of this title.
Section 207, acts Jan. 13, 1925, ch. 75, § 3, 43 Stat. 740; Feb. 14, 1931, ch. 185, § 2, 46 Stat. 1111; June 25, 1938, ch. 686, § 2, 52 Stat. 1170; July 1, 1943, ch. 183, 57 Stat. 303; Apr. 20, 1949, ch. 81, 63 Stat. 56, provided for residence and citizenship requirements for hunting, fishing, etc.
Section 208, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 303; July 23, 1953, ch. 238, 67 Stat. 185, provided for composition of Alaska Game Commission, its tenure and qualifications of members.
Section 209, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 303, authorized Secretary to remove members of Commission and to fill vacancies.
Section 210, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 304; July 24, 1947, ch. 307, § 1, 61 Stat. 415, prescribed compensation of members of Commission per diem allowances, and salary of executive officer.
Section 211, acts Jan. 13, 1925, ch. 75, § 4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 304, provided for office of commission, its business, and its seal.
Section 212, acts Aug. 18, 1894, ch. 301, § 1, 28 Stat. 391; Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; May 31, 1920, ch. 217, 41 Stat. 716, directed Secretary to fix the price of blue fox skins paid to natives of St. Paul Island.
Section 213, act May 31, 1920, ch. 217, 41 Stat. 717, enumerated the powers of bird reservation wardens.
Sections 220 to 224, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 220, act Feb. 14, 1903, ch. 552, § 7, 32 Stat. 828, vested control over the fur seal, salmon and other fisheries of Alaska in Department of the Interior.
Section 221, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; June 18, 1926, ch. 621, 44 Stat. 752, empowered Secretary to set aside fishing areas, prescribed closed seasons, and to place limitations on catch.
Section 222, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; June 18, 1926, ch. 621, 44 Stat. 752, declared that fishing in certain areas was unlawful, prohibited granting of exclusive rights, and provided that citizens shall not be denied fishing rights.
Section 222a, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; Aug. 14, 1937, ch. 622, 50 Stat. 639; Apr. 7, 1938, ch. 110, 52 Stat. 208, prohibited commercial salmon fishing by nonresidents.
Section 223, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; June 18, 1926, ch. 621, 44 Stat. 752, related to prohibited areas in creeks, streams, rivers, etc.
Section 223a, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; June 18, 1926, ch. 621, 44 Stat. 752, authorized Secretary to permit taking of fish or shellfish for bait purposes.
Section 223b, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; Aug. 2, 1937, ch. 556, 50 Stat. 557, authorized Secretary to lease bottoms for oyster cultivation.
Section 224, acts June 6, 1924, ch. 272, § 1, 43 Stat. 464; June 18, 1926, ch. 621, 44 Stat. 752, prohibited importation of salmon during closed seasons.
Section, act June 6, 1924, ch. 272, § 2, 43 Stat. 465, related to escapement in certain instances of portion of salmon run in waters of Alaska.
Sections 226 to 239, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 226, act June 6, 1924, ch. 272, § 6, 43 Stat. 466, prescribed penalties for violation of fishing laws.
Section 227, act June 6, 1924, ch. 272, § 6, 43 Stat. 466, empowered Director of Fish and Wildlife Service to designate employees as peace officers.
Section 228, act June 6, 1924, ch. 272, § 8, 43 Stat. 467, provided that nothing in sections 221 to 224, 226 to 228, and 232 to 234 of this title shall not abrogate or curtail any territorial powers.
Section 229, act May 31, 1920, ch. 217, 41 Stat. 717, enumerated powers of bird reservation wardens.
Section 230, act June 26, 1906, ch. 3547, § 1, 34 Stat. 478, established a license tax on canning fish.
Section 231, acts June 26, 1906, ch. 3547, § 2, 34 Stat. 478; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, listed exemptions from license tax.
Section 232, acts June 26, 1906, ch. 3547, § 4, 34 Stat. 479; June 6, 1924, ch. 272, § 4, 43 Stat. 466, prescribed manner of taking fish.
Section 233, acts June 26, 1900, ch. 3547, § 3, 34 Stat. 479; June 6, 1924, ch. 272, § 3, 43 Stat. 465; Apr. 16, 1934, ch. 146, § 1, 48 Stat. 594; Mar. 16, 1955, ch. 12, 69 Stat. 12, prohibited obstructions in waters for capturing salmon.
Section 234, acts June 26, 1906, ch. 3547, § 5, 34 Stat. 479; June 6, 1924, ch. 272, § 5, 43 Stat. 466; July 2, 1940, ch. 514, 54 Stat. 723, related to closed season for salmon and to stationary and floating traps.
Section 235, acts June 26, 1906, ch. 3547, § 7, 34 Stat. 480; Feb. 28, 1929, ch. 365, 45 Stat. 1349, required salmon to be canned or salted within forty-eight hours after being killed.
Section 236, act June 26, 1906, ch. 3547, § 8, 34 Stat. 480, prohibited waste or destruction of food fish.
Section 237, act June 26, 1906, ch. 3547, § 9, 34 Stat. 480, prohibited false labeling or branding of packages of fish.
Section 238, acts June 26, 1906, ch. 3547, § 10, 34 Stat. 480; Mar. 4, 1913, ch. 141, § 1, 37, Stat. 736, required reports of persons engaged in fishing industry.
Section 239, acts June 26, 1906, ch. 3547, § 11, 34 Stat. 480; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to manner of catching or killing fish.
Section, acts June 4, 1897, ch. 2, § 1, 30 Stat. 29; June 23, 1913, ch. 3, 38 Stat. 63, authorized appointment of an agent and assistant agent for protection of salmon fisheries.
Sections 241 to 248b, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 241, acts June 26, 1906, ch. 3547, § 12, 34 Stat. 480; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, empowered Secretary to deputize officers and employees of the Department as law enforcement officers.
Section 242, acts June 26, 1906, ch. 3547, § 14, 34 Stat. 481; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736, related to jurisdiction of prosecutions for violations of sections 230 to 239, 241, and 242 of this title.
Section 243, acts June 14, 1906, ch. 3299, § 1, 34 Stat. 263; June 25, 1938, ch. 689, 52 Stat. 1174, prohibited fishing by aliens and permitted sales to aliens.
Section 244, act June 14, 1906, ch. 3299, § 2, 34 Stat. 264, prescribed penalties for violations of sections 243 to 247 of this title.
Section 245, act June 14, 1906, ch. 3299, § 3, 34 Stat. 264, provided for jurisdiction of prosecutions under sections 243 to 247 of this title.
Section 246, acts June 14, 1906, ch. 3299, § 4, 34 Stat. 264; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561, authorized searches and seizures of vessels.
Section 247, acts June 14, 1906, ch. 3299, § 5, 34 Stat. 264; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495, 561, empowered Secretary to promulgate rules and regulations to carry into effect provisions of sections 243 to 246 of this title.
Section 248, acts Aug. 18, 1941, ch. 368, § 1, 55 Stat. 632; June 29, 1956, ch. 460, §§ 1, 2, 70 Stat. 372, provided for protection of walruses.
Section 248a, act Aug. 18, 1941, ch. 368, § 2, 55 Stat. 633, prescribed duties of law enforcement officers, and for forfeiture of equipment of convicted persons.
Section 248b, act Aug. 18, 1941, ch. 368, § 3, 55 Stat. 633, defined terms used in sections 248 to 248b of this title.
Sections 250 to 250n were transferred to sections 500 to 500n, respectively, of Title 25, Indians, and subsequently were omitted from the Code as being of special and not general application.
Section 250, act Sept. 1, 1937, ch. 897, § 1, 50 Stat. 900, declared purpose of sections 250 to 250n of this title for establishment of a reindeer industry.
Section 250a, act Sept. 1, 1937, ch. 897, § 2, 50 Stat. 900, authorized Secretary of the Interior to acquire reindeer and other property.
Section 250b, act Sept. 1, 1937, ch. 897, § 3, 50 Stat. 900, required filing of claims to title to reindeer by nonnatives.
Section 250c, act Sept. 1, 1937, ch. 897, § 4, 50 Stat. 900, authorized Secretary to accept gifts for purposes of sections 250 to 250n of this title.
Section 250d, act Sept. 1, 1937, ch. 897, § 5, 50 Stat. 900, empowered Secretary to receive and expand loans, grants, or allocations for purposes of sections 250 to 250n of this title.
Section 250e, act Sept. 1, 1937, ch. 897, § 6, 50 Stat. 900, established a revolving fund for purposes of sections 250 to 250n of this title.
Section 250f, act Sept. 1, 1937, ch. 897, § 7, 50 Stat. 900, related to management of reindeer industry.
Section 250g, act Sept. 1, 1937, ch. 897, § 8, 50 Stat. 901, empowered Secretary to distribute reindeer, property, and profits to natives.
Section 250h, act Sept. 1, 1937, ch. 897, § 9, 50 Stat. 901, authorized Secretary to grant administrative powers to organizations of natives.
Section 250i, act Sept. 1, 1937, ch. 897, § 10, 50 Stat. 901, provided for alienation of reindeer or interests.
Section 250j, act Sept. 1, 1937, ch. 897, § 11, 50 Stat. 902, defined reindeer as used in sections 250 to 250n, of this title.
Section 250k, act Sept. 1, 1937, ch. 897, § 12, 50 Stat. 902, authorized Secretary to promulgate rules and regulations.
Section 250l, act Sept. 1, 1937, ch. 897, § 13, 50 Stat. 902, directed Secretary, whenever practicable, to appoint natives to administer the industry.
Section 250m, act Sept. 1, 1937, ch. 897, § 14, 50 Stat. 902, related to use of public lands.
Section 250n, act Sept. 1, 1937, ch. 897, § 15, 50 Stat. 902, defined “Natives of Alaska” for purposes of sections 250 to 250n of this title.
Section 250o, act Sept. 1, 1937, ch. 897, § 16, 50 Stat. 902, which authorized appropriation of $2,000,000.00 to carry out sections 250 to 250n of this title, was set out as a note under section 500 of Title 25, and subsequently was omitted from the Code as being of special and not general application.
Section 250p, act Sept. 1, 1937, ch. 897, § 17, 50 Stat. 902, which repealed provisions inconsistent with sections 250 to 250n of this title, was set out as a note under section 500 of Title 25, and subsequently was omitted from the Code as being of special and not general application.
Section 261, act Feb. 14, 1917, ch. 53, § 1, 39 Stat. 903, prohibited manufacture or sale of intoxicating liquor in the territory of Alaska.
Section 262, act Feb. 14, 1917, ch. 53, § 2, 39 Stat. 903, related to a permit for transportation of pure alcohol.
Section 263, act Feb. 14, 1917, ch. 53, § 3, 39 Stat. 904, related to an application for a permit to transport pure alcohol.
Section 264, act Feb. 14, 1917, ch. 53, § 4, 39 Stat. 904, related to form and issue of permits for transport of pure alcohol.
Section 265, act Feb. 14, 1917, ch. 53, § 5, 39 Stat. 904, related to maintenance of a record of permits.
Section 266, act Feb. 14, 1917, ch. 53, § 6, 39 Stat. 904, related to attaching permits to packages.
Section 267, act Feb. 14, 1917, ch. 53, § 25, 39 Stat. 908, related to revocation of licenses of pharmacists.
Section 268, act Feb. 14, 1917, ch. 53, § 7, 39 Stat. 904, related to records for shipments of pure alcohol.
Section 269, act Feb. 14, 1917, ch. 53, § 8, 39 Stat. 905, related to transportation of wine for sacramental purposes.
Section 270, act Feb. 14, 1917, ch. 53, § 9, 39 Stat. 905, related to refusal of delivery of sacramental wine without a certificate.
Section 271, act Feb. 14, 1917, ch. 53, § 10, 39 Stat. 905, related to alcohol for scientific purposes.
Section 272, act Feb. 14, 1917, ch. 53, § 11, 39 Stat. 905, related to form for permits for transport of alcohol for scientific purposes.
Section 273, act Feb. 14, 1917, ch. 53, § 12, 39 Stat. 906, related to cancellation of permits to transport alcohol for scientific purposes.
Section 274, act Feb. 14, 1917, ch. 53, § 13, 39 Stat. 906, related to use of buildings or vehicles for unlawful manufacture, transportation, or disposal of intoxicating liquors.
Section 275, act Feb. 14, 1917, ch. 53, § 14, 39 Stat. 906, related to importation or possession of liquors except as provided by law.
Section 276, act Feb. 14, 1917, ch. 53, § 15, 39 Stat. 906, related to drinking intoxicating liquors in or on a passenger coach.
Section 277, act Feb. 14, 1917, ch. 53, § 16, 39 Stat. 906, related to penalty for maintaining a place for unlawful sale of alcoholic liquors.
Section 278, act Feb. 14, 1917, ch. 53, § 17, 39 Stat. 906, related to arrest for unlawful manufacture sale or transport of intoxicating liquors.
Section 279, act Feb. 14, 1917, ch. 53, § 18, 39 Stat. 907, related to evidence necessary to convict.
Section 280, act Feb. 14, 1917, ch. 53, § 19, 39 Stat. 907, related to holding places which dispensed alcoholic liquor unlawfully as a nuisance.
Section 281, act Feb. 14, 1917, ch. 53, § 20, 39 Stat. 907, related to abatement of liquor nuisances.
Section 282, act Feb. 14, 1917, ch. 53, § 21, 39 Stat. 907, related to forfeiture of a lease by a tenant convicted of maintaining a liquor nuisance.
Section 283, act Feb. 14, 1917, ch. 53, § 22, 39 Stat. 908, related to owners of buildings knowingly permitting a liquor nuisance.
Section 284, act Feb. 14, 1917, ch. 53, § 23, 39 Stat. 908, provided that no property rights exist in alcoholic liquors illegally manufactured or stored.
Section 285, act Feb. 14, 1917, ch. 53, § 24, 39 Stat. 908, provided for punishment for violation of law.
Section 286, act Feb. 14, 1917, ch. 53, § 26, 39 Stat. 908, related to evidence of sale of intoxicating liquors.
Section 287, act Feb. 14, 1917, ch. 53, § 27, 39 Stat. 908, related to duties of officers to enforce the law.
Section 288, act Feb. 14, 1917, ch. 53, § 28, 39 Stat. 908, related to filing of an information for prosecution.
Section 289, act Feb. 14, 1917, ch. 53, § 29, 39 Stat. 908, related to penalty for unlawful importation of liquor.
Section 290, act Feb. 14, 1917, ch. 53, § 31, 39 Stat. 909, provided for additional legislation as needed.
Section 291, act Feb. 14, 1917, ch. 53, § 32, 39 Stat. 909, provided that in interpretation of these provisions singular include plural and masculine include feminine.
Sections 292 and 293, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 292, act Apr. 13, 1934, ch. 119, § 2, 48 Stat. 583, provided for manufacture and sale of intoxicating liquors.
Section 293, act Apr. 13, 1934, ch. 119, § 3, 48 Stat. 584, ratified and approved act to create board of liquor control, and prescribed penalties for violation of rules and regulations of the board.
Section, acts Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305; Apr. 10, 1926, ch. 114, 44 Stat. 239; Aug. 4, 1955, ch. 554, 69 Stat. 494, which provided for location, construction and operation of railroads, and for use of passes, was transferred to section 975 of Title 43, Public Lands.
Section, act June 24, 1946, ch. 465, 60 Stat. 304, provided that funds available for operation of Alaska Railroad were available for other specified purposes.
Repeal by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [
Section 302, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305, which authorized construction and maintenance of telegraph and telephone lines, was transferred to section 975a of Title 43, Public Lands.
Section 302a, act May 26, 1900, ch. 586, 31 Stat. 206, which prohibited establishment of telegraph or cable lines by foreigners, was transferred to section 17 of Title 47, Telecommunications, and was subsequently repealed.
Section 303, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305, which empowered the President to designate town sites, was transferred to section 975b of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, § 704(a),
Section 304, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 505, which related to terminals, stations, and rights of way, was transferred to section 975c of Title 43.
Section 305, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 505, which required patents to reserve rights of way to the United States, was transferred to section 975d of Title 43.
Section 306, act Mar. 12, 1914, ch. 37, § 3, 38 Stat. 307, which provided for disposition of proceeds of lease or sale of public lands, was transferred to section 975e of Title 43.
Section 307, act Mar. 12, 1914, ch. 37, § 1, 38 Stat. 305, which authorized and empowered the President to carry out the provisions dealing with the establishment of public utilities, was transferred to section 975f of Title 43.
Section 308, act Mar. 12, 1914, ch. 37, § 4, 38 Stat. 307, which made mandatory certain annual reports to the President by officers, agents, or agencies covering their activities in connection with the construction and development of public utilities, was transferred to section 975g of Title 43.
Section, act July 18, 1914, ch. 187, 38 Stat. 517, related to taxation of railroads.
Sections 310 and 311, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 310, act May 26, 1900, ch. 586, 31 Stat. 206, allowed conduct of commercial business over military telegraph and cable lines.
Section 311, act May 23, 1941, ch. 130, § 1, 55 Stat. 190, allowed payment of charges for interconnection between radio-telephone facilities of Alaska Communication System and commercial facilities to be made out of receipts of the Alaska Communication System.
Section 312, acts July 31, 1950, ch. 510, § 1, 64 Stat. 382; Aug. 13, 1953, ch. 430, § 1(1), (2), 67 Stat. 574;
Section 312a, acts July 31, 1950, ch. 510, § 2, 64 Stat. 382; Aug. 13, 1953, ch. 430, § 1(3), 67 Stat. 574, covered disposition of electric power produced from Eklutna project, rate and rate schedules, sale preferences, disposition of receipts, and creation of a continuing fund.
Section 312b, act July 31, 1950, ch. 510, § 3, 64 Stat. 383, authorized Secretary of the Interior to perform the acts necessary to carry into effect Eklutna project and otherwise set out his powers and duties in connection with project.
Section 312c, act July 31, 1950, ch. 510, § 4, 64 Stat. 383, authorized and directed Secretary to report on feasibility of transferring Eklutna project, upon completion, to public ownership.
Section 312d, act July 31, 1950, ch. 510, § 5, 64 Stat. 383, authorized Secretary to delegate the powers and functions given him in connection with the Eklutna project.
Repeal effective
Sections 315 to 315i, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 315, acts May 31, 1938, ch. 298, § 1, 52 Stat. 589; July 24, 1946, ch. 610, § 1, 60 Stat. 659, authorized public school and utility districts to construct facilities, incur bonded indebtedness, and perform other defined functions.
Section 315a, acts May 31, 1938, ch. 298, § 2, 52 Stat. 589; July 24, 1946, ch. 610, § 2, 60 Stat. 659, required submission of proposal to electors before any public utility or school district could incur a bonded indebtedness.
Section 315b, act May 31, 1938, ch. 298, § 3, 52 Stat. 589, set out terms, execution, interest, and sales price of bonds of public utility or school district.
Section 315c, act May 31, 1938, ch. 298, § 4, 52 Stat. 590, laid upon governing body of each district duty of levying taxes to provide payment of interest and principal on bonds.
Section 315d, act May 31, 1938, ch. 298, § 5, 52 Stat. 590, repealed laws inconsistent with sections 315 to 315d and restricted effect of any limitation placed upon powers granted thereby to such powers and not to powers granted by any other sections.
Section 315e, acts Jan. 17, 1940, ch. 3, § 1, 54 Stat. 14;
Section 315f, acts Jan. 17, 1940, ch. 3, § 2, 54 Stat. 15;
Section 315g, acts Jan. 17, 1940, ch. 3, § 3, 54 Stat. 15;
Section 315h, act Jan. 17, 1940, ch. 3, § 4, 54 Stat. 15, ratified prior issues of refunding bonds.
Section 315i, Pub. L. 85–675, § 2,
Section, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192, which related to establishment of Board of Road Commissioners and its composition, was omitted in view of admission of Alaska into the Union.
Section 321a, act June 30, 1932, ch. 320, § 2, 47 Stat. 446, related to execution of laws pertaining to construction and maintenance of roads and trails by Secretary of the Interior.
Section 321b, act June 30, 1932, ch. 320, § 3, 47 Stat. 446, related to distribution of duties and promulgation of rules and regulation.
Section 321c, act June 30, 1932, ch. 320, § 4, 47 Stat. 446, related to submission of appropriations.
Section 321d, act June 30, 1932, ch. 320, § 5, as added July 24, 1947, ch. 313, 61 Stat. 418, required a reservation of right-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures in patents and deeds.
Section 322, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. 320, § 1, 47 Stat. 446; July 14, 1955, ch. 359, 69 Stat. 321, related to location, lay out, construction, and maintenance of roads, trails and bridges.
Section 323, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. 320, § 1, 47 Stat. 446, related to maps, plans and specifications for roads and trails and contracts for permanent contracts.
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. 320, § 1, 47 Stat. 446, related to repair of roads and trails.
Section 325, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192; June 30, 1932, ch. 320, § 1, 47 Stat. 446, related to costs and expenses of laying out, constructing, and repairing roads and trails.
Repeal of sections 321a to 325 effective
Sections 326 to 330, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 326, acts Feb. 12, 1925, ch. 225, title II, 43 Stat. 930; June 30, 1932, ch. 320, § 1, 47 Stat. 446, authorized incurring of obligations for roads, bridges, and trails in advance of appropriations in certain cases.
Section 327, acts June 30, 1921, ch. 33, § 1, 42 Stat. 90; June 30, 1932, ch. 320, § 1, 47 Stat. 446, authorized Secretary of the Interior to accept contributions from Territory or from other sources for use in construction, maintenance, or repair of roads, bridges, ferries, trails, and related works in the Territory.
Section 328, act July 9, 1918, ch. 143, 40 Stat. 863, related to estimates for work on roads.
Section 329, acts Jan. 27, 1905, ch. 277, § 2, 33 Stat. 616; May 14, 1906, ch. 2458, § 2, 34 Stat. 192, related to expenses of board in addition to salary.
Section 330, act Apr. 27, 1914, ch. 72, 38 Stat. 366, related to per diem commutation of Army officer member of board.
Section 331, act Apr. 27, 1904, ch. 1629, 33 Stat. 391, related to road overseers and to creation of road districts.
Section 332, act Apr. 27, 1904, ch. 1629, 33 Stat. 391, related to term of office and qualification of road overseers.
Section 333, act Apr. 27, 1904, ch. 1629, 33 Stat. 392, related to duties of overseers.
Section 334, act Apr. 27, 1904, ch. 1629, 33 Stat. 392, related to work on roads.
Section 335, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, related to an annual report.
Section 336, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, related to neglect or refusal of road overseers to perform their duties.
Section 337, act Apr. 27, 1904, ch. 1629, 33 Stat. 393, related to compensation of road overseers.
Sections 338 to 338g, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 338, acts Aug. 1, 1956, ch. 840, § 1, 70 Stat. 888;
Section 338a, act Aug. 1, 1956, ch. 840, § 2, 70 Stat. 888, set out duties of Commission.
Section 338b, acts Aug. 1, 1956, ch. 840, § 3, 70 Stat. 888;
Section 338c, act Aug. 1, 1956, ch. 840, § 4, 70 Stat. 889, set out powers of Commission to conduct hearings, administer oaths and affirmations, employ experts, utilize facilities, information, and personnel of other federal departments and agencies, and use information contained in certain named surveys and plans.
Section 338d, act Aug. 1, 1956, ch. 840, § 5, 70 Stat. 889, authorized Commission to delegate its powers and duties, other than duty of submitting reports and making recommendations to Congress.
Section 338e, act Aug. 1, 1956, ch. 840, § 6, 70 Stat. 889, provided for reimbursement of Commission members for travel, subsistence, and other necessary expenses although it expressly called for service by Commission members without compensation.
Section 338f, acts Aug. 1, 1956, ch. 840, § 7, 70 Stat. 889;
Section 338g, act Aug. 1, 1956, ch. 840, § 8, 70 Stat. 889;
Section, act Mar. 30, 1948, ch. 162, 62 Stat. 100, which made provision for occupancy and use of national-forest lands under permit and dealt with period of such permits, size of area allotted, prohibitions, and the termination of permits, was transferred to section 497a of Title 16, Conservation.
Section 351, act Mar. 3, 1889, ch. 424, § 1, 30 Stat. 1098, which extended to Territory the system of public land surveys, was transferred to section 751a of Title 43, Public Lands.
Section 352, acts Mar. 2, 1907, ch. 2537, § 4, 34 Stat. 1232; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Oct. 9, 1942, ch. 584, § 2, 56 Stat. 779, which provided for making of land surveys in Nome and Fairbanks districts, was transferred to section 751b of Title 43.
Section, acts Mar. 4, 1915, ch. 181, § 1, 38 Stat. 1214; Mar. 5, 1952, ch. 80, §§ 1–3, 66 Stat. 14; Aug. 5, 1953, ch. 323, 67 Stat. 364; Aug. 2, 1956, ch. 892, 70 Stat. 954;
Section 353a, act May 31, 1938, ch. 304, 52 Stat. 593, which authorized Secretary of the Interior to reserve tracts in Alaska for school, hospitals, etc. for the Indians, Eskimos, and Aleuts of Alaska, was transferred to section 497 of Title 25, Indians, and was subsequently repealed by Pub. L. 94–579, § 704(a),
Section 354, act Mar. 4, 1915, ch. 181, § 2, 38 Stat. 1215, which set aside a site for an agricultural college and school of mines, is set out as note under section 852 of Title 43, Public Lands.
Section 354a, acts Jan. 21, 1929, ch. 92, §§ 1–7, 45 Stat. 1091–1093;
Section 355, act Mar. 3, 1891, ch. 561, § 11, 26 Stat. 1099, which permitted lands to be entered for town-site purposes and set out the requirements for the proper execution of the trust created thereby, was transferred to section 732 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 355a, act May 25, 1926, ch. 379, § 1, 44 Stat. 629, which authorized town-site trustee to issue a deed setting aside lands on survey of town site for Indian or Eskimo lands, was transferred to section 733 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 355b, act May 25, 1926, ch. 379, § 2, 44 Stat. 630, which authorized the extension of streets and alleys across Indian or Eskimo lands, was transferred to section 734, of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 355c, act May 25, 1926, ch. 379, § 3, 44 Stat. 630, which authorized the Secretary of the Interior to have nonmineral lands surveyed into lots and blocks, was transferred to section 735 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 355d, act May 25, 1926, ch. 379, § 4, 44 Stat. 630, which authorized the Secretary to prescribe appropriate regulations for the administration of sections 355a to 355c of this title, was transferred to section 736 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 355e, act Feb. 26, 1948, ch. 72, 62 Stat. 35, which permitted the holding of town-site lands under unrestricted deeds by Alaska natives under certain conditions, was transferred to section 737 of Title 43.
Section 356, act June 6, 1900, ch. 786, § 27, 31 Stat. 330, which prohibited the disturbing of the occupancy of lands being occupied by Indians or other persons conducting schools or missions but expressly cautioned against a construction of this section which might serve to place in force in the Territory the general land laws of the United States, was transferred to section 280a of Title 25, Indians.
Section 357, acts May 17, 1906, ch. 2469, 34 Stat. 197; Aug. 2, 1956, ch. 891, § 1(a)–(d), 70 Stat. 954, which authorized the making of homestead allotments to native Indians, Aleuts, or Eskimos, was transferred to section 270–1 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 92–203, § 18(a),
Section 357a, act May 17, 1906, ch. 2469, § 2, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which permitted allotments of land in national forests if the land was certified as chiefly valuable for agricultural or grazing uses, was transferred to section 270–2 of Title 43, and was subsequently repealed by Pub. L. 92–203, § 18(a),
Section 357b, act May 27, 1906, ch. 2469, § 3, as added Aug. 2, 1956, ch. 891, § 1(e), 70 Stat. 954, which prohibited the making of an allotment unless the person made satisfactory proof of substantially continuous use and occupancy of the land for five years, was transferred to section 270–3 of Title 43, and was subsequently repealed by Pub. L. 92–203, § 18(a),
Section 358, act Mar. 3, 1891, ch. 561, § 15, 26 Stat. 1101, which reserved the Annette Islands for the Metlakahtla Indians, was transferred to section 495 of Title 25, Indians, prior to omission from the Code as being of special and not general application.
Section 358a, act May 1, 1936, ch. 254, § 2, 49 Stat. 1250, which authorized the designation of land for the use of Indians or Eskimos, was transferred to section 496 of Title 25, and was subsequently repealed by Pub. L. 94–579, § 704(a),
Section 359, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144, which set out the requirements of filing, publishing, and posting of proofs needed for proving claims, as well as the form and use of the affidavits, was transferred to section 270–4 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(b),
Section 360, act July 3, 1926, ch. 745, § 1, 44 Stat. 821, which authorized the leasing of land for the purpose of fur farming, was transferred to section 687c of Title 43.
Section 361, act July 3, 1926, ch. 745, § 2, 44 Stat. 822, which authorized the Secretary of the Interior to perform any and all acts necessary to carry into effect the provisions of section 360, was transferred to section 687c–1 of Title 43.
Section 362, act May 1, 1936, ch. 254, § 1, 49 Stat. 1250, which called for the application to the Territory of certain statutes dealing with the conservation of Indian lands and allowed the organization of groups of Indians not recognized as bands or tribes, was transferred to section 473a of Title 25, Indians, prior to editorial reclassification and renumbering as section 5119 of Title 25.
Section, act Oct. 17, 1940, ch. 890, § 1, 54 Stat. 1192, authorized, with limitations, the sale or lease of unreserved public lands in Alaska to incorporated cities and towns in Alaska for cemetery, park, or recreational purposes.
Section 364, act July 24, 1947, ch. 305, 61 Stat. 414, which authorized the legislature to provide for the exercise of zoning power in town sites, was transferred to section 738 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 364a, act Aug. 30, 1949, ch. 521, § 1, 63 Stat. 679, which authorized the sale of certain public lands and set out the requirements of public auction, notice, and proof of the buyer’s intention, was transferred to section 687b of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 364b, act Aug. 30, 1949, ch. 521, § 2, 63 Stat. 679, which prohibited the sale of land for less than the appraised value and the cost of making any survey to properly describe the land sold, was transferred to section 687b–1 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 364c, act Aug. 30, 1949, ch. 521, § 3, 63 Stat. 679, which called for issuance of a certificate of purchase to buyers of public lands and made provision for patent in fee and issuance and contents thereof and placed the liability for mining damage upon persons prospecting for and removing minerals, was transferred to section 687b–2 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 364d, act Aug. 30, 1949, ch. 521, § 4, 63 Stat. 679, which saved existing rights and limited the application of sections 364a–364e of this title, was transferred to section 687b–3 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 364e, act Aug. 30, 1949, ch. 521, § 5, 63 Stat. 679, which authorized the Secretary of the Interior to make rules and regulations to carry out the purposes of section 364a to 364e of this title, was transferred to section 687b–4 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 364f, Pub. L. 88–66,
Section 365, act Oct. 9, 1942, ch. 584, § 6, 56 Stat. 779, which provided for continuation of existing land districts and offices and made provision for making of changes in district boundaries, discontinuance of districts, and designation of land offices, was transferred to section 123a of Title 43.
Sections 366 to 367, which related to registers at land offices, were omitted in view of Reorg. Plan No. 3 of 1946, § 403, eff.
Section 366, act Oct. 9, 1942, ch. 584, § 2, 56 Stat. 779, which related to registers at land offices at Anchorage, Nome, and Fairbanks, was subsequently repealed by Pub. L. 89–554, § 8(a),
Section 366a, act Oct. 9, 1942, ch. 584, § 3, 56 Stat. 779, which related to additional registers, was subsequently repealed by Pub. L. 89–554, § 8(a),
Section 367, act Oct. 9, 1942, ch. 584, § 4, 56 Stat. 779, related to duties of registers.
Section, act Oct. 9, 1942, ch. 584, § 5, 56 Stat. 779, which made public land claimants liable for fees, commissions, or purchase money required by law to be paid, was transferred to section 79d of Title 43, Public Lands.
Section, act June 5, 1920, ch. 235, § 1, 41 Stat. 908, which related to compensation of clerks in district land offices, was limited to the appropriation act of which it was a part.
Section 371, acts May 14, 1898, ch. 299, § 1, 30 Stat. 409; Mar. 3, 1903, ch. 1002, 32 Stat. 1028; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. 29, 1950, ch. 137, § 1, 64 Stat. 94; Aug. 2, 1955, ch. 496, § 1, 69 Stat. 444, which extended the homestead laws to Alaska, was transferred to section 270 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 371a, act Apr. 29, 1950, ch. 137, § 2, 64 Stat. 95, which required the filing of notice of location by all persons maintaining a settlement claim on public land on
Section 371b, act Apr. 29, 1950, ch. 137, § 3, 64 Stat. 95, which specified the effect of failing to file the notice of settlement required by section 371a of this title, was transferred to section 270–6 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 371c, acts Apr. 29, 1950, ch. 137, § 4, 64 Stat. 95; July 11, 1956, ch. 571, § 2, 70 Stat. 529, which provided for final or homestead proof on unsurveyed land as a basis for free survey and set a time limit therefor, was transferred to section 270–7 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section, acts June 5, 1920, ch. 265, 41 Stat. 1059; Aug. 3, 1955, ch. 496, § 3, 69 Stat. 444, which modified restrictions upon location of homestead sites, was omitted in view of admission of Alaska into the Union.
Section 373, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which set a limit on the amount of homestead entries, was transferred to section 270–8 of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 374, acts July 8, 1916, ch. 228, § 1, 39 Stat. 352; June 28, 1918, ch. 110, 40 Stat. 632, which permitted a homestead entry in Alaska notwithstanding a former homestead entry in another state or territory, was transferred to section 270–9 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 375, act July 8, 1916, ch. 228, § 2, as added June 28, 1918, ch. 110, 40 Stat. 633; amended Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; July 11, 1956, ch. 571, § 1, 70 Stat. 528, which made provision for proof of entry on unsurveyed lands, was transferred to section 270–10 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 376, acts Mar. 8, 1922, ch. 96, § 1, 42 Stat. 415;
Section 377, acts Mar. 8, 1922, ch. 96, § 2, 42 Stat. 416;
Section 377a, act Mar. 8, 1922, ch. 96, § 3, as added
Section 378, act July 8, 1916, ch. 228, § 3, formerly § 2, 39 Stat. 352, renumbered June 28, 1918, ch. 110, 40 Stat. 633, which excepted from homestead settlement and entry the lands in the Annette and Pribilof Islands, islands leased or occupied for the propagation of foxes, and other islands reserved or withdrawn from settlement or entry, was transferred to section 270–14 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 703(a),
Section 379, acts Apr. 13, 1926, ch. 121, § 1, 44 Stat. 243; Apr. 29, 1950, ch. 134, § 3, 64 Stat. 93, which permitted departure from the system of rectangular forms made by north-south lines in setting out homestead claims when local or topographic conditions required, was transferred to section 270–15 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 380, acts Oct. 28, 1921, ch. 114, § 1 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144; Apr. 13, 1926, ch. 121, § 2, 44 Stat. 244, which made provision for the survey of soldier’s additional entry, was transferred to section 270–16 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 380a, act Apr. 13, 1926, ch. 121, § 3, 44 Stat. 244, which provided for the disposition of sums deposited was transferred to section 270–17 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 381, acts June 6, 1900, ch. 786, § 26, 31 Stat. 329; May 31, 1938, ch. 297, 52 Stat. 588; Aug. 8, 1947, ch. 514, § 1, 61 Stat. 916;
Section 381a, act May 4, 1934, ch. 211, §§ 2, 3, 48 Stat. 663, which extended the mining laws relating to placer claims to the Territory of Alaska, was transferred to section 49b of Title 30.
Section 381b, act May 4, 1934, ch. 211, § 3, 48 Stat. 663, which related to effective date of section 381a of this title, is set out as a note under section 49b of Title 30.
Section 382, act June 6, 1900, ch. 786, § 15, 31 Stat. 327, which required recording notices of location of mining claims, was transferred to section 49c of Title 30.
Section 383, act June 6, 1900, ch. 786, § 16, 31 Stat. 328, which authorized regulations for recording notices of location of mining claims, and legalized certain records, was transferred to section 49d of Title 30.
Section 384, act Mar. 2, 1907, ch. 2559, § 1, 34 Stat. 1243, which required annual labor or improvements on mining claims, was transferred to section 49e of Title 30.
Section 385, act Mar. 2, 1907, ch. 2559, § 2, 34 Stat. 1243, which prescribed the fees for filing proofs of work and improvements, was transferred to section 49f of Title 30.
Section, act June 7, 1910, ch. 265, 36 Stat. 459, permitted adverse claims provided for in sections 29 and 30 of Title 30, Mineral Lands and Mining, to be filed at any time during the 60 days’ period of publication or within eight months thereafter, and adverse suits provided for in section 30 of Title 30, to be instituted at any time within 60 days after the filing of said claims in the local land office.
Section 387, act Aug. 1, 1912, ch. 269, § 1, 37 Stat. 242, related to limiting association placer-mining claims.
Section 388, act Aug. 1, 1912, ch. 269, § 2, 37 Stat. 243, related to restrictions on power of attorney to locate placer-mining claims.
Section 389, act Aug. 1, 1912, ch. 269, § 3, 37 Stat. 243, related to restrictions on placer locations.
Section 390, acts Aug. 1, 1912, ch. 269, § 4, 37 Stat. 243; Mar. 3, 1925, ch. 442, 43 Stat. 1118, related to area and shape of placer claims.
Section 391, act Aug. 1, 1912, ch. 269, § 5, 37 Stat. 243, related to placer locations in violation of law.
See, now, sections 35 to 37 of Title 30, Mineral Lands and Mining.
Section, act May 14, 1898, ch. 299, § 13, 30 Stat. 415, which provided for reciprocity with Canada as to mining rights, was omitted in view of the admission of Alaska into the Union.
Sections 395 to 405, relating to the Territory of Alaska, were omitted in view of the admission of Alaska into the Union.
Section 395, act June 25, 1910, ch. 422, § 1, 36 Stat. 848, authorized a miners’ labor lien on output, and provided for its priority.
Section 396, act June 25, 1910, ch. 422, § 2, 36 Stat. 848, required the filing of the claim of the lien, and prescribed the form of the claim.
Section 397, act June 25, 1910, ch. 422, § 3, 36 Stat. 849, directed the recorder to record claims of lien.
Section 398, act June 25, 1910, ch. 422, § 4, 36 Stat. 849, specified the duration of the lien.
Section 399, act June 25, 1910, ch. 422, § 5, 36 Stat. 849, prescribed the procedure for foreclosure of the liens.
Section 400, act June 25, 1910, ch. 422, § 6, 36 Stat. 849, authorized defects in lien notice or in proceedings to foreclose to be cured by amendment.
Section 401, act June 25, 1910, ch. 422, § 7, 36 Stat. 850, prescribed certain procedures in proceedings to foreclose liens, and permitted intervention by adverse claimants.
Section 402, act June 25, 1910, ch. 422, § 8, 36 Stat. 850, provided for joinder of plaintiffs, consolidation of actions, and waiver of lien.
Section 403, act June 25, 1910, ch. 422, § 9, 36 Stat. 850, required judgment for claimants, and provided for its enforcement.
Section 404, act June 25, 1910, ch. 422, § 10, 36 Stat. 851, permitted appeals from final judgments of justices of the peace in actions under sections 395 to 405 of this title.
Section 405, act June 25, 1910, ch. 422, § 11, 36 Stat. 851, prescribed the criminal liability for buying, removing, etc., minerals with notice of lien.
Section 411, act May 14, 1898, ch. 299, § 2, 30 Stat. 409, which granted railroads rights of way, reserved mineral interests therein, and directed posting of schedules of rates, was transferred to section 942–1 of Title 43, Public Lands.
Section 412, act May 14, 1898, ch. 299, § 3, 30 Stat. 410, which provided for rights of several roads through canyons, was transferred to section 942–2 of Title 43.
Section 413, acts June 2, 1864, ch. 216, § 3, 13 Stat. 357; May 14, 1898, ch. 299, § 4, 30 Stat. 410, which granted the right of condemnation to railroads, was transferred to section 942–3 of Title 43.
Section 414, act May 14, 1898, ch. 299, § 4, 30 Stat. 410, which related to the effect of filing of the preliminary survey, was transferred to section 942–4 of Title 43.
Section 415, act May 14, 1898, ch. 299, § 5, 30 Stat. 410, which required railroads to file maps of the location of their roads, was transferred to section 942–5 of Title 43.
Section 416, act May 14, 1898, ch. 299, § 6, 30 Stat. 411, which provided for right of way for wagon roads, wire rope, aerial, or other tramways, reserved mineral interests, and limited tolls, was transferred to section 942–6 of Title 43.
Section 417, act May 14, 1898, ch. 299, § 7, 30 Stat. 412, which made sections 411 to 419, 421, 423, and 461 to 465 of this title inapplicable to military parks, Indian, and other reservations, was transferred to section 942–7 of Title 43.
Section 418, act May 14, 1898, ch. 299, § 8, 30 Stat. 412, which reserved the right of repeal or amendment, was transferred to section 942–8 of Title 43.
Section 419, act May 14, 1898, ch. 299, § 9, 30 Stat. 413, which related to the map of location of roads, was transferred to section 942–9 of Title 43.
Section 420, act Aug. 1, 1956, ch. 848, § 1, 70 Stat. 898, which related to public lands within highway, telephone, and pipeline withdrawals and authorized amendment of land description of claim or entry on adjoining lands, was transferred to section 971a of Title 43.
Section 420a, act Aug. 1, 1956, ch. 848, § 2, 70 Stat. 898, which permitted the Secretary to sell restored lands and granted preference rights, was transferred to section 971b of Title 43.
Section 420b, act Aug. 1, 1956, ch. 848, § 3, 70 Stat. 898, which related to utilization or occupancy of easements, was transferred to section 971c of Title 43.
Section 420c, act Aug. 1, 1956, ch. 848, § 4, 70 Stat. 898, which related to the effect on valid existing rights, was transferred to section 971d of Title 43.
Section 420d, act Aug. 1, 1956, ch. 848, § 5, as added
Section 421, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144, which authorized the Secretary to sell timber on public lands, was transferred to section 615a of Title 16, Conservation.
Section 422, acts Feb. 1, 1905, ch. 288, § 2, 33 Stat. 628; June 5, 1920, ch. 235, § 1, 41 Stat. 917, which permitted export of timber pulpwood and wood pulp, was transferred to section 615b of Title 16.
Section 423, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; June 15, 1938, ch. 427, 52 Stat. 699, which authorized the Secretary to permit cutting and use of timber by settlers, residents, miners, etc., was transferred to section 607a of Title 16.
Section, acts June 6, 1900, ch. 796, 31 Stat. 658; Apr. 28, 1904, ch. 1772, § 4, 33 Stat. 526, which extended coal land laws of the United States to Alaska, was omitted in view of the admission of Alaska into the Union.
Section, act Oct. 20, 1914, ch. 330, § 1, 38 Stat. 741, related to survey of coal lands in Alaska. See section 201 et seq. of Title 30, Mineral Lands and Mining.
Section, act Oct. 20, 1914, ch. 330, § 2, 38 Stat. 742, related to reservation of coal lands in Alaska. See section 201 et seq. of Title 30, Mineral Lands and Mining.
Section 434, act Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742, related to division of unreserved lands into leasing blocks or tracts and to leases. See sections 181, 201(a), and 202 of Title 30, Mineral Lands and Mining.
Section 435, act Oct. 20, 1914, ch. 330, § 4, 38 Stat. 742, related to lease of additional lands. See sections 203 and 204 of Title 30.
Section 436, act Oct. 20, 1914, ch. 330, § 5, 38 Stat. 743, related to consolidation of leases. See section 205 of Title 30.
Section 437, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, related to the term of the lease. See section 207 of Title 30.
Section 438, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, related to rents and royalties payable to the United States by lessees. See section 207 of Title 30.
Section 438a, act Oct. 20, 1914, ch. 330, § 19, as added June 6, 1934, ch. 405, 48 Stat. 909, related to suspension of rentals during suspension of operation or production. See section 209 of Title 30.
Section 439, acts Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744;
Section 440, acts Oct. 20, 1914, ch. 330, § 6, 38 Stat. 743; Feb. 21, 1944, ch. 18, 58 Stat. 18, related to property leased, limitation of amount, and forfeiture of excess. See sections 184(a), (g), and (h) and 201 et seq. of Title 30.
Section 441, acts Oct. 20, 1914, ch. 330, § 7, 38 Stat. 743; Feb. 21, 1944, ch. 18, 58 Stat. 18, provided for punishment when exceeding authorized interest.
Section 442, acts Oct. 20, 1914, ch. 330, § 8, 38 Stat, 743; Feb. 21, 1944, ch. 18, 58 Stat. 18, prescribed criminal liability of officers and agents of corporations or associations violating the law.
Section 443, act Oct. 20, 1914, ch. 330, § 8a, 38 Stat. 743, related to forfeiture of lease for violation of law. See section 184(k) of Title 30, Mineral Lands and Mining.
Section 444, acts Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742; Mar. 4, 1921, ch. 152, 41 Stat. 1363, related to prospecting permits and leases to prospectors. See section 201(b) of Title 30.
Section 445, act Oct. 20, 1914, ch. 330, § 10, 38 Stat. 744, related to coal for local and domestic needs. See section 208 of Title 30.
Section, act July 19, 1932, ch. 513, 47 Stat. 707, which permitted purchase of coal from two or more mines adjacent to the Alaska Railroad, was transferred to section 208a of Title 30, Mineral Lands and Mining, and subsequently repealed by Pub. L. 97–468, title VI, § 615(a)(3),
Section 446, act Oct. 20, 1914, ch. 330, § 11, 38 Stat. 744, related to reservation by the United States in leases, entries, etc.
Section 447, act Oct. 20, 1914, ch. 330, § 12, 38 Stat. 744, related to assignment or subletting of leases.
Section 448, act Oct. 20, 1914, ch. 330, § 13, 38 Stat. 744, related to possession of lessee as possession of the United States.
Section 449, act Oct. 20, 1914, ch. 330, § 14, 38 Stat. 744, related to forfeiture or cancellation of leases.
Section 450, act Oct. 20, 1914, ch. 330, § 16, 38 Stat. 745, related to statements, representations, and reports.
Section 451, act Oct. 20, 1914, ch. 330, § 17, 38 Stat. 745, related to promulgation of rules and regulations. See section 189 of Title 30, Mineral Lands and Mining.
Section 452, act Oct. 20, 1914, ch. 330, § 15, 38 Stat. 745, related to limitation on disposal of coal lands. See section 193 of Title 30.
Section, act May 28, 1908, ch. 211, § 2, 35 Stat. 424, which related to preference right of United States to purchase of coal for Army and Navy, was transferred to section 193a of Title 30, Mineral Lands and Mining.
Sections 455 to 456h, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 455, Pub. L. 85–303, § 1,
Section 455a, Pub. L. 85–303, § 2,
Section 455b, Pub. L. 85–303, § 3,
Section 455c, Pub. L. 85–303, § 4,
Section 455d, Pub. L. 85–303, § 5,
Section 455e, Pub. L. 85–303, § 6,
Section 456, Pub. L. 85–505, § 1,
Section 456a, Pub. L. 85–505, § 2,
Section 456b, Pub. L. 85–505, § 3,
Section 456c, Pub. L. 85–505, § 4,
Section 456d, Pub. L. 85–505, § 5,
Section 456e, Pub. L. 85–505, § 6,
Section 456f, Pub. L. 85–505, § 7,
Section 456g, Pub. L. 85–505, § 9,
Section 456h, Pub. L. 85–505, § 11,
Section 461, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Mar. 3, 1927, ch. 323, 44 Stat. 1364; May 26, 1934, ch. 357, 48 Stat. 809;
Section 461a, act Apr. 29, 1950, ch. 137, § 5, 64 Stat. 95, which required the filing of notices of claim for the purchase of land under section 461 of this title, was transferred to section 687a–1 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 462, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Aug. 3, 1955, ch. 496, § 2, 69 Stat. 444, which prohibited entry on lands on navigable waters, was transferred to section 687a–2 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 463, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, which related to several claimants of same tract, was transferred to section 687a–3 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 464, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, which reserved landing places along water front for natives, was transferred to section 687a–4 of Title 43, and was subsequently repealed by Pub. L. 94–579, § 704(a),
Section 465, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, which excepted certain islands from the operation of sections 411 to 419, 421, 423, and 461 to 464 of this title, was transferred to section 687a–5 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 466, acts Mar. 3, 1891, ch. 561, § 13, 26 Stat. 1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144, which related to surveys for the purchase of land under sections 461 to 466 of this title, was transferred to section 687a–6 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, § 703(a),
Section 471, act Mar. 4, 1927, ch. 513, § 1, 44 Stat. 1452, which declared Congressional policy towards grazing districts and privileges, was transferred to section 316 of Title 43, Public Lands.
Section 471a, act Mar. 4, 1927, ch. 513, § 2, 44 Stat. 1452, which defined terms “person”, “district”, “Secretary”, and “lessee”, was transferred to section 316a of Title 43.
Section 471b, act Mar. 4, 1927, ch. 513, § 3, 44 Stat. 1452, which gave the Secretary the power to establish grazing districts, was transferred to section 316b of Title 43.
Section 471c, act Mar. 4, 1927, ch. 513, § 4, 44 Stat. 1452, which provided for the alteration of grazing district, was transferred to section 316c of Title 43.
Section 471d, act Mar. 4, 1927, ch. 513, § 5, 44 Stat. 1453, which provided for the giving of notice of the establishment of grazing districts, was transferred to section 316d of Title 43.
Section 471e, act Mar. 4, 1927, ch. 513, § 6, 44 Stat. 1453, which authorized the giving of preferences in considering the applications to lease grazing lands, was transferred to section 316e of Title 43.
Section 471f, act Mar. 4, 1927, ch. 513, § 7, 44 Stat. 1453, which provided for the terms and conditions of leases for grazing lands, was transferred to section 316f of Title 43.
Section 471g, act Mar. 4, 1927, ch. 513, § 8, 44 Stat. 1453, which authorized the Secretary to determine for each lease, the grazing fee, was transferred to section 316g of Title 43.
Section 471h, act Mar. 4, 1927, ch. 513, § 9, 44 Stat. 1453, which provided for the disposition of receipts for grazing fees, was transferred to section 316h of Title 43.
Section 471i, act Mar. 4, 1927, ch. 513, § 10, 44 Stat. 1453, which provided for the assignment of leases by the lessee, was transferred to section 316i of Title 43.
Section 471j, act Mar. 4, 1927, ch. 513, § 11, 44 Stat 1454, which provided for improvements by the lessee of any area included within the provisions of his lease, was transferred to section 316j of Title 43.
Section 471k, act Mar. 4, 1927, ch. 513, § 12, 44 Stat. 1454, which prohibited the grazing of animals on grazing district land without a lease or other permission and set the penalty for violation of the section, was transferred to section 316k of Title 43.
Section 471l, act Mar. 4, 1927, ch. 513, § 13, 44 Stat. 1454, which authorized the Secretary of the Interior to establish stock driveways and allow free grazing, was transferred to section 316l of Title 43.
Section 471m, act Mar. 4, 1927, ch. 513, § 14, 44 Stat. 1454, which made provision for hearing and appeals from decisions of Interior Department employees regarding grazing privileges, was transferred to section 316m of Title 43.
Section 471n, act Mar. 4, 1927, ch. 513, § 15, 44 Stat. 1455, which authorized the Secretary of the Interior to promulgate rules and regulations necessary to the administration of sections 471 to 471o of this title, appoint employees, make expenditures, and investigate, experiment, and improve the reindeer industry and cooperate in the development of plant and animal life, was transferred to section 316n of Title 43.
Section 471o, act Mar. 4, 1927, ch. 513, § 16, 44 Stat. 1455, which continued in force and effect laws applicable to lands or resources in the same manner as they had applied prior to enactment of sections 471 to 471o of this title with regard to ingress and egress upon lands for any authorized purpose including prospecting for and mining extraction of minerals, was transferred to section 316o of Title 43.
Section 472, act Mar. 27, 1928, ch. 251, § 1, 45 Stat. 371, related to disposition of abandoned military reservations in Alaska, including signal corps stations and rights-of-way.
Section 472a, act Mar. 27, 1928, ch. 251, § 2, 45 Stat. 371, related to promulgation of rules and regulations in connection with abandoned military reservations in Alaska.
Sections 473 to 484d, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 473, act Dec. 31, 1941, ch. 644, § 1, 55 Stat. 879, established the Alaska militia.
Section 474, act Dec. 31, 1941, ch. 644, § 2, 55 Stat. 879, exempted from militia service all persons exempted by laws of the United States, judges of several courts of Territory, and members and officers of Alaska Territorial Legislature.
Section 475, act Dec. 31, 1941, ch. 644, § 3, 55 Stat. 879, established Alaska National Guard.
Section 476, act Dec. 31, 1941, ch. 644, § 4, 55 Stat. 879, gave Governor of Territory of Alaska as ex officio commander of militia, like command of Alaska National Guard while not in Federal service.
Section 477, act Dec. 31, 1941, ch. 644, § 5, 55 Stat. 880, provided for appointment of Adjutant General of Territory of Alaska.
Section 478, act Dec. 31, 1941, ch. 644, § 6, 55 Stat. 880, provided for ratification and confirmation of existing military forces.
Section 479, act Dec. 31, 1941, ch. 644, § 7, 55 Stat. 880, gave Governor power to organize a Territorial Guard during time that Alaska National Guard might be under Federal service.
Section 480, acts July 18, 1950, ch. 466, title I, § 101, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), (7), (9), 69 Stat. 637, 638, authorized government of Alaska to create a public corporate authority to undertake slum clearance and urban redevelopment projects.
Section 480a, acts July 18, 1950, ch. 466, title I, § 102, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), 69 Stat. 637, authorized government of Alaska to assist slum clearance and urban redevelopment through cash donations, loans, conveyances of real and personal property, facilities and services.
Section 480b, act July 18, 1950, ch. 466, title I, § 103, 64 Stat. 345, ratified all legislation enacted prior thereto by Legislature of Territory of Alaska.
Section 481, acts July 21, 1941, ch. 311, § 1, 55 Stat. 601; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized Legislature to create public corporate authorities to undertake slum clearance and projects to provide dwelling accommodations for families of low income and for persons (and their families) engaged in national-defense activities.
Section 482, acts July 21, 1941, ch. 311, § 2, 55 Stat. 602; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized Legislature of Territory of Alaska to provide for appointment of Commissioners.
Section 483, acts July 21, 1941, ch. 311, § 3, 55 Stat. 602; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized Legislature of Territory of Alaska to issue bonds or other obligations with such security and in such manner as the legislature may provide.
Section 483a, act July 21, 1941, ch. 311, § 4, as added July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, ratified all prior acts enacted by Legislature of Territory of Alaska.
Section 483b, act July 21, 1941, ch. 311, § 5, as added July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, granted additional powers to Legislature of Territory of Alaska.
Section 484, acts Apr. 23, 1949, ch. 89, § 3, 63 Stat. 58; July 14, 1952, ch. 723, § 7, 66 Stat. 603, authorized Legislature of Territory of Alaska to establish Alaska Housing Authority.
Section 484a, act Apr. 23, 1949, ch. 89, § 4, 63 Stat. 59, authorized Housing and Home Finance Agency to provide technical advice and information and to cooperate with and assist the Alaska Housing Authority.
Section 484b, act Apr. 23, 1949, ch. 89, § 5, 63 Stat. 69, provided for retention of permanent housing by the Housing and Home Finance Administrator.
Section 484c, act Apr. 23, 1949, ch. 89, § 6, 63 Stat. 60, authorized transfer of real or personal property of other Government departments or agencies to Alaska Housing Authority.
Section 484d, act June 27, 1934, ch. 847, title II, § 214, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Alaska. See section 1715d of Title 12, Banks and Banking.
Section, act Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58, related to real-estate loans and purchase of insured mortgages, with respect to properties in Alaska, by Federal National Mortgage Association.
Sections 485 to 486, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 485, acts May 28, 1948, ch. 354, § 1, 62 Stat. 277;
Section 485a, act May 28, 1948, ch. 354, § 2, 62 Stat. 278, authorized Administrator of Civil Aeronautics to acquire by purchase, lease, condemnation or otherwise such lands and appurtenances necessary for construction, protection, maintenance, improvement, and operation of said airports.
Section 485b, act May 28, 1948, ch. 354, § 3, 62 Stat. 278, authorized Administrator to acquire rights-of-way or easements for roads, trails, pipe lines, power lines and other similar facilities necessary for operation of airports, and to construct any public highways and bridge to whatever airport locations may be selected.
Section 485c, acts May 28, 1948, ch. 354, § 4, 62 Stat. 278;
Section 485d, acts May 28, 1948, ch. 354, § 5, 62 Stat. 278; Oct. 10, 1951, ch. 457, 65 Stat. 371;
Section 485e, act May 28, 1948, ch. 354, § 6, 62 Stat. 278, authorized Administrator to contract with any person for performance of services at or upon airports.
Section 485f, acts May 28, 1948, ch. 354, § 7, 62 Stat. 278; Oct. 31, 1951, ch. 654, § 2(25), 65 Stat. 707, authorized transfer of lands, building, property or equipment by other agencies of Federal Government to Administrator.
Section 485g, act May 28, 1948, ch. 354, § 8, 62 Stat. 278, provided for penalties for violations of any rule, regulation or order issued by Administrator.
Section 485h, act May 28, 1948, ch. 354, § 9, 62 Stat. 279, prescribed definitions used in sections 485 to 485h of this title, should be definitions assigned by the Civil Aeronautics Act of 1938, as amended.
Section 486, act Aug. 24, 1949, ch. 504, § 2, 63 Stat. 627, declared Congressional purpose of sections 486 to 486j of this title was to foster settlement and increase permanent residents of Alaska.
Section 486a, act Aug. 24, 1949, ch. 504, § 3, 63 Stat. 627, authorized Secretary of the Interior to accept applications for public works.
Section 486b, act Aug. 24, 1949, ch. 504, § 4, 63 Stat. 627, authorized Secretary to include works from other Federal agencies in the public works program.
Section 486c, acts Aug. 24, 1949, ch. 504, § 5, 63 Stat. 628;
Section 486d, act Aug. 24, 1949, ch. 504, § 6, 63 Stat. 628, set out authority and powers of applicants for public work.
Section 486e, act Aug. 24, 1949, ch. 504, § 7, 63 Stat. 629, provided for cooperation between other Federal agencies and Secretary, and the transfer of jurisdiction from other Federal agencies to Secretary.
Section 486f, act Aug. 24, 1949, ch. 504, § 8, 63 Stat. 629, authorized Secretary to provide public works through the award of contracts.
Section 486g, act Aug. 24, 1949, ch. 504, § 9, 63 Stat. 629, directed that all moneys received by Secretary should be covered into Treasury as miscellaneous receipts.
Section 486h, act Aug. 24, 1949, ch. 504, § 10, 63 Stat. 629, authorized Secretary to utilize and act through other Federal agencies.
Section 486i, act Aug. 24, 1949, ch. 504, § 11, 63 Stat. 629, provided for appropriations to carry out purposes of sections 486 to 486j.
Section 486j, acts Aug. 24, 1949, ch. 504, § 12, 63 Stat. 629; July 15, 1954, ch. 510, 68 Stat. 483, directed that authority of Secretary under sections 486 to 486j of this title shall terminate on
Section 487, act Aug. 9, 1955, ch. 682, § 1, 69 Stat. 618, which authorized Secretary to make investigations of projects for conservation, development, and utilization of water resources of Alaska, was transferred to section 1962d–12 of Title 42, The Public Health and Welfare.
Section 487a, act Aug. 9, 1955, ch. 682, § 2, 69 Stat. 618, which provided for solicitation of views and recommendations by Governor of Alaska or his representative, to Secretary and for transmittal of Secretary’s report to Congress, was transferred to section 1962d–13 of Title 42.
Section 487b, act Aug. 9, 1955, ch. 682, § 3, 69 Stat. 618, which authorized appropriation up to $250,000 in any one year, was transferred to section 1962d–14 of Title 42.
Sections 488 to 488f, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.
Section 488, act May 10, 1956, ch. 248, § 1, 70 Stat. 149, authorized Territory of Alaska to borrow for public improvements and to issue bonds of Territory for such borrowing.
Section 488a, act May 10, 1956, ch. 248, § 2, 70 Stat. 149, placed limitations on Territory in contracting debts.
Section 488b, act May 10, 1956, ch. 248, § 3, 70 Stat. 150, made provisions for type of land to be issued, scheduling of maturity of bonds, payment of bonds, redemption of bond, and refunding.
Section 488c, act May 10, 1956, ch. 248, § 4, 70 Stat. 150, authorized the Territory to borrow on the credit of the Territory and to issue certificates of indebtedness.
Section 488d, act May 10, 1956, ch. 248, § 5, 70 Stat. 150, provided for issuance of bonds and certificates as negotiable instruments.
Section 488e, act May 10, 1956, ch. 248, § 6, 70 Stat. 150, authorized payment of interest on principal of bonds and certificates of indebtedness as they fall due.
Section 488f, act May 10, 1956, ch. 248, § 7, 70 Stat. 150, authorized guarantee of payment on municipality and school and public utility district bonds.
Hawaii was admitted into the Union on
Pub. L. 86–3, “ ‘(1) Shall Hawaii immediately be admitted into the Union as a State? “ ‘(2) The boundaries of the State of Hawaii shall be as prescribed in the Act of Congress approved __________, (Date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States. “ ‘(3) All provisions of the Act of Congress approved __________ (Date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people.’ “In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said State of Hawaii, ratified by the people at the election held submission, the proposed constitution of the proposed on “In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective. “The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States. “Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. “All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of said State, but as to which no writ, action, indictment or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Hawaii in like manner, to the same extent, and with like right of appellate review, as if said State had been created and said State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of said State shall effect no change in the substantive or criminal law governing such causes of action and criminal offenses which shall have arisen or been committed; and such of said criminal offenses as shall have been committed against the laws of the Territory shall be tried and punished by the appropriate courts of said State, and such as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Hawaii.
Pub. L. 104–42, title II, “This title may be cited as the ‘Hawaiian Home Lands Recovery Act’. “[Amended section 386a of Title 25, Indians.] “There are authorized to be appropriated such sums as may be necessary for compensation to the Department of Hawaiian Home Lands for the value of the lost use of lands determined under section 203. Compensation received by the Department of Hawaiian Home Lands from funds made available pursuant to this section may only be used for the purposes described in section 207(a) of the Hawaiian Homes Commission Act [former 48 U.S.C. 701(a)]. To the extent that amounts are made available by appropriations pursuant to this section for compensation paid to the Department of Hawaiian Home Lands for lost use, the Secretary shall reduce the determination of value established under section 203(a)(1)(B) by such amount.”
Pub. L. 105–21,
Pub. L. 102–398, “Act 16 of Session Laws of Hawaii, 1986; “Act 85 of Session Laws of Hawaii, 1986; “Act 249 of Session Laws of Hawaii, 1986; “Act 36 of Session Laws of Hawaii, 1987; “Act 28 of Session Laws of Hawaii, 1989; “Act 265 of Session Laws of Hawaii, 1989; “Act 14 of Session Laws of Hawaii, 1990; “Act 24 of Session Laws of Hawaii, 1990; “Act 150 of Session Laws of Hawaii, 1990; and “Act 305 of Session Laws of Hawaii, 1990.”
Pub. L. 99–557,
Pub. L. 86–624, “ ‘(B) The term “United States” means the continental United States (excluding Alaska and Hawaii)’. “ ‘(B) The term “United States” means the fifty States and the District of Columbia.’ “Promulgations of allotment ratios made under such section 302 after such data for a full year are available from the Department of Commerce, but before such data are available therefrom for a full three-year period, shall be based on such data for such one full year, or when such data are available for a two-year period, for such two years. “ ‘(b) The term “United States” means the fifty States and the District of Columbia.’ “ ‘The term “State” means any one of the fifty States, the District of Columbia, or Puerto Rico.’ “ ‘(d) The Interstate System shall be designated within the United States, including the District of Columbia, and it shall not exceed forty-one thousand miles in total extent. It shall be so located as to connect by routes, as direct as practicable, the principal metropolitan areas, cities, and industrial centers, to serve the national defense and, to the greatest extent possible, to connect at suitable border points with routes of continental importance in the Dominion of Canada and the Republic of Mexico. The routes of this system, to the greatest extent possible, shall be selected by joint action of the State highway departments of each State and the adjoining States, subject to the approval by the Secretary as provided in subsection (e) of this section. All highways or routes included in the Interstate System as finally approved, if not already coincident with the primary system, shall be added to said system without regard to the mileage limitation set forth in subsection (b) of this section. This system may be located both in rural and urban areas.’ “ ‘(1) Continental United States.—The term “continental United States” means the District of Columbia and the States other than Alaska and Hawaii.’ “ ‘(4) State or local government.—The term “State or local government” means any State, any political subdivision thereof, or the District of Columbia.’ “ ‘(3) Promulgations of allotment percentages and computations of Federal shares made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe for Alaska an allotment percentage of 75 per centum and a Federal share of 60 per centum and, for purposes of such promulgations and computations, Alaska shall not be included as part of the “United States”. Promulgations and computations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years. “ ‘(4) The term “United States” means (but only for purposes of this subsection and subsection (i)) the fifty States and the District of Columbia.’ “ ‘(3) As used in this subsection, the term “United States” means the fifty States and the District of Columbia. “ ‘(4) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the “United States.” Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available for the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or when such data are available for a two-year period, for such two years.’ “ ‘(2) The term “United States” means (but only for purposes of this subsection and subsection (a)) the fifty States and the District of Columbia; “ ‘(3) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe an allotment percentage for Alaska of 50 per centum and, for purposes of such promulgation, Alaska shall not be included as part of the “United States”. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years;’. “ ‘(C) The term “United States” means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia. “ ‘(D) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal percentage for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the “United States”. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years.’ “ ‘(d) For purposes of this section, the term “United States” means the fifty States and the District of Columbia. “ ‘(e) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal share for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the “United States”. Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available therefrom for Alaska for such one full year or, when such data are available for a two-year period, for such two years.’
“[Sec. 1. Procedure for conveyance to Hawaii of surplus Federal lands held as ceded, Statehood, permit and Sand Island lands; terms and conditions; monetary consideration; fair market value for improvements; disposal under other applicable laws; proportional payment of proceeds.] That (a)(i) whenever after
“(b) Such lands and property shall be conveyed without monetary consideration, but subject to such other terms and conditions as the Administrator may prescribe: Provided, That, as a condition precedent to the conveyance of such lands, the Administrator shall require payment by the State of Hawaii of the estimated fair market value, as determined by the Administrator, of any buildings, structures, and other improvements erected and made on such lands after they were set aside. In the event that the State of Hawaii does not agree to any payment prescribed by the Administrator, he may remove, relocate, and otherwise dispose of any such buildings, structures, and other improvements under other applicable laws, or if the Administrator determines that they cannot be removed without substantial damage to them or the lands containing them, he may dispose of them and the lands involved under other applicable laws, but, in such cases he shall pay to the State of Hawaii that portion of any proceeds from such disposal which he estimates to be equal to the value of the lands involved. Nothing in this section shall prevent the disposal by the Administrator under other applicable laws of the lands subject to conveyance to the State of Hawaii under this section if the State of Hawaii so chooses.
“
Ex. Ord. No. 11230,
Proc. No. 3309,
WHEREAS the Congress of the United States by the act approved on
WHEREAS it appears from the information before me that a majority of the legal votes cast at an election on
WHEREAS it further appears from information before me that a general election was held on
WHEREAS the Governor of Hawaii has certified to me the results of the submission to the people of Hawaii of the three propositions set forth in section 7(b) of the act of March 18, 1959 [set out above], and the results of the general election; and
WHEREAS I find and announce that the people of Hawaii have duly adopted the propositions required to be submitted to them by the act of
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America, do hereby declare and proclaim that the procedural requirements imposed by the Congress on the State of Hawaii to entitle that State to admission into the Union have been complied with in all respects and that admission of the State of Hawaii into the Union on an equal footing with the other States of the Union is now accomplished.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.
DONE at the City of Washington at four p.m. E.D.T. on this twenty-first day of August in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty-fourth.
[
Ex. Ord. No. 11048,
By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved
[Superseded by Ex. Ord. No. 13022, § 1,
Ex. Ord. No. 13022,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 48 of the Hawaii Omnibus Act, Public Law 86-624 [set out above], and section 301 of title 3, United States Code, it is hereby ordered as follows:
(1) maintaining and restoring natural biological diversity within the refuge;
(2) providing for the conservation and management of fish and wildlife and their habitats within the refuge;
(3) fulfilling the international treaty obligations of the United States with respect to fish and wildlife;
(4) providing opportunities for scientific research, environmental education, and compatible wildlife dependent recreational activities; and
(5) in a manner compatible with refuge purposes, shall recognize and maintain the historic significance of the Midway Islands consistent with the policy stated in Executive Order 11593 of
(b) The Secretary of the Interior shall be responsible for the civil administration of the Midway Islands and all executive and legislative authority necessary for that administration, and all judicial authority respecting the Midway Islands other than the authority contained in 48 U.S.C. 644a.
Sections 491 to 503, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 491, act Apr. 30, 1900, ch. 339, § 2, 31 Stat. 141, gave name Territory of Hawaii to Hawaiian Islands.
Section 492, act Apr. 30, 1900, ch. 339, § 3, 31 Stat. 141, established a Territorial government with its capital at Honolulu.
Section 493, act Apr. 30, 1900, ch. 339, § 1, 31 Stat. 141, defined “the laws of Hawaii” as used in this chapter.
Section 494, act Apr. 30, 1900, ch. 339, § 4, 31 Stat. 141, granted United States citizenship to citizens of former Republic of Hawaii and Territorial citizenship to United States citizens resident in Territory under certain conditions.
Section 495, acts Apr. 30, 1900, ch. 339, § 5, 31 Stat. 141; May 27, 1910, ch. 258, § 1, 36 Stat. 443; Apr. 12, 1930, ch. 136, § 1(a), 46 Stat. 160; June 6, 1932, ch. 209, § 116(b), 47 Stat. 205, made applicable to Territory the United States Constitution and all other laws of the United States including laws carrying general appropriations.
Section 496, act Apr. 30, 1900, ch. 339, § 6, 31 Stat. 142, continued in force laws of Hawaii not inconsistent with the Constitution or laws of the United States.
Section 497, act Apr. 30, 1900, ch. 339, § 74, 31 Stat. 155, continued in force laws of Hawaii relating to agriculture and forestry subject to modification by Congress or the Legislature.
Section 498, act Apr. 30, 1900, ch. 339, § 102, 31 Stat. 161, related to abolishment of laws related to postal savings banks.
Section 499, Joint Res.
Section 500, act Apr. 30, 1900, ch. 339, § 9, 31 Stat. 143, amended the laws of Hawaii to read “Governor of the Territory” or “Territory” as the context required whenever reference was made to “President of the Republic” or “Republic” in the laws.
Section 501, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, continued in effect and transferred to Territory of Hawaii prior rights in favor and against the former Republic of Hawaii and preserved all criminal proceedings.
Section 502, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, prohibited suits for specific performance of personal labor contracts.
Section 503, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, provided that contracts made between
Section, act Apr. 30, 1900, ch. 339, § 10, 31 Stat. 143, related to applicability of immigration contract labor law. See section 1151 et seq. of Title 8, Aliens and Nationality.
Sections 505 to 518, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 505, act Apr. 30, 1900, ch. 339, § 11, 31 Stat. 144, prescribed the style of process in courts.
Section 506, act Apr. 30, 1900, ch. 339, §§ 95, 96, 31 Stat. 160, made certain fisheries free to United States citizens subject to vested rights.
Section 507, act Apr. 30, 1900, ch. 339, § 96, 31 Stat. 160, provided for condemnation of private fishing rights.
Section 508, acts Apr. 30, 1900, ch. 339, § 97, 31 Stat. 160; July 1, 1944, ch. 373, title IX, § 913, formerly title VI, § 611, 58 Stat. 714, provided that jurisdiction of health laws remain under the control of Territory of Hawaii.
Section 509, act Apr. 30, 1900, ch. 339, § 98, 31 Stat. 161, allowed American registry of Hawaiian-registered vessels.
Section 510, acts Apr. 30, 1900, ch. 339, § 89, 31 Stat. 159; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561; June 29, 1954, ch. 418, 68 Stat. 323, placed control of wharves and landings under Territory of Hawaii.
Section 511, acts Apr. 30, 1900, ch. 339, § 91, 31 Stat. 159; May 27, 1910, ch. 258, § 7, 36 Stat. 447; June 19, 1930, ch. 546, 46 Stat. 789;
Section 512, act May 26, 1906, ch. 2561, 34 Stat. 204, made provision for sale, lease, or disposal of personal or movable property ceded to the United States.
Section 513, act Jan. 14, 1903, ch. 186, §§ 1, 2, 32 Stat. 770, called for recoinage of Hawaiian silver coins into subsidiary silver coins of the United States.
Section 514, act Jan. 14, 1903, ch. 186, § 3, 32 Stat. 771, allowed any collector of customs or internal revenue to exchange United States coins in his custody for Hawaiian coins under regulations of Secretary of the Treasury.
Section 515, act Jan. 14, 1903, ch. 186, § 4, 32 Stat. 771, allowed recoinage of mutilated or abraded Hawaiian coins into subsidiary coinage of the United States by any mint of the United States.
Section 516, act Jan. 14, 1903, ch. 186, § 6, 32 Stat. 771, made unlawful circulation as money of any silver certificate issued by government of Hawaiian Islands prior to
Section 517, act Jan. 14, 1903, ch. 186, § 7, 32 Stat. 771, limited redemption of Hawaiian silver certificates or silver coin to redemption in manner and upon conditions set for recoinage of Hawaiian silver.
Section 518, act Apr. 30, 1900, ch. 339, § 105, as added July 9, 1921, ch. 42, § 315, 42 Stat. 120, prohibited employment as a mechanic or laborer on any public work of persons not citizens of the United States or eligible for such citizenship.
Section, act Jan. 2, 1942, ch. 646, 55 Stat. 881, related to employment of nationals of the United States on public works in Hawaii during the national emergency.
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, § 302, 42 Stat. 116; June 6, 1926, ch. 512, §§ 1, 2, 44 Stat. 710, 711, which required two-year residence for grant of a divorce, was omitted in view of admission of Hawaii into the Union.
Section, act May 23, 1918, ch. 84, § 1, 40 Stat. 560, prohibited manufacture, sale, transport, etc., of intoxicating liquors.
Sections 531 to 535, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 531, acts Apr. 30, 1900, ch. 339, § 66, 31 Stat. 153; July 9, 1921, ch. 42, § 303, 42 Stat. 116, vested executive power in a governor and set out his age and residence requirements, appointment, term, and powers in general.
Section 532, act Apr. 30, 1900, ch. 339, § 67, 31 Stat. 153, made governor responsible for the execution of all laws and granted him other executive powers.
Section 533, act Apr. 30, 1900, ch. 339, § 68, 31 Stat. 153, vested in governor powers and duties of specified former officials.
Section 534, acts Apr. 30, 1900, ch. 339, § 69, 31 Stat. 154; July 2, 1932, ch. 389, 47 Stat. 565;
Section 535, act Apr. 30, 1900, ch. 339, § 70, 31 Stat. 154, called for secretary to perform duties of governor in event of governor’s death, removal, resignation, or disability.
Section, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, § 314, 42 Stat. 120; Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 680, prescribed salary of governor and secretary of Territory of Hawaii, and specified incidental expenses of governor.
Sections 537 and 538, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 537, act Apr. 30, 1900, ch. 339, § 71, 31 Stat. 154, prescribed powers and duties of attorney general of Hawaii.
Section 538, act Apr. 30, 1900, ch. 339, § 72, 31 Stat. 154, prescribed powers and duties of treasurer of Hawaii.
Section, acts Apr. 30, 1900, ch. 339, § 92, 31 Stat. 159; May 27, 1910, ch. 258, § 8, 36 Stat. 448; July 9, 1921, ch. 42, § 314, 42 Stat. 120, authorized governor to employ a private secretary at an annual salary of $3,000.
Section, act Apr. 30, 1900, ch. 339, § 75, 31 Stat. 155, which prescribed powers and duties of superintendent of public works, was omitted in view of admission of Hawaii into the Union.
Section, acts Apr. 30, 1900, ch. 339, § 76, 31 Stat. 155; Apr. 8, 1904, ch. 948, 33 Stat. 164; Mar. 4, 1913, ch. 141, § 3, 37 Stat. 737, prescribed powers and duties of the superintendent of public instruction.
Sections 542 to 546, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 542, acts Apr. 30, 1900, ch. 339, § 77, 31 Stat. 156; Aug. 1, 1956, ch. 862, § 1, 70 Stat. 920, created posts of auditor and deputy auditor and prescribed their powers and duties.
Section 542a, act Apr. 30, 1900, ch. 339, § 77A, as added Aug. 1, 1956, ch. 862, § 2, 70 Stat. 920, created position of post auditor and set out his duties, term, and powers.
Section 543, act Apr. 30, 1900, ch. 339, § 78, 31 Stat. 156, prescribed powers and duties of surveyor.
Section 544, act Apr. 30, 1900, ch. 339, § 79, 31 Stat. 156, prescribed powers and duties of high sheriff and deputies.
Section 545, act Apr. 30, 1900, ch. 339, § 106, as added July 9, 1921, ch. 42, § 315, 42 Stat. 121, and amended
Section 546, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. 42, § 312, 42 Stat. 119; Aug. 1, 1956, ch. 862, § 1, 70 Stat. 920;
Sections 561 to 599, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 561, act Apr. 30, 1900, ch. 339, § 12, 31 Stat. 144, called for a bicameral legislature for Territory consisting of a senate and house of representatives.
Section 562, acts Apr. 30, 1900, ch. 339, § 55, 31 Stat. 150; May 27, 1910, ch. 258, § 4, 36 Stat. 444; July 9, 1921, ch. 42, § 302, 42 Stat. 116; June 9, 1926, ch. 512, §§ 1, 2, 44 Stat. 710, 711; Aug. 1, 1956, ch. 851, § 7, 70 Stat. 907;
Section 562a, act July 15, 1935, ch. 378, § 1, 49 Stat. 479, authorized issuance of revenue bonds by legislature and empowered legislature to authorize issuance of bonds by political or municipal corporations or subdivisions.
Section 562b, act July 15, 1935, ch. 378, § 2, 49 Stat. 480, empowered legislature to authorize city and county of Honolulu to issue flood control bonds.
Section 562c, act July 15, 1935, ch. 378, § 3, 49 Stat. 480, approved, ratified, and confirmed issuance of revenue bonds which had been authorized by legislature prior to
Section 562c–1, act Apr. 3, 1944, ch. 154, 58 Stat. 186, ratified and confirmed legislative action which had extended time within which revenue bonds could be issued without presidential approval and without reference to Hawaiian Organic Act.
Section 562c–2, act July 30, 1947, ch. 396, 61 Stat. 676, ratified and confirmed legislative action which had extended time within which revenue bonds could be issued without presidential approval and without reference to Hawaiian Organic Act.
Section 562d, act Aug. 3, 1935, ch. 436, § 1, 49 Stat. 516, empowered legislature to authorize issuance of revenue bonds by political or municipal corporations or subdivisions of Territory and confirmed and ratified acts of legislature prior to
Section 562e, acts Aug. 3, 1935, ch. 436, § 2, 49 Stat. 517; May 28, 1937, ch. 274, 50 Stat. 211; July 10, 1937, ch. 486, 50 Stat. 509, authorized Territory to issue public improvement bonds.
Section 562e–1, act June 29, 1954, ch. 417, 68 Stat. 322, ratified and confirmed Revenue Bond Act of 1935, as amended, through the 1953 regular session of legislature.
Section 562f, act July 10, 1937, ch. 485, 50 Stat. 508, authorized issuance of public improvement bonds by Territory.
Section 562g, acts July 10, 1937, ch. 484, 50 Stat. 508; July 18, 1950, ch. 466, title II, § 202(a), 64 Stat. 345, authorized legislature to establish authorities for slum clearance and housing projects, made provision for issuance of bonds therefor, ratified and confirmed prior legislation on subject, and provided that powers granted should not be in derogation of other powers granted by other laws.
Section 562h, act July 10, 1937, ch. 483, § 1, 50 Stat. 507, empowered legislature to authorize city and county of Honolulu to issue general obligation bonds to permit construction of a sewer system.
Section 562i, act July 10, 1937, ch. 483, § 2, 50 Stat. 507, dealt with nature of Honolulu sewer system bonds and provided for their maturity.
Section 562j, act July 10, 1937, ch. 483, § 3, 50 Stat. 507, ratified and confirmed action taken by legislature in its 1937 session pertaining to issuance of sewer bonds.
Section 562k, act July 18, 1947, ch. 265, 61 Stat. 381, permitted legislature to authorize issue of additional general obligation bonds by city and county of Honolulu for construction of a sewer system and ratified actions taken in 1947 session of legislature pertaining to issuance of sewer system bonds.
Section 562l, act July 15, 1947, ch. 250, 61 Stat. 326, authorized and empowered Territory to issue public improvement bonds during 1947–1951 and provided for maturity of such bonds and their issuance without presidential approval.
Section 562m, act Oct. 26, 1949, ch. 754, §§ 1–3, 63 Stat. 926, authorized and empowered Territory to issue public improvement bonds during 1949–1955, and provided for their maturity and issuance without presidential approval.
Section 562n, acts Aug. 24, 1954, ch. 889, §§ 1–3, 68 Stat. 782; July 14, 1956, ch. 606, § 1, 70 Stat. 552;
Section 562o, acts Aug. 24, 1954, ch. 892, §§ 1, 3, 4, 68 Stat. 785; July 14, 1956, ch. 606, § 2, 70 Stat. 552;
Section 562p, act Aug. 24, 1954, ch. 896, §§ 1–3, 68 Stat. 787, empowered legislature to authorize city and county of Honolulu to issue public improvement bonds for construction of sewerage systems in Honolulu.
Section 562q, act Aug. 24, 1954, ch. 898, §§ 1–3, 68 Stat. 788, empowered legislature to authorize city and county of Honolulu to issue public improvement bonds for construction of flood-control and drainage systems in Honolulu.
Section 562r, act July 11, 1956, ch. 567, §§ 1–3, 70 Stat. 526, ratified and confirmed issuance of general obligation bonds by city and county of Honolulu and authorized issuance of additional bonds, setting a limit on size of such issue.
Section 562s, act July 14, 1956, ch. 602, § 1, 70 Stat. 545, authorized Territory to issue revenue bonds for highway construction payable from funds derived from highway vehicle fuel taxes.
Section 562t, act July 14, 1956, ch. 602, § 2, 70 Stat. 545, set out certain requirements for bonds issued under section 562s.
Section 562u, act July 14, 1956, ch. 602, § 3, 70 Stat. 545, allowed application of federal-aid highway funds to aid in retirement of highway bonds.
Section 562v, act July 14, 1956, ch. 602, § 4, 70 Stat. 545, defined “highway fuel taxes” as used in sections 562s–562v.
Section 562w, Pub. L. 85–534, § 2,
Section 563, acts Apr. 30, 1900, ch. 339, § 56, 31 Stat. 151; Mar. 3, 1905, ch. 1465, § 1, 33 Stat. 1035, empowered legislature to create town and city municipalities and provide for government thereof.
Section 564, act Apr. 30, 1900, ch. 339, § 13, 31 Stat. 144, prohibited persons from sitting as senators and representatives in legislature except in conformity with statutory provisions therefor.
Section 565, acts Apr. 30, 1900, ch. 339, § 30, 31 Stat. 146; Aug. 1, 1956, ch. 851, § 1, 70 Stat. 903, provided for number of senators and for the length of their term.
Section 566, acts Apr. 30, 1900, ch. 339, § 34, 31 Stat. 147; Sept. 15, 1922, ch. 315, 42 Stat. 844, set out age, citizenship, and residence requirements of senators.
Section 567, act Apr. 30, 1900, ch. 339, § 31, 31 Stat. 146, called for filling of vacancies in senate caused by death, resignation, or otherwise through general or special elections.
Section 568, acts Apr. 30, 1900, ch. 339, § 32, 31 Stat. 147; Aug. 1, 1956, ch. 851, § 2, 70 Stat. 903, divided Territory into senatorial districts.
Section 569, acts Apr. 30, 1900, ch. 339, § 33, 31 Stat. 147; Aug. 1, 1956, ch. 851, § 3, 70 Stat. 903, apportioned senators between various senatorial districts.
Section 570, acts Apr. 30, 1900, ch. 339, § 35, 31 Stat. 147; Aug. 1, 1956, ch. 851, § 4, 70 Stat. 903, set out number of representatives and called for their election by qualified voters of respective representative districts.
Section 571, acts Apr. 30, 1900, ch. 339, § 40, 31 Stat. 148; Sept. 15, 1922, ch. 315, 42 Stat. 844, stated age, citizenship, and residence requirements of representatives.
Section 572, act Apr. 30, 1900, ch. 339, § 36, 31 Stat. 147, placed term of office of representatives as period between their election at a general or special election and next general election held thereafter.
Section 573, act Apr. 30, 1900, ch. 339, § 37, 31 Stat. 147, directed that vacancies in house of representatives caused by death, resignations, or otherwise be filled by special elections.
Section 574, acts Apr. 30, 1900, ch. 339, § 38, 31 Stat. 147; Aug. 1, 1956, ch. 851, § 5, 70 Stat. 906, divided Territory into representative districts.
Section 575, acts Apr. 30, 1900, ch. 339, § 39, 31 Stat. 147; Aug. 1, 1956, ch. 851, § 6, 70 Stat. 906, apportioned representatives between the representative districts.
Section 576, acts Apr. 30, 1900, ch. 339, §§ 41–43, 31 Stat. 148;
Section 577, act Apr. 30, 1900, ch. 339, § 44, 31 Stat. 148, set out enacting clause of all laws and required that all legislative sessions be conducted in English language.
Section 578, act Apr. 30, 1900, ch. 339, § 45, 31 Stat. 148, required that each law embrace but one subject and that its subject be expressed in its title.
Section 579, act Apr. 30, 1900, ch. 339, § 46, 31 Stat. 148, covered passage of bills on three readings on separate days and final passage by a majority vote of all members to which each house is entitled taken by ayes and noes and entered upon journal.
Section 580, act Apr. 30, 1900, ch. 339, § 47, 31 Stat. 149, provided for certification of bills by the presiding officer or clerk of the house just passed and immediate submission to other house for consideration.
Section 581, act Apr. 30, 1900, ch. 339, § 49, 31 Stat. 149, made provision for veto or approval of bills and allowed veto of specific items in appropriation bills while requiring veto of all other bills only in their entirety.
Section 582, act Apr. 30, 1900, ch. 339, § 48, 31 Stat. 149, required signature of governor to make valid all bills passed by legislature except as otherwise provided.
Section 583, act Apr. 30, 1900, ch. 339, § 50, 31 Stat. 149, set out procedure to be followed by legislature in event of a veto by governor.
Section 584, act Apr. 30, 1900, ch. 339, § 51, 31 Stat. 149, set out effect to be given governor’s failure to sign, veto, or return a bill passed by legislature and sent to him.
Section 585, acts Apr. 30, 1900, ch. 339, § 52, 31 Stat. 149; May 27, 1910, ch. 258, § 3, 36 Stat. 444, required that appropriation be made by legislature except as otherwise provided.
Section 586, acts Apr. 30, 1900, ch. 339, § 53, 31 Stat. 149;
Section 587, act Apr. 30, 1900, ch. 339, § 54, 31 Stat. 150, made provision for calling of an extra session of the legislature and payment by treasurer of current expenses in event of failure of legislature to pass appropriation bills covering necessary current expenses.
Section 588, acts Apr. 30, 1900, ch. 339, § 16, 31 Stat. 145; Oct. 26, 1949, ch. 752, 63 Stat. 926, prohibited appointment or election of a member of legislature to any office of Territory during term for which he was elected.
Section 589, act Apr. 30, 1900, ch. 339, § 17, 31 Stat. 145, made ineligible to hold office of member of legislature any person holding office in or under or by authority of Government of United States or Territory of Hawaii.
Section 590, act Apr. 30, 1900, ch. 339, § 18, 31 Stat. 145, made ineligible to vote for or hold office in legislature all idiot or insane persons, persons expelled from legislature for bribery, and persons convicted of criminal offenses punishable by imprisonment for a term exceeding one year unless person was convicted and subsequently had his civil rights restored.
Section 591, act Apr. 30, 1900, ch. 339, § 19, 31 Stat. 145, prescribed oath to be taken by legislators and territorial officers.
Section 592, act Apr. 30, 1900, ch. 339, § 20, 31 Stat. 145, called for senate and house of representatives to choose their own officers, determine rules and keep a journal.
Section 593, act Apr. 30, 1900, ch. 339, § 21, 31 Stat. 145, required that, at desire of one-fifth of members present, ayes and noes of members be entered on journal.
Section 594, act Apr. 30, 1900, ch. 339, §§ 22–24, 31 Stat. 145, set out attendance required for a quorum of each house of legislature, votes required for final passage of a law, adjournment, absentees, and a count of members present by chairman.
Section 595, act Apr. 30, 1900, ch. 339, § 28, 31 Stat. 146, granted members of legislature a privilege for any word uttered in exercise of their legislative functions in either house.
Section 596, act Apr. 30, 1900, ch. 339, § 27, 31 Stat. 146, authorized each house of legislature to punish its members by censure for disorderly behavior or neglect of duty and to suspend or expel its members by a two-thirds vote.
Section 597, act Apr. 30, 1900, ch. 339, § 25, 31 Stat. 146, authorized each house to punish non-members for contempt but granted a person so charged right to be informed of charges, present evidence, and be heard in his own defense.
Section 598, act Apr. 30, 1900, ch. 339, § 29, 31 Stat. 146, granted members of legislature a privilege from arrest, except in cases of treason, felony, or breach of peace, during their attendance at sessions in their respective houses.
Section 599, acts Apr. 30, 1900, ch. 339, § 26, 31 Stat. 146; May 27, 1910, ch. 258, § 2, 36 Stat. 444; July 9, 1921, ch. 42, § 301, 42 Stat. 115; June 27, 1930, ch. 647, 46 Stat. 824;
Sections 611 to 620, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 611, act Apr. 30, 1900, ch. 339, § 14, 31 Stat. 144, called general elections to be held on the Tuesday next after first Monday in November, biennially in even-numbered years.
Section 612, act Apr. 30, 1900, ch. 339, § 15, 31 Stat. 145, made each house judge of elections, returns, and qualifications of its own members.
Section 613, act Apr. 30, 1900, ch. 339, §§ 57, 58, 31 Stat. 151, granted each elector a privilege from military duty on election day in any way which would deprive him of his vote except in time of war or public danger and also granted a privilege from arrest while going to and returning from attendance at election except in certain cases.
Section 614, act Apr. 30, 1900, ch. 339, § 59, 31 Stat. 151, allowed each voter for representative to vote for as many representatives as would be elected from representative district in which voter was entitled to vote and gave posts of representatives to those candidates receiving highest number of votes.
Section 615, act Apr. 30, 1900, ch. 339, § 61, 31 Stat. 152, allowed each voter to cast one vote for senator to be elected from district in which voter could vote and called for required numbers of candidates receiving highest number of votes to become senators for their districts.
Section 616, act Apr. 30, 1900, ch. 339, § 62, 31 Stat. 152, made qualifications for voters for senator and for all other elections same as qualifications for voters casting votes for representative.
Section 617, acts Apr. 30, 1900, ch. 339, § 60, 31 Stat. 151; June 26, 1930, ch. 620, 46 Stat. 818, set out qualifications required for an elector to vote for representative.
Section 618, act June 13, 1918, ch. 97, §§ 1, 2, 4, 40 Stat. 604, authorized extension of franchise to women, and was repealed by act Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029. See Const. Amend. 19.
Section 619, act Apr. 30, 1900, ch. 339, § 63, 31 Stat. 152, prevented from voting all persons who were in Hawaii by reason of being in Army or Navy or being attached to troops of the United States.
Section 619a, act Apr. 30, 1900, ch. 339, § 64, 31 Stat. 152, continued in force rules and regulations for administering oaths and holding elections.
Section 620, act Apr. 30, 1900, ch. 339, § 65, 31 Stat. 153, authorized legislature to establish and alter boundaries of election districts and voting precincts and apportion senators and representatives to be elected from such districts.
Sections 631 to 633, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 631, act Apr. 30, 1900, ch. 339, § 81, 31 Stat. 157, made provision for vesting of judicial power in courts and continued in force the courts’ jurisdiction and procedure previously in force.
Section 632, acts Apr. 30, 1900, ch. 339, § 82, 31 Stat. 157; June 15, 1950, ch. 250, 64 Stat. 216, set out size and organization of supreme court, appointment and qualifications of its members, and provisions for filling of vacancies therein.
Section 633, acts Apr. 30, 1900, ch. 339, § 80, 31 Stat. 156; Mar. 3, 1905, ch. 1465, § 2, 33 Stat. 1035; July 9, 1921, ch. 42, § 312, 42 Stat. 119; May 9, 1956, ch. 237, § 1, 70 Stat. 130, called for presidential appointment of members of supreme court and circuit courts and set tenure and qualifications of judges.
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, § 314, 42 Stat. 120, related to salaries of justices of supreme court and circuit courts.
Section 634a, acts May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997; Apr. 30, 1956, ch. 226, § 1, 70 Stat. 123, related to salaries of justices of supreme court and circuit courts.
Section 634b, acts May 31, 1938, ch. 301, § 1, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 1, 60 Stat. 90, related to retirement of justices and judges.
Section 634c, acts May 31, 1938, ch. 301, § 2, 52 Stat. 591; Apr. 16, 1946, ch. 139, § 2, 60 Stat. 90, related to computation of years of service.
Sections 635 and 636, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 635, acts Apr. 30, 1900, ch. 339, § 83, 31 Stat. 157; Apr. 1, 1952, ch. 127, § 1, 66 Stat. 32, continued in force all laws relating to judicial departments and procedure, but made certain changes with reference to membership qualifications for membership on juries.
Section 636, acts Apr. 30, 1900, ch. 339, § 84, 31 Stat. 157; May 27, 1910, ch. 258, § 6, 36 Stat. 447, set out standards for disqualification of jurors who were related by affinity or consanguinity with a person interested in case being tried and for disqualification of judges in certain cases.
Section 641, acts Apr. 30, 1900, ch. 339, § 86(a), (d), 31 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 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; July 31, 1946, ch. 704, § 1, 60 Stat. 716, related to district court, sessions, powers, terms. See section 81 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 642, acts Apr. 30, 1900, ch. 339, § 86(c), 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 167; July 9, 1921, ch. 42, § 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to jurisdiction of district court and authority of officers. See sections 81 et seq., 451 et seq., 501 et seq., 531 et seq., and 1331 et seq. of Title 28.
Section 642a, acts Aug. 13, 1940, ch. 662, 54 Stat. 784; Apr. 29, 1948, ch. 241, § 1, 62 Stat. 204, related to jurisdiction of cases arising on Midway, Wake, Johnston, etc., Islands. See section 91 of Title 28.
Section 643, acts Apr. 30, 1900, ch. 339, § 86, 31 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 Stat. 890, related to appointment and term of office of judges, district attorney, and marshal. See sections 133, 134, 501, 504, and 541 of Title 28.
Section 644, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 4, 1921, ch. 161, § 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, 1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to appointment and salaries of clerks, deputy clerks and reporters. See sections 604, 751, and 753 of Title 28.
The jurisdiction of the United States District Court for the District of Hawaii is extended to all civil and criminal cases arising on or within the Midway Islands, Wake Island, Johnston Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island, Howland Island, Jarvis Island, and, having regard to the special status of Canton and Enderbury Islands pursuant to an agreement of
The laws of the United States relating to juries and jury trials shall be applicable to the trial of such cases before said district court.
1960—Pub. L. 86–624 struck out Kure Island.
1959—Pub. L. 86–3 extended jurisdiction to cases arising on or within Palmyra Island.
Amendment by Pub. L. 86–3 effective on admission of the State of Hawaii into the Union, see note set out under section 91 of Title 28, Judiciary and Judicial Procedure. Admission of Hawaii into the Union was accomplished
By a treaty of friendship, TIAS 10777, which entered into force
Section, acts Apr. 30, 1900, ch. 339, § 86, 31 Stat. 158; Mar. 3, 1909, ch. 269, § 1, 35 Stat. 838; Mar. 11, 1911, ch. 231, § 291, 36 Stat. 167; Mar. 4, 1920, ch. 161, § 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, 1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13, 1926, ch. 6, § 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; July 31, 1946, ch. 704, § 1, 60 Stat. 716; June 25, 1948, ch. 646, §§ 8, 39, 62 Stat. 986, 992, related to removal of causes and appeal. See section 91 of Title 28, Judiciary and Judicial Procedure and notes thereunder.
Section, act Apr. 30, 1900, ch. 339, § 86a, as added June 19, 1939, ch. 211, 53 Stat. 841, related to rules in civil actions. See section 2072 of Title 28, Judiciary and Judicial Procedure.
Section, acts Apr. 30, 1900, ch. 339, § 85, 31 Stat. 158; June 28, 1906, ch. 3582, 34 Stat. 550, which provided for the election of a Delegate to the House of Representatives of the United States to serve during each Congress, was omitted in view of the admission of Hawaii into the Union.
Sections 661 to 678, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 661, act
Section 662, act Apr. 30, 1900, ch. 339, § 99, 31 Stat. 161, which declared to be property of Hawaiian Government portion of public domain known prior to
Section 663, acts Apr. 30, 1900, ch. 339, § 73(a), (b), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, § 304, 42 Stat. 116, defined “public lands”, “commissioner”, “land board”, and “person”, and incorporated by reference certain other defined terms.
Section 664, acts Apr. 30, 1900, ch. 339, § 73(c), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, declared that laws of Hawaii relating to public lands, settlement of boundaries and issuance of patents on land commission awards, shall continue in force until Congress shall otherwise provide.
Section 664a, act Sept. 26, 1941, ch. 426, § 1, 55 Stat. 734, ratified Hawaiian realty transactions consummated on or before
Section 664b, act Sept. 26, 1941, ch. 426, § 2, 55 Stat. 734, provided that realty transaction so ratified shall be deemed and held to be perfect and valid from day of date thereof.
Section 665, acts Apr. 30, 1900, ch. 339, § 73(d), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117;
Section 666, acts Apr. 30, 1900, ch. 339, § 73(e), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, § 304, 42 Stat. 117, directed that all funds arising from sale or lease of public lands be appropriated by laws of government of the territory of Hawaii.
Section 667, acts Apr. 30, 1900, ch. 339, § 73(f), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, set out requirements for those who would be entitled to receive any certificate of occupation, right of purchase lease, cash freehold agreement, or special homestead agreement. Section was also classified to section 1509 of this title.
Section 668, acts Apr. 30, 1900, ch. 339, § 73(g), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, prescribed limitations on alienation of public lands for which certificates of occupancy have been issued. Section was also classified to section 1510 of this title.
Section 669, acts Apr. 30, 1900, ch. 339, § 73(h), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1919, ch. 258; § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118, set out provisions for forfeiture of lands for noncompliance with prior provisions.
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, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 305, 42 Stat. 118; July 27, 1939, ch. 383, § 1, 53 Stat. 1126; July 9, 1952, ch. 617, 66 Stat. 515; Apr. 6, 1956, ch. 180, § 1, 70 Stat. 102; Aug. 1, 1956, ch. 854, 70 Stat. 918, determined persons entitled to take under certificates of occupation, lease or agreement.
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, § 5, 36 Stat. 445; July 9, 1921, ch. 42, § 306, 42 Stat. 118, gave commissioner, with approval of governor, right to give preferences in purchasing of public lands. Section was also classified to section 1511 of this title.
Section 672, acts Apr. 30, 1900, ch. 339, § 73(k), 31 Stat. 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, gave commissioner, with approval of governor, power to issue patents to churches or religious organizations. Section was also classified to section 1512 of this title.
Section 673, acts Apr. 30, 1900, ch. 339, § 73(l), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 308, 42 Stat. 118; Aug. 7, 1946, ch. 771, 60 Stat. 871; July 9, 1952, ch. 616, § 1, 66 Stat. 514; Apr. 6, 1956, ch. 185, § 1, 70 Stat. 104;
Section 674, acts Apr. 30, 1900, ch. 339, § 73(m), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56, May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 309, 42 Stat. 119, opened agricultural lands for settlement.
Section 675, acts Apr. 30, 1900, ch. 339, § 73(n), (p), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, §§ 310, 311, 42 Stat. 119, provided for survey and opening of homestead entry agricultural lands.
Section 676, acts Apr. 30, 1900, ch. 339, § 73(o), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 446; July 9, 1921, ch. 42, § 310, 42 Stat. 119, permitted any person under a general lease from Territory, to continue in possession of such land after expiration of lease until such time as homesteader takes actual possession thereof under any form of homestead agreement.
Section 677, acts Apr. 30, 1900, ch. 399, § 73(q), 31 Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258, § 5, 36 Stat. 447; July 9, 1921, ch. 42, § 311, 42 Stat. 119; Aug. 21, 1941, ch. 394, § 1, 55 Stat. 658;
Section 677–1, act Apr. 30, 1900, ch. 339, § 73(r), as added Aug. 1, 1956, ch. 820, § 1, 70 Stat. 785, provided for disposition of remnants of public lands.
Section 677a, act Apr. 30, 1900, ch. 339, § 73(par.), as added June 12, 1940, ch. 336, § 1, 54 Stat. 345, provided for reamortization of indebtedness under homestead agreements.
Section 677b, act Apr. 30, 1900, ch. 339, § 73(par.), as added June 12, 1940, ch. 336, § 1, 54 Stat. 346, provided for refunds on account of reamortization of homestead agreements.
Section 678, act Apr. 30, 1900, ch. 339, § 107, as added July 9, 1921, ch. 42, § 315, 42 Stat. 121, cited the Act of April 30, 1900, ch. 339, 31 Stat. 141, as the “Hawaiian Organic Act”.
Sections 691 to 718, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 691, act July 9, 1921, ch. 42, title I, § 1, 42 Stat. 108, cited sections 691–704 and 705–716 of this title, as the “Hawaiian Homes Commission Act, 1920”.
Section 692, acts July 9, 1921, ch. 42, title II, § 201, 42 Stat. 108; June 18, 1954, ch. 321, § 2, 68 Stat. 264, defined “Commission”, “public lands”, “fund”, “Territory”, “Hawaiian home lands”, “tract”, “native Hawaiian” and “irrigated pastoral land” as used in “Hawaiian Homes Commission Act, 1920”.
Section 693, acts July 9, 1921, ch. 42, title II, § 202, 42 Stat. 109; July 26, 1935, ch. 420, § 1, 49 Stat. 504; May 31, 1944, ch. 216, § 1, 58 Stat. 260; July 9, 1952, ch. 618, §§ 1, 3, 66 Stat. 515, 516, established Hawaiian Homes Commission.
Section 694, acts July 9, 1921, ch. 42, title II, § 222, 42 Stat. 115; Nov. 26, 1941, ch. 544, § 7, 55 Stat. 787; June 14, 1948, ch. 646, § 8, 62 Stat. 394, empowered commission to make such regulations and with approval of Governor, such expenditures as are necessary to efficient execution of his office.
Section 695, act July 9, 1921, ch. 42, title II, § 222, 42 Stat. 115, required commission to make a biennial report to legislature of Territory.
Section 696, act July 9, 1921, ch. 42, title II, § 222, 42 Stat. 115, directed that executive officer and secretary give bond for faithful performance of his duties.
Section 697, acts July 9, 1921, ch. 42, title II, § 203, 42 Stat. 109; May 16, 1934, ch. 290, § 1, 48 Stat. 777; Aug. 29, 1935, ch. 810, § 1, 49 Stat. 966; July 10, 1937, ch. 482, 50 Stat. 497; Nov. 26, 1941, ch. 544, § 1, 55 Stat. 782; May 31, 1944, ch. 216, § 2, 58 Stat. 260; June 3, 1948, ch. 384, 62 Stat. 295; June 3, 1948, ch. 397, 62 Stat. 303; July 9, 1952, ch. 614, §§ 1, 2, 66 Stat. 511, designated certain lands in Territory as “available land”.
Section 698, acts July 9, 1921, ch. 42, title II, § 204, 42 Stat. 110; Mar. 7, 1928, ch. 142, § 1, 45 Stat. 246; July 10, 1937, ch. 482, 50 Stat. 503; Feb. 20, 1954, ch. 10, § 1, 68 Stat. 16; June 18, 1954, ch. 319, § 1, 68 Stat. 262, provided that after
Section 699, act July 9, 1921, ch. 42, title II, § 205, 42 Stat. 110, provided for sale or lease of available lands.
Section 700, act July 9, 1921, ch. 42, title II, § 206, 42 Stat. 110, declared that available lands were not subject to disposition by Governor, Commissioner of Public Lands, or Board of Public Lands.
Section 701, acts July 9, 1921, ch. 42, title II, § 207, 42 Stat. 110; Feb. 3, 1923, ch. 56, § 1, 42 Stat. 1222; May 16, 1934, ch. 290, § 2, 48 Stat. 779; July 10, 1937, ch. 482, 50 Stat. 504; May 31, 1944, ch. 216, §§ 3, 4, 58 Stat. 264; June 14, 1948, ch. 464, §§ 1, 2, 62 Stat. 390; June 18, 1954, ch. 321, § 1, 68 Stat. 263;
Section 702, acts July 9, 1921, ch. 42, title II, § 208, 42 Stat. 111; July 10, 1937, ch. 482, 50 Stat. 504; Nov. 26, 1941, ch. 544, § 2, 55 Stat. 783;
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, ch. 544, § 3, 55 Stat. 783; July 9, 1952, ch. 614, § 4, 66 Stat. 514, established rules governing successors to lessees.
Section 704, act July 9, 1921, ch. 42, title II, § 210, 42 Stat. 111, gave Commission power to cancel leases.
Section 704a, acts May 16, 1934, ch. 200, § 3, 48 Stat. 779; July 9, 1952, ch. 614, § 3, 66 Stat. 513, gave a preference to residents in leasing of lands.
Section 705, act July 9, 1921, ch. 42, title II, § 211, 42 Stat. 112, provided for community pastures adjacent to each district in which agricultural lands were leased.
Section 706, act July 9, 1921, ch. 42, title II, § 212, 42 Stat. 112, gave Commission power to return lands not leased to control of Commissioner of Public Lands.
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, 1928, ch. 142, § 2, 45 Stat. 246; Nov. 26, 1941, ch. 544, § 4, 55 Stat. 784; June 14, 1948, ch. 464, § 3, 62 Stat. 390; July 9, 1952, ch. 615, §§ 1, 2, 66 Stat. 514;
Section 707a, act July 9, 1921, ch. 42, title II, § 225, as added Nov. 26, 1941, ch. 544, § 8, 55 Stat. 787, and amended June 14, 1948, ch. 464, § 9, 62 Stat. 394, gave Commission power to invest and reinvest any of moneys in loan fund.
Section 708, act July 9, 1921, ch. 42, title II, § 214, 42 Stat. 112, authorized Commission to make loans from fund to lessee of any tract or successor to his interest therein.
Section 709, acts July 9, 1921, ch. 42, title II, § 215, 42 Stat. 112; Feb. 3, 1923, ch. 56, § 3, 42 Stat. 1222; July 10, 1937, ch. 482, 50 Stat. 505; Nov. 26, 1941, ch. 544, § 5, 55 Stat. 785; June 14, 1948, ch. 464, §§ 4, 5, 62 Stat. 392; July 9, 1952, ch. 615, §§ 3, 4, 66 Stat. 514, set up conditions to be followed in contracts of loan.
Section 710, acts July 9, 1921, ch. 42, title II, § 216, 42 Stat. 113; July 10, 1937, ch. 482, 50 Stat. 506; June 14, 1948, ch. 464, § 6, 62 Stat. 393, gave Commission power to require borrower to insure all livestock and dwellings and other permanent improvements upon his tract purchased or constructed out of any moneys loaned from fund.
Section 711, act July 9, 1921, ch. 42, title II, § 217, 42 Stat. 113, gave Commission power to bring an ejectment action against lessee or borrower for noncompliance with Commission orders.
Section 712, act July 9, 1921, ch. 42, title II, § 218, 42 Stat. 114, provided that lessees of land were not to receive loans under Territorial Farm Land.
Section 713, act July 9, 1921, ch. 42, title II, § 219, 42 Stat. 114, authorized Commission to employ agricultural experts.
Section 714, acts July 9, 1921, ch. 42, title II, § 220, 42 Stat. 114; July 10, 1937, ch. 482, 50 Stat. 507; Nov. 26, 1941, ch. 544, § 6, 55 Stat. 786; June 14, 1948, ch. 464, § 7, 62 Stat. 393; Aug. 1, 1956, ch. 855, § 1, 70 Stat. 915, authorized Commission to undertake development projects.
Section 715, acts July 9, 1921, ch. 42, title II, § 221, 42 Stat. 114; Aug. 1, 1956, ch. 855, §§ 2, 3, 70 Stat. 915, defined “water license” and “surplus water”, subjected water licenses issued after
Section 715a, act July 9, 1921, ch. 42 title II, § 224, as added July 26, 1935, ch. 420, § 2, 49 Stat. 505, authorized Secretary of the Interior to designate a sanitation and reclamation expert.
Section 716, act July 9, 1921, ch. 42, title II, § 223, 42 Stat. 115, reserved right in Congress, to alter, amend, or repeal provisions of sections 691 to 704 and 705 to 716 of this title.
Section 717, act July 9, 1921, ch. 42, § 401, 42 Stat. 121, related to acts repealed.
Section 718, act July 9, 1921, ch. 42, § 402, 42 Stat. 121, related to savings provisions.
Sections 721 to 723, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.
Section 721, acts July 18, 1950, ch. 466, title I, § 101, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), (7), (9), 69 Stat. 637, 638, authorized Hawaiian government to undertake slum clearance and urban redevelopment and renewal projects.
Section 721a, acts July 18, 1950, ch. 466, title I, § 102, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107(3), 69 Stat. 637, authorized government of Hawaii to assist slum clearance and urban redevelopment projects through cash donations, loans conveyances of real and personal property, facilities and services.
Section 721b, act July 18, 1950, ch. 466, title I, § 103, 64 Stat. 345, ratified all legislation enacted by Legislature of Territory of Hawaii dealing with subject matter of sections 721 to 722 of this title.
Section 722, acts July 10, 1937, ch. 484, 50 Stat. 508; July 18, 1950, ch. 466, title II, § 202(a), 64 Stat. 345, gave Legislature of Territory of Hawaii power to create public corporate authorities to engage in slum clearance, or housing undertaking.
Section 723, act June 27, 1934, ch. 847, § 214, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Hawaii. See section 1715d of Title 12, Banks and Banking.
Section, acts Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58; June 30, 1953, ch. 170, § 25(b), 67 Stat. 128, related to purchase of insured mortgage loans by Federal National Mortgage Association, with respect to property in Hawaii.
The provisions of this chapter shall apply to the island of Puerto Rico and to the adjacent islands belonging to the United States and waters of those islands; and the name Puerto Rico, as used in this chapter, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid.
This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, 31 Stat. 77, which is popularly known as the “Foraker Act” and also as the “Puerto Rico Civil Code”.
Section 1 of act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Act July 3, 1950, ch. 446, § 4, 64 Stat. 319, provided, in part, that the act of Mar. 2, 1917, ch. 145, 39 Stat. 951 [enacting this chapter, section 1019 of this title, section 46 of Title 2, The Congress, and section 358 of Title 8, Aliens and Nationality, and amending sections 325, 327, and 328 of former Title 39, Postal Service], may be cited as the “Puerto Rican Federal Relations Act”. The act of
Pub. L. 88–271,
The administration of the Government of Puerto Rico was transferred from the Bureau of Insular Affairs to the Office of Territories (formerly the Division of Territories and Island Possessions and now the Office of Territorial Affairs), in the Department of the Interior by Executive Order No. 6726, eff.
Ex. Ord. No. 13183,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
From and after
Act approved
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Fully recognizing the principle of government by consent, sections 731b to 731e of this title are now adopted in the nature of a compact so that the people of Puerto Rico may organize a government pursuant to a constitution of their own adoption.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Act July 3, 1950, ch. 446, § 6, 64 Stat. 320, provided that:
Sections 731b to 731e of this title shall be submitted to the qualified voters of Puerto Rico for acceptance or rejection through an island-wide referendum to be held in accordance with the laws of Puerto Rico. Upon the approval of said sections, by a majority of the voters participating in such referendum, the Legislature of Puerto Rico is authorized to call a constitutional convention to draft a constitution for the said island of Puerto Rico. The said constitution shall provide a republican form of government and shall include a bill of rights.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
A constitutional convention to draft a constitution for the island of Puerto Rico convened in San Juan on
Act
Upon adoption of the constitution by the people of Puerto Rico, the President of the United States is authorized to transmit such constitution to the Congress of the United States if he finds that such constitution conforms with the applicable provisions of sections 731b to 731e of this title and of the Constitution of the United States.
Upon approval by the Congress the constitution shall become effective in accordance with its terms.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Constitution of the Commonwealth of Puerto Rico was approved by the Constitutional Convention of Puerto Rico on
This chapter is continued in force and effect.
This chapter, referred to in text, was in the original “the Act entitled ‘An Act to provide a civil government for Porto Rico, and for other purposes,’ approved
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Section, acts Mar. 2, 1917, ch. 145, § 4, 39 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158, designated San Juan as the capital of Puerto Rico. Section 6 of act Apr. 12, 1900, ch. 191, 31 Stat. 79, formerly cited as a credit to this section, was not repealed by act
Act July 3, 1950, ch. 446, § 5, 64 Stat. 320, provided that the repeal of this section and sections 735, 750, 753, 754, 771–793, 793b, 796–799, 811–820, 822, 823, 824–844, 861, and 873 of this title and the amendment of sections 737 and 752 of this title were to be effective at such time as the Constitution of the Commonwealth of Puerto Rico became effective. Under section 731d of this title, that Constitution, upon approval by the Congress of the United States, “shall become effective in accordance with its terms”. Congress, by act July 3, 1952, ch. 567, 66 Stat. 327, approved, with certain conditions, that Constitution; the approving act further provided that the Constitution, as so approved, “shall become effective when the Constitutional Convention of Puerto Rico shall have declared in a formal resolution its acceptance in the name of Puerto Rico of the conditions of approval herein contained, and when the Governor of Puerto Rico, being duly notified by the proper officials of the Constitutional Convention of Puerto Rico that such resolution of acceptance has been formally adopted, shall issue a proclamation to that effect”. The Constitution was proclaimed by the Governor of Puerto Rico on
All inhabitants continuing to reside in Puerto Rico who were Spanish subjects on the 11th day of April 1899, and then resided in Puerto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Puerto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the 11th day of April 1900, in accordance with the provisions of the treaty of peace between the United States and Spain entered into on the 11th day of April 1899; and they, together with such citizens of the United States as may reside in Puerto Rico, shall constitute a body politic under the name of the People of Puerto Rico, with governmental powers as hereinafter conferred, and with power to sue and be sued as such.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
All citizens of the United States who have resided or who shall after
Section was formerly classified to section 5a of Title 8, Aliens and Nationality.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section, act Mar. 2, 1917, ch. 145, § 5b, as added June 25, 1948, ch. 649, 62 Stat. 1015, related to nonapplication of section 804(c) of Title 8, Aliens and Nationality.
Prior to the enactment of the Nationality Act of 1940, act Oct. 14, 1940, ch. 876, 54 Stat. 1137, this section, act Mar. 2, 1917, ch. 145, § 5b, as added June 27, 1934, ch. 845, 48 Stat. 1245, provided as follows:
The second proviso thereof was repealed by section 504 of the Nationality Act of 1940. Provisions relating to citizenship of persons born in Puerto Rico, are contained in section 1402 of Title 8, Aliens and Nationality.
The statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United States, except the internal revenue laws other than those contained in the Philippine Trade Act of 1946 [22 U.S.C. 1251 et seq.] or the Philippine Trade Agreement Revision Act of 1955 [22 U.S.C. 1371 et seq.]: Provided, however, That after
The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, which is classified principally to subchapters I to IV (§ 1251 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of Title 22 and Tables.
The Philippine Trade Agreement Revision Act of 1955, referred to in text, is act Aug. 1, 1955, ch. 438, 69 Stat. 413, which is classified generally to subchapter IV–A (§ 1371 et seq.) of chapter 15 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 1373 of Title 22 and Tables.
The internal revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 14, 31 Stat. 80, except that the words “which, in view of the provisions of section three, shall not have force and effect in Porto Rico” were contained in lieu of the proviso. As to section 3 of act
1955—Act
1946—Act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Amendment by act
Amendment by act
Ex. Ord. No. 9909, eff.
By virtue of the authority vested in me by section 49b(2) of the Organic Act of Puerto Rico, as amended by section 6 of the Act of August 5, 1947, Public Law 362, 80th Congress [section 793b of this title], it is hereby ordered that the District Court of the United States for Puerto Rico and the Department of Justice shall be exempt from making the reports to the Coordinator of Federal Agencies in Puerto Rico which are provided for in such section.
Ex. Ord. No. 10005, eff.
WHEREAS section 9 of the Organic Act of Puerto Rico, 39 Stat. 954 [this section], provides that “the statutory laws of the United States not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico as in the United States”; and
WHEREAS section 49b(3) of the said Act, which was added by section 6 of the act of August 5, 1947, 61 Stat. 772 [section 793b of this title], provides that “the President of the United States may, from time to time, after hearing, promulgate Executive orders expressly excepting Puerto Rico from the application of any Federal law, not expressly declared by Congress to be applicable to Puerto Rico, which is contemplated by section 9 of this act [this section] is inapplicable by reason of local conditions”:
NOW, THEREFORE, by virtue of the authority vested in me by the said Organic Act of Puerto Rico, and as President of the United States, it is ordered as follows:
1. There is hereby created a commission to be known as the President’s Advisory Commission on the Relation of Federal Laws to Puerto Rico, which shall be composed of nine members to be designated by the President and to serve without compensation.
2. The Commission shall from time to time make recommendations to the President concerning the exercise of his power under section 49b(3) of the Organic Act of Puerto Rico [section 793b of this title] to exempt Puerto Rico from the application of Federal laws. To that end, the Commission is authorized to examine into, and to hold hearings on, the inapplicability of Federal laws to Puerto Rico by reason of local conditions.
3. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Commission in its work and to furnish the Commission such information as the Commission may require in the performance of its duties.
4. The Commission shall continue to exist until the President terminates its existence by Executive order.
Memorandum of President of the United States,
Memorandum for the Heads of Executive Departments and Agencies
Puerto Rico is a self-governing territory of the United States whose residents have been United States citizens since 1917 and have fought valorously in five wars in the defense of our Nation and the liberty of others.
On
Because Puerto Rico’s degree of constitutional self-government, population, and size set it apart from other areas also subject to Federal jurisdiction under Article IV, section 3, clause 2 of the Constitution, I hereby direct all Federal departments, agencies, and officials, to the extent consistent with the Constitution and the laws of the United States, henceforward to treat Puerto Rico administratively as if it were a State, except insofar as doing so with respect to an existing Federal program or activity would increase or decrease Federal receipts or expenditures, or would seriously disrupt the operation of such program or activity. With respect to a Federal program or activity for which no fiscal baseline has been established, this memorandum shall not be construed to require that such program or activity be conducted in a way that increases or decreases Federal receipts or expenditures relative to the level that would obtain if Puerto Rico were treated other than as a State.
If any matters arise involving the fundamentals of Puerto Rico’s status, they shall be referred to the Office of the President.
This guidance shall remain in effect until Federal legislation is enacted altering the current status of Puerto Rico in accordance with the freely expressed wishes of the people of Puerto Rico.
The memorandum for the heads of executive departments and agencies on this subject, issued
This memorandum shall be published in the Federal Register.
Title III of the National Prohibition Act, as amended, and all provisions of the internal revenue laws relating to the enforcement thereof, are extended to and made applicable to Puerto Rico from and after
The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305. Title III of such Act was classified principally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicating Liquors, and was omitted from the Code in view of the incorporation of such provisions in the Internal Revenue Code of 1939, and subsequently into the Internal Revenue Code of 1986.
Provisions similar to those comprising this section relating to the Virgin Islands are classified to section 1402 of this title.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Section, acts Mar. 2, 1917, ch. 145, § 57, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, continued certain Puerto Rican Laws in force and authorized the legislative authority to modify or repeal laws. Section 15 of act Apr. 12, 1900, ch. 191, 31 Stat. 80, formerly cited as a credit to this section, was not repealed by act
Repeal effective
So much of the law which was in force at the time of cession, April 11th, 1899, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph 4, article 83, chapter 3, civil code, and which was continued by the order of the secretary of justice of Puerto Rico, dated
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The rights, privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States.
1950—Act
1947—Act
1934—Act
Amendment by act
All merchandise and articles coming into the United States from Puerto Rico and coming into Puerto Rico from the United States shall be entered at the several ports of entry free of duty and in no event shall any tariff duties be collected on said merchandise or articles.
Act
Section 3 also contained provisions relating to a tax on merchandise of Porto Rican manufacture equal to the internal-revenue tax imposed in the United States, and on merchandise of United States manufacture coming into Porto Rico, a tax equal to the internal-revenue tax imposed in Porto Rico upon like articles of Porto Rican manufacture which are contained in sections 7652 and 7653 of Title 26, Internal Revenue Code.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Puerto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into the United States from foreign countries. All books and pamphlets printed in the English language shall be admitted into Puerto Rico free of duty when imported from the United States.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
1909—Act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The duties and taxes collected in Puerto Rico in pursuance of the provisions of this Act, less the cost of collecting the same, and the gross amount of all collections of duties and taxes in the United States upon articles of merchandise coming from Puerto Rico, shall be paid into the treasury of Puerto Rico to be expended as required by law for the government and benefit thereof, and the Secretary of the Treasury shall designate the several ports and subports of entry in Puerto Rico and shall make such rules and regulations and appoint such agents as may be necessary to collect the duties and taxes authorized to be levied, collected, and paid in Puerto Rico by the provisions of this Act, and he shall fix the compensation and provide for the payment thereof of all such officers, agents, and assistants as he may find it necessary to employ to carry out the provisions of law.
This Act, referred to in text, means act Apr. 12, 1900, ch. 191, 31 Stat. 77, popularly known as the Foraker Act, which, insofar as is classified to the Code, enacted sections 733, 736, 738 to 740, 743, 744, 755, 864, and 866 of this title and amended sections 1 and 11 of former Title 11, Bankruptcy. For complete classification of this Act to the Code, see Tables.
Additional provisions of act
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The amount of customs revenue received by the United States on importations from Puerto Rico since its evacuation by the Spanish forces together with all that should thereafter be collected under the existing law were placed at the disposal of the President to be used for governmental and public purposes in Puerto Rico, by act Mar. 24, 1900, ch. 91, 31 Stat. 51.
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than
No export duties shall be levied or collected on exports from Puerto Rico, but taxes and assessments on property, income taxes, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respectively, as may be provided and defined by the Legislature of Puerto Rico; and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Puerto Rico or any municipal government therein as may be provided by law, and to protect the public credit.
Section is comprised of first part of section 3 of act
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 38, 31 Stat. 86.
1937—Act
1927—Act
1921—Act
The internal-revenue taxes levied by the Legislature of Puerto Rico in pursuance of the authority granted by this chapter on articles, goods, wares, or merchandise may be levied and collected as such legislature may direct, on the articles subject to said tax, as soon as the same are manufactured, sold, used, or brought into the island: Provided, That no discrimination be made between the articles imported from the United States or foreign countries and similar articles produced or manufactured in Puerto Rico. The officials of the Customs and Postal Services of the United States are directed to assist the appropriate officials of the Puerto Rican government in the collection of these taxes.
This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to the chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
Section is comprised of last part of section 3 of act
1937—Act
Deeds and other instruments affecting land situate in the District of Columbia, or any other territory or possession of the United States, may be acknowledged in Puerto Rico before any notary public appointed therein by proper authority, or any officer therein who has ex officio the powers of a notary public. The certificate by such notary shall be accompanied by the certificate of the executive secretary of Puerto Rico to the effect that the notary taking such acknowledgment is in fact such notarial officer.
Provisions similar to those in this section were contained in act Mar. 22, 1902, ch. 273, 32 Stat. 88, except that that act required the certificate of the attorney general of Puerto Rico, rather than of the executive secretary of Puerto Rico as required by this section.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section, acts Apr. 12, 1900, ch. 191, § 10, 31 Stat. 80; Aug. 14, 1912, ch. 288, 37 Stat. 309; May 17, 1932, ch. 190, 47 Stat. 158, provided for quarantine stations in Puerto Rico. See section 267 of Title 42, The Public Health and Welfare.
Title XIII, § 1313, formerly title VI, § 611, of act
The coasting trade between Puerto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States.
Additional provisions of section 9 of act
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
All bonds issued by the Government of Puerto Rico, or by its authority, shall be exempt from taxation by the Government of the United States, or by the Government of Puerto Rico or of any political or municipal subdivision thereof, or by any State, Territory, or possession, or by any county, municipality, or other municipal subdivision of any State, Territory, or possession of the United States, or by the District of Columbia.
Section is comprised of second part of section 3 of act
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 38, 31 Stat. 86.
1961—Pub. L. 87–121 struck out “no public indebtedness of Puerto Rico and the municipalities of San Juan, Ponce, Arecibo, Rio Pledras, and Mayaguez shall be allowed in excess of 10 per centum of the aggregate tax valuation of its property, and no public indebtedness of any other subdivision or municipality of Puerto Rico shall hereafter be allowed in excess of 5 per centum of the aggregate tax valuation of the property in any such subdivision or municipality,” before “All bonds issued” and also struck out “In computing the indebtedness of the people of Puerto Rico, municipal bonds for the payment of interest and principal of which the good faith of the people of Puerto Rico has heretofore been pledged and bonds issued by the people of Puerto Rico secured by bonds to an equivalent amount of bonds of municipal corporations or school boards of Puerto Rico shall not be counted but all bonds hereafter issued by any municipality or subdivision within the 5 per centum hereby authorized for which the good faith of the people of Puerto Rico is pledged shall be counted” after “District of Columbia”.
1950—Act
1937—Act
1927—Act
1921—Act
Pub. L. 87–121, § 2,
[Referendum held
Bonds or other obligations of Puerto Rico or any municipal government therein, payable solely from revenues derived from any public improvement or undertaking (which revenues may include transfers by agreement or otherwise from the regular funds of the issuer in respect of the use by it of the facilities afforded by such improvement or undertaking), and issued and sold to the United States of America or any agency or instrumentality thereof, shall not be considered public indebtedness of the issuer within the meaning of section 745 of this title.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Any bonds or other obligations of Puerto Rico issued after
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
All public lands and buildings, not including harbor areas and navigable streams and bodies of water and the submerged lands underlying the same, owned by the United States in the island of Puerto Rico and not reserved by the President of the United States prior to
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Act July 1, 1902, ch. 1383, § 2, 32 Stat. 732, made an appropriation for the purchase of a law library for the use of the United States District Court for Puerto Rico.
Act July 1, 1902, ch. 1383, § 3, 32 Stat. 732, related to allowance of traveling expenses in addition to salary to the resident commissioner from Puerto Rico, and to the commencement of his term.
All property which may have been acquired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the 10th day of December 1898, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under the surface of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and buildings not reserved by the United States for public purposes prior to
Section is comprised of that part of section 7 of act
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 13, 31 Stat. 80.
1980—Pub. L. 96–205 inserted provisions defining “control”.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The President may, from time to time, in his discretion, convey to the people of Puerto Rico, such lands, buildings, or interests in lands, or other property now owned by the United States, and within the territorial limits of Puerto Rico as in his opinion are no longer needed for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, buildings, or other interests or property which may be needed for public purposes by the United States.
Section is comprised of proviso clause of section 7 of act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, eff.
The harbor areas and navigable streams and bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the adjacent islands and waters, owned by the United States on
This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
A further provision of section 8 of act
1980—Pub. L. 96–205 inserted provisions defining terms used in this section.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act
Section, acts Mar. 2, 1917, ch. 145, § 38, 39 Stat. 964; Mar. 4, 1927, ch. 503, § 6, 44 Stat. 1420; June 24, 1948, ch. 610, § 7, 62 Stat. 580, related to grants of franchises, public service commission, etc.
Repeal effective
Subtitle IV of title 49, and the Safety Appliance Acts and the several amendments made or to be made thereto, shall not apply to Puerto Rico.
The Safety Appliance Acts, referred to in text, are acts Mar. 2, 1893, ch. 196, 27 Stat. 531; Mar. 2, 1903, ch. 976, 32 Stat. 943; and Apr. 14, 1910, ch. 160, 36 Stat. 298, which were classified to sections 1 to 16 of Title 45, Railroads, and were repealed and reenacted in sections 20102, 20301 to 20304, 21302, and 21304 of Title 49, Transportation, by Pub. L. 103–272, §§ 1(e), 7(b),
“Subtitle IV of title 49” substituted in text for “The Interstate Commerce Act and the several amendments made or to be made thereto [49 U.S.C. 1 et seq.]” and “the Act of Congress entitled ‘An Act to amend an Act entitled “An Act to regulate commerce,” approved
Section is comprised of second paragraph of section 38 of act
1927—Act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation authorized after
Section is comprised of section 3 (less first sentence) of act
Section was not enacted as a part of the Puerto Rican Federal Relations Act which comprises this chapter.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section 5(2) of act
Repeal of section 39 of act
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. 190, 47 Stat. 158, authorized Legislature to regulate rates, tariffs, etc., of public carriers and public service commission to enforce those laws.
Section 754, acts Mar. 2, 1917, ch. 145, § 35, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, which had been transferred to section 814a of this title, related to qualifications of electors.
Repeal of sections 753 and 754 effective
Section, act Apr. 12, 1900, ch. 191, § 11, 31 Stat. 80, provided for redemption by Secretary of the Treasury of Puerto Rican silver coins known as the peso and all other Puerto Rican silver and coppers in circulation on
Section 771, acts Mar. 2, 1917, ch. 145, § 12, 39 Stat. 950; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, § 1, 61 Stat. 770, related to election, tenure of office, and qualifications of governor.
Section 771a, act Mar. 2, 1917, ch. 145, § 12a, as added Aug. 5, 1947, ch. 490, § 2, 61 Stat. 771, related to impeachment of governor.
Section 772, acts Mar. 2, 1917, ch. 145, § 24, 39 Stat. 958; Aug. 5, 1947, ch. 490, § 4, 61 Stat. 771, related to succession to office of governor.
Section 773, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 955; Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168, related to executive departments.
Section 774, act Mar. 2, 1917, ch. 145, § 37, 39 Stat. 964, prohibited Legislature from creating new departments but authorized their consolidation or abolition.
Section 775, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 955; Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 5, 1947, ch. 490, § 3, 61 Stat. 771, related to appointment and tenure of office of heads of departments.
Section 776, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 956; Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168; May 17, 1932, ch. 190, 47 Stat. 158, related to residence requirement for heads of departments.
Section 777, acts Mar. 2, 1917, ch. 145, § 13, 39 Stat. 956; Feb. 18, 1931, ch. 218, § 1, 46 Stat. 1168, related to executive council and its duties and compensation.
Section 778, acts Mar. 2, 1917, ch. 145, § 14, 39 Stat. 956; May 17, 1932, ch. 190, 47 Stat. 158, related to duties of Attorney General.
Section 779, acts Mar. 2, 1917, ch. 145, § 22, 39 Stat. 958; June 27, 1924, ch. 322, § 2, 43 Stat. 631; May 17, 1932, ch. 190, 47 Stat. 158; June 24, 1948, ch. 610, § 6, 62 Stat. 580, 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 duties of Treasurer, including designation of depositaries.
Section 781, acts Mar. 2, 1917, ch. 145, § 15, 39 Stat. 956; May 17, 1932, ch. 190, 47 Stat. 158, required Treasurer to give a bond not less than $125,000.
Section 782, act Mar. 2, 1917, ch. 145, § 16, 39 Stat. 956, related to duties of Commissioner of the Interior.
Section 783, acts Mar. 2, 1917, ch. 145, § 17, 39 Stat. 956; May 17, 1932, ch. 190, 47 Stat. 158, related to duties of Commissioner of Education.
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. 190, 47 Stat. 158, related to duties of Commissioner of Agriculture and Commerce.
Section 784a, act Mar. 2, 1917, ch. 145, § 18a, as added Feb. 18, 1931, ch. 218, § 3, 46 Stat. 1169, and amended May 17, 1932, ch. 190, 47 Stat. 158, related to duties of Commissioner of Labor.
Section 785, act Mar. 2, 1917, ch. 145, § 19, 39 Stat. 957, related to duties of Commissioner of Health.
Section 786, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; 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 24, 1948, ch. 610, § 5, 62 Stat. 580, related to appointment, compensation and term of office of Auditor and his powers and duties, and provided for an assistant auditor and other necessary assistants and employees.
Section 787, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, related to jurisdiction of Auditor over accounts.
Section 788, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23 to 25; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, related to finality of decisions of Auditor and time for appeal therefrom, and vested such official with like authority as that conferred by law upon Comptroller General of the United States, with certain exceptions.
Section 789, act Mar. 2, 1917, ch. 145, § 21, 39 Stat. 958, related to appeals from decisions of Auditor to Governor.
Section 790, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to annual report of the fiscal concern of the government from Auditor to Governor and those other reports as may be required.
Section 791, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419, authorized Auditor to summon witnesses, administer oaths, take evidence, etc.
Section 792, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1420, related to supervision of office of Auditor by Governor.
Section 793, acts Mar. 2, 1917, ch. 145, § 20, 39 Stat. 957; Mar. 4, 1927, ch. 503, § 3, 44 Stat. 1419; May 17, 1932, ch. 190, 47 Stat. 158, related to performance of powers and duties of Auditor in case of a vacancy in the office or in his absence by the assistant auditor, or in the absence of that assistant, by an assistant designated by Governor.
Repeal of sections 771 to 793 effective
Section, act Mar. 2, 1934, ch. 37, § 4, 48 Stat. 361, created a Model Housing Board, and provided for construction and sale of model houses and for creation of a revolving “model housing fund”.
Act June 30, 1954, ch. 428, § 2, 68 Stat. 336, authorized transfer of any moneys remaining in revolving model housing fund under this section to treasury of Commonwealth of Puerto Rico.
Section, act Mar. 2, 1917, ch. 145, § 49b, as added Aug. 5, 1947, ch. 490, § 6, 61 Stat. 772, and amended June 24, 1948, ch. 610, § 1, 62 Stat. 579, provided for a Coordinator of Federal Agencies in Puerto Rico, his appointment, compensation and duties, and required President to prescribe rules and regulations to carry out provisions of former section 793 of this title.
Repeal effective
All reports required by law to be made by the governor or heads of departments to any official of the United States shall be made to an executive department of the Government of the United States to be designated by the President, and the President is authorized to place all matters pertaining to the government of Puerto Rico in the jurisdiction of such department.
Provisions similar to those in this section were contained in act July 15, 1909, ch. 4, § 2, 36 Stat. 11.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Ex. Ord. No. 9383, eff.
1. Each Federal civil agency performing services in Puerto Rico or in the Virgin Islands shall make current reports to the Secretary of the Interior concerning the work of such agency in such manner and form and at such times as may be prescribed by the Secretary of the Interior.
2. The Secretary of the Interior shall make such recommendations to the heads of Federal civil agencies so reporting as may in his judgment serve to correlate the work of such agencies in Puerto Rico and in the Virgin Islands, eliminate unessential Federal activities, assist insular agencies to assume increasing responsibility in civil administration, meet more efficiently the needs of the people of Puerto Rico and the Virgin Islands for essential Federal services, and implement the policies of the United States with respect to its island possessions.
3. The Secretary of the Interior shall from time to time report to the President and to the Congress concerning the actions taken pursuant to this order.
4. This order shall not be applicable to United States District Judges, United States Attorneys, and United States Marshals.
All expenses that may be incurred on account of the government of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not, however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United States, shall, except as otherwise specifically provided by the Congress, be paid by the treasurer of Puerto Rico out of the revenue in his custody.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 12, 31 Stat. 80, with the exception of the words “except as otherwise specifically provided by the Congress”.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section 796, acts Mar. 2, 1917, ch. 145, § 53, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158, related to transfer of bureaus or offices.
Section 797, acts Mar. 2, 1917, ch. 145, § 50, 39 Stat. 967; June 7, 1924, ch. 322, § 3, 43 Stat. 631; May 29, 1928, ch. 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. 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, related to salaries and bonds of officials, and residence of governor.
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. 610, § 2, 62 Stat. 579; Sept. 7, 1949, ch. 544, 63 Stat. 692, related to payment of salaries, office expenses and bond premiums.
Section 799, act Mar. 2, 1917, ch. 145, § 51, 39 Stat. 967, provided for payment of municipal expenses from municipal revenues.
Repeal of sections 796 to 799 effective
Section 811, acts Mar. 2, 1917, ch. 145, § 25, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, vested all local legislative powers in Puerto Rico, with certain exceptions, in “Legislature of Puerto Rico”, consisting of a “senate” and a “house of representatives”.
Section 812, acts Mar. 2, 1917, ch. 145, § 26, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, related to Senate of Puerto Rico, its members, election and powers.
Section 813, acts Mar. 2, 1917, ch. 145, § 27, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, related to House of Representatives and its members and their election.
Section 814, acts Mar. 2, 1917, ch. 145, § 28, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, provided for division of Puerto Rico into thirty-five representative and seven senatorial districts.
Section 814a, acts Mar. 2, 1917, ch. 145, § 35, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158, related to qualification of electors.
Section 815, acts Mar. 2, 1917, ch. 145, § 29, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158, provided for time of holding elections and revision of boundaries of senatorial and representative districts and municipalities.
Section 816, act Mar. 2, 1917, ch. 145, § 32, 39 Stat. 960, related to powers of senate and house of representatives, including determination of election and qualifications of members.
Section 817, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, provided for holding of annual sessions of legislature and time for convening.
Section 818, acts Mar. 2, 1917, ch. 145, § 33, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 5, 44 Stat. 1420, authorized governor to call special sessions of legislature or senate.
Section 819, acts Mar. 2, 1917, ch. 145, § 30, 39 Stat. 959; May 17, 1932, ch. 190, 47 Stat. 158; June 1, 1938, ch. 308, 52 Stat. 595, related to term of office of senators and representatives, filling of vacancies, and limitations upon appointment to other offices of those legislative members.
Section 820, acts Mar. 2, 1917, ch. 145, § 31, 39 Stat. 960; Mar. 4, 1927, ch. 503, § 4, 44 Stat. 1420; May 17, 1932, ch. 190, 47 Stat. 158; June 24, 1948, ch. 610, § 4, 62 Stat. 580, related to compensation and mileage of members of senate and house of representatives.
Repeal of sections 811 to 820 effective
The legislative authority shall extend to all matters of a legislative character not locally inapplicable, including power to create, consolidate, and reorganize the municipalities so far as may be necessary, and to provide and repeal laws and ordinances therefor; also the power to alter, amend, modify, or repeal any or all laws and ordinances of every character in force in Puerto Rico or municipality or district thereof on
This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section 822, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, related to origin of bills and resolutions.
Section 823, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960; May 17, 1932, ch. 190, 47 Stat. 158, related to enacting clauses of bills and resolutions.
Repeal of sections 822 and 823 effective
Section, act June 16, 1938, ch. 460, 52 Stat. 708, related to Congressional ratification of all joint resolutions.
Section 824, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to passage of bills and their alterations or amendments.
Section 825, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, related to reference of bills to committees, signature by governor, and approval by President.
Section 826, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961; May 29, 1928, ch. 901, § 1(128), 45 Stat. 996; Feb. 28, 1929, ch. 364, §§ 1, 2, 45 Stat. 1348; May 17, 1932, ch. 190, 47 Stat. 158, required laws enacted by Legislature of Puerto Rico to be reported to Congress.
Section 827, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to time of taking effect of laws and to introduction of a bill.
Section 828, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to house journals.
Section 829, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, required sessions of each house and committees to be open.
Section 830, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 961, related to adjournment.
Section 831, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, required presiding officer to sign bills and resolutions.
Section 832, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, provided that bills, with the exception of appropriation bills, were to contain one subject.
Section 833, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, provided that revenue bills were to originate in house of representatives.
Section 834, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to appropriation bills for executive, legislative and judicial departments.
Section 835, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to revival or amendment of laws.
Section 836, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, required legislature to prescribe number, duties and compensation of officers and employees.
Section 837, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, prohibited bills giving extra compensation for services rendered.
Section 838, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; June 24, 1948, ch. 610, § 3, 62 Stat. 580 prohibited laws relating to extension of term of office of officials, double jobs and salary of senators or representatives during term of office.
Section 839, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to presentation of orders, resolutions, etc., to Governor.
Section 840, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 960, required Governor to submit a financial budget at opening of each regular session of the legislature.
Section 841, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; May 17, 1932, ch. 190, 47 Stat. 158, provided for order of payment of appropriations, where revenue insufficient to meet appropriations, and limited appropriations under certain conditions.
Section 842, acts Mar. 2, 1917, ch. 145, § 23, 39 Stat. 958; May 17, 1932, ch. 190, 47 Stat. 158, required Governor to transmit copies of laws to executive department of United States.
Section 843, acts Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962; May 17, 1932, ch. 190, 47 Stat. 158, related to definition and punishment of the offense of corrupt solicitation.
Section 844, act Mar. 2, 1917, ch. 145, § 34, 39 Stat. 962, related to punishment for offense of influencing officials by bribery.
Repeal of sections 824 to 844 effective
The Puerto Rican Legislature shall have power by due enactment to amend, alter, modify, or repeal the income tax laws in force in Puerto Rico.
Similar provisions of act
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Provisions similar to those in this section were contained in act June 2, 1924, ch. 234, § 261, 43 Stat. 294, prior to repeal by section 1200 of act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section, acts Mar. 2, 1917, ch. 145, § 40, 39 Stat. 965; May 17, 1932, ch. 190, 47 Stat. 158, vested judicial power in courts established and in operation on
Repeal effective
Section, act Sept. 21, 1922, ch. 365, 42 Stat. 993, conferred on the courts of Puerto Rico jurisdiction of offenses under act Oct. 28, 1919, ch. 85, 41 Stat. 305, the National Prohibition Act.
Section, acts Mar. 2, 1917, ch. 145, § 41, 39 Stat. 965; Feb. 25, 1919, ch. 29, § 1, 40 Stat. 1156; Mar. 4, 1921, ch. 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, 47 Stat. 158; Mar. 26, 1938, ch. 51, § 2, 52 Stat. 118; July 31, 1946, ch. 704, 60 Stat. 716; June 25, 1948, ch. 646, § 20, 62 Stat. 989, set out jurisdiction of United States District Court for District of Puerto Rico and provided for salaries of judge and officials of the court and for filling of vacancies. Section 34 of act Apr. 12, 1900, ch. 191, 31 Stat. 84, formerly cited as a credit to this section, was not repealed by act
Pub. L. 91–272, § 13,
The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico.
All pleadings and proceedings in the United States District Court for the District of Puerto Rico shall be conducted in the English language.
The laws of the United States relating to appeals, certiorari, removal of causes, and other matters or proceedings, referred to in text, are classified to Title 28, Judiciary and Judicial Procedure.
“United States District Court for the District of Puerto Rico” substituted in text for “District Court of the United States for Puerto Rico” in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district” and section 119 of Title 28, which states that “Puerto Rico constitutes one judicial district.”
Act Mar. 3, 1911, ch. 231, § 244, 36 Stat. 1157, related to direct appeals from The Supreme Court and the United District Court for Puerto Rico to the United States Supreme Court, prior to repeal by act Jan. 28, 1915, ch. 22, § 3, 38 Stat. 804.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 34, 31 Stat. 84.
1948—Act
1928—Act
1925—Act Feb. 13, 1925, ch. 229, § 13, repealed provisions of this section permitting a direct review by the Supreme Court of cases in the courts in Puerto Rico.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Amendment by act
Section 39 of act
Section, acts Mar. 2, 1917, ch. 145, § 43, 39 Stat. 966; Feb. 13, 1925, ch. 229, § 13, 43 Stat. 942; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54, related to writs of error and appeals. See section 1294 of Title 28, Judiciary and Judicial Procedure.
Repeal effective
Section, act Apr. 12, 1900, ch. 191, § 35, 31 Stat. 85, provided that all proceedings in Supreme Court of United States to review decisions of Supreme Court of Puerto Rico and the District Court of the United States for Puerto Rico, should be conducted in the English language.
Section, acts Mar. 2, 1917, ch. 145, § 44, 39 Stat. 966; May 17, 1932, ch. 190, 47 Stat. 158, set out qualifications for jurors in District Court of United States for Puerto Rico as different from those set by local law and directed that juries be selected, drawn, and subject to exemption in accordance with laws of Congress insofar as locally applicable.
Repeal effective 270 days after
All fees, fines, costs, and forfeitures as would be deposited to the credit of the United States if collected and paid into a district court of the United States shall become revenues of the United States when collected and paid into the United States District Court for the District of Puerto Rico. The sum of $500 a year from such fees, fines, costs, and forfeitures shall be retained by the clerk and expended for law library purposes under the direction of the judge.
“United States District Court for the District of Puerto Rico” substituted in text for “District Court of the United States for Puerto Rico” in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district” and section 119 of Title 28, which states that “Puerto Rico constitutes one judicial district”.
Provisions similar to those in this section were contained in act Mar. 2, 1901, ch. 812, § 2, 31 Stat. 953.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Such fees and expenses as are payable by the United States if earned or incurred in connection with a district court of the United States shall be paid from the revenue of Puerto Rico if earned or incurred in connection with the United States District Court for the District of Puerto Rico.
“United States District Court for the District of Puerto Rico” substituted in text for “District Court of the United States for Puerto Rico” in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district” and section 119 of Title 28 which states that “Puerto Rico constitutes one judicial district”.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
As originally enacted, so much of section 2 of act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
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. 501, § 6, 53 Stat. 1226, related to salaries of district court officials. See section 604 of Title 28, Judiciary and Judicial Procedure.
Repeal effective
Section, acts Mar. 2, 1917, ch. 145, § 47, 39 Stat. 967; May 17, 1932, ch. 190, 47 Stat. 158, which related to fees and mileage of jurors and witnesses, was superseded by sections 1821, 1824, 1825, and 1871 of Title 28, Judiciary and Judicial Procedure.
The supreme and district courts of Puerto Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district courts of the United States, and the district courts may grant writs of mandamus in all proper cases.
No suit for the purpose of restraining the assessment or collection of any tax imposed by the laws of Puerto Rico shall be maintained in the United States District Court for the District of Puerto Rico.
“United States District Court for the District of Puerto Rico” substituted in text for “District Court of the United States for Puerto Rico” in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district” and section 119 of Title 28 which states that “Puerto Rico constitutes one judicial district”.
1927—Act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section, acts Mar. 2, 1917, ch. 145, § 49, 39 Stat. 967; May 17, 1932, ch. 190, 47 Stat. 158, related to appointment of judges, marshals and secretaries.
Repeal effective
Section, act Feb. 12, 1940, ch. 25, § 1, 54 Stat. 22, which related to rules governing civil cases. See section 2072 of Title 28, Judiciary and Judicial Procedure.
Repeal effective
All judicial process shall run in the name of “United States of America, ss, the President of the United States”, and all penal or criminal prosecutions in the local courts shall be conducted in the name and by the authority of “The People of Puerto Rico.” All officials shall be citizens of the United States, and, before entering upon the duties of their respective offices, shall take an oath to support the Constitution of the United States and the laws of Puerto Rico.
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 16, 31 Stat. 81.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
Section 875, act Mar. 2, 1917, ch. 145, § 55, 39 Stat. 968, related to continuation of court’s jurisdiction.
Section 876, act Jan. 7, 1913, ch. 6, 37 Stat. 648, related to temporary judge.
Repeal effective
The qualified electors of Puerto Rico shall choose a Resident Commissioner to the United States at each general election, whose term of office shall be four years from the 3d of January following such general election, and who shall be entitled to receive official recognition as such commissioner by all of the departments of the Government of the United States, upon presentation, through the Department of State, of a certificate of election of the Governor of Puerto Rico.
Section is comprised of second sentence of section 36 of act
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86.
The salary allowed by section 39 of act
The resident commissioner was allowed traveling expenses in addition to his salary, and the commencement of his term was fixed by act July 1, 1902, ch. 1383, § 3, 32 Stat. 732.
The manner of paying the salary and traveling expenses of the resident commissioner was fixed by a provision of act June 22, 1906, ch. 3514, § 1, 34 Stat. 417.
1934—Act
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
No person shall be eligible to election as Resident Commissioner who is not a bona fide citizen of the United States and who is not more than twenty-five years of age, and who does not read and write the English language. In case of a vacancy in the office of Resident Commissioner by death, resignation, or otherwise, the governor, by and with the advice and consent of the senate, shall appoint a Resident Commissioner to fill the vacancy, who shall serve until the next general election and until his successor is elected and qualified.
Section is comprised of fifth and sixth sentences of section 36 of act
Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, § 39, 31 Stat. 86.
The Resident Commissioner shall receive a salary payable monthly by the United States. He shall be allowed the same sum for stationery and for the pay of necessary clerk hire as is allowed Members of the House of Representatives of the United States. He shall be allowed the franking privilege granted Members of Congress.
Section is comprised of parts of third and fourth sentences of section 36 of act
The salary and traveling expenses of the Resident Commissioner from Puerto Rico to the United States shall be paid by the Chief Administrative Officer of the House of Representatives in the same manner as the salaries of the members of the House of Representatives are paid.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Sergeant-at-Arms”.
“Puerto Rico” substituted in text for “Porto Rico” pursuant to act
The government of Puerto Rico acting through its legislature, may create a public corporate authority or authorities and may authorize such authority or authorities or any other public corporate authority or any municipal corporation or political subdivision, acting directly or through any officer or agency thereof or through a public corporate authority, to undertake slum clearance and urban redevelopment projects and urban renewal projects and to do all things, exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning and zoning, necessary or desirable for receiving Federal assistance under title I of the Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended [42 U.S.C. 1450 et seq.], or any other law, except that public corporate authorities (as distinct from municipalities or political subdivisions) created or authorized to operate in accordance with this Act, as amended, shall not be given any power of taxation or any power to pledge the full faith and credit of the people of the Territory, or municipality, or political subdivision, as the case may be, for any loan whatever. The Legislature of Puerto Rico may, with respect to any public corporate authority or authorities empowered or which may be empowered to undertake slum clearance and urban redevelopment projects and urban renewal projects, provide for the appointment and terms of office of the members thereof, and for the powers of such authorities, including authority to accept whatever benefits the Federal Government may make available for slum clearance and urban redevelopment projects and urban renewal projects, and authority, notwithstanding any other Federal law, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the respective legislatures may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of any Territory or municipal corporation or other political subdivision or agency thereof other than the public corporate authority which issued such notes, bonds, or obligations, nor constitute a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to Puerto Rico, or to any municipal corporation or other political subdivision or agency thereof.
The Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413. Title I of the Housing Act of 1949 was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of Title 42, The Public Health and Welfare, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated the authority to make grants or loans under such title I after
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted sections 480 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 title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Section 101 of act
1955—Act
Financial assistance available for urban renewal projects, see section 107(1), (2) of act
The government of Puerto Rico may assist slum clearance and urban redevelopment projects and urban renewal projects through cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may authorize municipalities or other political subdivisions to make cash donations, loans, conveyances of real and personal property to public corporate authorities and to take other action, including but not limited to the making available or the furnishing of facilities and services, in aid of slum clearance and urban redevelopment projects and urban renewal projects.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Section 102 of act
1955—Act
All legislation heretofore enacted by the Legislature of the Territory of Puerto Rico dealing with the subject matter of this Act and not inconsistent herewith is ratified and confirmed.
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted sections 480 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 title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Section 103 of act
The Legislature of Puerto Rico may create public corporate authorities to undertake slum clearance and projects to provide dwelling accommodations for families of low income.
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 commissioners of such authorities, and for the powers of such authorities, except that such authorities shall be given no power of taxation, and may authorize the commissioners of such authorities to fix the salaries of employees.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
The legislature may appropriate funds for and may make and authorize any municipality of Puerto Rico to make loans, donations, and conveyances of money or property to such authorities; may make and authorize any municipality of Puerto Rico to make available its facilities and services to such authorities and take other action in aid of slum clearance or low-rent housing; and may, without regard to any Federal Acts restricting the disposition of public property or lands in Puerto Rico, provide for the use by or disposal to such authorities of any public lands or other property held or controlled by the people of Puerto Rico, its municipalities, or other subdivisions.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
The legislature may authorize such authorities to issue bonds or other obligations with such security as the legislature may provide and may provide for the disposition of the proceeds of such bonds and all receipts and revenues of such authorities.
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Such bonds shall not be a debt of Puerto Rico or any municipality, and shall not constitute a public indebtedness within the meaning of section 3 of the Act of Congress approved
Section 3 of the Act of Congress approved
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
All legislation heretofore enacted by the Legislature of Puerto Rico dealing with the subject 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.
Independence of Philippine Islands recognized and American sovereignty withdrawn by Proc. No. 2695, eff.
Sections 1001 to 1008 were omitted in view of recognition of Philippine independence.
Section 1001, act Aug. 29, 1916, ch. 416, § 1, 39 Stat. 545, defined Philippine Islands.
Section 1002, act Aug. 29, 1916, ch. 416, § 2, 39 Stat. 546, related to Philippine citizenship.
Section 1003, act Aug. 29, 1916, ch. 416, § 5, 39 Stat. 547, related to application of statutory law of United States.
Section 1004, act Aug. 29, 1916, ch. 416, § 6, 39 Stat. 547, related to continuing force and effect of Philippine laws.
Section 1005, act Aug. 29, 1916, ch. 416, § 7, 39 Stat. 547, related to power of Philippine Legislature to modify, repeal, etc., laws.
Section 1006, act Aug. 29, 1916, ch. 416, § 31, 39 Stat. 556, related to laws continued in force.
Section 1007, act Aug. 29, 1916, ch. 416, § 4, 39 Stat. 547, related to payment of expenses of Philippine government.
Section 1007a, acts Sept. 1, 1937, ch. 898, title V, § 503, 50 Stat. 915; Oct. 15, 1940, ch. 887, 54 Stat. 1178, related to appropriations for financing program of economic adjustment.
Section 1008, act Aug. 29, 1916, ch. 416, § 3, 39 Stat. 546, related to a bill of rights and restrictions for Philippine Islands.
Section, act Mar. 8, 1902, ch. 140, § 9, 32 Stat. 55, related to requirements as to evidence in treason cases in Philippines.
Act Oct. 31, 1951, ch. 655, § 56(l), 65 Stat. 730, provided that the repeal of this section should not affect any rights or liabilities existing hereunder on the effective date of that repeal (
Sections 1010 to 1019 were omitted in view of recognition of Philippine independence.
Section 1010, acts Aug. 29, 1916, ch. 416, § 11, 39 Stat. 548; July 21, 1921, ch. 51, 42 Stat. 145; May 31, 1922, ch. 203, 42 Stat. 599, related to prohibition against export duties and imposition of taxes and assessments.
Section 1011, acts July 1, 1902, ch. 1369, § 84, 32 Stat. 711; July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714; Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, related to shipping, customs, duties, seamen, and health laws.
Section 1011a, act July 3, 1930, ch. 831, 46 Stat. 851, related to imports consigned to departments and bureaus of United States Government.
Section 1012, act Feb. 6, 1905, ch. 453, § 5, 33 Stat. 692, related to admission free of duty of railroad material.
Section 1013, act Feb. 6, 1905, ch. 453, § 6, 33 Stat. 692, related to administration of immigration laws.
Section 1014, act Apr. 29, 1908, ch. 152, § 5, 35 Stat. 70, related to administration of navigation laws.
Section 1015, act Apr. 29, 1908, ch. 152, § 1, 35 Stat. 70, related to temporary regulation of transportation of merchandise and passengers.
Section 1016, acts Apr. 29, 1908, ch. 152, § 4, 35 Stat. 70; Aug. 29, 1916, ch. 416, § 22, 39 Stat. 553, related to licenses to certain vessels.
Section 1017, act Apr. 29, 1908, ch. 152, § 3, 35 Stat. 70, related to inapplicability to certain foreign vessels of restrictions on transportation of merchandise and passengers.
Section 1018, act July 1, 1902, ch. 1369, § 11, 32 Stat. 695, related to improvement of harbors and navigable waters.
Section 1019, acts Mar. 22, 1902, ch. 273, 32 Stat. 88; Mar. 2, 1917, ch. 145, § 54, 39 Stat. 968, related to acknowledgment of deeds.
Sections 1041 to 1055 were omitted in view of recognition of Philippine independence.
Section 1041, act Aug. 29, 1916, ch. 416, § 8, 39 Stat. 547, related to grant of legislative power to Philippine Legislature.
Section 1042, act Aug. 29, 1916, ch. 416, § 10, 39 Stat. 548, related to Legislature’s authority over trade relations, tariff acts, and immigration.
Section 1043, act Aug. 29, 1916, ch. 416, § 12, 39 Stat. 548, related to composition of Legislature.
Section 1044, act Aug. 29, 1916, ch. 416, § 13, 39 Stat. 549, related to qualifications and election of senators.
Section 1045, act Aug. 29, 1916, ch. 416, 14, 39 Stat. 549, related to qualifications and election of representatives.
Section 1046, act Aug. 29, 1916, ch. 416, § 16, 39 Stat. 549, related to senatorial and representative districts.
Section 1047, act Aug. 29, 1916, ch. 416, § 15, 39 Stat. 549, related to qualifications of voters.
Section 1048, act Aug. 29, 1916, ch. 416, § 17, 39 Stat. 550, related to terms of office of senators and representatives.
Section 1049, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. 550, related to legislative sessions.
Section 1050, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. 550, related to compensation and privileges of members.
Section 1051, act Aug. 29, 1916, ch. 416, § 18, 39 Stat. 550, related to ineligibility of senators and representatives to hold certain offices.
Section 1052, act Aug. 29, 1916, ch. 416, § 19, 39 Stat. 551, related to enactment of laws and approval by President of the United States.
Section 1053, act Aug. 29, 1916, ch. 416, § 19, 39 Stat. 551, related to failure to make appropriations.
Section 1054, acts Aug. 29, 1916, ch. 416, § 19, 39 Stat. 551; May 29, 1928, ch. 901, § 1, 45 Stat. 996; Feb. 28, 1929, ch. 364, §§ 1, 2, 45 Stat. 1348, related to reporting of laws to Congress.
Section 1055, acts June 2, 1924, ch. 234, § 261, 43 Stat. 294; Feb. 26, 1926, ch. 27, §§ 261, 1200, 44 Stat. 52, 125, related to income tax laws.
Sections 1071 to 1078 were omitted in view of recognition of Philippine independence.
Section 1071, acts July 1, 1902, ch. 1369, § 9, 32 Stat. 695; Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to jurisdiction of the courts.
Section 1072, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to admiralty jurisdiction.
Section 1073, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to appointment of chief justice and associate justices of supreme court.
Section 1074, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to appointment of judges of courts of first instance.
Section 1075, acts Aug. 29, 1916, ch. 416, § 29, 39 Stat. 556; May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997, related to salaries of judges.
Section 1075a, act May 29, 1928, ch. 904, §§ 1, 2, 45 Stat. 997, related to salaries of judges.
Section 1076, act
Section 1077, act Feb. 6, 1905, ch. 453, § 7, 33 Stat. 692, related to temporary judges of supreme court, prior to repeal by Pub. L. 89–554, § 8(a),
Section 1078, act Aug. 29, 1916, ch. 416, § 26, 39 Stat. 555, related to jurisdiction of municipal courts.
Sections 1091 to 1094 were omitted in view of recognition of Philippine independence.
Section 1091, acts Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552; June 5, 1934, ch. 390, § 4, 48 Stat. 879, related to appointment and qualifications of Resident Commissioners.
Section 1092, acts July 1, 1902, ch. 1369, § 8, 32 Stat. 694; Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552, related to temporary appointment of Resident Commissioners.
Section 1093, acts May 22, 1908, ch. 186, § 1, 35 Stat. 188; May 17, 1932, ch. 190, 47 Stat. 158, related to salary of Resident Commissioners.
Section 1094, act Aug. 29, 1916, ch. 416, § 20, 39 Stat. 552, related to allowance for stationery and clerk hire.
Sections 1111 to 1125 were omitted in view of recognition of Philippine independence.
Section 1111, act Aug. 29, 1916, ch. 416, § 21, 39 Stat. 552, related to appointment, powers, and duties of Governor General.
Section 1112, act Aug. 29, 1916, ch. 416, § 23, 39 Stat. 553, related to designation of acting Governor General.
Section 1113, act Aug. 29, 1916, ch. 416, § 23, 39 Stat. 553, related to appointment and duties of Vice Governor.
Section 1114, act Aug. 29, 1916, ch. 416, § 22, 39 Stat. 553, related to increase or decrease in executive departments.
Section 1115, act Aug. 29, 1916, ch. 416, § 22, 39 Stat. 553, related to bureau of non-christian tribes.
Section 1116, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to appointment and duties of auditor.
Section 1117, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to deputy and assistant auditor.
Section 1118, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to administrative jurisdiction of accounts.
Section 1119, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to auditor’s authority to summon witnesses.
Section 1120, acts Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553; June 10, 1921, ch. 18, §§ 301, 310, 42 Stat. 23, 25, related to finality of auditor’s decisions.
Section 1121, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to reports by auditors to Governor General and Secretary of War.
Section 1122, act Aug. 29, 1916, ch. 416, § 24, 39 Stat. 553, related to supervision of auditor’s office by Governor General.
Section 1123, act Aug. 29, 1916, ch. 416, § 25, 39 Stat. 554, related to appeals from auditor’s decisions.
Section 1124, act Aug. 29, 1916, ch. 416, § 29, 39 Stat. 556, related to salaries of officials.
Section 1125, act Aug. 29, 1916, ch. 416, § 30, 39 Stat. 556, related to compensation of municipal officers out of provincial and municipal revenues.
Sections 1141 to 1156 were omitted in view of recognition of Philippine independence.
Section 1141, act July 1, 1902, ch. 1369, § 76, 32 Stat. 710, related to establishment of a mint at Manila.
Section 1142, act Mar. 2, 1903, ch. 980, § 1, 32 Stat. 952, related to establishment of gold peso as unit of value.
Section 1143, act Mar. 2, 1903, ch. 980, §§ 2, 3, 32 Stat. 953, related to coinage of silver pesos.
Section 1144, acts July 1, 1902, ch. 1369, § 77, 32 Stat. 710; Mar. 2, 1903, ch. 980, § 4, 32 Stat. 953, related to coinage of subsidiary silver coins.
Section 1145, act Mar. 2, 1903, ch. 980, § 5, 32 Stat. 953, related to limitations on subsidiary coins as legal tender.
Section 1146, act July 1, 1902, ch. 1369, § 79, 32 Stat. 710, related to coinage of minor coins.
Section 1147, acts July 1, 1902, ch. 1369, § 82, 32 Stat. 711; Mar. 2, 1903, ch. 980, § 11, 32 Stat. 954, related to devices and inscriptions on coins.
Section 1148, acts July 1, 1902, ch. 1369, § 81, 32 Stat. 710; Mar. 2, 1903, ch. 980, § 10, 32 Stat. 954, related to place of coinage.
Section 1149, act Mar. 2, 1903, ch. 980, § 5, 32 Stat. 953, related to purchase of silver bullion and recoinage.
Section 1150, acts July 1, 1902, ch. 1369, § 80, 32 Stat. 710; Mar. 2, 1903, ch. 980, § 9, 32 Stat. 954, related to purchase of metal.
Section 1151, acts Mar. 2, 1903, ch. 980, § 6, 32 Stat. 953; July 21, 1921, ch. 51, 42 Stat. 146, related to gold and silver peso parity.
Section 1152, act June 23, 1906, ch. 3521, § 1, 34 Stat. 453, related to change in weight and fineness of silver coins.
Section 1153, acts Mar. 2, 1903, ch. 980, § 8, 32 Stat. 954; Feb. 6, 1905, ch. 453, § 10, 33 Stat. 697; June 23, 1906, ch. 3521, § 2, 34 Stat. 453, related to redemption of silver certificates.
Section 1154, act Mar. 2, 1903, ch. 980, § 12, 32 Stat. 954, related to drawings, designs, and plates.
Section 1155, act Mar. 2, 1903, ch. 980, § 7, 32 Stat. 954, related to previously used silver coins as legal tender.
Section 1156, act July 1, 1902, ch. 1369, § 83, 32 Stat. 711, related to redemption and reissue of defective coins.
Section, acts June 11, 1934, ch. 445, 48 Stat. 929; Aug. 7, 1946, ch. 809, § 1, 60 Stat. 901, which related to deposits of public money in the United States Treasury, and which had been transferred to section 1333 of Title 22, Foreign Relations and Intercourse, terminated on
Sections 1171 to 1173 were omitted in view of recognition of Philippine independence.
Section 1171, act Aug. 29, 1916, ch. 416, § 28, 39 Stat. 555, related to granting of franchises and rights and compensation for property taken or damaged.
Section 1172, act Aug. 29, 1916, ch. 416, § 28, 39 Stat. 555, related to involuntary servitude and penalties therefor.
Section 1173, act July 1, 1902, ch. 1369, § 75, 32 Stat. 709, related to corporation engaged in real estate business.
Sections 1191 to 1202 were omitted in view of recognition of Philippine independence.
Section 1191, acts Aug. 29, 1916, ch. 416, § 11, 39 Stat. 548; July 21, 1921, ch. 51, 42 Stat. 145; May 31, 1922, ch. 203, 42 Stat. 599, related to bond issues to anticipate taxes and revenue.
Section 1192, act Feb. 6, 1905, ch. 453, § 2, 33 Stat. 689, related to bond issues for public improvements.
Section 1193, act Feb. 6, 1905, ch. 453, § 1, 33 Stat. 689, related to government bonds as exempt from taxation.
Section 1194, acts July 1, 1902, ch. 1369, § 66, 32 Stat. 707; Feb. 6, 1905, ch. 453, § 3, 33 Stat. 690, related to municipal indebtedness for improvements.
Section 1195, act July 1, 1902, ch. 1369, § 67, 32 Stat. 707, related to denominations of bonds.
Section 1196, act July 1, 1902, ch. 1369, § 68, 32 Stat. 708, related to use of funds from sale of bonds.
Section 1197, act July 1, 1902, ch. 1369, § 69, 32 Stat. 708, related to taxes to pay bonds and creation of a sinking fund.
Section 1198, act July 1, 1902, ch. 1369, §§ 70, 71, 32 Stat. 708, related to bonds for sewers and water supply in Manila.
Section 1199, act July 1, 1902, ch. 1369, § 72, 32 Stat. 708, related to use of funds from sale of bonds for sewers and water supply in Manila.
Section 1200, act July 1, 1902, ch. 1369, § 73, 32 Stat. 708, related to taxes and sinking fund for payment of bonds for sewers and water supply in Manila.
Section 1201, act Feb. 6, 1905, ch. 453, § 4, 33 Stat. 690, related to guarantee of railroad bonds and the contract of guaranty.
Section 1202, act Feb. 6, 1905, ch. 453, § 4, 33 Stat. 690, related to jurisdiction of Supreme Court of Philippines over actions brought under section 1201 of this title.
Sections 1221 to 1226 were omitted in view of recognition of Philippine independence.
Section 1221, act Aug. 29, 1916, ch. 416, § 9, 39 Stat. 547, related to restoration of public property and lands ceded to United States by Spain to the Philippine Legislature.
Section 1222, act Aug. 29, 1916, ch. 416, § 9, 39 Stat. 547, related to approval by President of acts regulating public domain, mining, and timber.
Section 1223, acts July 1, 1902, ch. 1369, § 14, 32 Stat. 696; Aug. 29, 1916, ch. 416, § 12, 39 Stat. 548, related to perfecting titles of claimants from Spain.
Section 1224, act July 1, 1902, ch. 1369, § 63, 32 Stat. 706, related to authority of Government to acquire real and personal property.
Section 1225, acts July 1, 1902, ch. 1369, § 64, 32 Stat. 706; Aug. 29, 1916, ch. 416, §§ 12, 22, 39 Stat. 548, 553, related to acquisition of property of religious orders.
Section 1226, act July 1, 1902, ch. 1369, § 65, 32 Stat. 707, related to use of lands acquired from religious orders as public property.
Sections 1231 to 1234 were omitted in view of recognition of Philippine independence.
Section 1231, acts Jan. 17, 1933, ch. 11, § 1, 47 Stat. 761; Mar. 24, 1934, ch. 84, § 1, 48 Stat. 456, related to a convention to frame a constitution for Philippines. Section 1 of act
Section 1232, acts Jan. 17, 1933, ch. 11, § 10, 47 Stat. 768; Mar. 24, 1934, ch. 84, § 2, 48 Stat. 457; Proc. No. 2695, eff.
Section 1233, acts Jan. 17, 1933, ch. 11, § 3, 47 Stat. 763; Mar. 24, 1934, ch. 84, § 3, 48 Stat. 458, related to submission of proposed constitution to President of United States.
Section 1234, acts Jan. 17, 1933, ch. 11, § 4, 47 Stat. 763; Mar. 24, 1934, ch. 84, § 4, 48 Stat. 458, related to submission of constitution to Filipino people.
Section 1235, act Mar. 24, 1934, ch. 84, § 5, 48 Stat. 459, related to transfer of property and rights to Philippine Commonwealth, and was transferred to section 1391 of Title 22, Foreign Relations and Intercourse.
Section 1235a, act June 29, 1944, ch. 322, § 2, 58 Stat. 626, related to acquisition of military and naval bases by United States, and has been transferred to section 1392 of Title 22.
Section 1236, acts Mar. 24, 1934, ch. 84, § 6, 48 Stat. 459; Aug. 7, 1939, ch. 502, § 1, 53 Stat. 1226; Apr. 30, 1946, ch. 244, title V, § 511(2), 60 Stat. 158;
Section, act June 14, 1935, ch. 240, §§ 1–5, 49 Stat. 340, which fixed the quantity of Manila and other fibre products, produced in the Philippine Islands, to be admitted into the United States duty free, by its own terms originally expired three years from
Sections 1236b to 1237c were omitted in view of recognition of Philippine independence.
Section 1236b, act Dec. 22, 1941, ch. 617, § 1, 55 Stat. 852, related to export tax rate and temporary suspension.
Section 1236c, act Dec. 22, 1941, ch. 617, § 2, 55 Stat. 852, related to reduction of export quotas and temporary suspension.
Section 1237, acts Jan. 17, 1933, ch. 11, § 7, 47 Stat. 765; Mar. 24, 1934, ch. 84, § 7, 48 Stat. 460, related to government relations and appointment and duties of the High Commissioner to the Philippines.
Section 1237a, acts Mar. 21, 1935, ch. 36, title I, 49 Stat. 59; May 15, 1936, ch. 404, § 1, 49 Stat. 1306; July 19, 1937, ch. 511, § 1, 50 Stat. 516; June 11, 1938, ch. 348, § 1, 52 Stat. 669; June 28, 1939, ch. 246, § 1, 53 Stat. 858; June 18, 1940, ch. 395, § 1, 54 Stat. 410; June 28, 1941, ch. 259, § 1, 55 Stat. 309; July 2, 1942, ch. 473, § 1, 56 Stat. 510; July 12, 1943, ch. 219, § 1, 57 Stat. 454, related to salaries of legal advisor and financial expert.
Section 1237b, act June 5, 1936, ch. 519, 49 Stat. 1478, related to appointment powers, and duties of the acting High Commissioner, and was repealed by Pub. L. 89–554, § 8(a),
Section 1237c, act Aug. 11, 1937, ch. 581, §§ 1–3, 50 Stat. 621, 622, related to authorization to Chief Clerk and Assistant Chief Clerk of High Commissioner to administer oaths.
Section, acts Jan. 17, 1933, ch. 11, § 8, 47 Stat. 767; Mar. 24, 1934, ch. 84, § 8, 48 Stat. 462; Aug. 7, 1939, ch. 502, § 2, 53 Stat. 1230, related to immigration. See section 1151 et seq. of Title 8, Aliens and Nationality.
Sections 1238a and 1239 were omitted in view of recognition of Philippine independence.
Section 1238a, act Aug. 7, 1939, ch. 502, § 8, 53 Stat. 1234, related to assignment of Foreign Service Officers to Philippines.
Section 1239, acts Jan. 17, 1933, ch. 11, § 9, 47 Stat. 768; Mar. 24, 1934, ch. 84, § 9, 48 Stat. 463, related to obligation of United States as to Philippine bonds and exemption of bonds from taxation.
Section, acts Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230, related to recognition of Philippine independence, withdrawal of American sovereignty, and property for diplomatic purposes, and was transferred to section 1394 of Title 22, Foreign Relations and Intercourse.
Sections 1241 to 1243 were omitted in view of recognition of Philippine independence.
Section 1241, acts Jan. 17, 1933, ch. 11, § 11, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 11; 48 Stat. 463, related to neutralization of the Philippines.
Section 1242, acts Jan. 17, 1933, ch. 11, § 12, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 12, 48 Stat. 463, related to notification to foreign governments of Philippine Independence.
Section 1243, acts Jan. 17, 1933, ch. 11, § 13, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 13, 48 Stat. 464; Aug. 7, 1939, ch. 502, § 4, 53 Stat. 1231; June 29, 1944, ch. 323, § 1, 58 Stat. 626; Apr. 30, 1946, ch. 244, title V, § 511(3), 60 Stat. 158, related to establishment of Filipino Rehabilitation Commission.
Section, acts Jan. 17, 1933, ch. 11, § 14, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 14, 48 Stat. 464, related to immigration after independence. See section 1151 et seq. of Title 8, Aliens and Nationality.
Section, acts Jan. 17, 1933, ch. 11, § 15, 47 Stat. 769; Mar. 24, 1934, ch. 84, § 15, 48 Stat. 464, related to statutes continued in force, and was omitted in view of recognition of Philippine independence.
Section, act Mar. 24, 1934, ch. 84, § 16, 48 Stat. 464, was a saving clause, and has been transferred to a Separability note set out under section 1391 of Title 22, Foreign Relations and Intercourse.
Section, acts Jan. 17, 1933, ch. 11, § 17, 47 Stat. 770; Mar. 24, 1934, ch. 84, § 17, 48 Stat. 465, related to effective date, and was omitted in view of recognition of Philippine independence.
Section, act Mar. 24, 1934, ch. 84, § 18, as added Aug. 7, 1939, ch. 502, § 5, 53 Stat. 1231, related to definitions, and has been transferred to section 1395 of Title 22, Foreign Relations and Intercourse.
Sections 1248 and 1249 were omitted in view of recognition of Philippine independence.
Section 1248, act Mar. 24, 1934, ch. 84, § 19, as added Aug. 7, 1939, ch. 502, § 6, 53 Stat. 1232, related to disposition of tax proceeds.
Section 1249, act Nov. 8, 1945, ch. 454, 59 Stat. 577, related to disposition of excise tax proceeds into general funds of Philippine Treasury.
Section 1251, acts July 10, 1935, ch. 376, § 1, 49 Stat. 478; July 27, 1939, ch. 390, § 1, 53 Stat. 1133; 1940 Reorg. Plan No. V, § 1, eff.
Section 1252, acts July 10, 1935, ch. 376, § 2, 49 Stat. 478; July 27, 1939, ch. 390, § 2, 53 Stat. 1133; 1940 Reorg. Plan No. V, § 1, eff.
Section 1253, acts July 10, 1935, ch. 376, § 3, 49 Stat. 478; July 27, 1939, ch. 390, § 3, 53 Stat. 1133; 1940 Reorg. Plan No. V, § 1, eff.
Section 1254, acts July 10, 1935, ch. 376, § 4, 49 Stat. 479; July 27, 1939, ch. 330, § 4, 53 Stat. 1134, related to returning to the United States.
Section 1255, acts July 10, 1935, ch. 376, § 5, 49 Stat. 479; July 27, 1939, ch. 390, § 5, 53 Stat. 1134; 1940 Reorg. Plan No. V, § 1, eff.
Section 1256, acts July 10, 1935, ch. 376, § 6, 49 Stat. 479; June 4, 1936, ch. 497, 49 Stat. 1462; May 14, 1937, ch. 184, 50 Stat. 165; July 27, 1939, ch. 390, § 6, 53 Stat. 1134; 1940 Reorg. Plan No. V, § 1, eff.
Section 1257, acts July 10, 1935, ch. 376, § 7, 49 Stat. 479; July 27, 1939, ch. 390, § 7, 53 Stat. 1134, related to deportation.
Sections 1261 to 1264 of this title were transferred to section 1251 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.
Section 1261, act Apr. 30, 1946, ch. 244, title II, § 201, 60 Stat. 143, related to free entry of Philippine articles, and was transferred to section 1251 of Title 22.
Section 1261a, act Apr. 30, 1946, ch. 244, title II, § 202, 60 Stat. 143, related to ordinary customs duties on Philippine articles, and was transferred to section 1252 of Title 22.
Section 1261b, act Apr. 30, 1946, ch. 244, title II, § 203, 60 Stat. 144, related to customs duties other than ordinary, and was transferred to section 1253 of Title 22.
Section 1261c, act Apr. 30, 1946, ch. 244, title II, § 204, 60 Stat. 144, related to equality in special import duties, and was transferred to section 1254 of Title 22.
Section 1261d, act Apr. 30, 1946, ch. 244, title II, § 205, 60 Stat. 144, related to equality in duties on products of Philippines, and was transferred to section 1255 of Title 22.
Section 1262, act Apr. 30, 1946, ch. 244, title II, § 211, 60 Stat. 144, related to absolute quota on sugars, and was transferred to section 1261 of Title 22.
Section 1262a, act Apr. 30, 1946, ch. 244, title II, § 212, 60 Stat. 145, related to absolute quota on cordage, and was transferred to section 1262 of Title 22.
Section 1262b, act Apr. 30, 1946, ch. 244, title II, § 213, 60 Stat. 145, related to absolute quota on rice, and was transferred to section 1263 of Title 22.
Section 1262c, act Apr. 30, 1946, ch. 244, title II, § 214, 60 Stat. 146, related to absolute and duty free quotas on certain articles, and was transferred to section 1264 of Title 22.
Section 1262d, act Apr. 30, 1946, ch. 244, title II, § 215, 60 Stat. 147, related to laws putting into effect allocations of quotas, and was transferred to section 1265 of Title 22.
Section 1262e, act Apr. 30, 1946, ch. 244, title II, § 216, 60 Stat. 147, related to transfers and assignments of quota allocations, and was transferred to section 1266 of Title 22.
Section 1263, act Apr. 30, 1946, ch. 244, title II, § 221, 60 Stat. 147, related to equality in internal taxes, and was transferred to section 1271 of Title 22.
Section 1263a, act Apr. 30, 1946, ch. 244, title II, § 222, 60 Stat. 148, related to exemption from tax of manila fiber, and was transferred to section 1272 of Title 22.
Section 1263b, act Apr. 30, 1946, ch. 244, title II, § 223, 60 Stat. 148, related to prohibition of export taxes, and was transferred to section 1273 of Title 22.
Section 1263c, act Apr. 30, 1946, ch. 244, title II, § 224, 60 Stat. 148, related to exemption from taxes of articles of official use, and was transferred to section 1274 of Title 22.
Section 1264, act Apr. 30, 1946, ch. 244, title II, § 231, 60 Stat. 148, related to certain Philippine citizens granted non-quota status, and was transferred to section 1281 of Title 22.
Sections 1266 to 1270b of this title were transferred to section 1291 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.
Section 1266, act Apr. 30, 1946, ch. 244, title III, § 301, 60 Stat. 148, related to a statement of purposes for title III of act
Section 1267, act Apr. 30, 1946, ch. 244, title III, § 311, 60 Stat. 149, related to free entry of United States articles, and was transferred to section 1301 of Title 22.
Section 1267a, act Apr. 30, 1946, ch. 244, title III, § 312, 60 Stat. 149, related to ordinary customs duties on United States articles, and was transferred to section 1302 of Title 22.
Section 1267b, act Apr. 30, 1946, ch. 244, title III, § 313, 60 Stat. 149, related to customs duties other than ordinary, and was transferred to section 1303 of Title 22.
Section 1267c, act Apr. 30, 1946, ch. 244, title III, § 314, 60 Stat. 150, related to equality in special import duties, and was transferred to section 1304 of Title 22.
Section 1267d, act Apr. 30, 1946, ch. 244, title III, § 315, 60 Stat. 150, related to equality in duties on products of the United States, and was transferred to section 1305 of Title 22.
Section 1268, act Apr. 30, 1946, ch. 244, title III, § 321, 60 Stat. 150, related to equality in internal taxes, and was transferred to section 1311 of Title 22.
Section 1268a, act Apr. 30, 1946, ch. 244, title III, § 322, 60 Stat. 150, related to prohibition of export taxes, and was transferred to section 1312 of Title 22.
Section 1268b, act Apr. 30, 1946, ch. 244, title III, § 323, 60 Stat. 150, related to exemption from taxes of articles for official use, and was transferred to section 1313 of Title 22.
Section 1269, act Apr. 30, 1946, ch. 244, title III, § 331, 60 Stat. 151, related to certain United States citizens given non-quota status, and was transferred to section 1321 of Title 22.
Section 1269a, act Apr. 30, 1946, ch. 244, title III, § 332, 60 Stat. 151, related to immigration of United States citizens into the Philippines, and was transferred to section 1322 of Title 22.
Section 1270, act Apr. 30, 1946, ch. 244, title III, § 341, 60 Stat. 151, related to rights of U.S. citizens and businesses in natural resources, and was transferred to section 1331 of Title 22.
Section 1270a, act Apr. 30, 1946, ch. 244, title III, § 342, 60 Stat. 151, related to currency stabilization, and was transferred to section 1332 of Title 22.
Section 1270b, act Apr. 30. 1946, ch. 244, title III, § 343, 60 Stat. 151, related to allocation of quotas, and was transferred to section 1334 of Title 22.
Sections 1272 to 1272g of this title were transferred to section 1341 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.
Section 1272, act Apr. 30, 1946, ch. 244, title IV, § 401, 60 Stat. 151, related to authorization of an executive agreement between the Philippines and the United States, and was transferred to section 1341 of Title 22.
Section 1272a, act Apr. 30, 1946, ch. 244, title IV, § 402, 60 Stat. 152, related to obligations of the Philippines, and was transferred to section 1342 of Title 22.
Section 1272b, act Apr. 30, 1946, ch. 244, title IV, § 403, 60 Stat. 153, related to obligations of the United States, and was transferred to section 1343 of Title 22.
Section 1272c, act Apr. 30, 1946, ch. 244, title IV, § 404, 60 Stat. 153, related to termination of agreement, and was transferred to section 1344 of Title 22.
Section 1272d, act Apr. 30, 1946, ch. 244, title IV, § 405, 60 Stat. 154, related to effect of termination of agreement, and was transferred to section 1345 of Title 22.
Section 1272e, act Apr. 30, 1946, ch. 244, title IV, § 406, 60 Stat. 154, related to interpretation of agreement, and was transferred to section 1346 of Title 22.
Section 1272f, act Apr. 30, 1946, ch. 244, title IV, § 407, 60 Stat. 154, related to termination of authority to make agreement, and was transferred to section 1347 of Title 22.
Section 1272g, act Apr. 30, 1946, ch. 244, title IV, § 408, 60 Stat. 154, related to effective date of agreement, and was transferred to section 1348 of Title 22.
Sections 1274 to 1274i of this title were transferred to section 1351 et seq. of Title 22, Foreign Relations and Intercourse, and were subsequently omitted from the Code.
Section 1274, act Apr. 30, 1946, ch. 244, title V, § 501, 60 Stat. 155, related to suspension and termination of agreement in case of discrimination, and was transferred to section 1351 of Title 22.
Section 1274a, act Apr. 30, 1946, ch. 244, title V, § 502, 60 Stat. 155, related to suspension of title I of act
Section 1274b, act Apr. 30, 1946, ch. 244, title V, § 503, 60 Stat. 156, related to customs duties on importations from Philippines, and was transferred to section 1353 of Title 22.
Section 1274c, act Apr. 30, 1946, ch. 244, title V, § 504, 60 Stat. 156, related to quotas on Philippine articles, and was transferred to section 1354 of Title 22.
Section 1274d, act Apr. 30, 1946, ch. 244, title V, § 505(b), 60 Stat. 157, related to suspension of processing tax on coconut oil, and was transferred to section 1355 of Title 22.
Section 1274e, act Apr. 30, 1946, ch. 244, title V, § 506(a), 60 Stat. 157, related to termination of payments into Philippine treasury, and was transferred to section 1356 of Title 22.
Section 1274f, act Apr. 30, 1946, ch. 244, title V, § 508, 60 Stat. 158, related to trade agreements with the Philippines, and was transferred to section 1357 of Title 22.
Section 1274g, act Apr. 30, 1946, ch. 244, title V, § 509, 60 Stat. 158, related to rights of third countries, and was transferred to section 1358 of Title 22.
Section 1274h, act Apr. 30, 1946, ch. 244, title V, § 510, 60 Stat. 158, related to administration of title I of act
Section 1274i, act Apr. 30, 1946, ch. 244, title I, § 2, 60 Stat. 141, related to definitions of terms used in act
Section 1276, act July 3, 1946, ch. 536, § 2, 60 Stat. 418, related to retention by United States of title to real and personal property, and was transferred to section 1381 of Title 22, Foreign Relations and Intercourse.
Section 1276a, acts July 3, 1946, ch. 536, § 3, 60 Stat. 418; Dec. 21, 1950, ch. 1144, 64 Stat. 1116, related to administration of trading with the enemy provisions in the Philippines, and was transferred to section 1382 of Title 22.
Section 1276b, act July 3, 1946, ch. 536, § 4, 60 Stat. 419, related to transfer of property by the President of the United States, and was transferred to section 1383 of Title 22.
Section 1276c, act July 3, 1946, ch. 536, § 5, 60 Stat. 419, related to transfer of shares of corporations owning agricultural lands, and was transferred to section 1384 of Title 22.
Section 1276d, act July 3, 1946, ch. 536, § 6, 60 Stat. 419, related to ownership of naval reservations, diplomatic property etc., and was transferred to section 1385 of Title 22.
Section 1276e, act July 3, 1946, ch. 536, § 7, 60 Stat. 420, related to defining terms for purposes of act
Pub. L. 104–201, div. C, title XXXV, § 3549,
Pub. L. 96–70, title III, § 3303(b),
Pub. L. 87–845,
Act June 19, 1934, ch. 667, 48 Stat. 1122, enacted the “Canal Zone Code” to establish conclusively and be deemed to embrace all the permanent laws relating to or applying in the Canal Zone in force on date of enactment of the Code.
Sections 1301 to 1304 were omitted as not of general application and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1301, acts Aug. 24, 1912, ch. 390, § 14, 37 Stat. 569; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to short title.
Section 1302, acts Aug. 24, 1912, ch. 390, § 1, 37 Stat. 560; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to establishment of Canal Zone.
Section 1303, acts Feb. 27, 1909, ch. 224, § 4, 35 Stat. 658; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to a land survey of Canal Zone.
Section 1304, acts Aug. 24, 1912, ch. 390, § 3, 37 Stat. 561; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to acquisition of lands.
Section 1304a, act May 3, 1932, ch. 162, § 1, 47 Stat. 145, related to modification of boundary line.
Section 1304b, act May 3, 1932, ch. 162, § 2, 47 Stat. 146, related to effect of modification on title to detached lands.
Section 1304c, act May 3, 1932, ch. 162, § 3, 47 Stat. 146, related to effect of modification on pending civil or criminal cases.
Sections 1305 to 1314a were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1305, acts Aug. 24, 1912, ch. 390, § 4, 37 Stat. 561; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 9, 1937, 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, related to establishment, administration, and functions of Canal Zone Government.
Section 1305–1, act Sept. 26, 1950, ch. 1049, § 2(a), (b), 64 Stat. 1038, related to changes in names of terms “the Panama Canal”, “the Canal”, and “the Canal authorities” to “the Canal Zone Government” and “the Panama Railroad Company” to “the Panama Canal Company”.
Section 1305a, acts Aug. 24, 1912, ch. 390, § 4, 37 Stat. 561; Mar. 12, 1928, ch. 213, 45 Stat. 310; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; Sept. 26, 1950, ch. 1049, § 4, 64 Stat. 1040, related to compensation of persons in military, naval, or public health service.
Section 1305b, acts June 19, 1934, ch. 667, § 1, 48 Stat. 1122; Aug. 12, 1949, ch. 422, § 3, 63 Stat. 602; Sept. 26, 1950, ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to special training of employees.
Section 1305c, acts June 19, 1934, ch. 667, § 1, 48 Stat. 1122; Aug. 12, 1949, ch. 422, § 4, 63 Stat. 601; Sept. 26, 1950, ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to artificial limbs and appliances for employees injured prior to
Section 1306, acts Aug. 24, 1912, ch. 390, § 13, 37 Stat. 569; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to Army control in time of war or emergency.
Section 1307, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, § 1, 47 Stat. 814; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; Sept. 26, 1950, ch. 1049, § 2(e), 64 Stat. 1038, related to jurisdiction of the Governor.
Section 1308, acts Feb. 27, 1909, ch. 224, §§ 1–3, 5, 35 Stat. 658; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to lease of public lands.
Section 1309, act Aug. 24, 1912, ch. 390, § 2, 37 Stat. 561, related to continuation of early laws and regulations.
Section 1310, acts Aug. 21, 1916, ch. 371, § 1, 39 Stat. 527; Feb. 16, 1933, ch. 92, 47 Stat. 818; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to sanitary regulations.
Section 1311, acts Aug. 21, 1916, ch. 371, § 2, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to tax regulations.
Section 1311a, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to penalties for tax violations.
Section 1312, acts Aug. 21, 1916, ch. 371, § 3, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to highway regulations.
Section 1312a, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 10, 1937, ch. 487, § 2, 50 Stat. 510, related to violations of highway regulations.
Section 1313, acts Aug. 21, 1916, ch. 371, § 4, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to police regulations.
Section 1314, acts Aug. 21, 1916, ch. 371, § 5, 39 Stat. 528; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to violation of regulations generally.
Section, act July 9, 1937, ch. 470, § 1, 50 Stat. 486, related to air regulations.
Section 1314b, act June 19, 1934, ch. 657, § 1, 48 Stat. 1116, related to intoxicating liquors in the Canal Zone.
Section 1314c, act June 19, 1934, ch. 657, § 2, 48 Stat. 1116, related to penalties for violations of intoxicating liquor regulations.
Section 1314d, act June 19, 1934, ch. 657, § 3, 48 Stat. 1116, related to repeal of prior laws.
Section 1314e, act June 19, 1934, ch. 657, § 4, 48 Stat. 1116, related to effective date.
Sections 1314f to 1315a were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1314f, act Oct. 1, 1942, ch. 574, 56 Stat. 763, related to prohibition of production, possession, and disposition of marihuana.
Section 1314g, act Oct. 1, 1942, ch. 574, 56 Stat. 763, related to defining terms for purposes of act
Section 1314h, acts Oct. 1, 1942, ch. 574, 56 Stat. 763; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to licenses for certain marihuana uses.
Section 1314i, act Oct. 1, 1942, ch. 574, 56 Stat. 763, related to violations, punishment, and confiscation.
Section 1315, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; June 15, 1914, ch. 106, § 1, 2, 38 Stat. 385, 386; Aug. 24, 1937, ch. 752, 50 Stat. 750; Sept. 26, 1950, ch. 1049, § 11, 64 Stat. 1042, related to tolls generally.
Section 1315a, act Sept. 26, 1950, ch. 1049, § 12, 64 Stat. 1042, related to bases of tolls.
Section, act June 12, 1917, ch. 27, § 1, 40 Stat. 179, related to refund of excessive tolls.
Sections 1317 to 1319 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1317, acts June 15, 1914, ch. 106, § 2, 38 Stat. 386; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to reservation of right to discriminate in favor of American vessels.
Section 1318, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; Sept. 21, 1922, ch. 370, § 10, 42 Stat. 1008; July 5, 1932, ch. 425, 47 Stat. 578; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to regulations governing the operation of the Canal.
Section 1319, acts Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562; June 15, 1914, ch. 106, § 1, 38 Stat. 385; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; June 13, 1940, ch. 358, § 1, 54 Stat. 387; Sept. 26, 1950, ch. 1049, § 3, 64 Stat. 1039, related to injuries to vessels, cargo, crew, or passengers in operation of Canal.
Section, act Aug. 24, 1912, ch. 390, § 5, 37 Stat. 562, related to injuries to employees.
Sections 1321 and 1322 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1321, acts Aug. 21, 1916, ch. 371, § 10, 39 Stat. 529; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to passage of persons through the Canal Zone.
Section 1322, acts Aug. 21, 1916, ch. 371, § 10, 39 Stat. 529; June 19, 1934, ch. 667, § 1, 48 Stat. 1122, related to injury to Canal and appurtenances.
Section 1323, acts Aug. 24, 1912, ch. 390, § 6, 37 Stat. 563; Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to establishment and operation of various facilities.
Section 1323–1, acts Aug. 24, 1912, ch. 390, § 6, 37 Stat. 563; Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to organization and conduct of facilities as business operations.
Section 1323–2, act June 19, 1934, ch. 667, § 53, as added Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to receipts, sales, and services.
Section 1323–3, act June 19, 1934, ch. 667, § 54, as added Aug. 12, 1949, ch. 422, § 2, 63 Stat. 601, related to exemption of operations of postal service.
Section, acts Feb. 16, 1933, ch. 89, § 1, 47 Stat. 812; June 13, 1940, ch. 358, § 2, 58 Stat. 389; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to postal service generally and was omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to postal-savings deposits.
Section, acts Aug. 21, 1916, ch. 371, § 6, 39 Stat. 528; Sept. 21, 1922, ch. 370, § 11, 42 Stat. 1008; Feb. 16, 1933, ch. 89, § 2, 47 Stat. 812; June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to interest rate on postal-savings certificates and was omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1323d, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to faith of United States pledged to payment of deposits.
Section 1323e, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to control of money-order and postal-savings funds.
Section 1323f, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to deposit of money-order and postal-savings funds in United States treasury.
Section 1323g, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to deposit of money-order and postal-savings funds in banks.
Section 1323h, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to investment of money-order and postal-savings funds in securities of the United States.
Section, acts Aug. 21, 1916, ch. 371, § 7, 39 Stat. 528; Feb. 16, 1933, ch. 89, § 3, 47 Stat. 812; June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to use of interest and profits on money-order and postal-savings funds and was omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section, act June 13, 1940, ch. 358, § 2, 54 Stat. 389, related to deposit money orders.
Section, act Feb. 16, 1933, ch. 89, § 4, 47 Stat. 813, related to repeal of prior postal laws and was omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1324, acts Aug. 21, 1916, ch. 371, § 6, 39 Stat. 528; Sept. 21, 1922, ch. 370, § 11, 42 Stat. 1008, related to interest on deposit money orders.
Section 1325, act Aug. 21, 1916, ch. 371, § 7, 39 Stat. 528, related to use of interest on money-order funds.
Sections 1325a to 1327 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1325a, acts Feb. 16, 1933, ch. 90, § 1, 47 Stat. 813; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to rules and regulations of the Customs Service.
Section 1325b, act Feb. 16, 1933, ch. 90, § 2, 47 Stat. 813, related to powers of search, seizure, and arrest of customs officers.
Section 1325c, acts Feb. 16, 1933, ch. 90, § 3, 47 Stat. 813; July 10, 1937, ch. 487, § 1, 50 Stat. 509, related to unlawful entry or importation.
Section 1325d, act Feb. 16, 1933, ch. 90, § 4, 47 Stat. 813, related to unmanifested merchandise.
Section 1325e, act Feb. 16, 1933, ch. 90, § 5, 47 Stat. 814, related to unlisted sea stores.
Section 1326, act Aug. 21, 1916, ch. 371, § 8, 39 Stat. 528, related to fees of customs officers.
Section 1327, act Aug. 1, 1914, ch. 223, § 4, 38 Stat. 679, related to accounting by collection officers.
Section 1328, acts Aug. 1, 1914, ch. 223, § 5, 38 Stat. 679; June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23, 24, related to accounting by collecting officers.
Section 1329, acts Mar. 3, 1915, ch. 75, § 3, 38 Stat. 886; June 10, 1921, ch. 18, §§ 301, 304, 42 Stat. 23, 24, related to examination of accounts.
Sections 1330 to 1336h were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1330, act Aug. 24, 1912, ch. 390, § 12, 37 Stat. 569, related to extradition of fugitives.
Section 1330–1, act Dec. 16, 1941, ch. 580, § 2, 55 Stat. 802, related to extradition to and from the United States.
Section 1330a, act July 5, 1932, ch. 419, § 1, 47 Stat. 574, related to extradition to Republic of Panama.
Section 1330b, acts July 5, 1932, ch. 419, § 2, 47 Stat. 574; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to extradition to the Republic of Panama where fugitive a citizen of United States.
Section 1330c, act July 5, 1932, ch. 419, § 3, 47 Stat. 574, related to fugitives accused of crime in the Canal Zone.
Section 1330d, act July 5, 1932, ch. 419, § 4, 47 Stat. 574, related to prosecution for offense other than one extradited for.
Section 1330e, acts July 5, 1932, ch. 419, § 5, 47 Stat. 575; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to written demand for arrest and delivery of fugitive.
Section 1330f, act July 5, 1932, ch. 419, § 6, 47 Stat. 575, related to detention on telegraphic request.
Section 1330g, act July 5, 1932, ch. 419, § 7, 47 Stat. 575, related to entry of extradition agents of the Republic of Panama into Canal Zone to receive fugitives.
Section 1330h, act July 5, 1932, ch. 419, § 8, 47 Stat. 575, related to authority of extradition agents of the Republic of Panama in Canal Zone.
Section 1330i, act July 5, 1932, ch. 419, § 9, 47 Stat. 575, related to papers and objects in possession of the fugitive.
Section 1330j, act July 5, 1932, ch. 419, § 10, 47 Stat. 575, related to payment of capture expenses.
Section 1331, act Aug. 21, 1916, ch. 371, § 9, 39 Stat. 529, related to laws governing American seamen in Zone.
Section 1332, act Aug. 24, 1912, ch. 355, § 4, 37 Stat. 486, related to payments for Toro Point Light.
Section 1333, acts Mar. 4, 1911, ch. 285, § 2, 36 Stat. 1451; July 10, 1937, ch. 487, § 10, 50 Stat. 511; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to carrying of insurance by the Panama Canal Company.
Section 1334, acts June 25, 1910, ch. 384, § 2, 36 Stat. 772; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1048, related to subsidy payments by Panama Canal Company.
Section 1335, acts Mar. 4, 1911, ch. 285, § 6, 36 Stat. 1452; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1048, related to bonds by Panama Canal Company.
Section 1336, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, § 1, 47 Stat. 1038, related to notaries public.
Section 1336a, acts June 30, 1932, ch. 314, pt. II, title V, §§ 501, 502, 47 Stat. 415; Feb. 16, 1933, ch. 88, § 1, 47 Stat. 811, related to rules and regulations of steamboat inspection.
Section 1336b, act Feb. 16, 1933, ch. 88, § 2, 47 Stat. 811, related to inspection of foreign vessels.
Section 1336c, acts Feb. 16, 1933, ch. 88, § 3, 47 Stat. 811; Sept. 26, 1950, ch. 1049, § 2(a)(1), 64 Stat. 1038, related to certificate of inspection.
Section 1336d, act Feb. 16, 1933, ch. 88, § 4, 47 Stat. 811, related to refusal of certificate.
Section 1336e, acts June 30, 1932, ch. 314, pt. II, title V, § 501, 47 Stat. 415; Feb. 16, 1933, ch. 88, § 5, 47 Stat. 811; May 27, 1936, ch. 463, § 1, 49 Stat. 1380; Sept. 26, 1950, ch. 1049, (2)(a), (1), 64 Stat. 1038, related to navigating waters without lawful certificate.
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 revocation of certificate.
Section 1336g, acts Feb. 16, 1933, ch. 88, § 7, 47 Stat. 812; June 24, 1936, ch. 754, § 8, 49 Stat. 1905; Sept. 26, 1950, ch. 1049, § 2(a)(1), 64 Stat. 1038, related to registration of small vessels propelled by machinery.
Section 1336h, acts Feb. 16, 1933, ch. 88, § 8, 47 Stat. 812; June 24, 1936, ch. 754, § 9, 49 Stat. 1906, related to registration of small vessels not propelled by machinery.
Section, act Feb. 16, 1933, ch. 88, § 9, 47 Stat. 812, related to small vessels carrying passengers.
Sections 1336j and 1336k were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1336j, act July 5, 1932, ch. 421, § 1, 47 Stat. 576, related to equipment on ocean-going vessels using ports of Canal Zone.
Section 1336k, act July 5, 1932, ch. 421, § 2, 47 Stat. 576, related to jurisdiction of violations.
Section, acts Dec. 12, 1941, ch. 569, 55 Stat. 798; Sept. 26, 1950, ch. 1049, § 2(a)(1), (b), 64 Stat. 1038, related to photographic regulations.
Sections 1337a to 1337c were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1337a, act June 19, 1934, ch. 667, § 16, as added Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to acquisition or construction of structures, equipment, and improvements.
Section 1337b, act June 19, 1934, ch. 667, § 17, as added Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to claims for losses of or damage to property.
Section 1337c, act June 19, 1934, ch. 667, § 18, as added Aug. 12, 1949, ch. 422, § 1, 63 Stat. 600, and amended Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to disaster relief.
Sections 1341 to 1344 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1341, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1004; Feb. 16, 1933, ch. 91, § 1, 47 Stat. 814, related to determination of towns in Canal Zone.
Section 1342, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, § 1, 47 Stat. 814, related to magistrate courts.
Section 1343, acts Aug. 24, 1912, ch. 390, § 7, 37 Stat. 564; Sept. 21, 1922, ch. 370, § 1, 42 Stat. 1004; Feb. 16, 1933, ch. 91, § 1, 47 Stat. 814, related to appeals from magistrate courts.
Section 1344, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 815, related to district courts generally.
Section, act Dec. 16, 1941, ch. 580, § 3, 55 Stat. 803, related to rules of criminal procedure.
Sections 1344a to 1355 were omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section 1344a, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 816, related to orders made when outside jurisdiction.
Section 1345, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 815, related to general jurisdiction of district court.
Section 1345a, act July 5, 1932, ch. 422, § 2, 47 Stat. 577, related to issuance of process.
Section 1346, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 47 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 815, related to jurisdiction of crimes committed on high seas.
Section 1347, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Dec. 29, 1926, ch. 19, § 1, 44 Stat. 924; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 816; Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038, related to juries and jury trials.
Section 1348, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 816, related to compensation of district judge.
Section 1349, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, 47 Stat. 816, related to clerk of district court.
Section 1350, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 815, related to appointment and compensation of special judge.
Section 1351, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 815; Sept. 26, 1950, ch. 1049, § 2(b), 64 Stat. 1038, related to district attorney.
Section 1352, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 2, 42 Stat. 1005; Feb. 16, 1933, ch. 91, § 2, 47 Stat. 817, related to marshal.
Section 1353, acts Aug. 24, 1912, ch. 390, § 8, 37 Stat. 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. 817; Mar. 26, 1938, ch. 51, § 1, 52 Stat. 118; July 1, 1944, ch. 366, 58 Stat. 676; June 25, 1948, ch. 646, § 31, 67 Stat. 991, related to appointment of district judge, district attorney, and marshal.
Section 1354, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to transfer of causes to new courts.
Section 1355, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to continuance of laws defining clerks’ duties.
Section, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006; Feb. 16, 1933, ch. 91, § 3, 47 Stat. 817, related to appeals from district courts. See sections 1291, 1292, and 1294 of Title 28, Judiciary and Judicial Procedure.
Repeal effective
Section 1357, acts Aug. 24, 1912, ch. 390, § 9, 37 Stat. 565; Sept. 21, 1922, ch. 370, § 3, 42 Stat. 1006, related to blending of law and equity jurisdiction.
Section 1358, act June 28, 1906, ch. 3585, 34 Stat. 552, related to acknowledgment of deeds and was omitted as not of general application, and as covered by the Canal Zone Code. The Canal Zone Code was subsequently redesignated the Panama Canal Code by Pub. L. 96–70, § 3303(b), and repealed by Pub. L. 104–201, § 3549.
Section, act June 29, 1948, ch. 706, § 1, 62 Stat. 1075, related to purpose of organization of Panama Railroad Company.
Section 1361a, acts June 29, 1948, ch. 706, § 2, 62 Stat. 1076; Sept. 26, 1950, ch. 1049, § 5, 64 Stat. 1041, related to the creation of the Panama Railroad Company.
Section 1361b, acts June 29, 1948, ch. 706, § 2, 62 Stat. 1076; Sept. 26, 1950, ch. 1049, § 6, 64 Stat. 1041, related to investment of the United States.
Section 1361c, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to Board of Directors of corporation.
Section 1361d, acts June 29, 1948, ch. 706, § 2, 62 Stat. 1076; Sept. 26, 1950, ch. 1049, § 8, 64 Stat. 1041, related to general powers of corporation.
Section 1361e, acts June 29, 1948, ch. 706, § 2, 62 Stat. 1076; Sept. 26, 1950, ch. 1049, § 9, 64 Stat. 1049, related to specific powers of corporation.
Section 1361f, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to applicability of laws.
Section 1361g, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to transfer of assets and liabilities of corporation.
Section 1361h, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to reimbursement of other agencies.
Section 1361i, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to payment of excess funds into treasury.
Section 1361j, act June 29, 1948, ch. 706, § 2, 62 Stat. 1076, related to emergency fund.
Section 1361k, act June 29, 1948, ch. 706, § 2, as added Sept. 26, 1950, ch. 1049, § 10, 64 Stat. 1042, related to authorizations of appropriations to cover losses.
Section 1361l, act June 29, 1948, ch. 706, § 2, as added Sept. 26, 1950, ch. 1049, § 10, 64 Stat. 1042, related to authorization for transfer of canal to corporation.
Section 1371, act Mar. 2, 1931, ch. 375, § 1, 46 Stat. 1471, related to employees entitled to retirement privileges.
Section 1371a, acts Mar. 2, 1931, ch. 375, § 2, 46 Stat. 1471; June 19, 1934, ch. 667, § 1, 48 Stat. 1122; July 29, 1942, ch. 536, § 1, 56 Stat. 726, related to automatic separation.
Section 1371b, acts Mar. 2, 1931, ch. 375, § 3, 46 Stat. 1472; July 2, 1945, ch. 220, 59 Stat. 212, related to voluntary retirement.
Repeal effective
Sections were also repealed by Pub. L. 89–554, § 8(a),
Section, act June 16, 1933, ch. 101, § 8(b), 48 Stat. 306, related to involuntary separation retirement benefits.
Section 1371c, acts Mar. 2, 1931, ch. 375, § 4, 46 Stat. 1472; Ex. Ord. No. 6670
Section 1371d, act July 29, 1942, ch. 536, § 2, 56 Stat. 727, related to annuity on separations from service.
Section 1371e, acts Mar. 2, 1931, ch. 375, § 6, 46 Stat. 1474; Aug. 10, 1939, ch. 660, 53 Stat. 1347; Dec. 16, 1941, ch. 584, § 1, 55 Stat. 805; July 29, 1942, ch. 536, § 3, 56 Stat. 727, related to method of computing annuities.
Section 1371f, acts Mar. 2, 1931, ch. 375, § 7, 46 Stat. 1476; Oct. 14, 1940, ch. 859, § 2, 54 Stat. 1117, related to computation of accredited service.
Section 1371g, acts Mar. 2, 1931, ch. 375, § 8, 46 Stat. 1476; Ex. Ord. No. 6670,
Section 1371h, acts Mar. 2, 1931, ch. 375, § 9, 46 Stat. 1477; Ex. Ord. No. 6670,
Section 1371i, act Mar. 2, 1931, ch. 375, § 10, 46 Stat. 1477, related to investments and accounts.
Section 1371j, acts Mar. 2, 1931, ch. 375, § 11, 46 Stat. 1477; Ex. Ord. No. 6670,
Section 1371k, acts Mar. 2, 1931, ch. 375, § 12, 46 Stat. 1478; Ex. Ord. No. 6670,
Section 1371l, acts Mar. 2, 1931, ch. 375, § 13, 46 Stat. 1479; Aug. 10, 1937, ch. 573, 50 Stat. 619, related to benefits for those already retired.
Section 1371m, acts Mar. 2, 1931, ch. 375, § 14, 46 Stat. 1479; Ex. Ord. No. 6670,
Section 1371n, acts July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Mar. 2, 1931, ch. 375, § 15, 46 Stat. 1479; Ex. Ord. No. 6670, eff.
Section 1371o, act Mar. 2, 1931, ch. 375, § 16, 46 Stat. 1480, related to exemption from execution.
Section 1371p, acts July 3, 1930, ch. 863, § 2, 46 Stat. 1016; Mar. 2, 1931, ch. 375, § 17, 46 Stat. 1480; Ex. Ord. No. 6670, eff.
Repeal effective
Sections were also repealed by Pub. L. 89–554, § 8(a),
Section, acts July 8, 1937, ch. 443, § 1, 50 Stat. 478; Sept. 26, 1950, ch. 1049, § 2(a), (b), 64 Stat. 1038, related to relief of employee not entitled to retirement benefits.
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 to recognition of personnel engaged in construction of the canal.
Section 1373a, acts May 29, 1944, ch. 214, § 2, 58 Stat. 258; Aug. 7, 1946, ch. 774, 60 Stat. 873; Sept. 26, 1950, ch. 1049, § 2(a)(1), (2), 64 Stat. 1038, related to annuity privilege of personnel described in section 1373 of this title.
Section 1373b, act May 29, 1944, ch. 214, § 3, 58 Stat. 258, related to payment of annuities of personnel described in section 1373 of this title.
Section 1373c, act May 29, 1944, ch. 214, § 4, 58 Stat. 258, related to duration of annuities of personnel described in section 1373 of this title.
Section 1373d, acts May 29, 1944, ch. 214, § 5, 58 Stat. 259; June 19, 1948, ch. 527, § 1, 62 Stat. 497; Sept. 26, 1950, ch. 1049, § 2(a)(1), (2), 64 Stat. 1038, related to election between annuity or other compensation of personnel described in section 1373 of this title.
Section 1373e, act May 29, 1944, ch. 214, § 6, 58 Stat. 259, related to administrative provisions for carrying out sections 1373 to 1373g of this title.
Section 1373f, act May 29, 1944, ch. 214, § 7, 58 Stat. 259, related to exemption from execution, lien, or other legal process of moneys or annuities under sections 1373 to 1373g of this title.
Section 1373g, act May 29, 1944, ch. 214, § 8, 58 Stat. 269, related to annual estimates of annuity appropriations under sections 1373 to 1373g of this title.
Section 1374, acts July 24, 1947, ch. 308, § 1, 61 Stat. 415; Sept. 26, 1950, ch. 1949, § 2(a)(2), 64 Stat. 1038, related to retirement of certain Panama Canal Railroad Company employees.
Section 1374a, acts July 24, 1947, ch. 308, § 2, 61 Stat. 415; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to transfer of pension fund assets of Panama Canal Railroad Company.
Section 1374b, acts July 24, 1947, ch. 308, § 3, 61 Stat. 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to Panama Canal Railroad Company employees’ accounts in civil service fund.
Section 1374c, acts July 24, 1947, ch. 308, § 4, 61 Stat. 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to redeposit of Panama Canal Railroad Company contribution funds.
Section 1374d, acts July 24, 1947, ch. 308, § 5, 61 Stat. 416; Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038, related to certain Panama Canal Railroad Company employee annuities.
Section 1381, act July 2, 1940, ch. 516, § 1, 54 Stat. 724, related to setting aside Barro Colorado Island in Gatun Lake for scientific observation, and was transferred to section 79 of Title 20, Education.
Section 1382, act July 2, 1940, ch. 516, § 2, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff.
Section, act July 2, 1940, ch. 516, § 3, 54 Stat. 724, provided for appointment and compensation of Board of Directors of Canal Zone Biological Area.
Section 1384, act July 2, 1940, ch. 516, § 4, 54 Stat. 724; 1946 Reorg. Plan No. 3, § 801, eff.
Section 1385, act July 2, 1940, ch. 516, § 5, 54 Stat. 725; 1946 Reorg. Plan No. 3, § 801, eff.
Section 1386, act July 2, 1940, ch. 516, § 6, 54 Stat. 725; 1946 Reorg. Plan No. 3, § 801, eff.
Section 1387, act July 2, 1940, ch. 516, § 7, 54 Stat. 725, related to authorization of appropriations, and was transferred to section 79e of Title 20.
A new organic act, or basic charter of civil government, for the people of the Virgin Islands of the United States, was passed in 1954. Act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, is set out as section 1541 et seq. of this title. Section 8(c) of the Revised Organic Act, set out as section 1574(c) of this title, provides that laws of the United States, set out generally in this chapter, as well as local laws and ordinances, including provisions of the Organic Act of the Virgin Islands of the United States, act June 22, 1936, ch. 699, 49 Stat. 1807, section 1405 et seq. of this title, in force on
For additional provisions, constituting a revision of the Organic Act of the Virgin Islands of the United States, see section 1541 et seq. of this title.
Provisions respecting representation in Congress by a Delegate from Virgin Islands to the House of Representatives, see section 1711 et seq. of this title.
Section, act Mar. 3, 1917, ch. 171, § 1, 39 Stat. 1132, provided for appointment and pay of Governor of Virgin Islands and other employees.
Until Congress shall otherwise provide, insofar as compatible with the changed sovereignty and not in conflict with the provisions of this section and sections 1391 1
Section 1391 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a),
1948—Act
Amendment by act
Section, acts May 24, 1940, ch. 209, § 3, 54 Stat. 220; July 31, 1946, ch. 704, § 1, 60 Stat. 716; June 25, 1948, ch. 646, § 30, 62 Stat. 991, related to salary of judge of District Court.
Section was formerly classified to section 5a of Title 28 prior to the general revision and enactment of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, § 1, 62 Stat. 869.
Section, act July 1, 1932, ch. 370, § 2, 47 Stat. 565, vested in District Court of Virgin Islands jurisdiction of prosecutions for violations of section 1399 of this title, relating to obstruction of navigable waters.
Section, act July 12, 1921, ch. 44, § 1, 42 Stat. 123, declared as ineligible to hold office as a member of colonial councils of Virgin Islands or any other public office under Virgin Islands government, anyone owing allegiance to any country other than United States.
There shall be levied, collected, and paid upon all articles coming into the United States or its possessions from the Virgin Islands the rates of duty and internal-revenue taxes which are required to be levied, collected, and paid upon like articles imported from foreign countries: Provided, That all articles, the growth or product of, or manufactured in, such islands, from materials the growth or product of such islands or of the United States, or of both, or which do not contain foreign materials to the value of more than 20 per centum of their total value, upon which no drawback of customs duties has been allowed therein, coming into the United States from such islands shall be admitted free of duty. In determining whether such a Virgin Islands article contains foreign material to the value of more than 20 per centum, no material shall be considered foreign which, at the time the Virgin Islands article is entered, or withdrawn from warehouse, for consumption, may be imported into the continental United States free of duty generally.
1950—Act
Until Congress shall otherwise provide all laws now imposing taxes in the said West Indian Islands, including the customs laws and regulations, shall, insofar as compatible with the changed sovereignty and not otherwise herein provided, continue in force and effect, except that articles the growth, product, or manufacture of the United States shall be admitted there free of duty: Provided, That upon exportation of sugar to any foreign country, or the shipment thereof to the United States or any of its possessions, there shall be levied, collected, and paid thereon an export duty of $6 per ton of two thousand pounds, irrespective of polariscope test, in lieu of any export tax now required by law: Provided further, That the internal revenue taxes levied by the Colonial Council of Saint Croix, or by the Colonial Council of Saint Thomas and Saint John, in pursuance of the authority granted by this section and sections 1391,1
Section 1391 of this title, referred to in text, was repealed by Pub. L. 89–554, § 8(a),
1932—Act
1927—Act
The duties and taxes collected in pursuance of sections 1394 and 1395 of this title shall not be covered into the general fund of the Treasury of the United States, but shall be used and expended for the government and benefit of the Virgin Islands, under such rules and regulations as the President may prescribe.
The income-tax laws in force in the United States of America and those which may hereafter be enacted shall be held to be likewise in force in the Virgin Islands of the United States, except that the proceeds of such taxes shall be paid into the treasuries of said islands: Provided further, That, notwithstanding any other provision of law, the Legislature of the Virgin Islands is authorized to levy a surtax on all taxpayers in an amount not to exceed 10 per centum of their annual income tax obligation to the government of the Virgin Islands.
The income-tax laws in force in the United States of America, referred to in text, are classified to Title 26, Internal Revenue Code.
Section is from act
1976—Pub. L. 94–392 inserted proviso authorizing Legislature of Virgin Islands to levy a surtax, not to exceed 10 per centum, on annual income tax obligation of all taxpayers.
Pub. L. 92–178, title III, § 307,
Section, act July 1, 1922, ch. 259, 42 Stat. 788, which related to quarantine and passport fees, was from the Navy Department and Naval Service Appropriation Act, 1923, was not repeated in subsequent years. See section 1642 of this title.
Section, acts July 3, 1930, ch. 847, § 8, 46 Stat. 948; July 1, 1932, ch. 370, § 1, 47 Stat. 565, made applicable to the Virgin Islands and the navigable waters thereof, certain provisions of Title 33, Navigation and Navigable Waters, relating to obstruction of navigable waters.
Section, act May 20, 1932, ch. 194, 47 Stat. 160, related to extension of admiralty laws of the United States to Virgin Islands.
Repeal effective on ninetieth day following
Section 1401, act May 26, 1936, ch. 450, § 1, 49 Stat. 1372, set out the policy of Congress to equalize taxes on real property in the Virgin Islands.
Section 1401a, act May 26, 1936, ch. 450, § 2, 49 Stat. 1372, related to valuation of real property for assessment and uniformity of rates.
Section 1401b, act May 26, 1936, ch. 450, § 3, 49 Stat. 1372, related to rate of tax in absence of local laws and regulations by President for assessment and collection pending adoption of local laws.
Section 1401c, act May 26, 1936, ch. 450, § 4, 49 Stat. 1372, provided that taxes were to be deposited in the municipal treasury of the municipality in which collected.
Section 1401d, acts May 26, 1936, ch. 450, § 5, 49 Stat. 1372; June 30, 1949, ch. 285, § 12, 63 Stat. 356, related to payments to be made by the Virgin Islands Corporation into municipal treasuries of the Virgin Islands in lieu of certain taxes, valuation of real property in the Virgin Islands owned by the Virgin Islands Corporation as a basis for determining the amount of taxation, and payment to be made for any property owned by the United States in the Virgin Islands used for ordinary business or commercial purposes.
Section 1401e, act May 26, 1936, ch. 450, § 6, 49 Stat. 1373, related to exemptions from taxation and authority of municipalities to alter, amend, or repeal existing laws.
Pub. L. 110–40, § 1(b),
Section, act
June 13, 1956, ch. 380, title I, 70 Stat. 264.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 457.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.
Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694.
Title III of the National Prohibition Act, as amended, and all provisions of the internal revenue laws relating to the enforcement thereof, are extended to and made applicable to the Virgin Islands, from and after
The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305. Title III of such Act was classified principally to chapter 3 (§ 71 et seq.) of Title 27, Intoxicating Liquors, and was omitted from the Code in view of the incorporation of such provisions in the Internal Revenue Code of 1939, and subsequently into the Internal Revenue Code of 1986.
Provisions similar to those comprising this section relating to Puerto Rico are classified to section 734a of this title.
To construct, improve, extend, better, repair, reconstruct, acquire, and operate any and all types of public works which shall include, but not be limited to, streets, bridges, wharves, and harbor facilities, sewers and sewage-disposal plants, municipal buildings, schools, libraries, gymnasia and athletic fields, fire houses, electric distribution systems or other work pertaining to electric systems, and other public utilities, including those owned or operated by the Saint Thomas Power Authority, or to clear slums, accomplish urban redevelopment or provide low-rent housing, negotiable general obligation bonds and other obligations may be issued by the government of the Virgin Islands or any municipality thereof: Provided, That no public indebtedness of any municipality thereof shall be incurred in excess of 10 per centum of the aggregate assessed valuation of the taxable real property in such municipality and that no public indebtedness of the government of the Virgin Islands shall be incurred in excess of 10 per centum of the aggregate assessed valuation of the taxable real property in the islands. Bonds issued pursuant to sections 1403 to 1403b of this title shall bear such date or dates, may be in such denominations, may mature in such amounts and at such time or times, not exceeding thirty years from the date thereof, may be payable at such place or places, may be sold at either public or private sale, may be redeemable (either with or without premium) or nonredeemable, may carry such registration privileges as to either principal and interest, or principal only, and may be executed by such officers and in such manner, as shall be prescribed by the government of the Virgin Islands or of the municipality issuing the bonds. In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds, such signature, whether manual or facsimile, shall, nevertheless, be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. The bonds so issued shall bear interest at a rate not to exceed 4 per centum per annum, payable semiannually. All such bonds shall be sold for not less than the principal amount thereof plus accrued interest. All bonds issued by the government of the Virgin Islands or any municipality thereof, including specifically interest thereon, shall be exempt from taxation by the Government of the United States, or by the government of the Virgin Islands or any political subdivision thereof, or by any State, Territory, or possession or by any political subdivision of any State, Territory, or possession, or by the District of Columbia: Provided further, That the government of the Virgin Islands and any municipality thereof shall be obliged to levy and collect sufficient taxes for servicing any of the outstanding bonds, even if such taxation is required at a rate in excess of or in addition to the tax or tax rate of 1.25 per centum of the assessed value which is provided for in section 1401b 1
Section 1401b of this title, referred to in text, was repealed by Pub. L. 110–40, § 1(a),
The proceeds of the bond issues or other obligations herein authorized shall be expended only for the public improvements set forth in section 1403 of this title, or for the reduction of the debt created by such bond issue or obligation, unless otherwise authorized by the Congress.
Bonds or other obligations issued pursuant to sections 1403 to 1403b of this title shall not be a debt of the United States, nor shall the United States be liable thereon.
The provisions of this subchapter, and the name “the Virgin Islands” as used in this subchapter, shall apply to and include the territorial domain, lands and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into
Section 1405a, act June 22, 1936, ch. 699, § 2, 49 Stat. 1807, related to division of Virgin Islands into municipality of Saint Croix and municipality of Saint Thomas and Saint John.
Section 1405b, act June 22, 1936, ch. 699, § 3, 49 Stat. 1807, related to constituting into bodies politic and juridic of inhabitants of municipalities of Saint Croix and of Saint Thomas and Saint John.
All property which may have been acquired by the United States from Denmark in the Virgin Islands under the convention entered into
Except as otherwise expressly provided, all laws of the United States for the protection and improvement of the navigable waters of the United States shall apply to the Virgin Islands.
No Federal laws levying tonnage duties, light money, or entrance and clearance fees shall apply to the Virgin Islands.
The legislature of the Virgin Islands shall have power to enact navigation, boat inspection, and safety laws of local application; but the President shall have power to make applicable to the Virgin Islands such of the navigation, vessel inspection, and coastwise laws of the United States as he may find and declare to be necessary in the public interest, and, to the extent that the laws so made applicable conflict with any laws of local application enacted by the legislature, such laws enacted by the legislature shall have no force and effect.
Nothing in this subchapter shall be construed to affect or impair in any manner the terms and conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of the Virgin Islands by any authorized officer or agent of the United States.
1982—Subsec. (d). Pub. L. 97–357 substituted “legislature” for “Legislative Assembly” wherever appearing.
1951—Subsec. (f). Act
1939—Act
Pub. L. 101–640, title IV, § 406,
Ex. Ord. No. 9170, eff.
It is ordered that all of the navigation and vessel inspection laws of the United States be, and they are hereby, made applicable to the Virgin Islands of the United States, with the following exceptions:
(1) The coastwise laws of the United States.
(2) The act of Congress approved
(3) So much of the vessel inspection laws of the United States as requires the inspection as a passenger vessel of any cargo vessel, foreign or domestic, when carrying more than twelve passengers or persons in addition to the crew.
(4) Federal laws levying tonnage duties, light money, or entrance and clearance fees.
Section 1405d, act June 22, 1936, ch. 699, § 5, 49 Stat. 1808, related to composition, election, and legislative powers of Municipal Council of Saint Croix.
Section 1405e, act June 22, 1936, ch. 699, § 6, 49 Stat. 1808, related to composition, election, and legislative powers of Municipal Council of Saint Thomas and Saint John.
Section 1405f, act June 22, 1936, ch. 699, § 7, 49 Stat. 1808, related to composition, meetings, and powers of two municipal councils to be known as the Legislative Assembly of the Virgin Islands.
Section 1405g, act June 22, 1936, ch. 699, § 8, 49 Stat. 1809, related to time of holding elections.
Section 1405h, act June 22, 1936, ch. 699, § 9, 49 Stat. 1809, related to eligibility for membership in municipal councils.
Section 1405i, act June 22, 1936, ch. 699, § 10, 49 Stat. 1809, related to compensation and travel expenses of municipal council members.
Section 1405j, act June 22, 1936, ch. 699, § 11, 49 Stat. 1809, related to powers of municipal councils, exemption of members from liability for debate in council, and privilege from arrest.
Section 1405k, act June 22, 1936, ch. 699, § 12, 49 Stat. 1809, related to appointment by each municipal council of members to serve on Municipal Committee and powers of Municipal Committee.
Section 1405l, act June 22, 1936, ch. 699, § 13, 49 Stat. 1810, related to time and place of meetings of each municipal council.
Section 1405m, act June 22, 1936, ch. 699, § 14, 49 Stat. 1810, related to introduction of bills in municipal councils by Governor, submission to councils of a budget of estimated receipts and expenditures, and submission of reports.
Section 1405n, act June 22, 1936, ch. 699, § 15, 49 Stat. 1810, related to quorum of councils, vote on adoption of bills, and a journal of proceedings.
Section 1405o, act June 22, 1936, ch. 699, § 16, 49 Stat. 1810, related to acts of councils and assembly, approval or veto thereof by Governor, submission of repassed vetoed bills to the President, annulment of acts by Congress, and authorization of appropriations.
Section 1405p, act June 22, 1936, ch. 699, § 17, 49 Stat. 1811, related to vesting of voting franchise in residents of the Virgin Islands who are citizens of the United States and prescription by legislative assembly of additional qualifications.
The laws of the United States applicable to the Virgin Islands on
The laws of the United States relating to patents, trade marks, and copyrights, referred to in text, are classified generally to Title 35, Patents, chapter 22 (§ 1051 et seq.) of Title 15, Commerce and Trade, and Title 17, Copyrights.
Section, act June 22, 1936, ch. 699, § 19, 49 Stat. 1811, related to scope of legislative power of Virgin Islands and prohibition of tax discrimination against property of nonresidents.
Section 1405s, acts June 22, 1936, ch. 699, § 20, 49 Stat. 1812; Dec. 26, 1941, ch. 637, 55 Stat. 872, related to executive branch of Government, and to appointment, powers and duties of Governor.
Section 1405s–1, act Oct. 15, 1949, ch. 695, § 5(a), 63 Stat. 880, prescribed compensation of Governor.
This section was not enacted as part of the Organic Act of the Virgin Islands of the United States which comprises this subchapter.
Section 1405t, act June 22, 1936, ch. 699, § 21, 49 Stat. 1812, related to appointment, powers and duties of Government Secretary.
Section 1405u, act June 22, 1936, ch. 699, § 22, 49 Stat. 1812, related to appointment of an Administrator for Saint Croix to act for Governor.
Section 1405v, act June 22, 1936, ch. 699, § 23, 49 Stat. 1813, related to appointment of such other executive and administrative officers as may be required in discretion of Secretary of the Interior.
Section 1405w, act June 22, 1936, ch. 699, § 24, 49 Stat. 1813, related to appointment of all salaried officers and employees of municipal governments by Governor with advice and consent of municipal council having jurisdiction.
Section, act July 3, 1945, ch. 262, § 1, 59 Stat. 359, which related to appointment of an executive assistant to Governor and legal counsel, was superseded by section 1591 of this title. Section was not enacted as part of the Organic Act of the Virgin Islands of the United States which comprises this subchapter.
Section, act June 22, 1936, ch. 699, § 25, 49 Stat. 1813, related to vesting of judicial power in District Court of Virgin Islands, organization and conduct of a Superior Court, and appeals from Superior Court.
Section, acts June 22, 1936, ch. 699, § 26, 49 Stat. 1813; 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, related to appointment of a judge of district court, a special judge, district attorney, and court officers.
Section 1405z, act June 22, 1936, ch. 699, § 27, 49 Stat. 1813, related to two divisions of District Court of Virgin Islands, terms of court, rules of practice, and process.
Section 1406, act June 22, 1936, ch. 699, § 28, 49 Stat. 1814, related to jurisdiction of district court generally.
Section 1406a, act June 22, 1936, ch. 699, § 29, 49 Stat. 1814, related to jurisdiction of district court over crimes committed on the high seas.
Section 1406b, act June 22, 1936, ch. 699, § 30, 49 Stat. 1814, related to appeals from District Court of Virgin Islands.
Section 1406c, act June 22, 1936, ch. 699, § 31, 49 Stat. 1814, related to jury trials in criminal cases.
Section 1406d, act June 22, 1936, ch. 699, § 32, 49 Stat. 1814, related to jurisdiction of inferior courts.
Section 1406e, act June 22, 1936, ch. 699, § 33, 49 Stat. 1815, related to appeals from inferior courts to district court.
All judicial process shall run in the name of “United States of America, scilicet, the President of the United States”, and all penal or criminal prosecutions in the local courts shall be conducted in the name of and by authority of “the People of the Virgin Islands of the United States.”
Section, act June 22, 1936, ch. 699, § 34, 49 Stat. 1815, related to bill of rights of Virgin Islands.
All taxes, duties, fees, and public revenues collected in the municipality of Saint Croix shall be covered into the treasury of the Virgin Islands and held in account for said municipality and all taxes, duties, fees, and public revenues collected in the municipality of Saint Thomas and Saint John shall be covered into said treasury of the Virgin Islands and held in account for said municipality: Provided, That the proceeds of customs duties, less the cost of collection, and the proceeds of the United States income tax, and the proceeds of any taxes levied by the Congress on the inhabitants of the Virgin Islands, and all quarantine, passport, immigration, and naturalization fees collected in the Virgin Islands shall be covered into the treasury of the Virgin Islands and held in account for the respective municipalities, and shall be expended for the benefit and government of said municipalities in accordance with the annual municipal budgets. The Municipal Council of Saint Croix may make appropriations for the purposes of said municipality from, and to be paid out of, the funds credited to its account in the treasury of the Virgin Islands; and the Municipal Council of Saint Thomas and Saint John may make appropriations for the purposes of said municipality from, and to be paid out of, the funds credited to its account in said treasury.
Taxes and assessments on property and incomes, internal-revenue taxes, license fees, and service fees may be imposed and collected, and royalties for franchises, privileges, and concessions granted may be collected for the purposes of the Government of the Virgin Islands as may be provided and defined by the municipal councils herein established: Provided, That all money hereafter derived from any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury of the Virgin Islands and paid out for such purpose only, except when otherwise authorized by the legislative authority having jurisdiction after the purpose for which such fund was created has been accomplished. Until Congress shall otherwise provide, all laws concerning import duties and customs in the municipality of Saint Thomas and Saint John now in effect shall be in force and effect in and for the Virgin Islands: Provided, That the Secretary of the Treasury shall designate the several ports and sub-ports of entry in the Virgin Islands of the United States and shall make such rules and regulations and appoint such officers and employees as he may deem necessary for the administration of the customs laws in the Virgin Islands of the United States; and he shall fix the compensation of all such officers and employees and provide for the payment of such compensations and other expenses of the collection of duties, fees, and taxes imposed under the customs laws from the receipts thereof. The export duties in effect on
Section, act June 22, 1936, ch. 699, § 38, 49 Stat. 1817, provided for citizenship of officials and for oath of office.
Section, act June 22, 1936, ch. 699, § 39, 49 Stat. 1817, related to jurisdiction of Secretary of the Interior and Attorney General.
This subchapter shall take effect
This subchapter may be cited as the Organic Act of the Virgin Islands of the United States.
Section 1407, act June 30, 1949, ch. 285, § 1, 63 Stat. 350, related to creation of Virgin Islands Corporation under direction of the President of the United States or his representative for promotion of economic development of Virgin Islands.
Section 1407a, act June 30, 1949, ch. 285, § 2, 63 Stat. 351, related to principal offices of Corporation for venue purposes and establishment of branch offices.
Section 1407b, act June 30, 1949, ch. 285, § 3, 63 Stat. 351, set forth authorized activities of Corporation.
Section 1407c, acts June 30, 1949, ch. 285, § 4, 63 Stat. 352;
Section 1407d, act June 30, 1949, ch. 285, § 5, 63 Stat. 353, related to utilization of other Federal agencies and instrumentalities.
Section 1407e, acts June 30, 1949, ch. 285, § 6, 63 Stat. 353;
Section 1407f, act June 30, 1949, ch. 285, § 7, 63 Stat. 353; 1970 Reorg. Plan No. 2, § 102, eff.
Section 1407g, acts June 30, 1949, ch. 285, § 8, 63 Stat. 354;
Section 1407h, acts June 30, 1949, ch. 285, § 9, 63 Stat. 354;
Section 1407i, act June 30, 1949, ch. 285, § 10, 63 Stat. 355; 1970 Reorg. Plan No. 2, § 102, eff.
Act June 30, 1949, ch. 285, § 14, 63 Stat. 356, which provided that act June 30, 1949, ch. 285 [see Short Title note below] become effective
Act June 30, 1949, ch. 285, § 15, 63 Stat. 356, provided that act
Pub. L. 97–357, title III, § 308(e),
Pub. L. 85–913, § 7,
Act June 30, 1949, ch. 285, § 11, 63 Stat. 355, authorized the Secretary of the Interior, the Under Secretary of the Interior, and the Governor of the Virgin Islands, as the stockholders of the Virgin Islands Company, a corporation created by ordinance of the Colonial Council for Saint Thomas and Saint John, Virgin Islands of the United States, to take such steps as may be appropriate to dissolve the Virgin Islands Company, prior to repeal by Pub. L. 97–357, title III, § 308(e),
The government of the Virgin Islands, through its legislative assembly, may grant to a public corporate authority existing or to be created through said assembly, exclusive authority to undertake slum clearance, urban redevelopment, urban renewal, and low-rent housing activities within the municipalities of the Virgin Islands. The legislative assembly may provide for the appointment and terms of office of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Government may make available under the Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended [42 U.S.C. 1441 et seq.], or any other law, for projects contemplated by this Act, as amended, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the people of the Virgin Islands for any loan whatever.
The Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 1441 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted this subchapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
1955—Act
Act Aug. 11, 1955, ch. 783, title I, § 107(4), 69 Stat. 638, amended the heading of title III of the Territorial Enabling Act of 1950, this subchapter, to insert the words “urban renewal” in order to make financial assistance available for urban renewal projects.
The legislative assembly may authorize such authority, any provision of the Virgin Islands Organic Act [48 U.S.C. 1405 et seq.] or any other Act of Congress to the contrary notwithstanding, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislative assembly may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of the Virgin Islands or of any municipality or subdivision thereof, other than such authority, nor constitute “bonds and other obligations” within the meaning of sections 1403 to 1403b of this title, or a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to the Virgin Islands or to any municipal corporation or other political subdivision or agency thereof.
The Virgin Islands Organic Act, referred to in text, probably means the Organic Act of the Virgin Islands of the United States, act June 22, 1936, ch. 699, 49 Stat. 1807, which is classified generally to subchapter II (§ 1405 et seq.) of this chapter. For complete classification of this Act to the Code, see section 1406m of this title and Tables.
The government of the Virgin Islands, through its legislative assembly, may assist such authority with cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may authorize municipalities and other subdivisions to make cash donations, loans, conveyances of real and personal property to such authority, and to take other action, including but not limited to, the making available or the furnishing of facilities and services, in aid of slum clearance, urban redevelopment, urban renewal, or low-rent housing projects.
1955—Act
Notwithstanding the limitation contained in the last sentence of section 110(d) [42 U.S.C. 1460(d)] or in any other provision of title I [42 U.S.C. 1450 et seq.] of the Housing Act of 1949 (Public Law 171, Eighty-first Congress), as amended, the Secretary of Housing and Urban Development is authorized to allow and credit to such authority as may be created for the Virgin Islands under this Act, as amended, (1) such local grants-in-aid as are otherwise approvable pursuant to the first sentence of said section 110(d) with respect to any slum clearance and urban redevelopment or urban renewal project or projects undertaken by such authority with Federal assistance made available under title I of the Housing Act of 1949, as amended, and (2) such grants-in-aid made or assistance given to the local community by any Federal department or agency pursuant to authority of law other than the Housing Act of 1949 [42 U.S.C. 1441 et seq.] which would, if made or given by a State or local community, be approvable pursuant to said first sentence of section 110(d) with respect to any such project or projects so undertaken.
The Housing Act of 1949, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 1441 et seq.) of Title 42, The Public Health and Welfare. Title I of the Housing Act of 1949 (Public Law 171, Eighty-first Congress) was classified generally to subchapter II (§ 1450 et seq.) of chapter 8A of Title 42, and was omitted from the Code pursuant to section 5316 of Title 42 which terminated the authority to make grants or loans under such title I after
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted this subchapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
1967—Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Housing and Home Finance Administrators.”
1955—Act
All legislation heretofore enacted by the legislative assembly of the Virgin Islands dealing with any part of the subject matter of this Act and not inconsistent herewith is ratified and confirmed.
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted this subchapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
Powers granted in this Act shall be in addition to and not in derogation of any powers granted by other law to or for the benefit or assistance of any public corporate authority or municipality.
This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted this subchapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classification of this Act to the Code, see Tables.
Section 1409, acts Dec. 20, 1944, ch. 615, § 1, 58 Stat. 827; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409a, act Dec. 20, 1944, ch. 615, § 2, 58 Stat. 828, related to availability of funds for studies, plans, etc., for projects authorized.
Section 1409b, acts Dec. 20, 1944, ch. 615, § 3, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409c, acts Dec. 20, 1944, ch. 615, § 4, 58 Stat. 829; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409d, act Dec. 20, 1944, ch. 615, § 5, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409e, acts Dec. 20, 1944, ch. 615, § 6, 58 Stat. 829; June 30, 1949, ch. 288, title I, § 102, 63 Stat. 380; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409f, act Dec. 20, 1944, ch. 615, § 7, 58 Stat. 829, made inapplicable to projects authorized the provisions of section 5 of former title 41, relating to advertising for bids in purchase of materials and services, where aggregate amount is less than $500.
Section 1409g, act Dec. 20, 1944, ch. 615, § 8, 58 Stat. 829, related to disability and death benefits for certain employees receiving compensation from funds appropriated under this subchapter, subject to certain exceptions.
Section 1409h, act Dec. 20, 1944, ch. 615, § 9, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409i, act Dec. 20, 1944, ch. 615, § 10, 58 Stat. 830; 1950 Reorg. Plan No. 15, § 1, eff.
Section 1409j, act Dec. 20, 1944, ch. 615, § 11, 58 Stat. 830; 1950 Reorg. Plan No. 15, § 1, eff.
Act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 275, provided in part that the estimated project costs specified in this subchapter not constitute limitations on amounts that could be expended for such projects.
Similar provisions were contained in acts July 9, 1952, ch. 597, title I, § 101, 66 Stat. 459; Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 264.
Section 1409m, act Oct. 29, 1951, ch. 603, § 1, 65 Stat. 661, related to establishment and maintenance of an agricultural research and extension service program.
Section 1409n, act Oct. 29, 1951, ch. 603, § 2, 65 Stat. 662, related to transfer of functions, property, etc., of the agricultural experiment stations in Virgin Islands from Secretary of the Interior to Secretary of Agriculture.
Section 1409o, act Oct. 29, 1951, ch. 603, § 3, 65 Stat. 662, related to authorization of appropriations and use of funds.
Whenever any citizen of the United States discovers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States.
R.S. § 5570 derived from act Aug. 18, 1856, ch. 164, § 1, 11 Stat. 119.
The discoverer shall, as soon as practicable, give notice verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States.
R.S. § 5571 derived from act Aug. 18, 1856, ch. 164, § 1, 11 Stat. 119.
If the discoverer dies before perfecting proof of discovery or fully complying with the provisions of section 1412 of this title, his widow, heir, executor, or administrator shall be entitled to the benefits of such discovery, upon complying with the provisions of this chapter. Nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer recognized prior to
R.S. § 5572 derived from act Apr. 2, 1872, ch. 81, § 1, 17 Stat. 48.
The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such island, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship’s tackle, a sum not exceeding $8 per ton for the best quality, or $4 for every ton taken while in its native place of deposit.
R.S. § 5573 derived from act Aug. 18, 1856, ch. 164, § 2, 11 Stat. 119.
No guano shall be taken from any island, rock, or key mentioned in section 1411 of this title, except for the use of the citizens of the United States or of persons resident therein. The discoverer, or his widow, heir, executor, administrator, or assigns, shall enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this chapter.
R.S. § 5574 derived from acts Aug. 18, 1856, ch. 164, § 2, 11 Stat. 119; July 28, 1866, ch. 298, § 3, 14 Stat. 328; Apr. 2, 1872, ch. 81, § 1, 17 Stat. 48.
An additional provision of R.S. § 5574 suspending this section for 5 years from and after
The introduction of guano from such islands, rocks, or keys shall be regulated as in the coasting trade between different parts of the United States, and the same laws shall govern the vessels concerned therein.
R.S. § 5575 derived from act Aug. 18, 1856, ch. 164, § 3, 11 Stat. 120.
All acts done, and offenses or crimes committed, on any island, rock, or key mentioned in section 1411 of this title, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys.
R.S. § 5576 derived from act Aug. 18, 1856, ch. 164, § 6, 11 Stat. 120.
The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns.
R.S. § 5577 derived from act Aug. 18, 1856, ch. 164, § 5, 11 Stat. 120.
Nothing in this chapter contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same.
R.S. § 5578 derived from act Aug. 18, 1856, ch. 164, § 4, 11 Stat. 120.
Authorization for the peoples of the Virgin Islands and Guam to call constitutional conventions to draft constitutions for local self-government, see Pub. L. 94–584,
Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title.
The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris,
Section 34 of act
Pub. L. 107–212, § 1,
Pub. L. 105–291, § 1,
Pub. L. 90–601, § 1,
Pub. L. 90–497, § 14,
Act Aug. 1, 1950, ch. 512, § 1, 64 Stat. 384, provided that:
In event of political union between Guam and the Commonwealth of the Northern Mariana Islands, there shall be no diminution of rights or entitlements, nor any adverse effects on any funds authorized or appropriated, see section 1844 of this title.
Pub. L. 95–348, § 1(a)(6),
Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.
Ex. Ord. No. 10077, eff.
1. The administration of the Island of Guam is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on
2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the Island of Guam as embodied in the above mentioned memorandum of understanding between the two departments.
3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government on the Island of Guam.
4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order.
5. The said Executive Order No. 108–A of
Guam is declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior.
1968—Pub. L. 90–497 substituted provisions that all matters concerning Guam which are not the program responsibility of other Federal departments or agencies be under the general administrative supervision of the Secretary of the Interior for provisions that the general administrative supervision of matters concerning Guam be under the head of such civilian department or agency of the Government of the United States as the President might direct.
1959—Pub. L. 86–316 permitted government of Guam, with consent of legislature, to be sued.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.
1968—Subsec. (u). Pub. L. 90–497 added subsec. (u).
Pub. L. 90–497, § 10,
1968—Subsec. (b). Pub. L. 90–497 repealed subsec. (b) which prohibited the application to Guam of laws of the United States not specifically made applicable to Guam and established a commission to determine which laws were applicable to Guam and which were not.
Pub. L. 90–497, § 7,
The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of Guam, and the members of the legislature, shall be paid by the government of Guam at rates prescribed by the laws of Guam.
1968—Subsec. (c). Pub. L. 90–497, § 9(a), repealed subsec. (c) which provided for the payment of transportation expenses by the United States of all officers and employees of the government of Guam if their homes were outside Guam.
Pub. L. 90–497, § 9(b), removed subsection designations and substituted provisions that the government of Guam pay the salaries and travel expenses of the Governor, Lieutenant Governor, heads of executive departments, members of the legislature, and government officers and employees at rates prescribed by the laws of Guam for provisions setting the salary for the Governor and Secretary of Guam and allowing for the payment of transportation expenses and salaries of certain officers and employees by the United States.
1965—Subsec. (e). Pub. L. 89–100 substituted provisions empowering the government of Guam to fix and pay legislative salaries and expenses for provisions which specifically fixed a sum of $15 per day to be paid each member for every day the legislature is in session payable out of Congressional appropriations and which required all other expenses to be paid by the government of Guam.
1956—Subsec. (a). Act
Pub. L. 90–497, § 9(a),
Pub. L. 90–497, § 9(b),
All articles coming into the United States from Guam shall be subject to or exempt from duty as provided for in section 1301a 1
Section 1301a of title 19, referred to in text, was repealed by Pub. L. 87–456, title III, § 301(a),
1954—Act
Act Sept. 1, 1954, ch. 1213, title VI, § 601, 68 Stat. 1141, provided that:
The title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the administration of the civil affairs of the inhabitants of Guam, including automotive and other equipment, tools and machinery, water and sewerage facilities, bus lines and other utilities, hospitals, schools, and other buildings, shall be transferred to the government of Guam within ninety days after
All other property, real and personal, owned by the United States in Guam, not reserved by the President of the United States within ninety days after
All property owned by the United States in Guam, the title to which is not transferred to the government of Guam by subsection (a) hereof, or which is not placed under the control of the government of Guam by subsection (b) hereof, is transferred to the administrative supervision of the Secretary of the Interior, except as the President may from time to time otherwise prescribe: Provided, That the Secretary of the Interior shall be authorized to lease or to sell, on such terms as he may deem in the public interest, any property, real and personal, of the United States under his administrative supervision in Guam not needed for public purposes.
1968—Subsec. (c). Pub. L. 90–497 substituted “The Secretary of the Interior” for “the head of the department or agency designated by the President under section 1421a of this title” in text of subsec. (c) and “the Secretary of the Interior” for “the head of such department or agency” in proviso.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Ex. Ord. No. 10178, eff.
NOW, THEREFORE, by virtue of the authority vested in me by the said section 28 of the Organic Act of Guam [this section] and as President of the United States, it is ordered as follows:
1. The following-described real and personal property of the United States in Guam is hereby reserved to the United States and placed under the control and jurisdiction of the Secretary of the Navy: Provided, That the Secretary of the Navy shall transfer such portions of such property to the Department of the Army, the Department of the Air Force, and the Coast Guard as may be required for their respective purposes:
(a) All of that real property in Guam situated within the perimeter areas defined in the following-designated condemnation proceedings in the Superior Court of Guam, being the same property quitclaimed by the Naval Government of Guam to the United States of America by deed dated
Condemnation proceedings Civil No. | Perimeter area | Facility |
|---|---|---|
................. | Acres |
|
2–48 | 4,566.757 | North Field. |
5–48 | 9.372 | Mt. Santa Rosa Water Reservoir and Supply Lines. |
6–48 | 5.990 | Mt. Santa Rosa-Marbo Water Lines. |
7–48 | 5.990 | Tumon Maui Well Site. |
2–49 | 4,803.000 | Naval Ammunition Depot. |
3–49 | 44.651 | Primary Transmission Line. |
4–49 | 12.169 | Mt. Santa Rosa-Marbo Water Line Easement. |
5–49 | 6,332.000 | Apra Harbor Reservation. |
2–50 | 6.450 | Aceorp Tunnel. |
3–50 | 35.391 | Camp Dealy. |
4–50 | 0.637 | Tumon Bay Recreation Area Utility Lines. |
5–50 | 24.914 | Agana Springs. |
6–50 | 41.360 | Asan Point Tank Farm. |
7–50 | 85.032 | Asan Point Housing. |
8–50 | 137.393 | Medical Center. |
9–50 | 45.630 | Agafo Gumas. |
10–50 | 4,798.682 | Naval Communication Station. |
11–50 | 11.726 | Nimitz Beach. |
12–50 | 800.443 | Command Center. |
13–50 | 4,901.100 | Tarague Natural Wells. |
14–50 | 5.945 | Agana Diesel Electric Generating plant. |
15–50 | 23.708 | Mt. Santa Rosa Haul Road, Water Reservoir and Supply Lines, VHF Relay Station, Mt. Santa Rosa-Marbo Water Line. |
16–50 | 4,562.107 | Northwest Air Force Base. |
18–50 | 60.480 | Marbo Base Command Area—Sewage Disposal. |
19–50 | 21.695 | Loran Station, Cocos Island. |
20–50 | 15.322 | Av-Gas Tank Farm 1B12. |
21–50 | 1,820.148 | Proposed Boundary of NAS Agana, Housing Area 1B7. |
22–50 | 37.519 | C. A. A. Site (Area 1B90.) |
23–50 | 3.575 | Tumon Maui Well (Water Tunnel). |
24–50 | 49.277 | Tumon Bay Recreation Area (Road and AV-Gas Fuel Line Parcel 1B1. |
25–50 | 0.208 | Utility Easement from Rt. 1B1 to Rt. 1B6 Coontz Junction). |
26–50 | 65.300 | Tumon Bay Recreation Area (Area 1B78). |
27–50 | 2,497.400 | Marbo Base Command. |
28–50 | 0.918 | Mt. Tenjo VHF Station Site. |
29–50 | 285.237 | Sasa Valley Tank Farm (Area 1B78). |
30–50 | 17.793 | Sub Transmission System Piti Steam Plant to Command Center. |
31–50 | 28.888 | Route 1B1 (Marine Drive) (Portion). |
32–50 | 94.000 | Sub Transmission System (34 KV Line) Piti Steam Plant to Agana Diesel Plant and POL System Sasa Valley Tank Farm to NAS Agana. |
33–50 | 953.000 | Harmon Air Force Base. |
34–50 | 2,922.000 | Radio Barrigada. |
35–50 | 25.000 | AACS Radio Range (Area 1B30). |
36–50 | 37.000 | Water Line Apra Heights Reservoir to Fena Pump Station and Av-Gas Fuel System. |
37–50 | 2,185.000 | Fena River Reservoir. |
(b) The road system and utilities systems described in the said deed between the Naval Government of Guam and the United States of America dated
(c) The following-described areas: Mount Lam Lam Light; Rear Range Light; Mount Aluton Light; Area Number 35 Culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seismograph Station Site, Land Unit M, Section 2, Land Square 20; the Power Sub-station located on Lot 266, Municipality of Agat adjacent to Erskine Drive, City of Agat.
(d) Lots 2285–5 and 2306–1 in Barrigada.
(e) All personal property relating to or used in connection with any of the above-described real property.
2. The following-described real property of the United States in Guam is hereby reserved to the United States and transferred to the administrative supervision of the Secretary of the Interior, and shall be available for disposition by the Secretary of the Interior in his discretion under section 28(c) of the said Organic Act of Guam [subsection (c) of this section]:
All of those lands which have been selected by the Secretary of the Navy for transfer or sale pursuant to the act of
3. In addition to the personal property described in paragraph 1(e) hereof, there is hereby reserved to the United States all personal property of the United States in Guam, except that which is transferred to the government of Guam by or pursuant to section 28 (a) of the Organic Act of Guam, which on the date of this order is in the custody or control of the Department of the Army, the Department of the Navy, the Department of the Air Force, the Coast Guard, or any other department or agency of the United States; and all such personal property shall remain in the custody and control of the department or agency having custody and control thereof on the date of this order.
Deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the first day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified.
For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section is also classified to section 1663 of this title.
Section was formerly classified to sections 1358 and 1432 of this title.
Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-health services in Guam, including hospitals, dispensaries, and quarantine stations, at such places in Guam as may be necessary, and he shall promulgate quarantine and sanitary regulations for the protection of Guam against the importation and spread of disease.
The Government of Guam shall provide an adequate public educational system of Guam, and to that end shall establish, maintain, and operate public schools according to the laws of Guam.
The Government of Guam may by law establish an Office of Public Prosecutor and an Office of Public Auditor. The Public Prosecutor and Public Auditor may be removed as provided by the laws of Guam.
1998—Subsec. (d). Pub. L. 105–291 added subsec. (d).
1986—Subsec. (b). Pub. L. 99–396, § 13(a)(1), substituted “according to the laws of Guam” for “at such places in Guam as may be necessary”.
Pub. L. 99–396, § 5, substituted “Government of Guam” for “Governor”.
Subsec. (c). Pub. L. 99–396, § 13(a)(2), added subsec. (c).
All customs duties and Federal income taxes derived from Guam, the proceeds of all taxes collected under the internal-revenue laws of the United States on articles produced in Guam and transported to the United States, its Territories, or possessions, or consumed in Guam, and the proceeds of any other taxes which may be levied by the Congress on the inhabitants of Guam (including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam), and all quarantine, passport, immigration, and naturalization fees collected in Guam shall be covered into the treasury of Guam and held in account for the government of Guam, and shall be expended for the benefit and government of Guam in accordance with the annual budgets; except that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of the Internal Revenue Code of 1986 [26 U.S.C. 1401 et seq., 3101 et seq.]. Beginning as soon as the government of Guam enacts legislation establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the Treasury, prior to the commencement of any fiscal year, shall remit to the government of Guam the amount of duties, taxes, and fees which the governor of Guam, with the concurrence of the government comptroller of Guam, has estimated will be collected in or derived from Guam under this section during the next fiscal year, except for those sums covered directly upon collection into the treasury of Guam. The Secretary of the Treasury shall deduct from or add to the amounts so remitted the difference between the amount of duties, taxes, and fees actually collected during the prior fiscal year and the amount of such duties, taxes, and fees as estimated and remitted at the beginning of that prior fiscal year, including any deductions which may be required as a result of the operation of Public Law 94–395 (90 Stat. 1199) or Public Law 88–170, as amended (82 Stat. 863).
The internal-revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code.
Public Law 94–395 (90 Stat. 1199), referred to in text, was enacted
Public Law 88–170, as amended (82 Stat. 863), referred to in text, is Pub. L. 88–170,
1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1984—Pub. L. 98–454 inserted “(including, but not limited to, compensation paid to members of the Armed Forces and pensions paid to retired civilians and military employees of the United States, or their survivors, who are residents of, or who are domiciled in, Guam)” after “inhabitants of Guam” in first sentence.
1978—Pub. L. 95–348 inserted provisions relating to authorization, amount, computation, etc., of remittance, prior to commencement of any fiscal year, of duties, taxes, and fees to be collected in or derived from Guam under this section during that next fiscal year.
1960—Pub. L. 86–778 inserted clause providing that nothing in this chapter shall be construed to apply to any tax imposed by chapter 2 or 21 of title 26.
The income-tax laws in force in the United States of America and those which may hereafter be enacted shall be held to be likewise in force in Guam: Provided, That notwithstanding any other provision of law, the Legislature of Guam may levy a separate tax on all taxpayers in an amount not to exceed 10 per centum of their annual income tax obligation to the Government of Guam.
The income-tax laws in force in Guam pursuant to subsection (a) of this section shall be deemed to impose a separate Territorial income tax, payable to the government of Guam, which tax is designated the “Guam Territorial income tax”.
The administration and enforcement of the Guam Territorial income tax shall be performed by or under the supervision of the Governor. Any function needful to the administration and enforcement of the income-tax laws in force in Guam pursuant to subsection (a) of this section shall be performed by any officer or employee of the government of Guam duly authorized by the Governor (either directly, or indirectly by one or more redelegations of authority) to perform such function.
In applying as the Guam Territorial income tax the income-tax laws in force in Guam pursuant to subsection (a) of this section, except where it is manifestly otherwise required, the applicable provisions of the Internal Revenue Codes of 1986 and 1939, shall be read so as to substitute “Guam” for “United States”, “Governor or his delegate” for “Secretary or his delegate”, “Governor or his delegate” for “Commissioner of Internal Revenue” and “Collector of Internal Revenue”, “District Court of Guam” for “district court” and with other changes in nomenclature and other language, including the omission of inapplicable language, where necessary to effect the intent of this section.
Any act or failure to act with respect to the Guam Territorial income tax which constitutes a criminal offense under chapter 75 of subtitle F of the Internal Revenue Code of 1986 [26 U.S.C. 7201 et seq.], or the corresponding provisions of the Internal Revenue Code of 1939, as included in the income-tax laws in force in Guam pursuant to subsection (a) of this section, shall be an offense against the government of Guam and may be prosecuted in the name of the government of Guam by the appropriate officers thereof.
The government of Guam shall have a lien with respect to the Guam Territorial income tax in the same manner and with the same effect, and subject to the same conditions, as the United States has a lien with respect to the United States income tax. Such lien in respect of the Guam Territorial income tax shall be enforceable in the name of and by the government of Guam. Where filing of a notice of lien is prescribed by the income-tax laws in force in Guam pursuant to subsection (a) of this section, such notice shall be filed in the Office of the Clerk of the District Court of Guam.
The Internal Revenue Code of 1986, referred to in subsecs. (d) to (f), is classified generally to Title 26, Internal Revenue Code.
The Internal Revenue Code of 1939, referred to in subsecs. (d)(1), (e), and (f), was generally repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2,
Subtitle A (not including chapter 2 and section 931) and chapters 24 and 25 of subtitle C, referred to in subsec. (d)(1), and subtitle F and chapter 75, referred to in subsecs. (d)(1) and (f), mean subtitle A (§ 1 et seq.), chapter 2 (§ 1401 et seq.) of subtitle A, chapters 24 (§ 3401 et seq.) and 25 (§ 3501 et seq.) of subtitle C, subtitle F (§ 6001 et seq.) and chapter 75 (§ 7201 et seq.) of subtitle F, respectively, of Title 26.
2002—Subsec. (d)(3). Pub. L. 107–212 added par. (3).
1986—Subsecs. (d) to (f). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954” wherever appearing.
1977—Subsec. (a). Pub. L. 95–134 inserted provision that the Legislature of Guam may levy a separate tax on taxpayers in an amount not to exceed 10 per centum of their annual income tax obligation to the Government of Guam.
1972—Subsec. (d)(2). Pub. L. 92–606 substituted “Needful rules and regulations not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue Code of 1954” for “Needful rules and regulations”.
1958—Subsec. (a). Pub. L. 85–688 designated existing provisions as subsec. (a).
Subsecs. (b) to (h). Pub. L. 85–688 added subsecs. (b) to (h).
Pub. L. 107–212, § 2(b),
Amendment by Pub. L. 92–606 applicable with respect to taxable years beginning after
Section became effective
See section 1271 of Pub. L. 99–514, set out as a note under section 931 of Title 26, Internal Revenue Code.
Pub. L. 85–688, § 2,
There are authorized to be appropriated annually by the Congress of the United States such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter.
For authorization of appropriations for assistance to the governments of Guam and the Virgin Islands in elimination of general fund deficits, see Pub. L. 96–597, title VI, § 607,
Nothing contained in this chapter shall be construed as limiting the authority of the President to designate parts of Guam as naval or military reservations, nor to restrict his authority to treat Guam as a closed port with respect to the vessels and aircraft of foreign nations.
Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.
Section, act Aug. 1, 1950, ch. 512, § 35, as added
Section, act Oct. 14, 1940, ch. 876, § 206, as added Aug. 1, 1950, ch. 512, § 4(a), 64 Stat. 384, granted United States citizenship to persons born or living on Guam on or after
Section, act Aug. 1, 1956, ch. 852, § 15, 70 Stat. 910, prohibited production, manufacture, compounding, possession, sale, dispensation, administration, or transportation of marihuana in Guam. See section 801 et seq. of Title 21, Food and Drugs. Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Repeal effective on first day of seventh calendar month that begins after
Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunction proceedings commenced, prior to the effective date of repeal of this section by section 1101 of Pub. L. 91–513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91–513, set out as a note under section 171 of Title 21, Food and Drugs.
The laws of the United States relating to copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in Guam as in the continental United States.
The laws of the United States relating to copyrights, referred to in text, are classified generally to Title 17, Copyrights.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The Secretary of Agriculture is authorized to provide financial and technical assistance to Guam for improving fire control, watershed protection and reforestation, consistent with existing laws, administered by the Secretary of Agriculture, which are applicable to the continental United States. The program authorized by this section shall be developed in cooperation with the territorial government of Guam and shall be covered by a memorandum of understanding agreed to by the territorial government and the Department. The Secretary may also utilize the agencies, facilities, and employees of the Department, and may cooperate with other public agencies and with private organizations and individuals in Guam and elsewhere.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of section 1421o of this title. Sums appropriated in pursuance of sections 1421o and 1421p of this title may be allocated to such agencies of the Department as are concerned with the administration of the program in Guam.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The laws of the United States which are made applicable to the Northern Mariana Islands by the provisions of section 502(a)(1) of H.J. Res. 549,1
Section 502(a)(1) of H.J. Res. 549, referred to in text, probably means section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XVI of the Social Security Act is classified generally to subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Micronesia Claims Act, referred to in text, probably means the Micronesian Claims Act of 1971, Pub. L. 92–39,
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Effective on the date when section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. For
The joint resolution approved on
The Micronesian Claims Act of 1971, referred to in text, is Pub. L. 92–39,
Section is also classified to section 1574–1 of this title.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section was formerly set out as a note under section 1681 of this title.
2003—Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
1977—Pub. L. 95–135 amended section generally. Prior to amendment, section read as follows: “Effective on
Pub. L. 95–135, § 2,
The Secretary of Transportation, acting through the Administrator of the Maritime Administration (in this section referred to as the “Administrator”), may establish a Port of Guam Improvement Enterprise Program (in this section referred to as the “Program”) to provide for the planning, design, and construction of projects for the Port of Guam to improve facilities, relieve port congestion, and provide greater access to port facilities.
There is established in the Treasury of the United States a separate account to be known as the “Port of Guam Improvement Enterprise Fund” (in this section referred to as the “Fund”).
Amounts in the Fund shall be available to the Administrator to carry out the Program.
Not to exceed 3 percent of the amounts appropriated to the Fund for a fiscal year may be used for administrative expenses of the Administrator.
Amounts in the Fund shall remain available until expended.
Amounts appropriated or otherwise made available for any fiscal year for an intermodal or marine facility comprising a component of the Program shall be transferred to and administered by the Administrator.
Nothing in this section shall be construed to authorize amounts made available under section 165 of title 23 or any other amounts made available for the construction of highways or amounts otherwise not eligible for making port improvements to be deposited into the Fund.
There are authorized to be appropriated to the Fund such sums as may be necessary to carry out this section.
The National Environmental Policy Act of 1969, referred to in subsec. (b)(2), is Pub. L. 91–190,
Section was enacted as part of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 and not as part of the Organic Act of Guam which comprises this chapter.
2012—Subsec. (e). Pub. L. 112–141 substituted “section 165” for “section 215”.
2011—Subsec. (f). Pub. L. 111–383 inserted period at end.
Amendment by Pub. L. 112–141 effective
The executive power of Guam shall be vested in an executive officer whose official title shall be the “Governor of Guam”. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on
No person who has been elected Governor for two full successive terms shall again be eligible to hold that office until one full term has intervened.
The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election.
No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in Guam during his incumbency.
The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of Guam, except as otherwise provided in this or any other Act of Congress, or under the laws of Guam, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Guam and the laws of the United States applicable in Guam. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion, or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in Guam, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, proclaim the island, insofar as it is under the jurisdiction of the government of Guam, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation.
The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body.
There is hereby established the office of Lieutenant Governor of Guam. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of Guam.
1998—Pub. L. 105–362, in sixth par., struck out “The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress.” after “other information required by the Congress.” and “He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report.” after “under applicable Federal law.”
1982—Pub. L. 97–357 substituted provisions relating to preparation, etc., of a comprehensive annual financial report to be submitted to the Congress, the Secretary of the Interior, and the Inspector General of the Department of the Interior, preparation of other reports as required by Congress or applicable Federal law, and submittal of a written statement of actions taken or contemplated on Federal audit recommendations for provisions relating to an annual report of transactions of the Guam government to the Secretary of the Interior for transmittal to Congress and such other reports as required by Congress or applicable Federal law.
1968—Pub. L. 90–497 established office of Lieutenant Governor of Guam, provided for popular election of Governor and Lieutenant Governor, declared persons elected for two full successive terms as Governor ineligible to serve again until the lapse of a full intervening term, set out qualifications of eligibility for Governor and Lieutenant Governor, and restated powers and duties of office of Governor.
Pub. L. 90–497, § 13,
For termination, effective
Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title.
1982—Subsec. (a). Pub. L. 97–357 added subsec. (a).
Subsec. (b). Pub. L. 97–357 redesignated existing provisions as subsec. (b) and inserted provisions relating to the removal of a Lieutenant Governor or member of the legislature of Guam.
1968—Pub. L. 90–497 substituted provisions for the removal of the Governor of Guam through a referendum election for provisions for the appointment, tenure, powers, and duties of the Secretary of Guam.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.
In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor.
In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the speaker of the Guam Legislature shall act as Lieutenant Governor.
In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.
In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.
No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter.
1968—Pub. L. 90–497 designated existing provisions as subsec. (a), substituted provisions that the Lieutenant Governor have the powers of the Governor in the event of the temporary disability or temporary absence of the Governor for provisions authorizing the appointed department head to designate an acting Governor in the case of a vacancy or temporary absence of both the Governor and the Secretary of Guam, and added subsecs. (b) to (f).
1962—Pub. L. 87–419 provided for appointment of an acting secretary under certain conditions, prescribed the powers of such secretary and proscribed additional compensation for an acting Governor or acting secretary.
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
The Governor shall, except as otherwise provided in this chapter or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. The Government of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam.
All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law.
The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of Guam.
All persons holding office in Guam on
1986—Subsec. (a). Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam.
1968—Subsec. (a). Pub. L. 90–497, § 4(a), struck out requirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportunities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry.
Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any officer whose appointment or removal is not otherwise provided for.
Pub. L 90–497, § 4(a),
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
The authority granted in paragraph (a) shall extend to all activities of the government of Guam, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5.
In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.
A prior section 1422d, act Aug. 1, 1950, ch. 512, § 9–A, as added
2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (92 Stat. 1101), as amended.”
The legislative power and authority of Guam shall be vested in a legislature, consisting of a single house, to be designated the “Legislature of Guam”, herein referred to as the legislature.
The legislature shall be composed of not to exceed twenty-one members, to be known as senators, elected at large, or elected from legislative districts or elected in part at large and in part from legislative districts, as the laws of Guam may direct: Provided, That any districting and any apportionment pursuant to this authorization and provided for by the laws of Guam shall not deny to any person in Guam the equal protection of the laws: And provided further, That in any elections to the legislature, every elector shall be permitted to vote for the whole number of at-large candidates to be elected, and every elector residing in a legislative district shall be permitted to vote for the whole number of candidates to be elected within that district.
Any districting and related apportionment pursuant to this section shall be based upon the then most recent Federal population census of Guam, and any such districting and apportionment shall be reexamined following each successive Federal population census of Guam and shall be modified, if necessary, to be consistent with that census.
General elections to the legislature shall be held on the Tuesday next after the first Monday in November, biennially in even-numbered years. The legislature in all respects shall be organized and shall sit according to the laws of Guam.
1983—Subsec. (c). Pub. L. 98–213 substituted “Any” for “The laws of Guam shall not alter the manner in which members of the legislature are to be elected as provided in subsection (b) of this section more often than at ten-year intervals: Provided, That any”.
1966—Pub. L. 89–552 authorized election of senators in whole or in part from legislative districts if the laws of Guam so directed, provided that the legislators be called senators, prohibited any districting or apportionment which denied equal protection of the laws to any person in Guam, required that electors be permitted to vote for the whole number of candidates to be elected both within his district and at large, prohibited reapportionment oftener than at 10-year intervals, and required that any redistricting be based upon the latest Federal census.
Pub. L. 89–552, § 2,
“Section 3713(a) of title 31” substituted in text for “section 3466 of the Revised Statutes (31 U.S.C. 191)” on authority of Pub. L. 97–258, § 4(b),
1998—Pub. L. 105–291 substituted “rightful subjects of legislation” for “subjects of legislation of local application” in first sentence.
1984—Pub. L. 98–454 inserted provisions relating to authority of Secretary to guarantee for purchase by the Federal Financing Bank, obligations of the Guam Power Authority to be used for a second refinancing of the principal amount due to mature on
1980—Pub. L. 96–205 substituted provisions relating to guarantees by the Secretary of the purchase by the Federal Financing Bank of the refinancing obligations of the Guam Power Authority where such refinancing obligations remain outstanding by
1976—Pub. L. 94–395 inserted provisions relating to authority of Secretary of the Interior to guarantee for purchase by the Federal Financing Bank bonds or other obligations of the Guam Power Authority maturing on or before
The legislature shall be the judge of the selection and qualification of its own members. It shall choose from its members its own officers, determine its rules and procedure, not inconsistent with this chapter, and keep a journal. The quorum of the legislature shall consist of a simple majority of its members. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays.
1998—Pub. L. 105–291 substituted “a simple majority” for “eleven”.
1968—Pub. L. 90–497 inserted a quorum requirement, provided that a quorum of the legislature consist of eleven of its members, and made presence of a quorum requisite to passage of a law.
Pub. L. 90–497, § 6(b),
Every member of the legislature and all officers of the government of Guam shall take the following oath or affirmation:
“I solemnly swear (or affirm) in the presence of Almighty God that I will well and faithfully support the Constitution of the United States, the laws of the United States applicable to Guam and the laws of Guam, and that I will conscientiously and impartially discharge my duties as a member of the Guam Legislature (or as an officer of the government of Guam).”
No member of the legislature shall, during the term for which he was elected or during the year following the expiration of such term, be appointed to any office which has been created, or the salary or emoluments of which have been increased during such term.
No person shall sit in the legislature who is not a citizen of the United States, who has not attained the age of twenty-five years and who has not been domiciled in Guam for at least five years immediately preceding the sitting of the legislature in which he seeks to qualify as a member, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights.
Vacancies occurring in the legislature shall be filled as the legislature shall provide, except that no person filling a vacancy shall hold office longer than for the remainder of the term for which his predecessor was elected.
Regular sessions of the legislature shall be held annually, commencing on the second Monday in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legislature at any time when, in his opinion, the public interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any special message by the Governor to the legislature while in such session. All sessions of the legislature shall be open to the public.
1968—Pub. L. 90–497 removed 60-day limitation on the length of regular sessions and 14-day limitation on the length of special sessions of the legislature.
Pub. L. 90–497, § 6(a),
Every bill passed by the legislature shall, before it becomes a law, be entered upon the journal and presented to the Governor. If he approves it, he shall sign it, but if not he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If he does not return it within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws enacted by the legislature shall be reported by the Governor to the head of the department or agency designated by the President under section 1421a of this title. The Congress of the United States reserves the power and authority to annul the same.
1975—Pub. L. 93–608 struck out requirement that reports be transmitted to Congress by the Secretary concerned.
1968—Pub. L. 90–497, § 8(a), struck out President’s authority to veto territorial legislation referred by the Governor after such legislation had been passed by the legislature over the Governor’s veto.
Pub. L. 90–497, § 8(b), struck out provision that, if Congress did not annul laws passed by the legislature and reported to Congress within one year of the date of its receipt by Congress, such laws were deemed to have been approved by Congress.
Pub. L. 90–497, § 8(b),
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on
The legislature or any person or group of persons in Guam shall have the unrestricted right of petition. It shall be the duty of all officers of the government to receive and without delay to act upon or forward, as the case may require, any such petition.
Section, act
June 13, 1956, ch. 380, title I, 70 Stat. 264.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 457.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.
Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694.
The District Court of Guam shall have the jurisdiction of a district court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28, and that of a bankruptcy court of the United States.
In addition to the jurisdiction described in subsection (b), the District Court of Guam shall have original jurisdiction in all other causes in Guam, jurisdiction over which is not then vested by the legislature in another court or other courts established by it. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by the laws of Guam for the purpose of determining the requirements of indictment by grand jury or trial by jury.
2004—Subsec. (a). Pub. L. 108–378 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The judicial authority of Guam shall be vested in a court of record established by Congress, designated the ‘District Court of Guam,’ and such local court or courts as may have been or shall hereafter be established by the laws of Guam in conformity with section 1424–1 of this title.”
1984—Pub. L. 98–454 amended section generally, striking out language which directed that no provisions of any rules which authorized or required trial by jury or the prosecution of offenses by indictment by a grand jury instead of by information be applicable to the District Court of Guam unless and until made so applicable by laws enacted by the Legislature of Guam, repealed that portion of section 1 of act
1978—Subsec. (a). Pub. L. 95–598, § 335(a), inserted “and a bankruptcy court”.
Subsec. (b). Pub. L. 95–598, § 335(b), substituted “section 2075 of title 28, in cases under title 11,” for “section 53 of title 11, in bankruptcy cases;”.
1958—Subsec. (a). Pub. L. 85–444 provided that the District Court of Guam shall have jurisdiction in all causes arising under the Constitution, treaties, and laws of the United States, regardless of the sum or value of the matter in controversy, and to insert the paragraph requiring appeals to the District Court to be heard and determined by an appellate division.
1954—Subsec. (b). Act
Pub. L. 98–454, title X, § 1005,
Amendment by section 335(b) of Pub. L. 95–598 effective
Pub. L. 95–598, title IV, § 402(e),
Act Aug. 27, 1954, ch. 1017, § 2, 68 Stat. 883, provided that:
Act Aug. 27, 1954, ch. 1017, § 4, 68 Stat. 883, provided:
Act Aug. 27, 1954, ch. 1017, § 3, 68 Stat. 883, provided:
Except as granted to the Supreme Court of Guam or otherwise provided by this chapter or any other Act of Congress, the Superior Court of Guam and all other local courts established by the laws of Guam shall have such original and appellate jurisdiction over all causes in Guam as the laws of Guam provide, except that such jurisdiction shall be subject to the exclusive or concurrent jurisdiction conferred on the District Court of Guam under section 1424 of this title.
The qualifications and duties of the justices and judges of the Supreme Court of Guam, the Superior Court of Guam, and all other local courts established by the laws of Guam shall be governed by the laws of Guam and the rules of such courts.
2004—Pub. L. 108–378 amended section generally, substituting provisions relating to Supreme Court of Guam and other courts for provisions consisting of subsecs. (a) to (c) relating to composition of local courts and establishment of appellate court, jurisdiction of courts, and practice and procedure in local courts and qualifications and duties of judges.
Section effective on ninetieth day following
The relations between the courts established by the Constitution or laws of the United States and the local courts of Guam with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings.
2004—Pub. L. 108–378 struck out before period at end “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1424–1(a) of this title, the United States Court of Appeals for the Ninth Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of Guam from which a decision could be had. The Judicial Council of the Ninth Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection”.
1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
Section effective on ninetieth day following
Prior to the establishment of the appellate court authorized by section 1424–1(a) of this title, which is known as the Supreme Court of Guam, the District Court of Guam shall have such appellate jurisdiction over the local courts of Guam as the legislature may determine: Provided, That the legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of Guam or of any orders or regulations issued or actions taken by the executive branch of the government of Guam with the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the United States.
Appeals to the District Court of Guam shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The district judge shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division of any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 1424b of this title: Provided, That no more than one of them may be a judge of a court of record of Guam. The concurrence of two judges shall be necessary to any decision of the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure.
The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection.
Upon the establishment of the appellate court provided for in section 1424–1(a) of this title, which is known as the Supreme Court of Guam, all appeals from the decisions of the local courts not previously taken must be taken to such appellate court. The establishment of that appellate court shall not result in the loss of jurisdiction of the appellate division of the district court over any appeal then pending in it. The rulings of the appellate division of the district court on such appeals may be reviewed in the United States Court of Appeals for the Ninth Circuit and in the Supreme Court notwithstanding the establishment of the appellate court.
2004—Subsec. (a). Pub. L. 108–378, § 1(c)(1), inserted “which is known as the Supreme Court of Guam,” after “appellate court authorized by section 1424–1(a) of this title,”.
Subsec. (d). Pub. L. 108–378, § 1(c)(2), inserted “, which is known as the Supreme Court of Guam,” after “appellate court provided for in section 1424–1(a) of this title” and substituted “taken to such appellate court” for “taken to the appellate court”.
Section effective on ninetieth day following
Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, “Attorney for the government” and “United States attorney”, as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.
The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Section effective on ninetieth day following
Section, act Aug. 1, 1950, ch. 512, § 23, 64 Stat. 390, related to appeals from the District Court of Guam to the United States Court of Appeals for the Ninth Circuit, and to the United States Supreme Court. See sections 41, 1252, 1291, 1292, and 1294 of Title 28, Judiciary and Judicial Procedure.
Act Oct. 31, 1951, ch. 655, § 56(l), 65 Stat. 730, provided that the repeal by section 56 of act
The Chief Judge of the Ninth Judicial Circuit of the United States may assign a judge of a local court of record or a judge of the High Court of the Trust Territory of the Pacific Islands or a circuit or district judge of the ninth circuit or a recalled senior judge of the District Court of Guam or of the District Court for the Northern Mariana Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge in the District Court of Guam whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the court.
1984—Subsec. (a). Pub. L. 98–454, § 802(a)–(c), substituted “for the term of ten years” for “for a term of eight years” in first par., and, in second par., substituted “a local court of record” for “the Island Court of Guam” and inserted “or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands” after “ninth circuit”.
Subsec. (b). Pub. L. 98–454, § 802(d), substituted “35” and “37” for “31” and “33” respectively.
Subsec. (c). Pub. L. 98–454, § 802(e), struck out subsec. (c) which provided that chapters 43 and 49 of title 28 shall apply to the District Court of Guam.
1958—Subsec. (a). Pub. L. 85–444 increased the term of office from four to eight years, substituted provisions requiring the salary of the judge to be at the rate prescribed for judges of the United States district courts for provisions which required the salary of the judge to be the same as salary of the Governor of Guam, and inserted provisions permitting the Chief Judge of the Ninth Circuit to make temporary assignments.
1951—Subsec. (a). Act
Subsec. (c). Act
Amendments by Pub. L. 98–454 effective on ninetieth day following
Pub. L. 98–454, title X, § 1004,
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Notwithstanding any law or court decision to the contrary, the District Court of Guam is hereby granted authority and jurisdiction to review claims of persons, their heirs or legatees, from whom interests in land on Guam were acquired other than through judicial condemnation proceedings, in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, by the United States between
Land acquisitions effected through judicial condemnation proceedings in which the issue of compensation was adjudicated in a contested trial in the District Court of Guam, shall remain res judicata and shall not be subject to review hereunder.
Fair compensation for purposes of this Act is defined as such additional amounts as are necessary to effect payment of fair market value at the time of acquisition, if it is determined that, as a result of duress, unfair influence, or other unconscionable actions, fair market value was not paid.
The District Court of Guam may employ and utilize the services of such special masters or judges as are necessary to carry out the intent and purposes hereof.
Awards made hereunder shall be judgments against the United States.
Attorney’s fees paid by claimants to counsel representing them may not exceed 5 per centum of any additional award. Any agreement to the contrary shall be unlawful and void. Whoever, in the United States or elsewhere, demands or receives any remuneration in excess of the maximum permitted by this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned not more than twelve months, or both. A reasonable attorney’s fee may be awarded in appropriate cases.
All agencies and departments of the United States Government shall, upon request, deliver to the court any documents, records, and writings which are pertinent to any claim under review.
This Act, referred to in subsec. (c), is Pub. L. 95–134,
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
1980—Subsec. (c). Pub. L. 96–205 struck out provisions prohibiting allowance of interest on additional amounts of award.
Pub. L. 100–647, title VI, § 6140,
Pub. L. 96–205, title III, § 301(b),
Section, act June 27, 1934, ch. 847, § 214, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Guam. See section 1715d of Title 12, Banks and Banking.
The Legislature of Guam may by law grant to a public corporate authority, existing or to be created by or under such law, powers to undertake urban renewal and housing activities in Guam. Such legislature may by law provide for the appointment, terms of office, or removal of the members of such authority and for the powers of such authority, including authority to accept whatever benefits the Federal Government may make available, and to do all things, to exercise any and all powers, and to assume and fulfill any and all obligations, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for receiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the territory of Guam for any loan whatever.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The Legislature of Guam may by law authorize such authority, any provision of the Organic Act of Guam [48 U.S.C. 1421 et seq.], or any other Act of Congress to the contrary notwithstanding, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislature may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of Guam other than such authority, nor constitute a debt, indebtedness, or the borrowing of money within the meaning of any limitation or restriction on the issuance of notes, bonds, or other obligations contained in any laws of the United States applicable to Guam or to any agency thereof.
The Organic Act of Guam, referred to in text, is act Aug. 1, 1950, ch. 512, 64 Stat. 384, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The Legislature of Guam may by law assist such authority by furnishing, or authorizing the furnishing of, cash donations, loans, conveyances of real and personal property, facilities, and services, and otherwise, and may by law take other action in aid of urban renewal or housing or related activities.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Each and every part of Public Law 6–135, approved
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Powers granted herein shall be in addition to, and not in derogation of, any powers granted by other law to, or for the benefit or assistance of, any public corporate authority.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section, acts Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58; June 30, 1953, ch. 170, § 25(b), 67 Stat. 128, related to purchase of insured mortgage loans by the Federal National Mortgage Association, with respect to property in Guam. Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
1977—Pub. L. 95–134 designated existing provisions as subsec. (a) and added subsec. (b).
Prior to receiving any funds pursuant to this subchapter the government of Guam shall submit to the Secretary of the Interior a plan for the use of such funds which meets the requirements of this section and is approved by the Secretary. The plan shall designate an agency or agencies of such government as the agency or agencies for the administration of the plan and shall set forth the policies and procedures to be followed in furthering the economic development of Guam through a program which shall include and make provision for loans and loan guarantees to promote the development of private enterprise and private industry in Guam through a revolving fund for such purposes: Provided, That the term of any loan made pursuant to the plan shall not exceed twenty-five years; that such loans shall bear interest (exclusive of premium charges for insurance, and service charges, if any) at such rate per annum as is determined to be reasonable and as approved by the Secretary, but in no event less than a rate equal to the average yield on outstanding marketable obligations of the United States as of the last day of the month preceding the date of the loan, adjusted to the nearest one-eighth of 1 per centum, which rate shall be determined by the Secretary of the Treasury upon the request of the authorized agency or agencies of the government of Guam; and that premium charges for the insurance and guarantee of loans shall be commensurate, in the judgment of the agency or agencies administering the fund, with expenses and risks covered.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
No loan or loan guarantee shall be made under this subchapter to any applicant who does not satisfy the agency or agencies administering the plan that financing is otherwise unavailable on reasonable terms and conditions. The maximum participation in the funds made available under section 1428 of this title shall be limited (a) so that not more than 25 per centum of the funds actually appropriated by the Congress may be devoted to any single project (b) to 90 per centum of loan guarantee, and (c) with respect to all loans, to that decree of participation prudent under the circumstances of individual loans but directly related to the minimum essential participation necessary to accomplish the purposes of this subchapter: Provided, That, with respect to loan guarantees, the reserves maintained by the agency or agencies for the guarantees shall not be less than 25 per centum of the guarantee.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The plan provided for in section 1428a of this title shall set forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement, repayment, and accounting for such funds.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
The Governor of Guam shall include in the annual report to Congress required pursuant to section 1422 of this title a report on the administration of this subchapter.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
1980—Pub. L. 96–470 substituted provision requiring the Governor of Guam to include in his report to Congress under section 1422 of this title a report on the administration of this subchapter for provision requiring the Governor of Guam to make an annual report to the Secretary of the Interior on administration of this subchapter, copies of which were to be forwarded to the Speaker of the House of Representatives and the President of the Senate.
The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to the books, documents, papers, and records of the agency, or agencies, of the government of Guam administering the plan that are pertinent to the funds received under this subchapter.
Section was not enacted as part of the Organic Act of Guam which comprises this chapter.
Section 1431, act Mar. 4, 1925, ch. 563, 43 Stat. 1357, which related to making Swains Island part of American Samoa, was transferred to section 1662 of this title.
Section 1431a, acts Feb. 20, 1929, ch. 281, 45 Stat. 1253; May 22, 1929, ch. 6, 46 Stat. 4, which related to islands of eastern Samoa, was transferred to section 1661 of this title.
Section 1432, act June 28, 1906, ch. 3585, 34 Stat. 552, which related to acknowledgment of deeds in the islands of Samoa, was transferred to section 1663 of this title.
Section 1433, act June 14, 1934, ch. 523, 48 Stat. 963, which related to inapplicability of coastwise shipping laws to Samoa, was transferred to section 1664 of this title and was subsequently repealed by Pub. L. 109–304, § 19,
Section 1434, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 457, which related to purchases by governments of Samoa, was transferred to section 1665 of this title.
Section 1435, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, which related to purchases by governments of Pacific Trust Territory, was transferred to section 1682 of this title. Act June 30, 1954, ch. 423, § 1, formerly set out as a note under this section, and which related to continuance of civil government for the Trust Territory, is classified to section 1681 of this title. Section 2 of that act, which provided for annual appropriation authorization, is set out as a note under section 1681 of this title.
Section 1436, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, which related to auditing transactions of Pacific Trust Territory, was transferred to section 1683 of this title.
Section 1437, act July 9, 1952, ch. 597, title I, § 101, 66 Stat. 458, which related to expenditure of funds for administration of Pacific Trust Territory, was transferred to section 1684 of this title.
Section 1438, act July 9, 1952, ch. 597, title I, § 108, 66 Stat. 460, which related to transfer of property or money for administration of Pacific Trust Territory, was transferred to section 1685 of this title.
Section 1439, act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 274, which related to approval by Congress of new activity in Pacific Trust Territory, was transferred to section 1686 of this title and was subsequently omitted from the Code.
Section 1440, Pub. L. 85–77, title I, § 1,
The source of most sections of this chapter is the Revised Statutes enacted in 1873 and other early statutes. The Revised Statutes can no longer apply to contiguous territory because no such territory now exists. As to noncontiguous territory, Guam, Puerto Rico, and the Virgin Islands each has its own organic act, providing a complete system of government, legislative, executive, and judicial. The Canal Zone has its own code of laws. The independence of the Philippine Islands was recognized by Proc. No. 2695, eff.
Ex. Ord. No. 13299,
Ex. Ord. No. 13537,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) There is established, within the Department of the Interior for administrative purposes, the Interagency Group on Insular Areas (IGIA) to address policies concerning Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands (Insular Areas).
(b) The IGIA shall consist of:
(i) the heads of the executive departments, as defined in 5 U.S.C. 101;
(ii) the heads of such other executive agencies as the Co-Chairs of the IGIA may designate; and (iii) the Deputy Assistant to the President and Director of Intergovernmental Affairs.
(c) The Secretary of the Interior and the Deputy Assistant to the President and Director of Intergovernmental Affairs shall serve as Co-Chairs of the IGIA, convene and preside at its meetings, direct its work, and establish such subgroups of the IGIA as they deem appropriate, consisting exclusively of members of the IGIA.
(d) Members of the IGIA may designate a senior department or agency official who is a full-time officer or employee of the Federal Government to perform their IGIA functions.
(a) advise the President on establishment or implementation of policies concerning the Insular Areas;
(b) solicit information and advice concerning the Insular Areas from the Governors of, and other elected officials in, the Insular Areas (including through at least one meeting each year with any Governors of the Insular Areas who may wish to attend) in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation;
(c) solicit information and advice concerning the Insular Areas, as the IGIA determines appropriate, from representatives of entities or other individuals in a manner that seeks their individual advice and does not involve collective judgment, or consensus advice or deliberation;
(d) solicit information from executive departments or agencies for purposes of carrying out its mission; and
(e) at the request of the head of any executive department or agency who is a member of the IGIA, with the approval of the Co-Chairs, promptly review and provide advice on a policy or policy implementation action affecting the Insular Areas proposed by that department or agency.
(a) submit annually to the President a report containing recommendations regarding the establishment or implementation of policies concerning the Insular Areas; and
(b) provide to the President, from time to time, as appropriate, recommendations concerning proposed or existing Federal programs and policies affecting the Insular Areas.
(a) The heads of executive departments and agencies shall assist and provide information to the IGIA, consistent with applicable law, as may be necessary to carry out the functions of the IGIA. Each executive department and agency shall bear its own expenses of participating in the IGIA.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof, or the status of that department or agency within the Federal Government; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order shall supersede Executive Order 13299 of
(e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Nothing in title 23 of the Revised Statutes shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. As used herein, the term “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Title 23 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title XXIII of the Revised Statutes, consisting of R.S. §§ 1839 to 1976, and which, insofar as classified to the Code, is classified to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and to sections 644 to 647, 649, and 655 to 657 of Title 16, Conservation. For complete classification of R.S. §§ 1839 to 1976 to the Code, see Tables.
R.S. § 1839 derived from N.M., act Sept. 9, 1850, ch. 49, § 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., act Feb. 28, 1861, ch. 59, § 1, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. 56, § 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, § 1, 12 Stat. 808. Mont., act May 26, 1864, ch. 95, § 1, 13 Stat. 85. Wyo., act July 25, 1868, ch. 235, § 1, 15 Stat. 178.
1983—Pub. L. 98–213 inserted provisions excluding from the term “Territory” the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Nor shall anything in title 23 of the Revised Statutes be construed to affect the authority of the United States to make any regulations respecting the Indians of any Territory, their lands, property, or rights, by treaty, law, or otherwise, in the same manner as might be made if no temporary government existed, or is hereafter established, in any such Territory. As used herein, the term “Territory” does not include the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Title 23 of the Revised Statutes, referred to in text, was in the original “this Title”, meaning title 23 of the Revised Statutes, consisting of R.S. §§ 1839 to 1976, and which, insofar as classified to the Code, is classified to sections 1451 to 1455, 1457 to 1460a, 1463, 1463a, 1465, 1467 to 1470, 1480, and 1482 to 1485 of this title and to sections 644 to 647, 649, and 655 to 657 of Title 16, Conservation. For complete classification of R.S. §§ 1839 to 1976 to the Code, see Tables.
R.S. § 1840 derived from N.M., act Sept. 9, 1850, ch. 49, § 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., act Feb. 28, 1861, ch. 59, § 1, 12 Stat. 172. Dak., act Mar. 2, 1861, ch. 86, § 1, 12 Stat. 239. Ariz., act Feb. 24, 1863, ch. 56, § 1, 12 Stat. 664. Idaho, act Mar. 3, 1863, ch. 117, § 1, 12 Stat. 808. Mont., act May 26, 1864, ch. 95, § 1, 13 Stat. 85. Wyo., act July 25, 1868, ch. 235, § 1, 15 Stat. 178.
1983—Pub. L. 98–213 inserted provisions excluding from the term “Territory” the Virgin Islands, Puerto Rico, American Samoa, Guam, or the Northern Mariana Islands.
Section 1453, R.S. § 1841, related to powers, duties and term of office of governor of each Territory, in whom the executive power was vested.
Section 1453a, R.S. § 1873, related to temporary definition by proclamation, by governor, of judicial districts of such Territory, and assignment of judges appointed for such Territory to several districts as well as fixing of times and places for holding courts.
Section 1454, R.S. § 1843, related to appointment and term of office of Secretary appointed for each Territory, and duties in case of death, removal, resignation or absence of governor from Territory.
Section 1455, R.S. § 1844, related to duties of secretary regarding recordation, preservation, and publication of all laws and proceedings of legislative assembly and governor in executive department.
Section, acts June 20, 1874, ch. 328, § 1, 18 Stat. 99; June 10, 1921, ch. 18, § 215, 42 Stat. 23, made it duty of secretary of each Territory to furnish annual estimates for expenses to Secretary of the Treasury.
Section 1457, R.S. § 1855, prohibited making or enforcement of any law of any Territorial legislature by which the governor, secretary or members or officers of any Territorial legislature are paid any compensation other than that provided by the laws of the United States.
Section 1458, R.S. § 1857, related to appointment or election of all township, district and county officers, except justices of the peace and general officers of the militia, and the appointment of all other officers by the governor, except in first instance where a new Territory is created, all officers to be appointed by the governor.
Section 1459, R.S. § 1858, related to filling of vacancies, during recess of legislative council, of offices which, under organic act of any Territory, were required to be filled by governor with the advice and consent of such council.
Section 1460, R.S. § 1860; Mar. 3, 1883, ch. 134, 22 Stat. 567; July 31, 1939, ch. 399, 53 Stat. 1143, related to qualification of voters at all elections subsequent to first election, in any newly created Territory, as well as at all elections in Territories already organized.
Section 1460a, R.S. § 1854; Feb. 22, 1889, ch. 180, 25 Stat. 676;
Section 1461, act Mar. 22, 1882, ch. 47, § 8, 22 Stat. 31, prohibited polygamists, bigamists, etc., from voting or holding office in any Territory.
Section 1462, act June 19, 1878, ch. 329, § 1, 20 Stat. 193, related to number and compensation of subordinate officers of each branch of Territorial legislature.
Section 1463, R.S. § 1868, related to chancery and common-law jurisdiction of supreme and district courts.
Section 1463a, R.S. § 1864, related to membership, quorum, and term of office of supreme court of every Territory.
Section 1464, act Apr. 7, 1874, ch. 80, § 1, 18 Stat. 27, confirmed right to mingle exercise of common-law and chancery jurisdiction in courts of several Territories, provided no party was deprived of right to trial by jury in cases cognizable at common law.
Section 1465, R.S. § 1878, related to oath of office, and certification thereof, by governor, secretary, chief justice, associate justices and all other civil officers.
Section 1466, act May 1, 1876, ch. 88, 19 Stat. 43, related to time when payment of salaries of all officers of the Territories was to commence.
Section 1467, R.S. § 1883; Pub. L. 90–578, title IV, § 402(b)(2),
Section 1468, R.S. § 1884; June 10, 1921, ch. 18, § 304, 42 Stat. 24, prohibited payment of salaries to any officer of a Territory absent therefrom, unless good cause was shown to the President.
Section 1469, R.S. § 1886; June 10, 1921, ch. 18, § 304, 42 Stat. 24, related to accounts and disbursements of Territories for support of government.
Section 1469–1, act Mar. 4, 1915, ch. 141, § 1, 38 Stat. 1021; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24, related to transmittal of accounts and vouchers relating to expenditure of appropriations for government in Territories to Secretary of the Interior for administrative examination and by him to General Accounting Office.
1978—Pub. L. 95–348, § 9(1), in introductory provision inserted “, notwithstanding any provision of law to the contrary,” after “Congress”.
Subsec. (a). Pub. L. 95–348, § 9(2), substituted “Any” for “Notwithstanding any provision of law to the contrary, any”.
Pub. L. 99–396, § 12(a),
Pub. L. 96–205, title VI, § 601,
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Pursuant to the terms of the Organic Act of Guam (64 Stat. 384), as amended [48 U.S.C. 1421 et seq.]; the Joint resolution to Approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (90 Stat. 263), as amended [48 U.S.C. 1801 et seq.]; the Puerto Rican Federal Relations Act (64 Stat. 319), as amended and supplemented [48 U.S.C. 731 et seq.]; and the Revised Organic Act of the Virgin Islands (86 1
The Organic Act of Guam, referred to in text, is act Aug. 1, 1950, ch. 512, 64 Stat. 384, which is classified generally to chapter 8A (§ 1421 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1421 of this title and Tables.
The Joint resolution to Approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is Pub. L. 94–241,
The Puerto Rican Federal Relations Act, referred to in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, also known as the Jones Act, which is classified principally to chapter 4 (§ 731 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
The Revised Organic Act of the Virgin Islands, referred to in text, is act July 22, 1954, ch. 558, 68 Stat. 497, which is classified principally to chapter 12 (§ 1541 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
The Act to authorize appropriations for certain insular areas of the United States, and for other purposes (92 Stat. 487), referred to in text, is Pub. L. 95–348,
Public Law 99–177, referred to in text, is Pub. L. 99–177,
Public Law 99–366, referred to in text, is Pub. L. 99–366,
All financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31.
Herein provided for, referred to in text, means provided for in the appropriation act cited as the credit to this section.
Section is from the appropriation act cited as the credit to this section.
Provisions similar to those in this section were contained in the following prior appropriations acts:
Pub. L. 117–328, div. G, title I,
Pub. L. 117–103, div. G, title I,
Pub. L. 116–260, div. G, title I,
Pub. L. 116–94, div. D, title I,
Pub. L. 116–6, div. E, title I,
Pub. L. 115–141, div. G, title I,
Pub. L. 115–31, div. G, title I,
Pub. L. 114–113, div. G, title I,
Pub. L. 113–235, div. F, title I,
Pub. L. 113–76, div. G, title I,
Pub. L. 112–74, div. E, title I,
Pub. L. 111–88, div. A, title I,
Pub. L. 111–8, div. E, title I,
Pub. L. 110–161, div. F, title I,
Pub. L. 109–54, title I,
Pub. L. 108–447, div. E, title I,
Pub. L. 108–108, title I,
Pub. L. 108–7, div. F, title I,
Pub. L. 107–63, title I,
Pub. L. 106–291, title I,
Pub. L. 106–113, div. B, § 1000(a)(3) [title I],
Pub. L. 105–277, div. A, § 101(e) [title I],
Pub. L. 105–83, title I,
Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Pub. L. 104–134, title I, § 101(c) [title I],
Pub. L. 103–332, title I,
Pub. L. 103–138, title I,
Pub. L. 102–381, title I,
Pub. L. 102–154, title I,
Pub. L. 101–512, title I,
Pub. L. 101–121, title I,
Pub. L. 100–446, title I,
Pub. L. 100–202, § 101(g) [title I],
Pub. L. 99–500, § 101(h) [title I],
Pub. L. 99–190, § 101(d) [title I],
Pub. L. 98–473, title I, § 101(c) [title I],
Pub. L. 98–146, title I,
Pub. L. 97–394, title I,
Pub. L. 97–100, title I,
Pub. L. 96–514, title I,
Pub. L. 96–126, title I,
Pub. L. 95–465, title I,
To the extent practicable, services, facilities, and equipment of agencies and instrumentalities of the United States Government may be made available, on a reimbursable basis, to the governments of the territories and possessions of the United States and the Trust Territory of the Pacific Islands. Reimbursements may be credited to the appropriation or fund of the agency or instrumentality through which the services, facilities, and equipment are provided. If otherwise authorized by law, such services, facilities, and equipment may be made available without reimbursement.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
The Secretary of the Interior is authorized to extend to the governments of American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands, and their agencies and instrumentalities, with or without reimbursement, technical assistance on subjects within the responsibility of the respective territorial governments. Such assistance may be provided by the Secretary of the Interior through members of his staff, reimbursements to other departments or agencies of the Federal Government under sections 1535 and 1536 of title 31, grants to or cooperative agreements with such governments, agreements with Federal agencies or agencies of State or local governments, or the employment of private individuals, partnerships, or corporations. Technical assistance may include research, planning assistance, studies, and demonstration projects.
The Secretary of the Interior is further authorized to provide technical assistance to, and maintenance of agricultural plantings and physical facilities for, the peoples from Enewetak Atoll and Bikini Atoll, as well as for the purchase of food and equipment and for the transportation of such food, equipment and persons as he deems necessary and appropriate until such areas produce sufficient food to fully sustain the residents after resettlement. This provision shall not cease to be applicable either before or after the termination of the trusteeship without the express approval of the United States Congress.
The Secretary of Agriculture is authorized to extend, in his discretion, programs administered by the Department of Agriculture to Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, and American Samoa (hereinafter called the territories). Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to waive or modify any statutory requirements relating to the provision of assistance under such programs when he deems it necessary in order to adapt the programs to the needs of the respective territory: Provided, That not less than sixty days prior to extending any program pursuant to this section or waiving or modifying any statutory requirement pursuant to this section, the Secretary of Agriculture shall notify the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate of his proposed action together with an explanation of why his action is necessary and the anticipated benefits to each territory affected. Such programs shall be carried out in cooperation with the respective governments of the territories and shall be covered by a memorandum of understanding between the respective territorial government and the Department of Agriculture. Any sums appropriated pursuant to this paragraph shall be allocated to the agencies of the Department of Agriculture concerned with the administration of programs in the territories.
Effective
In subsec. (a), “sections 1535 and 1536 of title 31” substituted in text for “the Economy Act (31 U.S.C. 686)” on authority of Pub. L. 97–258, § 4(b),
1994—Subsec. (c). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
The Governments of the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands are authorized to make purchases through the General Services Administration.
Similar provisions relating to the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, were classified to sections 1401f, 1423l, 1665, and 1682, respectively, of this title.
2016—Pub. L. 114–187 amended text generally. Prior to amendment, text read as follows: “The Governments of American Samoa, Guam, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands are authorized to make purchases through the General Services Administration.”
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Section, R.S. § 1888, prohibited any Territorial legislative assembly from exceeding amount appropriated by Congress for its annual expenses.
Section, act
June 13, 1956, ch. 380, title I, 70 Stat. 264.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
Section 1471, act July 30, 1886, ch. 818, § 1, 24 Stat. 170, prohibited legislatures of Territories of the United States from passing local or special laws in certain enumerated cases.
Section 1472, acts July 30, 1886, ch. 818, § 4, 24 Stat. 171; Aug. 22, 1911, ch. 43, 37 Stat. 33, related to limitations on indebtedness of political or municipal corporations and county or other subdivisions in any Territory.
Section 1473, act July 30, 1886, ch. 818, § 3, 24 Stat. 171, limited authority of Territorial legislature to contract any debt by or on behalf of such Territory to certain enumerated cases.
Section 1474, act July 19, 1888, ch. 679, § 2, 25 Stat. 336, related to creation by Territorial legislatures of new counties and location of county seats.
Section 1475, act July 30, 1886, ch. 818, § 2, 24 Stat. 171, prohibited Territorial legislature or political subdivision thereof from subscribing to capital stock of, or loaning its credit to, any incorporated company or association.
Section 1476, act Mar. 4, 1898, ch. 35, 30 Stat. 252, authorized issuance of bonds by chartered municipal corporations for sanitary and health purposes, free of certain debt limitations.
Section 1477, act June 6, 1900, ch. 820, 31 Stat. 683, authorized issuance of bonds by chartered municipal corporations for erection of city buildings, free of certain debt limitations.
Section 1478, act July 30, 1886, ch. 818, § 6, 24 Stat. 171, prohibited construction of any provision to abridge power of Congress from annulling any law of a Territorial legislature, or modifying any existing law of Congress requiring that laws of any Territory be submitted to Congress.
Section 1479, act July 30, 1886, ch. 818, § 7, 24 Stat. 171, declared null and void any acts passed by any Territorial legislature after
Section 1480, R.S. § 1890, related to right of religious corporations to hold real estate.
Section 1480a, act Mar. 3, 1887, ch. 397, § 26, 24 Stat. 641, related to real estate necessary for use of congregations.
Section 1480b, act Sept. 22, 1950, ch. 986, 64 Stat. 905, related to inapplicability of sections 1480 and 1480a to Alaska.
Pub. L. 95–584, § 2,
Section 1481, act June 16, 1880, ch. 235, 21 Stat. 277, related to care and custody of convicts.
Section 1482, R.S. § 1892, placed any penitentiary erected or to be erected under care and control of marshal of the United States for Territory or District in which situated.
Section 1483, R.S. § 1893, related to promulgation of rules and regulations by Attorney General of the United States for government of such penitentiaries, and compensation of marshals and their deputies.
Section 1484, R.S. § 1894, related to charging compensation and subsistence and employment expenses of offenders sentenced to imprisonment in such penitentiaries.
Section 1485, R.S. § 1895, related to imprisonment at cost of Territory in such penitentiaries of persons convicted for violation of laws of Territory.
Section, acts Apr. 29, 1902, ch. 637, 32 Stat. 172; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695 eff.
Repeal of section effective 180 days after
Section 1487, act June 22, 1874, ch. 388, 18 Stat. 135, related to calling of an extraordinary session of Territorial legislature with approval of President of the United States.
Section 1488, act Apr. 16, 1880, ch. 56, 21 Stat. 74, related to filling of vacancies in office of justice of the peace by appointment or election, until a successor was regularly elected and qualified as provided by law.
On and after
Reference to Philippine Islands omitted in view of independence of Philippines proclaimed by President of United States in Proc. No. 2695, set out under section 1394 of Title 22, Foreign Relations and Intercourse, and issued pursuant to section 1394 of Title 22.
Section, R.S. § 1891, related to application of United States Constitution and laws to all organized Territories and in every Territory subsequently organized. Insofar as Territories of Alaska and Hawaii are concerned, it is covered by sections 23 and 495 of this title.
Act July 1, 1902, ch. 1369, § 1, 32 Stat. 691, which was also cited as a credit to this section, and which was not repealed by the act of
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
The Secretary of Energy or any administrative official who may succeed him, with the approval of the Secretary of the Interior, as part of the comprehensive energy planning may demonstrate those indigenous renewable energy technologies which are determined to be most cost effective through the use of existing programs and may implement any projects or programs contained in recommendations of the plan.
There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
2005—Subsec. (a)(5), (6). Pub. L. 109–58, § 251(1), (2), added pars. (5) and (6).
Subsec. (e). Pub. L. 109–58, § 251(3), amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Within two years from
Subsec. (g)(4). Pub. L. 109–58, § 251(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Notwithstanding the requirements of section 1469a(d) of this title, the Secretary shall require at least 20 percent of the costs of any project under this subsection to be provided from non-Federal sources. Such cost sharing may be in the form of in-kind services, donated equipment, or any combination thereof.”
1992—Subsec. (g). Pub. L. 102–486 added subsec. (g).
1983—Subsec. (d). Pub. L. 98–213 inserted “and may implement any projects or programs contained in recommendations of the plan”.
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
The term “comprehensive energy plan” means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 1492 of this title.
The term “energy action plan” means the plan required by subsection (d).
The term “Freely Associated States” means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
The term “insular areas” means American Samoa, the Commonwealth of the Northern Mariana Islands, Puerto Rico, Guam, and the Virgin Islands.
The term “Secretary” means the Secretary of the Interior, except that, with respect to Puerto Rico, the term means, the Secretary of Energy.
The term “team” means the team established by the Secretary under subsection (b).
In establishing the team, the Secretary shall consider including regional utility organizations.
Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan.
Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team.
The energy action plan shall not be implemented until the Secretary approves the energy action plan.
Section is from the Consolidated and Further Continuing Appropriations Act, 2015.
2016—Subsec. (a)(5). Pub. L. 114–187, § 505(d)(1), inserted “, except that, with respect to Puerto Rico, the term means, the Secretary of Energy” after “Secretary of the Interior”.
Subsec. (b). Pub. L. 114–187, § 505(d)(2), in introductory provisions, inserted “(except in the case of Puerto Rico, in which case not later than 270 days after
Section effective on ninetieth day following
The purposes of sections 1494 to 1494c of this title are to improve enforcement of drug laws and enhance interdiction of illicit drug shipments in the Caribbean and Pacific territories and commonwealths of the United States and the Trust Territory of the Pacific Islands (or successor governments) and to assist public and private sector drug abuse and other substance prevention and treatment programs in United States associated insular areas.
1988—Pub. L. 100–690 inserted “and the Trust Territory of the Pacific Islands (or successor governments)” after “commonwealths of the United States”, “and other substance” before “prevention”, and “associated” before “insular areas.”.
Pub. L. 100–690, title IX, § 9301(a),
Pub. L. 99–570, title V, § 5001,
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
The annual reports required by subsection (a) shall be transmitted to the Committee on Natural Resources of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate not later than the first day of October each year.
1994—Subsec. (b). Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the United States House”.
1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and inserted heading, inserted “, the Trust Territory of the Pacific Islands,” before “and states” in par. (1) and after “territories” in two places in par. (2), and added subsec. (b).
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
The Controlled Substances Import and Export Act, referred to in subsecs. (a)(1)(C), (c)(1)(C), is title III of Pub. L. 91–513,
Sections 1494 to 1494c of this title, referred to in subsecs. (a)(3), (b)(2), (c)(3), (d)(1), (e)(1), and (f)(1), (2), was in the original “this Act”, and was translated as reading “this subtitle” meaning subtitle A of title V of Pub. L. 99–570 to reflect the probable intent of Congress. See Short Title note set out under section 1494 of this title.
1988—Subsec. (a)(2). Pub. L. 100–690, § 9302(1), substituted “Secretaries of Education and” for “Secretary of” and inserted “, as appropriate,” after “States”, “and, upon request of the Government of American Samoa, shall” after “are authorized to”, “and other personnel” after “officers”, and “or other substance” after “drug”.
Subsec. (a)(3). Pub. L. 100–690, § 9302(2), substituted “$350,000 for fiscal year 1989 and annually thereafter for grants to the Government of American Samoa to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services” for “$700,000” and “sections 1494 to 1494c of this title” for “this subsection”.
Subsec. (a)(4). Pub. L. 100–690, § 9302(3), added par. (4).
Subsec. (b)(1). Pub. L. 100–690, § 9303(1), substituted “Secretaries of Education and” for “Secretary of” and inserted “and, upon request of the Government of Guam, shall provide appropriate training,” after “may provide” and “or other substance” after “drug”.
Subsec. (b)(2). Pub. L. 100–690, § 9303(2), substituted “$500,000 for fiscal year 1989 and annually thereafter for grants to the Government of Guam to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to carry out the purposes of sections 1494 to 1494c of this title, to” for “$1,000,000 to carry out paragraph (1). Funds appropriated under this paragraph shall”.
Subsec. (b)(3). Pub. L. 100–690, § 9303(3), added par. (3).
Subsec. (c)(2). Pub. L. 100–690, § 9304(1), substituted “The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are authorized to and, upon request of the Government of the Northern Mariana Islands, shall” for “The Attorney General of the United States and the Secretary of Health and Human Services, as appropriate, are authorized to” in introductory provisions, inserted “and other personnel” after “officers” in subpar. (A), and inserted “or other substance” after “drug” in subpar. (B).
Subsec. (c)(3). Pub. L. 100–690, § 9304(2), substituted “$125,000 for fiscal year 1989 and annually thereafter for grants to the Government of the Northern Mariana Islands to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services” for “$250,000” and “sections 1494 to 1494c of this title” for “this subsection”.
Subsec. (d)(1). Pub. L. 100–690, § 9305(1), substituted “Puerto Rico $7,000,000 for fiscal year 1989 and $2,000,000 annually thereafter for grants to the Government of Puerto Rico to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Executive Director of the White House Task Force on Puerto Rico in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended.” for “Puerto Rico—
“(A) $3,300,000 for the purchase of 2 helicopters;
“(B) $3,500,000 for the purchase of an aircraft; and
“(C) $1,000,000 for the purchase and maintenance of 5 high-speed vessels.
Sums appropriated under this paragraph shall remain available until expended.”
Subsec. (d)(4)(A). Pub. L. 100–690, § 9305(2), substituted “Secretaries of Education and” for “Secretary of” and inserted “and, upon request of the Government of Puerto Rico, shall provide appropriate training,” after “may provide” and “or other substance” after “drug”.
Subsec. (e)(1). Pub. L. 100–690, § 9306(b)(1), substituted “Virgin Islands, $2,000,000 for fiscal year 1990 and annually thereafter to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended.” for “Virgin Islands—
“(A) $3,000,000 for 2 patrol vessels, tracking equipment, supplies, and agents, and
“(B) $1,000,000 for programs to prevent and treat narcotics abuse, such sums to remain available until expended.”
Subsec. (e)(2). Pub. L. 100–690, § 9306(b)(2), substituted “shall” for “should”.
Subsec. (e)(3)(A). Pub. L. 100–690, § 9306(b)(3), substituted “Secretaries of Education and” for “Secretary of” and inserted “and, upon request of the Government of the Virgin Islands, shall provide appropriate training,” after “may provide” and “or other substance” after “drug”.
Subsec. (e)(4), (5). Pub. L. 100–690, § 9306(b)(4), added pars. (4) and (5).
Subsec. (f). Pub. L. 100–690, § 9307, added subsec. (f).
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
To assist in the enforcement of the controlled substances laws of the United States in coordination with law enforcement officers in insular areas in the eastern Caribbean and in the central and western Pacific, the Administrator of the Drug Enforcement Administration shall assign appropriate personnel and other resources to the Virgin Islands and Guam.
No alien or person who is not a citizen of the United States, or who has not declared his intention to become a citizen of the United States in the manner provided by law shall acquire title to or own any land in any of the Territories of the United States except as hereinafter provided. The prohibition of this section shall not apply to cases in which the right to hold or dispose of lands in the United States is secured by existing treaties to citizens or subjects of foreign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer.
Section was formerly classified to section 71 of Title 8, Aliens and Nationality.
This chapter shall not apply to land owned in any of the Territories of the United States by aliens, which was acquired on or before
Section was formerly classified to section 72 of Title 8, Aliens and Nationality.
This chapter shall not prevent aliens from acquiring lands or any interests therein by inheritance or in the ordinary course of justice in the collection of debts, nor from acquiring liens on real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforcing any such lien, nor from acquiring and holding title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter be fixed, or upon which a loan of money may have been heretofore or hereafter may be made and secured. All lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the United States and be forfeited as provided in sections 1504 to 1507 of this title.
Section was formerly classified to section 73 of Title 8, Aliens and Nationality.
Any alien who shall hold lands in any of the Territories of the United States in contravention of the provisions of this chapter may nevertheless convey his title thereto at any time before the institution of escheat proceedings as hereinafter provided. If any such conveyance shall be made by such alien, either to an alien or to a citizen of the United States, in trust and for the purpose and with the intention of evading the provisions of this chapter, such conveyance shall be null and void, and any such lands so conveyed shall be forfeited and escheat to the United States.
Section was formerly classified to section 74 of Title 8, Aliens and Nationality.
It shall be the duty of the Attorney General of the United States, when he shall be informed or have reason to believe that lands in any of the Territories of the United States are being held contrary to the provisions of this chapter, to institute or cause to be instituted suit in behalf of the United States in the district court of the Territory in the district where such land or a part thereof may be situated, praying for the escheat of the same on behalf of the United States to the United States. Before any such suit is instituted the Attorney General shall give or cause to be given ninety days’ notice by registered letter of his intention to sue, or by personal notice directed to or delivered to the owner of said land, or the person who last rendered the same for taxation, or his agent, and to all other persons having an interest in such lands of which he may have actual or constructive notice. In the event personal notice cannot be obtained in some one of the modes above provided, then said notice shall be given by publication in some newspaper published in the county where the land is situate, and if no newspaper is published in said county then the said notice shall be published in some newspaper nearest said county.
Section was formerly classified to section 75 of Title 8, Aliens and Nationality.
If it shall be determined upon the trial of any such escheat proceedings that the lands are held contrary to the provisions of this chapter, the court trying said cause shall render judgment condemning such lands and shall order the same to be sold as under execution; and the proceeds of such sale, after deducting costs of such suit, shall be paid to the clerk of such court so rendering judgment, and said fund shall remain in the hands of such clerk for one year from the date of such payment, subject to the order of the alien owner of such lands, or his heirs or legal representatives; and if not claimed within the period of one year, such clerk shall pay the same into the treasury of the Territory in which the lands may be situated, for the benefit of the available school fund of said Territory. The defendant in any such escheat proceedings may, at any time before final judgment, suggest and show to the court that he has conformed with the law, either becoming a bona fide resident of the United States, or by declaring his intention of becoming a citizen of the United States, or by the doing or happening of any other act which, under the provisions of this chapter, would entitle him to hold or own real estate, which being admitted or proved, such suit shall be dismissed on payment of costs and a reasonable attorney fee to be fixed by the court.
Section was formerly classified to section 76 of Title 8, Aliens and Nationality.
This chapter shall not in any manner be construed to authorize aliens to acquire title from the United States to any of the public lands of the United States or to in any manner affect or change the laws regulating the disposal of the public lands of the United States.
Act
Section was formerly classified to section 77 of Title 8, Aliens and Nationality.
Aliens shall have the same rights and privileges concerning the acquisition, holding, owning, and disposition of real estate in the District of Columbia as are conferred upon aliens in respect of real estate in the Territories of the United States by this chapter.
Section was formerly classified to section 78 of Title 8, Aliens and Nationality.
Section was not enacted as part of act Mar. 3, 1887, ch. 340, 24 Stat. 476, which comprises this chapter.
Act Feb. 23, 1905, ch. 733, § 2, 33 Stat. 733, repealed all laws and parts of laws so far as they conflict with the provisions of this section.
Sections 1509 to 1512, relating to Territory of Hawaii, were omitted in view of the admission of Hawaii into the Union. Sections were formerly classified to sections 83 to 86 of Title 8, Aliens and Nationality.
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, ch. 42, § 304, 42 Stat. 117, set out requirements for aliens who would be entitled to receive any certificate of occupation, right of purchase lease, cash freehold agreement, or special homestead agreement in public lands in Hawaii. Section was also classified to section 667 of this title.
Section 1510, acts Apr. 30, 1900, ch. 339, § 73(g), 31 Stat. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 304, 42 Stat. 117, restricted conveyance or other transfer of public lands in Hawaii to aliens. Section was also classified to section 668 of this title.
Section 1511, acts Apr. 30, 1900, ch. 338, § 73(j), 31 Stat. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 306, 42 Stat. 118, gave commissioner, with approval of governor, the right to give preferences in purchasing of public lands. Section was also classified to section 671 of this title.
Section 1512, acts Apr. 30, 1900, ch. 339, § 73(l), 31 Stat. 154; May 27, 1910, ch. 258, § 5, 36 Stat. 444; July 9, 1921, ch. 42, § 308, 42 Stat. 118, authorized sale of agricultural land in Hawaii for residential purposes to persons declaring intention to become citizens. Section was also classified to section 673 of this title.
Pub. L. 94–584,
The provisions of this chapter and the name “Virgin Islands” as used in this chapter, shall apply to and include the territorial domain, islands, cays, and waters acquired by the United States through cession of the Danish West Indian Islands by the convention between the United States of America and His Majesty the King of Denmark entered into
The government of the Virgin Islands shall have the powers set forth in this chapter and shall have the right to sue by such name and in cases arising out of contract, to be sued: Provided, That no tort action shall be brought against the government of the Virgin Islands or against any officer or employee thereof in his official capacity without the consent of the legislature constituted by this chapter.
The capital and seat of government of the Virgin Islands shall be located at the city of Charlotte Amalie, in the island of Saint Thomas.
The relations between such government and the Federal Government in all matters not the program responsibility of another Federal department or agency shall be under the general administrative supervision of the Secretary of the Interior.
This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which enacted this chapter, amended sections 104 and 111 of Title 21, Food and Drugs, and section 3350 of former Title 26, Internal Revenue Code (see section 7652(b)(3) of Title 26), and enacted provisions set out as notes under this section. For complete classification of this Act to the Code, see Short Title note below and Tables.
1968—Subsec. (c). Pub. L. 90–496 added subsec. (c).
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Act July 22, 1954, ch. 558, § 34, 68 Stat. 510, provided that:
Pub. L. 90–496, § 17,
Pub. L. 86–289, § 1,
Act July 22, 1954, ch. 558, § 1, 68 Stat. 497, provided that:
Act July 22, 1954, ch. 558, § 36, 68 Stat. 510, provided that:
Pub. L. 114–224, “This Act may be cited as the ‘Virgin Islands of the United States Centennial Commission Act’. “There is established a commission to be known as the ‘Virgin Islands of the United States Centennial Commission’ (in this Act referred to as the ‘Commission’). “The Commission shall terminate on “No Federal funds are authorized or may be obligated to carry out this Act.”
Pub. L. 97–21,
Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.
1970—Pub. L. 91–460 designated existing provisions as subsec. (a) and added subsec. (b).
All members of the Legislature of the Virgin Islands, the Governor, the Lieutenant Governor, all judges and all officials of the government of the Virgin Islands who report directly to the Governor shall be citizens of the United States.
1983—Pub. L. 98–213 amended section generally, substituting provisions requiring United States citizenship for all members of the Legislature of the Virgin Islands, the Governor, Lieutenant Governor and all officials who report directly to the Governor for provisions requiring such citizenship for all officers of the Virgin Islands, and struck out provisions requiring written oaths and prescribing the oath.
All reports required by law to be made by the Governor to any official of the United States shall hereafter be made to the Secretary of the Interior, and the President is authorized to place all matters pertaining to the government of the Virgin Islands under the jurisdiction of the Secretary of the Interior, except matters relating to the judicial branch of said government which on
Public Law 93–435 (88 Stat. 1210), referred to in subsec. (b)(2), is Pub. L. 93–435,
1980—Subsec. (b). Pub. L. 96–205 designated existing provisions as par. (1) and added par. (2).
1974—Subsec. (b). Pub. L. 93–435 substituted provisions conveying to the government of Virgin Islands title in lands now under its control with power to the Secretary of the Interior to reserve rights to the United States within 120 days after
Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.
There are authorized to be appropriated annually by the Congress of the United States such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter.
No law shall be enacted in the Virgin Islands which shall deprive any person of life, liberty, or property without due process of law or deny to any person therein equal protection of the laws.
In all criminal prosecutions the accused shall enjoy the right to be represented by counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy, and public trial, to be confronted with the witnesses against him, and to have compulsory process for obtaining witnesses in his favor.
No person shall be held to answer for a criminal offense without due process of law, and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal cause to give evidence against himself; nor shall any person sit as judge or magistrate in any case in which he has been engaged as attorney or prosecutor.
All persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
No law impairing the obligation of contracts shall be enacted.
No person shall be imprisoned or shall suffer forced labor for debt.
All persons shall have the privilege of the writ of habeas corpus and the same shall not be suspended except as herein expressly provided.
No ex post facto law or bill of attainder shall be enacted.
Private property shall not be taken for public use except upon payment of just compensation ascertained in the manner provided by law.
The right to be secure against unreasonable searches and seizures shall not be violated.
No warrant for arrest or search shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Slavery shall not exist in the Virgin Islands.
Involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted by a court of law, shall not exist in the Virgin Islands.
No law shall be passed abridging the freedom of speech or of the press or the right of the people peaceably to assembly 1
No law shall be made respecting an establishment of religion or prohibiting the free exercise thereof.
No person who advocates, or who aids or belongs to any party, organization, or association which advocates, the overthrow by force or violence of the government of the Virgin Islands or of the United States shall be qualified to hold any office of trust or profit under the government of the Virgin Islands.
No money shall be paid out of the Virgin Islands treasury except in accordance with an Act of Congress or money bill of the legislature and on warrant drawn by the proper officer.
The contracting of polygamous or plural marriages is prohibited.
The employment of children under the age of sixteen years in any occupation injurious to health or morals or hazardous to life or limb is prohibited.
Nothing contained in this chapter shall be construed to limit the power of the legislature herein provided to enact laws for the protection of life, the public health, or the public safety.
No political or religious test other than an oath to support the Constitution and the laws of the United States applicable to the Virgin Islands, and the laws of the Virgin Islands, shall be required as a qualification to any office or public trust under the Government of the Virgin Islands.
The following provisions of and amendments to the Constitution of the United States are hereby extended to the Virgin Islands to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; article VI, clause 3; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments: Provided, however, That all offenses against the laws of the United States and the laws of the Virgin Islands which are prosecuted in the district court pursuant to sections 2
All laws enacted by Congress with respect to the Virgin Islands and all laws enacted by the territorial legislature of the Virgin Islands which are inconsistent with the provisions of this subsection 2 are repealed to the extent of such inconsistency.
This chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
1984—Pub. L. 98–454 substituted provisions to the effect that offenses prosecuted under section 1612(a) and (c) of this title shall be prosecuted by indictment or information while those prosecuted under section 1612(b) of this title shall be prosecuted by information only, for provisions which provided that all prosecutions would be by information except where provided otherwise by local laws in the proviso in penultimate par.
1983—Pub. L. 98–213 inserted “article VI, clause 3;” in penultimate par.
1968—Pub. L. 90–496 inserted provisions extending to the Virgin Islands the enumerated provisions of and amendments to the Constitution of the United States, and provisions repealing, to the extent of any inconsistency, all laws enacted by Congress with respect to the Virgin Islands and all laws enacted by the territorial legislature of the Virgin Islands which are inconsistent with the provisions of this section.
1958—Pub. L. 85–851 prohibited political or religious test but required loyalty oath as qualification to any office or public trust.
Amendment by Pub. L. 98–454 effective on ninetieth day following
Pub. L. 90–496, § 11,
The legislative power and authority of the Virgin Islands shall be vested in a legislature, consisting of one house, to be designated the “Legislature of the Virgin Islands”, herein referred to as the legislature.
The legislature shall be composed of members to be known as senators. The number of such senators shall be determined by the laws of the Virgin Islands. The apportionment of the legislature shall be as provided by the laws of the Virgin Islands: Provided, That such apportionment shall not deny to any person in the Virgin Islands the equal protection of the law: And provided further, That every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election as the case may be. Until the legislature shall provide otherwise, four members shall be elected at large, five shall be elected from the District of Saint Thomas, five from the District of Saint Croix, and one from the District of Saint John, as those Districts were constituted on
2000—Subsec. (b). Pub. L. 106–364 struck out “fifteen” after “composed of” in first sentence and inserted “The number of such senators shall be determined by the laws of the Virgin Islands.” after first sentence.
1966—Subsec. (b). Pub. L. 89–548 raised from eleven to fifteen the total number of senators in the legislature, substituted provision that the legislature be apportioned according to the laws of the Virgin Islands for provisions spelling out the division of the Virgin Islands into districts, the composition of each such district, and the district and at-large representation breakdown of the senators in the legislature, struck out provision for the casting of a ballot for two candidates by each elector in at-large elections and the drawing of lots to determine placement on the ballot in at-large elections, prohibited apportionment in a way which would deny equal protection of the law, and provided for temporary apportionment until the legislature provided otherwise from the districts as constituted on
Pub. L. 89–548, § 2,
The term of office of each member of the legislature shall be two years. The term of office of each member shall commence on the second Monday in January following his election: Provided, however, That the term of office of each member elected in November 1958 shall commence on the second Monday in April 1959 and shall continue until the second Monday in April 1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963.
No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. Federal employees and persons employed in the legislative, executive or judicial branches of the government of the Virgin Islands shall not be eligible for membership in the legislature.
All officers and employees charged with the duty of directing the administration of the electoral system of the Virgin Islands and its representative districts shall be appointed in such manner as the legislature may by law direct: Provided, however, That members of boards of elections, which entities of government have been duly organized and established by the government of the Virgin Islands, shall be popularly elected.
No member of the legislature shall be held to answer before any tribunal other than the legislature for any speech or debate in the legislature and the members shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the sessions of the legislature and in going to and returning from the same.
Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appropriated by, and paid out of funds of, the government of the Virgin Islands.
No member of the legislature shall hold or be appointed to any office which has been created by the legislature, or the salary or emoluments of which have been increased, while he was a member, during the term for which he was elected, or during one year after the expiration of such term.
The legislature shall be the sole judge of the elections and qualifications of its members, shall have and exercise all the authority and attributes, inherent in legislative assemblies, and shall have the power to institute and conduct investigations, issue subpena to witnesses and other parties concerned, and administer oaths. The rules of the Legislative Assembly of the Virgin Islands existing on
The Legislature of the Virgin Islands shall by law provide the procedure for filling any vacancy in the office of member of the legislature.
This chapter, referred to in subsec. (g), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
1973—Subsec. (h). Pub. L. 93–130 substituted provision authorizing the Legislature of Virgin Islands to provide by law the procedure for filling vacancies in the membership of the Legislature, for provisions authorizing the Governor of the Virgin Islands to fill any such vacancy by appointment of resident of the district from which the member whose office became vacant was elected if the vacancy is that of a Senator and of resident of any part of Virgin Islands if the vacancy is that of a Senator at large, and that such appointee shall serve for the remainder of the unexpired term.
1972—Subsec. (b). Pub. L. 92–389 reduced the age qualification for membership of legislature from twenty-five years to twenty-one years.
1968—Subsec. (c). Pub. L. 90–496 inserted proviso requiring members of boards of elections, duly organized by the government, to be popularly elected.
1965—Subsec. (e). Pub. L. 89–98 substituted provisions empowering the government of the Virgin Islands to fix and pay legislative salaries and expenses for provisions which specifically fixed these salaries and expenses and which required the United States Government to pay them.
1959—Subsec. (a). Pub. L. 86–289, § 2(a), substituted, in second sentence, “January” for “April”, before “following his election”, and substituted, in proviso, “1958” for “1954”, “April 1959” for “January 1955”, and “1961, and the term of office of each member elected in November 1960 shall commence on the second Monday in April 1961 and continue until the second Monday in January 1963” for “1957”.
Subsec. (e). Pub. L. 86–289, § 2(b), changed the date of payment of salaries, increased the per diem from $10 to $20, and provided that the per diem paid to members of the legislature for official travel outside the Virgin Islands should not be at rates in excess of those paid Federal Government employees.
Pub. L. 93–130, § 2,
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
1968—Subsec. (a). Pub. L. 90–496 substituted provisions that regular sessions of the legislature shall continue for such term as the legislature may provide for provisions that regular sessions shall continue for not more than sixty consecutive calendar days in any calendar year, with the proviso that the regular annual session for 1959, 1960, and 1961 shall commence on the second Monday in April and shall continue for not more than sixty consecutive calendar days, struck out provisions that any special session called by the Governor shall continue for not more than fifteen calendar days, with the aggregate of any such special sessions during any calendar year not to exceed thirty calendar days, and inserted provision opening to the public all sessions of the legislature.
1959—Subsec. (a). Pub. L. 86–289 substituted “January (unless the legislature shall by law fix a different date)” for “April” and “regular annual session for each of the years 1959, 1960, and 1961, respectively, shall commence on the second Monday in April” for “annual session for 1955 shall commence on the second Monday in January 1955”.
Pub. L. 90–496, § 1,
The legislative authority and power of the Virgin Islands shall extend to all rightful subjects of legislation not inconsistent with this chapter or the laws of the United States made applicable to the Virgin Islands, but no law shall be enacted which would impair rights existing or arising by virtue of any treaty or international agreement entered into by the United States, nor shall the lands or other property of nonresidents be taxed at a higher rate than the lands or other property of residents.
The laws of the United States applicable to the Virgin Islands on
Section 103, referred to in subsec. (b)(iii)(A), which related to interest on certain governmental obligations was amended generally by Pub. L. 99–514, title XIII, § 1301(a),
Act of
1999—Subsec. (b)(ii)(A). Pub. L. 106–84, § 1(a), inserted “, including but not limited to notes in anticipation of the collection of taxes or revenues,” after “other evidence of indebtedness”, substituted “for any public purpose authorized by the legislature: Provided, That no such” for “to construct, improve, extend, better, repair, reconstruct, acquire, and equip hospitals, schools, libraries, gymnasia, athletic fields, sewers, sewage-disposal plants, and water systems: Provided, That no public”, and struck out “and payable semiannually. All such bonds shall be sold for not less than the principal amount thereof plus accrued interest” after “specified by the legislature”.
Subsec. (b)(ii)(B), (C). Pub. L. 106–84, § 1(b)(1), (2), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “The proceeds of the bond issues or other obligations herein authorized shall be expended only for the public improvements set forth in the preceding subparagraph, or for the reduction of the debt created by such bond issue or obligation, unless otherwise authorized by the Congress.”
1986—Subsec. (b)(iii)(E). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984—Subsec. (b)(i), (iii). Pub. L. 98–454 struck out “shall be sold at public sale and” before “may be redeemable” in fourth sentence of par. (i) and added par. (iii).
1982—Subsec. (d). Pub. L. 97–357 struck out subsec. (d) which authorized the President of the United States to appoint a commission of seven persons, at least three of whom were residents of the Virgin Islands, to survey the field of Federal statutes and to make recommendations to Congress within twelve months after
Subsec. (e). Pub. L. 97–357 struck out subsec. (e) which related to arrangements by the Secretary of the Interior for the preparation of a code of laws of the Virgin Islands.
1977—Subsec. (f). Pub. L. 95–134 added subsec. (f).
1968—Subsec. (b)(i). Pub. L. 90–496 struck out the provisions that the total amount of revenue bonds which may be issued and outstanding for all improvements and undertakings at any one time shall not be in excess of $30,000,000, exclusive of all bonds and undertakings held by the United States as a result of a sale of real or personal property to the government of the Virgin Islands, and with not more than $10,000,000 of such bonds or obligations to be outstanding at any one time for public improvements or public undertakings other than water or power projects, and substituted provisions that the bonds so issued shall bear interest at a rate not to exceed that specified by the legislature, payable semiannually, for provisions that the bonds so issued shall bear interest at a rate not to exceed 5% per annum, payable semiannually, and that all such bonds shall be sold for not less than the principal amount thereof plus accrued interest.
1966—Subsec. (b)(i). Pub. L. 89–643 increased the borrowing authority of the Virgin Islands by striking out limiting provisions so as to require only that the object of a bond issue be a public improvement or undertaking authorized by the legislature as opposed to previous requirement of a legislative authorization for specific improvements and legislative findings of need, substituted provisions authorizing the issuance of bonds that are nonredeemable or redeemable (either with or without premium) for provisions requiring that bonds be redeemable after five years without premium, raised the limitation on total amount of outstanding bonds from a flat limitation of $10,000,000 to $30,000,000 exclusive of all bonds or obligations which are held by the Government of the United States as a result of a sale of real or personal property to the government of the Virgin Islands, and inserted requirement that not to exceed $10,000,000 of the bonds or obligations may be outstanding at any one time for public improvement or public undertakings other than water or power projects.
1963—Subsec. (b). Pub. L. 88–180 redesignated existing provisions as par. (i), struck out “The legislature shall have no power to incur any indebtedness which may be a general obligation of said government”, and added par. (ii).
1958—Subsec. (a). Pub. L. 85–851, § 2, substituted “rightful subjects of legislation” for “subjects of local application”.
Subsec. (b). Pub. L. 85–851, § 10, authorized issuance of bonds for establishment, construction, operation, maintenance, reconstruction, improvement, or enlargement of other projects and payment of the bonds from revenues derived from the projects.
Subsec. (e). Pub. L. 85–851, § 3, struck out “and any supplements to it” after “Upon the enactment of the Virgin Islands Code it”.
Pub. L. 106–84, § 3,
Pub. L. 90–496, § 15,
Pub. L. 106–84, § 4,
Pub. L. 96–205, title IV, § 405,
Effective on the date when section 502 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, approved by joint resolution approved on
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in text, is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title. For
The joint resolution approved on
The Micronesian Claims Act of 1971, referred to in text, is Pub. L. 92–39,
Section is also classified to section 1421q–1 of this title.
Section was formerly set out as a note under section 1681 of this title.
Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.
2003—Pub. L. 108–173 substituted “Centers for Medicare & Medicaid Services” for “Health Care Financing Administration”.
1977—Pub. L. 95–135 amended section generally. Prior to amendment, section read as follows: “Effective on
Amendment by Pub. L. 95–135 effective as of
In addition to the authority conferred by section 1574(b) of this title, the legislature of the government of the Virgin Islands is authorized to cause to be issued bonds or other obligations of such government in anticipation of revenues to be received under section 7652(b)(3) of title 26. The proceeds of such bonds or other obligations may be used for any purpose authorized by an act of the legislature. The legislature of the government of the Virgin Islands may initiate, by majority vote of the members, a binding referendum vote to approve or disapprove the amount of any such bond or other obligation and/or any purpose for which such bond or other obligation is authorized.
The legislature of the government of the Virgin Islands may provide, in connection with any issue of bonds or other obligations authorized to be issued under subsection (a) the proceeds of which are to be used for public works or other capital projects, that a guarantee of such bonds or obligations by the United States should be applied for under section 1574b of this title.
Except to the extent inconsistent with the provisions of this Act, the provisions of section 1574(b)(ii) of this title (other than the limitation contained in the proviso to the first sentence of subparagraph (A)) shall apply to bonds and other obligations authorized to be issued under subsection (a).
This Act, referred to in subsec. (c), is Pub. L. 94–392,
In subsec. (a), “section 7652(b)(3) of title 26” substituted for “section 28(b) of such Act (26 U.S.C. 7652)”, meaning section 28(b) of the Revised Organic Act of the Virgin Islands (68 Stat. 508), which was classified to section 3350(c) of former Title 26, Internal Revenue Code, on authority of section 7852(b) of Title 26, Internal Revenue Code, which provided that any reference in any other law to a provision of the Internal Revenue Code of 1939 shall be deemed a reference to the corresponding provision of the Internal Revenue Code of 1986.
Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.
1999—Subsec. (d). Pub. L. 106–84 struck out subsec. (d) which read as follows: “The legislature of the Government of the Virgin Islands may cause to be issued notes in anticipation of the collection of the taxes and revenues for the current fiscal year. Such notes shall mature and be paid within one year from the date they are issued. No extension of such notes shall be valid and no additional notes shall be issued under this section until all notes issued during a preceding year shall have been paid.”
1997—Subsec. (d). Pub. L. 105–83 added subsec. (d).
Pub. L. 94–392, § 6,
When authorized under subsection (b) of section 1574a of this title, the government of the Virgin Islands may apply to the Secretary of the Interior (hereinafter referred to as the “Secretary”) for a guarantee of any issue of bonds or other obligations authorized to be issued under subsection (a) of section 1574a of this title. Any such application shall contain such information as the Secretary may prescribe.
The Secretary shall charge and collect fees in amounts sufficient in his judgment to cover the costs of administering this section. Fees collected under this subsection shall be deposited in the revolving fund created under subsection (g).
Any guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation for such guarantee, and the validity of any guarantee so made shall be incontestable, except for fraud or material misrepresentation, in the hands of the holder of the guaranteed obligation. Such guarantee shall constitute a pledge of the full faith and credit of the United States for such obligation.
The interest on any obligation guaranteed under this section shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.].
The aggregate principal amount of obligations which may be guaranteed under this Act shall not exceed $101,000,000. No commitment to guarantee may be issued by the Secretary, and no guaranteed but unobligated funds may be obligated by the government of the Virgin Islands after
Chapter 1 of the Internal Revenue Code of 1986, referred to in subsec. (e), means chapter 1 (§ 1 et seq.) of Title 26, Internal Revenue Code.
This Act, referred to in subsecs. (f) and (g), is Pub. L. 94–392,
In subsecs. (b)(2) and (f), “section 7652(b)(3) of title 26” substituted for “section 28(b) of the Revised Organic Act of the Virgin Islands [68 Stat. 508]”, which was classified to section 3350(c) of former Title 26, Internal Revenue Code, on authority of section 7852(b) of Title 26, Internal Revenue Code, which provided that any reference in any other law to a provision of the Internal Revenue Code of 1939 be deemed a reference to the corresponding provision of the Internal Revenue Code of 1986.
In subsec. (g)(1) and (3), “sections 9103 and 9104 of title 31” substituted for “sections 102, 103, and 104 of the Government Corporation Control Act (31 U.S.C. 847–849)”, and “chapter 31 of title 31” and “that chapter” were substituted for “the Second Liberty Bond Act” and “that Act”, respectively, on authority of Pub. L. 97–258, § 4(b),
Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.
1986—Subsec. (e). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
1983—Subsec. (b)(1). Pub. L. 98–213, § 4(b)(1), and Pub. L. 98–146, § 100(1), made nearly identical amendments relating to the use of the amounts of $28,000,000 and $12,000,000 of the guaranteed bonding authority. The text reflects the amendment by Pub. L. 98–213.
Subsec. (f). Pub. L. 98–213, § 4(b)(2), and Pub. L. 98–146, § 100(2), amended subsec. (f) identically, substituting “$101,000,000” for “$61,000,000” and “1990” for “1984” in two places.
1980—Subsec. (f). Pub. L. 96–205 substituted provisions relating to prohibitions on commitments to guarantee by the Secretary and obligation by the Virgin Islands government of guaranteed but unobligated funds, and repayment by the government of unobligated proceeds of bonds or other obligations after
Each issue of bonds or other obligations issued under subsection (a) of section 1574a of this title shall have a parity lien with every other issue of bonds or other obligations issued for payment of principal and interest out of revenues received under section 7652(b)(3) of title 26, except that issues guaranteed under section 1574b of this title shall have priority, according to the date of issue, over issues not so guaranteed and the revenues received under section 7652(b)(3) of title 26 shall be pledged for the payment of such bonds or other obligations.
“Section 7652(b)(3) of title 26” substituted in text for “section 28(b) of the Revised Organic Act of the Virgin Islands [68 Stat. 508]”, which was classified to section 3350(c) of former Title 26, Internal Revenue Code, on authority of section 7852(b) of Title 26, Internal Revenue Code, which provided that any reference in any other law to a provision of the Internal Revenue Code of 1939 be deemed a reference to the corresponding provision of the Internal Revenue Code of 1986.
Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.
1997—Pub. L. 105–83 substituted “a parity lien with every other issue of bonds or other obligations issued for payment” for “priority for payment” and struck out “in the order of the date of issue” before “, except that”.
Pub. L. 105–83, title I, § 124(b),
Section, Pub. L. 94–392, § 4,
The number of members of the legislature needed to constitute a quorum shall be determined by the laws of the Virgin Islands. No bill shall become a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays.
The enacting clause of all acts shall be as follows: “Be it enacted by the Legislature of the Virgin Islands”.
The Governor shall submit at the opening of each regular session of the legislature a message on the state of the Virgin Islands and a budget of estimated receipts and expenditures, which shall be the basis of the appropriation bills for the ensuing fiscal year, which shall commence on the first day of July or such other date as the Legislature of the Virgin Islands may determine.
Every bill passed by the legislature shall, before it becomes a law, be presented to the Governor. If the Governor approves the bill, he shall sign it. If the Governor disapproves the bill, he shall, except as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been presented to him. If the Governor does not return the bill within such period, it shall be a law in like manner as if he had signed it, unless the legislature by adjournment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsideration, two-thirds of all the members of the legislature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill, at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect, unless the legislature, after reconsideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of two-thirds of all the members of the legislature.
If at the termination of any fiscal year the legislature shall have failed to pass appropriation bills providing for payment of the obligations and necessary current expenses of the government of the Virgin Islands for the ensuing fiscal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be reappropriated item by item.
The legislature shall keep a journal of its proceedings and publish the same. Every bill passed by the legislature and the yeas and nays on any question shall be entered on the journal.
A listing of all laws enacted by the legislature each year shall be transmitted with the annual report to Congress required pursuant to section 1591 of this title.
2000—Subsec. (a). Pub. L. 106–364 amended first sentence generally. Prior to amendment, first sentence read as follows: “The quorum of the legislature shall consist of eight of its members.”
1980—Subsec. (g). Pub. L. 96–470 substituted provision requiring a listing of all laws enacted by the legislature each year be transmitted with the annual report to Congress required by section 1591 of this title for provision requiring copies of all laws enacted by the legislature be transmitted within 15 days of their enactment by the Governor to the Secretary of the Interior and by the Secretary annually to Congress.
1978—Subsec. (c). Pub. L. 95–348 inserted provision authorizing the Virgin Islands Legislature to determine other dates on which the fiscal year shall commence.
1977—Subsec. (d). Pub. L. 95–134 inserted “, unless the legislature, after reconsideration upon motion of a member thereof, passes such items, parts, or portions so objected to by a vote of two-thirds of all the members of the legislature” after “shall not take effect”.
1968—Subsec. (a). Pub. L. 90–496, § 2, increased the quorum requirement from seven to eight members.
Subsec. (d). Pub. L. 90–496, § 3, inserted requirement that when a bill is returned by the Governor to the legislature, a motion of a member of the legislature is necessary for the legislature to reconsider the bill, and substituted provisions that if, after reconsideration by the legislature, two-thirds of all the members of the legislature pass a bill returned by the Governor, it shall be a law for provisions that if, after reconsideration by the legislature, two-thirds of all the members of the legislature agree to pass the bill, it shall be presented anew to the Governor for his approval, provisions that if the Governor does not approve the bill, the bill shall be sent to the President of the United States for his approval, provisions that if the President disapproves the bill, the bill shall be returned to the Governor, stating the President’s disapproval, and it shall not be a law, and provisions that if the President neither approves nor disapproves the bill within 90 days after it was sent to him by the Governor, the bill shall be a law as if the President had signed it.
Pub. L. 90–496, § 2,
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
The next general election in the Virgin Islands shall be held on
The executive power of the Virgin Islands shall be vested in an executive officer whose official title shall be the “Governor of the Virgin Islands”. The Governor of the Virgin Islands, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the legislature of the Virgin Islands. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both officers. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a run-off election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on
No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of the Virgin Islands and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in the Government House on Saint Thomas during his incumbency, which house, together with land appurtenant thereto, is hereby transferred to the government of the Virgin Islands. While in Saint Croix the Governor may reside in Government House on Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands.
The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of the Virgin Islands. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this chapter. He shall appoint, and may remove, all officers and employees of the executive branch of the government of the Virgin Islands, except as otherwise provided in this or any other Act of Congress, or under the laws of the Virgin Islands, and shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of the Virgin Islands and the laws of the United States applicable in the Virgin Islands. Whenever it becomes necessary, in case of disaster, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, he may summon the posse comitatus or call out the militia or request assistance of the senior military or naval commander of the Armed Forces of the United States in the Virgin Islands or Puerto Rico, which may be given at the discretion of such commander if not disruptive of, or inconsistent with, his Federal responsibilities. He may, in case of rebellion or invasion or imminent danger thereof, when the public safety requires it, proclaim the islands, insofar as they are under the jurisdiction of the government of the Virgin Islands, to be under martial law. The members of the legislature shall meet forthwith on their own initiative and may, by a two-thirds vote, revoke such proclamation.
The Governor shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law. He shall have the power to issue executive orders and regulations not in conflict with any applicable law. He may recommend bills to the legislature and give expression to his views on any matter before that body.
There is hereby established the office of Lieutenant Governor of the Virgin Islands. The Lieutenant Governor shall have such executive powers and perform such duties as may be assigned to him by the Governor or prescribed by this chapter or under the laws of the Virgin Islands.
This chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
1998—Pub. L. 105–362, in fourth paragraph, struck out “The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress.” after “other information required by the Congress.” and “He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report.” after “under applicable Federal law.”
1984—Pub. L. 98–454 substituted “Saint Croix, which house, together with land appurtenant thereto is also transferred to the government of the Virgin Islands” for “Saint Croix free of rent” in second paragraph.
1982—Pub. L. 97–357, in fourth paragraph, substituted provisions relating to the preparation, etc., of a comprehensive annual financial report to be submitted to the Congress, the Secretary of the Interior, and the Inspector General of the Department of the Interior, preparation of other reports as required by Congress or applicable Federal law, and submittal of a written statement of actions taken or contemplated on Federal audit recommendations for provisions relating to an annual report of transactions of the Virgin Islands government to the Secretary of the Interior for transmittal to Congress and such other reports as required by Congress or applicable Federal law.
1968—Pub. L. 90–496 amended section generally, providing for the popular election of the Governor and Lieutenant Governor, setting the date of the first election, defining the scope of their authority, setting out the duties of their offices, specifying the qualifications for the offices of Governor and Lieutenant Governor, and providing that an elected Governor may serve two full successive terms but shall not be again eligible to hold that office until one full term has intervened.
Pub. L. 90–496, § 16,
For termination, effective
Conveyance of submerged lands to the government of the Virgin Islands, see section 1701 et seq. of this title.
Section, act July 22, 1954, ch. 558, § 20(a), 68 Stat. 505, prescribed compensation of Governor.
Section 20 of act
The people of the Virgin Islands shall have the rights of initiative and recall to be exercised as provided in subsection (b) and subsection (c), respectively.
1986—Pub. L. 99–396 amended section generally, substituting provisions giving people of Virgin Islands the rights of initiative and recall and spelling out ways in which those rights are to be exercised for provisions which had formerly only set out a method for removal of Governor by referendum election.
1968—Pub. L. 90–496 substituted provisions authorizing the removal of the Governor from office by a recall referendum for provisions authorizing the appointment of a Government Secretary for the Virgin Islands, and provisions setting forth his powers and duties.
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Section, act July 22, 1954, ch. 558, § 13, 68 Stat. 503, authorized the Governor to appoint an administrative assistant to reside in St. Croix and an administrative assistant to reside in St. John.
Pub. L. 90–496, § 6,
In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.
In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor.
In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the president of the legislature shall act as Lieutenant Governor.
In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.
In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of the Virgin Islands may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of the Virgin Islands.
No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter.
1968—Pub. L. 90–496 designated existing provisions as subsec. (a), substituted provisions that in case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor for provisions that in case of a vacancy in the office of Governor or the disability of the Governor or the temporary absence of the Governor, the Government Secretary shall have all the powers of the Governor, and added subsecs. (b) to (f).
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Section, act July 22, 1954, ch. 558, § 15, as added
The Governor shall, within one year after
The Governor shall, from time to time, after complying with the provisions of subsection (a) of this section, examine the organization of the executive branch of the government of the Virgin Islands, and shall make such changes therein, subject to the approval of the legislature, not inconsistent with this chapter, as he determines are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of the Virgin Islands.
The heads of the executive departments created by this chapter shall be appointed by the Governor, with the advice and consent of the legislature. Each shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is appointed and qualified, unless sooner removed by the Governor. Each shall have such powers and duties as may be prescribed by the legislature. The chairman and members of any board, authority, or commission established by the laws of the Virgin Islands shall, if the laws of the Virgin Islands hereafter provide, also be appointed by the Governor with the advice and consent of the legislature, if such board, authority, or commission has quasi-judicial functions: Provided, That no law of the Virgin Islands dealing with the chairmanship, membership, or chairmanship and membership of any such board, authority, or commission, and requiring an appointment or appointments to be made with the advice and consent of the legislature, shall relate to more than one such board, authority, or commission, nor shall it relate to any other legislative matter.
1968—Subsec. (a). Pub. L. 90–496 substituted provisions that members of school boards which have been duly organized by the government of the Virgin Islands be popularly elected for provisions that required the approval of the Secretary of the Interior for the establishment of any new department, agency, or other instrumentality by the Governor or the legislature, unless such department, agency, etc., was required by Federal law for participation in Federal programs.
1959—Subsec. (a). Pub. L. 86–289 provided that the head of the department of law should be known as the attorney general of the Virgin Islands.
1957—Subsec. (c). Pub. L. 85–224 provided for appointments to boards, authorities or commissions.
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Section, act July 22, 1954, ch. 558, § 20(b), 68 Stat. 505, which related to compensation of the Government Secretary, department heads, and staffs of the Governor and Government Secretary, was superseded by section 10 of Pub. L. 90–496,
The authority granted in paragraph (a) shall extend to all activities of the government of the Virgin Islands, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5.
In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for the Virgin Islands related to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.
A prior section 1599, acts July 22, 1954, ch. 558, § 17, 68 Stat. 505;
2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (92 Stat. 1101), as amended.”
The judicial power of the Virgin Islands shall be vested in a court of record designated the “District Court of the Virgin Islands” established by Congress, and in such appellate court and lower local courts as may have been or may hereafter be established by local law.
The legislature of the Virgin Islands may vest in the courts of the Virgin Islands established by local law jurisdiction over all causes in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the concurrent jurisdiction conferred on the District Court of the Virgin Islands by section 1612(a) and (c) of this title.
The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.
1984—Pub. L. 98–454 designated existing provisions as subsec. (a), inserted “established by Congress” before “and in such” and substituted “appellate court and lower local courts as may have been or may hereafter be established by local law” for “court or courts of inferior jurisdiction as have been or may hereafter be established by local law”, and added subsecs. (b) and (c).
Amendment by Pub. L. 98–454 effective on ninetieth day following
The District Court of the Virgin Islands shall have the jurisdiction of a District Court of the United States, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States. The District Court of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of title 26 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by the appropriate officers thereof in the District Court of the Virgin Islands without the request or the consent of the United States attorney for the Virgin Islands, notwithstanding the provisions of section 1617 of this title.
In addition to the jurisdiction described in subsection (a) the District Court of the Virgin Islands shall have general original jurisdiction in all causes in the Virgin Islands the jurisdiction over which is not then vested by local law in the local courts of the Virgin Islands: Provided, That the jurisdiction of the District Court of the Virgin Islands under this subsection shall not extend to civil actions wherein the matter in controversy does not exceed the sum or value of $500, exclusive of interest and costs; to criminal cases wherein the maximum punishment which may be imposed does not exceed a fine of $100 or imprisonment for six months, or both; and to violations of local police and executive regulations. The courts established by local law shall have jurisdiction over the civil actions, criminal cases, and violations set forth in the preceding proviso. In causes brought in the district court solely on the basis of this subsection, the district court shall be considered a court established by local law for the purposes of determining the availability of indictment by grand jury or trial by jury.
The District Court of the Virgin Islands shall have concurrent jurisdiction with the courts of the Virgin Islands established by local law over those offenses against the criminal laws of the Virgin Islands, whether felonies or misdemeanors or both, which are of the same or similar character or part of, or based on, the same act or transaction or two or more acts or transactions connected together or constituting part of a common scheme or plan, if such act or transaction or acts or transactions also constitutes or constitute an offense or offenses against one or more of the statutes over which the District Court of the Virgin Islands has jurisdiction pursuant to subsections (a) and (b) of this section.
This chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
1986—Subsec. (a). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1984—Pub. L. 98–454 amended section generally, designating existing provisions as subsec. (a), substituted provisions that District Court would have all jurisdiction of a district court of the United States, including diversity jurisdiction and bankruptcy jurisdiction as well as civil and criminal matters regarding the income tax laws applicable to the Virgin Islands for former provisions conferring general jurisdiction on the court and providing for the transfer of cases, repealed section 336 of Pub. L. 95–598, which had amended this section, and added subsecs. (b) and (c).
1978—Pub. L. 95–598 inserted “and a bankruptcy court” after “jurisdiction of a district court”.
Amendment by Pub. L. 98–454 effective on ninetieth day following
Pub. L. 95–598, title IV, § 402(e),
Pub. L. 98–454, title VII, § 703(b),
The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings.
2012—Pub. L. 112–226 substituted a period for “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1611(a) of this title, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.” at end.
1994—Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
1984—Pub. L. 98–454 amended section generally, substituting provisions relating to the relations between local law courts and already established courts under the Constitution or laws of the United States with respect to appeals, certiorari, etc. and providing that the Court of Appeals for the Third Circuit shall have jurisdiction to review all final decisions from the highest court of the Virgin Islands for fifteen years after the appellate court is established for former provisions relating to the jurisdiction of inferior courts, transfer of actions, status as committing court, bail and rules.
Amendment by Pub. L. 112–226 applicable to cases commenced on or after
Amendment by Pub. L. 98–454 effective on ninetieth day following
Prior to the establishment of the appellate court authorized by section 1611(a) of this title, the District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by local law to the extent now or hereafter prescribed by local law: Provided, That the legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Virgin Islands or of any order or regulation issued or action taken by the executive branch of the government of the Virgin Islands with the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the United States.
Appeals to the District Court of the Virgin Islands shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The chief judge of the district court shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 1614(a) of this title: Provided, That no more than one of them may be a judge of a court established by local law. The concurrence of two judges shall be necessary to any decision by the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. Appeals pending in the district court on the effective date of this Act 1
The United States Court of Appeals for the Third Circuit shall have jurisdiction of appeals from all final decisions of the district court on appeal from the courts established by local law. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection.
Upon the establishment of the appellate court provided for in section 1611(a) of this title all appeals from the decisions of the courts of the Virgin Islands established by local law not previously taken must be taken to that appellate court. The establishment of the appellate court shall not result in the loss of jurisdiction of the district court over any appeal then pending in it. The rulings of the district court on such appeals may be reviewed in the United States Court of Appeals for the Third Circuit and in the Supreme Court notwithstanding the establishment of the appellate court.
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
The effective date of this Act, referred to in subsec. (b), probably means the effective date of title VII of Pub. L. 98–454, which is 90 days after
Section effective on ninetieth day following
The President shall, by and with the advice and consent of the Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of ten years and until their successors are chosen and qualified, unless sooner removed by the President for cause. The judge of the district court who is senior in continuous service and who otherwise qualifies under section 136(a) of title 28 shall be the chief judge of the court. The salary of a judge of the district court shall be at the rate prescribed for judges of the United States district courts. Whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the district court, the chief judge of the Third Judicial Circuit of the United States may assign a judge of a court of record of the Virgin Islands established by local law, or a circuit or district judge of the Third Judicial Circuit, or a recalled senior judge of the District Court of the Virgin Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge of the District Court of the Virgin Islands. The compensation of the judges of the district court and the administrative expenses of the court shall be paid from appropriations made for the judiciary of the United States.
Where appropriate, the provisions of part II of title 18 and of title 28 and, notwithstanding the provisions of rule 7(a) and of rule 54(a) of the Federal Rules of Criminal Procedure relating to the requirement of indictment and to the prosecution of criminal offenses in the Virgin Islands by information, respectively, the rules of practice heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the district court and appeals therefrom: Provided, That the terms “Attorney for the government” and “United States attorney” as used in the Federal Rules of Criminal Procedure, shall, when applicable to causes arising under the income tax laws applicable to the Virgin Islands, mean the Attorney General of the Virgin Islands or such other person or persons as may be authorized by the laws of the Virgin Islands to act therein: Provided further, That in the district court all criminal prosecutions under the laws of the United States, under local law under section 1612(c) of this title, and under the income tax laws applicable to the Virgin Islands may be had by indictment by grand jury or by information: Provided further, That an offense which has been investigated by or presented to a grand jury may be prosecuted by information only by leave of court or with the consent of the defendant. All criminal prosecutions arising under local law which are tried in the district court pursuant to section 1612(b) of this title shall continue to be had by information, except such as may be required by the local law to be prosecuted by indictment by grand jury.
The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 37 of title 28 shall apply.
The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
In subsec. (c), “chapter 37 of title 28” substituted for “chapter 33 of title 28” on authority of Pub. L. 89–554, § 7(b),
1984—Subsec. (a). Pub. L. 98–454, § 706(a), substituted provisions extending the term of a judge of the district court from eight to ten years, further substituted “of a court of the Virgin Islands established by local law,” for “a judge of the municipal court of the Virgin Islands,” in third sentence, and inserted provisions regarding the designation of the chief judge.
Subsec. (b). Pub. L. 98–454, § 706(b), substituted provisions relating to criminal procedure in the district courts for former provisions which related to the chief judge of the district court and which are now set out in subsec. (a).
1970—Subsec. (a). Pub. L. 91–272 designated existing provisions as subsec. (a), increased from one to two the number of district judges, added judges of the municipal court of the Virgin Islands to the list of judges from which may be drawn temporary judges for the district court, and transferred to subsec. (c) provisions covering the appointment of a United States marshal for the Virgin Islands.
Subsec. (b). Pub. L. 91–272 added subsec. (b).
Subsec. (c). Pub. L. 91–272 added subsec. (c), the substance of which was formerly contained in subsec. (a).
1958—Pub. L. 85–851 substituted “the Attorney General shall appoint a United States marshal” for “the Attorney General shall, as heretofore, appoint a marshal and one deputy marshal”.
Amendment by Pub. L. 98–454 effective on ninetieth day following
Pub. L. 98–454, title VII, § 706(c),
Extension of term of district court judges to ten years applicable to judges holding office on
Enactment of this chapter as not affecting term of office of judge of the District Court of the Virgin Islands in office on the date of its enactment, see Effective Date note set out under section 1541 of this title.
Resignation and retirement of judges in the Territories and possessions, see section 373 of Title 28, Judiciary and Judicial Procedure.
The Virgin Islands consists of two judicial divisions; the Division of Saint Croix, comprising the island of Saint Croix and adjacent islands and cays, and the Division of Saint Thomas and Saint John, comprising the islands of Saint Thomas and Saint John and adjacent islands and cays.
1989—Pub. L. 101–219 struck out provision that court for the Division of Saint Croix be held in Christiansted and for the Division of Saint Thomas and Saint John at Charlotte Amalie.
1984—Pub. L. 98–454 amended section generally, inserting provisions setting forth places for the holding of court of each judicial division and striking out provisions relating to the applicability of procedural rules and prosecutions by information and indictment, which are now covered under section 1614 of this title, and repealed section 336 of Pub. L. 95–598 which had amended this section.
1978—Pub. L. 95–598 substituted “section 2075 of title 28 in cases under title 11” for “section 53 of title 11 in bankruptcy cases”.
Amendment by Pub. L. 98–454 effective on ninetieth day following
Pub. L. 95–598, title IV, § 402(e),
All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action. The legislature may provide for trial in misdemeanor cases by a jury of six qualified persons.
1958—Pub. L. 85–851 substituted requirement of jury trial upon demand by defendant or Government for prohibition against denial to any person on demand of either party.
The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the courts established by local law. He shall also prosecute in the district court in the name of the government of the Virgin Islands all offenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney general of the Virgin Islands. The United States attorney may, when requested by the Governor or the attorney general of the Virgin Islands, conduct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the courts established by local law.
1984—Pub. L. 98–454 substituted “courts established by local law” for “inferior courts of the Virgin Islands” wherever appearing and struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands.
1971—Pub. L. 92–24 substituted “chapter 35” for “chapter 31” and struck out “except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands” after “shall apply”.
1959—Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attorney and by provisions specifying his duties, for provisions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and provided that he or his assistant conduct all legal proceedings in which the United States Government or the government of the Virgin Islands is a party in the District Court and inferior courts.
1958—Pub. L. 85–851 substituted “United States attorney” for “district attorney” wherever appearing.
Amendment by Pub. L. 98–454 effective on ninetieth day following
Section 26, referred to in subsec. (d), probably means section 26 of S. 3378 (act July 22, 1954, ch. 558, 68 Stat. 497) prior to the submission of S. 3378 to the Conference Committee which redesignated section 26 as section 28 of S. 3378. Said section 28 was composed of subsecs. (a) to (d). Subsecs. (a), (c), and (d) thereof enacted sections 1642, 1643, and 1644 of this title, respectively. Subsec. (b) thereof added subsec. (c) to section 3350 of former Title 26, Internal Revenue Code. Reference to section 3350(c) of former Title 26 is deemed a reference to section 7652(b)(3) of Title 26, Internal Revenue Code. See section 7852(b) of Title 26, Internal Revenue Code, which provides that any reference in any other law to a provision of the Internal Revenue Code of 1939 be deemed a reference to the corresponding provisions of the Internal Revenue Code of 1986.
Pub. L. 106–84, § 2,
Section, act July 22, 1954, ch. 558, § 19, 68 Stat. 505, authorized Comptroller General of United States to review annually the office and activities of Government Comptroller of Virgin Islands, and report thereon to Governor, Secretary of the Interior, and Congress.
Pub. L. 90–496, § 14,
The salaries and travel allowances of the Governor, Lieutenant Governor, the heads of the executive departments, other officers and employees of the government of the Virgin Islands, and the members of the legislature shall be paid by the government of the Virgin Islands at rates prescribed by the laws of the Virgin Islands.
Prior to the 1968 amendment of section 20 of act
1968—Pub. L. 90–496 substituted provisions that the salaries and travel allowances of all officials connected with the executive and legislative departments of the government of the Virgin Islands be paid by the government of the Virgin Islands at rates prescribed by the laws of the Virgin Islands for provisions that the salaries of the Governor, the Government Secretary, the government comptroller, and their immediate staffs be paid by the United States, and provisions that the salaries of the heads of the executive departments be paid by the government of the Virgin Islands, such salaries to be paid without the necessity of further appropriations therefor, if the legislature fails to make an appropriation for such salaries.
1958—Pub. L. 85–851 provided for the payment of the salary of the government comptroller by the United States instead of by the government of the Virgin Islands.
Amendment of provisions of section necessary to authorize the holding of an election for Governor and Lieutenant Governor on
Pub. L. 85–851, § 6(b),
Pub. L. 96–597, title VI, § 607,
Pub. L. 95–348, § 4(d),
The proceeds of customs duties, the proceeds of the United States income tax, the proceeds of any taxes levied by the Congress on the inhabitants of the Virgin Islands, and the proceeds of all quarantine, passport, immigration, and naturalization fees collected in the Virgin Islands, (less the cost of collecting such duties, taxes and fees as may be directly attributable (as certified by the Comptroller of the Virgin Islands) to the importation of petroleum products until
Act of
This chapter, referred to in text, was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
Section 3811 of the Internal Revenue Code, referred to in text, means section 3811 of the Internal Revenue Code of 1939, which was repealed by section 7851 of the Internal Revenue Code of 1954, Title 26. Similar provisions are contained in section 7651 of Title 26. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2,
Section constitutes subsec. (a) of section 28 of act
1980—Pub. L. 96–205 inserted provisions relating to deductions for the costs of collecting the duties, taxes, and fees attributable to the importation of petroleum products until
1978—Pub. L. 95–348 struck out “less the cost of collecting all of said duties, taxes, and fees,” before “shall be covered”.
Notwithstanding any other provision of law, the proceeds of customs duties collected in the Virgin Islands less the cost of collecting all said duties shall, effective for fiscal years beginning after
A prior section 1642a, Pub. L. 96–38, title I,
Section 1124 of title 15, and section 1526 of title 19, shall not apply to importations into the Virgin Islands of genuine foreign merchandise bearing a genuine foreign trade-mark, but shall remain applicable to importations of such merchandise from the Virgin Islands into the United States or its possessions; and the dealing in or possession of any such merchandise in the Virgin Islands shall not constitute a violation of any registrant’s right under the Trade Mark Act [15 U.S.C. 1051 et seq.].
The Trade Mark Act, referred to in text, probably means the Trademark Act of 1946, also popularly known as the Lanham Act, act July 5, 1946, ch. 540, 60 Stat. 427, which is classified generally to chapter 22 (§ 1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.
Section constitutes subsec. (c) of section 28 of act
All articles coming into the United States from the Virgin Islands shall be subject to or exempt from duty as provided for in section 1301a 1
Section 1301a of title 19, referred to in text, was repealed by Pub. L. 87–456, title III, § 301(a),
Section constitutes subsec. (d) of section 28 of act
1986—Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
1954—Act
Amendment by act
Beginning as soon as the government of the Virgin Islands enacts legislation establishing a fiscal year commencing on October 1 and ending on September 30, the Secretary of the Treasury, prior to the commencement of any fiscal year, shall remit to the government of the Virgin Islands the amount of duties, taxes, and fees which the Governor of the Virgin Islands, with the concurrence of the government comptroller of the Virgin Islands, has estimated will be collected in or derived from the Virgin Islands under the Revised Organic Act of the Virgin Islands [48 U.S.C. 1541 et seq.] during the next fiscal year, except for those sums covered directly upon collection into the treasury of the Virgin Islands. There shall be deducted from or added to the amounts so remitted, as may be appropriate, at the beginning of the fiscal year, the difference between the amount of duties, taxes, and fees actually collected during the prior fiscal year and the amount of such duties, taxes, and fees as estimated and remitted at the beginning of that prior fiscal year, including any deductions which may be required as a result of the operation of sections 1574a to 1574d 1
The Revised Organic Act of the Virgin Islands, referred to in text, is act July 22, 1954, ch. 558, 68 Stat. 497, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.
Section 1574d of this title, referred to in text, was repealed by Pub. L. 97–357, title III, § 308(g),
Section was not enacted as part of the Revised Organic Act of the Virgin Islands which comprises this chapter.
The cessions by certain chiefs of the islands of Tutuila and Manua and certain other islands of the Samoan group lying between the thirteenth and fifteenth degrees of latitude south of the Equator and between the one hundred and sixty-seventh and one hundred and seventy-first degrees of longitude west of Greenwich, herein referred to as the islands of eastern Samoa, are accepted, ratified, and confirmed, as of
The existing laws of the United States relative to public lands shall not apply to such lands in the said islands of eastern Samoa; but the Congress of the United States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military, or naval purposes of the United States or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the said islands of eastern Samoa for educational and other public purposes.
Until Congress shall provide for the government of such islands, all civil, judicial, and military powers shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
The existing laws of the United States relative to public lands, referred to in subsec. (b), are classified generally to Title 43, Public Lands.
Subsec. (d) of this section, which provided for recommendation of legislation concerning the islands of eastern Samoa by seven commissioners as soon as reasonably practicable, was omitted from the Code.
Section was formerly classified to section 1431a of this title.
1929—Subsec. (d). Act
See section 1271 of Pub. L. 99–514, set out as a note under section 931 of Title 26, Internal Revenue Code.
Conveyance of submerged lands to the government of American Samoa, see section 1701 et seq. of this title.
The sovereignty of the United States over American Samoa is extended over Swains Island, which is made a part of American Samoa and placed under the jurisdiction of the administrative and judicial authorities of the government established therein by the United States.
Section was formerly classified to section 1431 of this title.
Pub. L. 96–597, title I, § 101,
Pub. L. 87–158,
Conveyance of submerged lands to the government of American Samoa, see section 1701 et seq. of this title.
Ex. Ord. No. 10264, eff.
1. The administration of American Samoa is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on
2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of administration of American Samoa as embodied in the above-mentioned memorandum of understanding between the two departments.
3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government in American Samoa.
4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order.
5. The said Executive order of
Section, Pub. L. 98–213, § 12,
Deeds and other instruments affecting land situate in the District of Columbia or any Territory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge, appointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting governor of such place to the effect that the notary taking said acknowledgment was in fact the officer he purported to be; and any deeds or other instruments affecting lands so situate, so acknowledged since the first day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instruments hereafter so acknowledged and certified.
For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Intercourse.
Section is also classified to section 1421f–1 of this title.
Section was formerly classified to sections 1358 and 1432 of this title.
Section, act June 14, 1934, ch. 523, 48 Stat. 963, made coastwise shipping laws of United States inapplicable to commerce between the islands of American Samoa or between those islands and other ports under the jurisdiction of the United States. See section 55101 of Title 46, Shipping.
Section, act
June 13, 1956, ch. 380, title I, 70 Stat. 265.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 457.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.
The Richard B. Russell National School Lunch Act, as amended, referred to in subsec. (b), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Vocational Education Act of 1946, referred to in subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, which was classified to sections 15h to 15q, 15aa to 15jj, and 15aaa to 15ggg of Title 20, Education, and was repealed by section 103 of Pub. L. 90–576, title I,
The Hospital Survey and Construction Act, referred to in subsec. (c), is act Aug. 13, 1946, ch. 958, 60 Stat. 1041, which added a title VI to the Public Health Service Act, and was classified to subchapter IV (§ 291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. Such title VI was amended generally by Pub. L. 88–443, § 3(a)
1999—Subsec. (b). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.
1996—Subsec. (c). Pub. L. 104–208 struck out “the Library Services Act,” after “the Vocational Education Act of 1946,”.
For transfer of functions and offices (relating to education) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, and termination of certain offices and positions and redesignation of Secretary of Health, Education, and Welfare as Secretary of Health and Human Services, see sections 3441, 3503, and 3508 of Title 20, Education.
Section, Pub. L. 87–688, § 2,
Pub. L. 90–576, title I, § 103,
The Governor of American Samoa shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council of Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The Governor shall also make such other reports at such other times as may be required by the Congress or under applicable Federal law.
The authority granted in paragraph (b) shall extend to all activities of the government of American Samoa, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5.
In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for American Samoa relating to its audit function are hereby transferred to the Office of Inspector General, Department of the Interior.
A prior section 1668, Pub. L. 96–205, title V, § 501,
2022—Subsec. (c). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (92 Stat. 1101), as amended.”
1998—Subsec. (a). Pub. L. 105–362 struck out “The Governor shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress.” after “other information required by the Congress.” and “He shall also submit to the Congress, the Secretary of the Interior, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report.” after “under applicable Federal law.”
For termination, effective
The Secretary of the Treasury shall, upon the request of the Governor of American Samoa, administer and enforce the collection of all customs duties derived from American Samoa, without cost to the government of American Samoa. The Secretary of the Treasury, in consultation with the Governor of American Samoa, shall make every effort to employ and train the residents of American Samoa to carry out the provisions of this section. The administration and enforcement of this section shall commence
The legislature of the government of American Samoa may cause to be issued after
The interest on any bond or other obligation issued by or on behalf of the Government of American Samoa shall be exempt from taxation by the Government of American Samoa and the governments of any of the several States, the District of Columbia, any territory or possession of the United States, and any subdivision thereof.
The exemption provided by paragraph (1) shall not apply to gift, estate, inheritance, legacy, succession, or other wealth transfer taxes.
For exclusion of interest for purposes of Federal income taxation, see section 103 of title 26.
Section 103, referred to in subsec. (a), which related to interest on certain governmental obligations was amended generally by Pub. L. 99–514, title XIII, § 1301(a),
2004—Subsec. (b). Pub. L. 108–326 amended heading and text generally, substituting provisions relating to exemption of all bonds from income taxation by State and local governments for provisions relating to exemption from taxation and definition of State.
1986—Subsecs. (a), (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Pub. L. 108–326, § 2,
The Trust Territory of the Pacific Islands, which included the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, and Palau, terminated. The Trusteeship Agreement terminated with respect to the Republic of the Marshall Islands on
For provisions relating to the Northern Mariana Islands, formerly set out as notes under section 1681 of this title, see chapter 17 (§ 1801 et seq.) of this title. For provisions relating to the Federated States of Micronesia, the Marshall Islands, and Palau, formerly set out as notes under section 1681 of this title, see chapter 18 (§ 1901 et seq.) of this title.
Section 2 of this Act, referred to in subsec. (b), means section 2 of act
Section was formerly classified to section 1435 of this title.
1964—Pub. L. 88–487 designated existing provisions as subsec. (a) and added subsec. (b).
For provisions relating to the Northern Mariana Islands, formerly set out as notes under this section, see chapter 17 (§ 1801 et seq.) of this title. For provisions relating to the Federated States of Micronesia, the Marshall Islands, and Palau, formerly set out as notes under this section, see chapter 18 (§ 1901 et seq.) of this title.
Similar provisions continuing the civil government for the Trust Territory of the Pacific Islands until
Pub. L. 87–541,
Section 2 of act
Pub. L. 97–357, title II, § 205,
Pub. L. 95–348, § 2(c),
Section 3 of act June 30, 1954, ch. 423, as added Pub. L. 90–617, § 2,
Act Aug. 8, 1953, ch. 383, § 3, 67 Stat. 495, provided that notwithstanding the provisions of the Interior Department Appropriation Act, 1953 (Pub. L. 470, ch. 597, 66 Stat. 445), the Island Trading Company of Micronesia not have succession after
Act July 18, 1947, ch. 271, 61 Stat. 397, authorized President to approve, on behalf of the United States, the trusteeship agreement between the United States and the Security Council of the United Nations for the former Japanese mandated islands (to be known as the Territory of the Pacific Islands) which was approved by the Security Council on
Ex. Ord. No. 10265, eff.
Ex. Ord. No. 11021, eff.
Any appointment made on or after
The authority granted in paragraph (a) shall extend to all activities of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands, and shall be in addition to the authority conferred upon the Inspector General by chapter 4 of title 5. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263, 268).
In order to carry out the provisions of this section, the personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, of the office of the government comptroller for Guam related to its audit function, with respect to the government of the Trust Territory of the Pacific Islands and the government of the Northern Mariana Islands are hereby transferred to the Office of Inspector General, Department of the Interior.
Section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (b), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
A prior section 1681b, acts June 30, 1954, ch. 423, § 4, as added
2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 4 of title 5.” for “the Inspector General Act of 1978 (92 Stat. 1101), as amended.”
Section, Pub. L. 96–205, title II, § 201(a),
Section, act
June 13, 1956, ch. 380, title I, 70 Stat. 265.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 458.
Aug. 31, 1951, ch. 375, title I, 65 Stat. 263.
All financial transactions of the Trust Territory, including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, may be audited by the Government Accountability Office, at its discretion, in accordance with chapter 35 of title 31.
Section is from the appropriation act cited as the credit to this section.
Section was formerly classified to section 1436 of this title.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 103–138, title I,
Pub. L. 102–381, title I,
Pub. L. 102–154, title I,
Pub. L. 101–512, title I,
Pub. L. 101–121, title I,
Pub. L. 100–446, title I,
Pub. L. 100–202, § 101(g) [title I],
Pub. L. 99–500, § 101(h) [title I],
Pub. L. 99–190, § 101(d) [title I],
Pub. L. 98–473, title I, § 101(c) [title I],
Pub. L. 98–146, title I,
Pub. L. 97–394, title I,
Pub. L. 97–100, title I,
Pub. L. 96–514, title I,
Pub. L. 96–126, title I,
Pub. L. 95–465, title I,
Pub. L. 95–74, title I,
Pub. L. 94–373, title I,
Pub. L. 94–165, title I,
Pub. L. 93–404, title I,
Pub. L. 93–120, title I,
Pub. L. 92–369, title I,
Pub. L. 92–76, title I,
Pub. L. 91–361, title I,
Pub. L. 91–98, title I,
Pub. L. 90–425, title I,
Pub. L. 90–28, title I,
Pub. L. 89–435, title I,
Pub. L. 89–52, title I,
Pub. L. 88–356, title I,
Pub. L. 88–79, title I,
Pub. L. 87–578, title I,
Pub. L. 87–122, title I,
Pub. L. 86–455, title I,
Pub. L. 86–60, title I,
Pub. L. 85–439, title I,
Pub. L. 85–77, title I,
June 13, 1956, ch. 380, title I, 70 Stat. 265.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
July 31, 1953, ch. 298, title I, 67 Stat. 273.
July 9, 1952, ch. 597, title I, 66 Stat. 458.
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
After
Section was formerly classified to section 1437 of this title.
Section is from the Interior Department Appropriation Act, 1954, act
Similar provisions were contained in the Interior Department Appropriation Act, 1953, act July 9, 1952, ch. 597, title I, 66 Stat. 458.
After
Section was formerly classified to section 1438 of this title.
In text, “chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c),
Section 1686, act July 31, 1953, ch. 298, title I, 67 Stat. 274, which prohibited new activity in the Trust Territory of the Pacific Islands requiring expenditures of Federal funds without specific prior approval of Congress, was not repeated in subsequent appropriation acts. Section was formerly classified to section 1439 of this title.
Section 1687, act
June 13, 1956, ch. 380, title I, 70 Stat. 265.
June 16, 1955, ch. 147, title I, 69 Stat. 149.
July 1, 1954, ch. 446, title I, 68 Stat. 372.
For the purpose of promoting economic development in the Trust Territory of the Pacific Islands, there is authorized to be appropriated to the Secretary of the Interior, for payment to the government of the Trust Territory of the Pacific Islands as a grant in accordance with the provisions of sections 1688 to 1693 of this title, an amount which when added to the development fund established pursuant to section 3 of the Act of August 22, 1964 (78 Stat. 601), as augmented by subsequent Federal grants, will create a total fund of $5,000,000, which shall thereafter be known as the Trust Territory Economic Development Loan Fund.
Section 3 of the Act of August 22, 1964, referred to in text, is section 3 of act
The grant authorized by section 1688 of this title shall be made only after the government of the Trust Territory of the Pacific Islands has submitted to the Secretary of the Interior a plan for the use of the grant, and the plan has been approved by the Secretary. The plan shall provide among other things for a revolving fund to make loans or to guarantee loans to private enterprise. The term of any loan made pursuant to the plan shall not exceed twenty-five years.
No loan or loan guarantee shall be made under sections 1688 to 1693 of this title to any applicant who does not satisfy the territorial administering agency that financing is otherwise unavailable on reasonable terms and conditions. No loan or loan guarantee shall exceed (1) the amount which can reasonably be expected to be repaid, (2) the minimum amount necessary to accomplish the purposes of sections 1688 to 1693 of this title, or 25 per centum of the funds appropriated pursuant to section 1688 of this title. No loan guarantee shall guarantee more than 90 per centum of the outstanding amount of any loan, and the reserves maintained to guarantee the loan shall not be less than 25 per centum of the guarantee.
The plan provided for in section 1689 of this title shall set forth such fiscal control and accounting procedures as may be necessary to assure proper disbursement, repayment, and accounting for such funds.
The chief executives of the governments of the Marshall Islands, the Federated States of Micronesia, Palau, and the Northern Mariana Islands shall prepare, publish, and submit to the Congress and the Secretary of the Interior a comprehensive annual financial report in conformance with the standards of the National Council on Governmental Accounting within one hundred and twenty days after the close of the fiscal year. The comprehensive annual financial report shall include statistical data as set forth in the standards of the National Council on Governmental Accounting relating to the physical, economic, social, and political characteristics of the government, and any other information required by the Congress. The chief executives shall also make such other reports at such other times as may be required by the Congress or under applicable Federal laws. This section is not subject to termination under section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263, 268).
Section 502(a)(3) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
1998—Pub. L. 105–362 struck out “The chief executives shall transmit the comprehensive annual financial report to the Inspector General of the Department of the Interior who shall audit it and report his findings to the Congress.” after “required by the Congress.” and “The chief executives shall submit to the Congress, the Secretary of the Interior, the High Commissioner of the Trust Territory of the Pacific Islands, and the cognizant Federal auditors a written statement of actions taken or contemplated on Federal audit recommendations within sixty days after the issuance date of the audit report.” after “applicable Federal law.”
1982—Pub. L. 97–357 substituted provisions relating to preparation, etc., by the chief executives of the governments of the Marshall Islands, etc., of a comprehensive annual financial report to be submitted to the Congress and the Secretary of the Interior and transmitted to the Inspector General of the Interior Department, preparation of other congressionally required reports, submission of a written statement of actions taken or contemplated on Federal audit recommendations, and prohibition of termination of this section under the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States, for provisions relating to an annual report by the High Commissioner of the Trust Territory of the Pacific Islands on the administration of sections 1688 to 1693 of this title.
For termination, effective
Pub. L. 97–357, title II, § 203(e),
The Comptroller General of the United States, or any of his duly authorized representatives, shall have access, for the purpose of audit and examination, to any relevant books, documents, papers, or records of the government of the Trust Territory of the Pacific Islands.
Sections 1694 to 1694e, Pub. L. 95–157, §§ 1–6,
Notwithstanding any other provision of law, except in cases in which the Federal program is terminated with respect to all recipients under the program, Federal programs in the fields of education and health care shall not cease to apply to the Trust Territory of the Pacific Islands or any successor government or governments, and shall continue to be available to the extent said territory or its successor or successors are eligible to participate in such programs. Participation in any applicable Federal programs in the fields of education and health care by the Trust Territory of the Pacific Islands or any successor government or governments shall not be denied, decreased or ended, either before or after the termination of the trusteeship, without the express approval of the United States Congress and shall continue at such levels as the Congress may provide in appropriation Acts.
1980—Pub. L. 96–597 substituted “and shall continue to be available to the extent said territory or its successor or successors are eligible to participate in such programs. Participation” for “nor shall participation”, “governments shall not be denied” for “governments be denied” and inserted “and shall continue at such levels as the Congress may provide in appropriation Acts.” after “United States Congress”.
Section 1701, Pub. L. 88–183, § 1,
Section 1702, Pub. L. 88–183, § 2,
Section 1703, Pub. L. 88–183, § 3,
The criminal laws of the United States, referred to in subsec. (a), are classified generally to Title 18, Crimes and Criminal Procedure.
1986—Subsec. (a). Pub. L. 99–396 amended first sentence generally. Prior to amendment, first sentence read as follows: “Except as otherwise provided in this section, the governments of Guam, the Virgin Islands, and American Samoa, as the case may be, shall have concurrent jurisdiction with the United States over parties found, acts performed, and offenses committed on property owned, reserved, or controlled by the United States in Guam, the Virgin Islands, and American Samoa.”
Subject to valid existing rights, all right, title, and interest of the United States in lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide and seaward to a line three geographical miles distant from the coastlines of the territories of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as heretofore or hereafter modified by accretion, erosion, and reliction, and in artificially made, filled in, or reclaimed lands which were formerly permanently or periodically covered by tidal waters, are hereby conveyed to the governments of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and American Samoa, as the case may be, to be administered in trust for the benefit of the people thereof.
No conveyance shall be made by the Secretary pursuant to subsection (a) or (b) of this section until the expiration of sixty calendar days (excluding days on which the House of Representatives or the Senate is not in session because of an adjournment of more than three days to a day certain) from the date on which the Secretary of the Interior submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an explanatory statement indicating the tract proposed to be conveyed and the need therefor, unless prior to the expiration of such sixty calendar days both committees inform the Secretary that they wish to take no action with respect to the proposed conveyance.
The authorization for the construction by the Navy of the Ammunition Pier under the Military Construction Authorization Act, 1971, (84 Stat. 1204), as amended by section 201 of the Military Construction Act, 1973 (86 Stat. 1135), referred to in subsec. (b)(iii), is contained in section 201 of Pub. L. 91–511,
The date of enactment of this Act, referred to in subsec. (b)(iii), (iv), and (vii), is the date of enactment of Pub. L. 93–435, which was approved
The Act entitled “An Act to establish a National Park Service, and for other purposes”, approved
Section 398b of title 16, referred to in subsec. (b)(x), was repealed by Pub. L. 85–404,
The date of enactment of this subsection, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 96–205, which was approved
2013—Pub. L. 113–34 inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,” wherever appearing.
1994—Subsec. (c). Pub. L. 103–437 substituted “Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate” for “Committees on Interior and Insular Affairs of the House of Representatives and the Senate”.
1980—Subsec. (c). Pub. L. 96–205, § 607(b), inserted “subsection (a) or (b) of” before “this section”.
Subsec. (d). Pub. L. 96–205, § 607(a), added subsec. (d).
Pub. L. 113–34, § 1(b),
Proc. No. 4346, eff.
The Buck Island Reef National Monument, situated off the northeast coast of Saint Croix Island in the Virgin Islands of the United States, was established by Proclamation No. 3443 of
These thirty acres of submerged lands are presently owned in fee by the United States. They will be conveyed to the Government of the Virgin Islands on
Under Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431) [see 54 U.S.C. 320301(a)–(c)], the President is authorized to declare by public Proclamation objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments, and may reserve as a part thereof parcels of land, the limits of which in all cases shall be confined to the smallest area compatible with the proper care and management of the objects to be protected. The aforementioned thirty acres of submerged lands are contiguous to the site of the Buck Island Reef National Monument, constitute a part of the ecological community of the Buck Island Reef, and will not enlarge the monument boundaries beyond the smallest area compatible with its proper care and management.
NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 1(b)(vii) of Public Law 93–435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do hereby proclaim that the lands hereinafter described are excepted from the transfer to the Government of the Virgin Islands under Section 1(a) of Public Law 93–435 [subsec. (a) of this section]; and, by virtue of the authority vested in me by Section 2 of the Act of June 8, 1906, 34 Stat. 225 (16 U.S.C. 431) [see 54 U.S.C. 320301(a)–(c)], do hereby proclaim that, subject to valid existing rights, the lands hereinafter described are hereby added to and made a part of the Buck Island Reef National Monument, and Proclamation No. 3443 of
Beginning at latitude 17°47′30′′ N. longitude 64°36′32′′ W; thence approximately 1000 feet to latitude 17°47′27′′ N, longitude 64°36′22′′ W; thence approximately 900 feet to latitude 17°47′18′′ N, longitude 64°36′22′′ W; thence approximately 1000 feet to latitude 17°47′15′′ N, longitude 64°36′32′′ W; thence approximately 1500 feet to latitude 17°47′30′′ N, longitude 64°36′32′′ W, then place of beginning, embracing an area of approximately 30 acres.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord nineteen hundred seventy-five and of the Independence of the United States of America the one hundred and ninety-ninth.
Proc. No. 4347, eff.
The submerged lands surrounding the Rose Atoll National Wildlife Refuge in American Samoa are necessary for the protection of the Atoll’s marine life, including the green sea and hawksbill turtles. The submerged lands in Apra Harbor and those adjacent to Inapsan Beach and Urano Point in Guam, and certain submerged lands on the west coast of St. Croix, United States Virgin Islands are required for national defense purposes. These submerged lands in American Samoa, Guam and the United States Virgin Islands will be conveyed to the Government of those territories, on
NOW, THEREFORE, I GERALD R. FORD, President of the United States of America, by virtue of authority vested in me by Section 1(b)(vii) of Public Law 93–435 (88 Stat. 1210) [subsec. (b)(vii) of this section], do hereby proclaim that the lands hereinafter described are excepted from the transfer to the Government of American Samoa, the Government of Guam and the Government of the United States Virgin Islands under Section 1(a) of Public Law 93–425. [subsec. (a) of this section].
American Samoa. The submerged lands adjacent to Rose Atoll located 78 miles east-southeast of Tau Island in the Manua Group at latitude 14°32′52′′ south and longitude 168°08′34′′ west, which lands shall be under the joint administrative jurisdiction of the Department of Commerce and the Department of the Interior.
Guam. (1) The submerged lands of inner and outer Apra Harbor; and, (2) the submerged lands adjacent to the following uplands: (a) Unsurveyed land, Municipality of Machanao, Guam, as delineated on Commander Naval Forces. Marianas Y & D Drawing Numbered 597–464, lying between the seaward boundaries of Lots Numbered 9992 through 9997 and the mean high tide, containing an undetermined area of land, (b) unsurveyed land, Municipality of Machanao, Guam, as delineated on Commander Naval Forces, Marianas Y & D Drawing Numbered 597–464, lying between the seaward boundary of Lot Numbered 10080 and the line of mean high tide, containing an undetermined amount of land, and (c) Lot Numbered PO 4.1 in the Municipality of Machanao, Guam, as delineated on Y & D Drawing Numbered 597–464, more particularly described as surveyed land bordered on the north by Lot Numbered 10080, Machanao, east by Northwest Air Force Base, south by U. S. Naval Communication Station (Finegayan) and west by the sea containing a computed area of 125.50 acres, more or less. All of the above lands within the territory of Guam shall be under the administrative jurisdiction of the Department of the Navy.
The Virgin Islands. (1) The submerged lands as described in the Code of Federal Regulations revised as of
IN WITNESS WHEREOF, I have hereunto set my hand this first day of February, in the year of our Lord nineteen hundred seventy-five, and of the Independence of the United States of America the one hundred and ninety-ninth.
Proc. No. 9077,
The submerged lands surrounding the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion in the Commonwealth of the Northern Mariana Islands are among the most biologically diverse in the Western Pacific, with relatively pristine coral reef ecosystems that have been proclaimed objects of scientific interest and reserved for their protection as the Islands Unit of the Marianas Trench Marine National Monument (marine national monument) by Proclamation 8335 of
Certain of these submerged lands will be conveyed by the United States to the Government of the Commonwealth of the Northern Mariana Islands on
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of authority vested in me by section 1(b)(vii) of the Act, do hereby proclaim that the lands hereinafter described are excepted from transfer to the Government of the Commonwealth of the Northern Mariana Islands under section 1(a) of the Act:
the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion permanently covered by tidal waters up to the mean low water line and extending three geographical miles seaward from the mean high tide line; and
the submerged lands adjacent to the islands of Tinian and Farallon de Medinilla permanently or periodically covered by tidal waters up to the line of mean high tide and extending seaward to a line three geographical miles distant from those areas of the coastline that are adjacent to the leased lands described in the Lease.
Nothing in this proclamation is intended to affect the authority of the Secretary of the Interior (Secretary) under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the islands of Farallon de Pajaros (Uracas), Maug, and Asuncion when the Secretary, the Secretary of Commerce, and the Government of the Commonwealth of the Northern Mariana Islands have entered into an agreement for coordination of management that ensures the protection of the marine national monument within the excepted area described above. Furthermore, nothing in this proclamation is intended to affect the authority of the Secretary under section 1(b) of the Act to subsequently convey the submerged lands adjacent to the land leased by the United States on the islands of Tinian or Farallon de Medinilla when the Secretary of the Navy and the Government of the Commonwealth of the Northern Mariana Islands have entered into an agreement that ensures protection of military training within the excepted area.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand fourteen, and of the Independence of the United States of America the two hundred and thirty-eighth.
Nothing in this Act shall affect the right of the President to establish naval defensive sea areas and naval airspace reservations around and over the islands of Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, and the Virgin Islands when deemed necessary for national defense.
Nothing in this Act shall affect the use, development, improvement, or control by or under the constitutional authority of the United States of the lands transferred by section 1705 of this title, and the navigable waters overlying such lands, for the purposes of navigation or flood control or the production of power, or be construed as the release or relinquishment of any rights of the United States arising under the constitutional authority of Congress to regulate or improve navigation, or to provide for flood control or the production of power.
The United States retains all of its navigational servitude and rights in and powers of regulation and control of the lands conveyed by section 1705 of this title, and the navigable waters overlying such lands, for the constitutional purposes of commerce, navigation, national defense, and international affairs, all of which shall be paramount to, but shall not be deemed to include, proprietary rights of ownership, or the rights of management, administration, leasing, use, and development of the lands and natural resources which are specifically conveyed to the government of Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, or American Samoa, as the case may be, by section 1705 of this title.
Nothing in this Act shall affect the status of lands beyond the three-mile limit described in section 1705 of this title.
This Act, referred to in subsecs. (a), (b), and (d), is Pub. L. 93–435,
2013—Subsecs. (a), (c). Pub. L. 113–34 inserted “the Commonwealth of the Northern Mariana Islands,” after “Guam,”.
On and after the date of enactment of this Act, all rents, royalties, or fees from leases, permits, or use rights, issued prior to such date of enactment by the United States with respect to the land conveyed by this Act, or by the amendment made by this Act, and rights of action for damages for trespass occupancies of such lands shall accrue and belong to the appropriate local government under whose jurisdiction the land is located.
Date of enactment, referred to in text, is the date of enactment of Pub. L. 93–435, which was approved
This Act, referred to in text, is Pub. L. 93–435,
The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93–435 to section 1545(b) of this title.
For the purposes of the amendment made by subsection (a) of section 1 of Pub. L. 113–34, amending sections 1705 and 1706 of this title, the references to “date of enactment” in text shall be considered to be references to
No person shall be denied access to, or any of the benefits accruing from, the lands conveyed by this Act, or by the amendment made by this Act, on the basis of race, religion, creed, color, sex, national origin, or ancestry: Provided, however, That this section shall not be construed in derogation of any of the provisions of the
This Act, referred to in text, is Pub. L. 93–435,
The amendment made by this Act, referred to in text, means the amendment made by section 3 of Pub. L. 93–435 to section 1545(b) of this title.
Act of
Act of
The territory of Guam and the territory of the Virgin Islands each shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided.
1998—Subsec. (a). Pub. L. 105–209 inserted “from the Virgin Islands” before “shall be elected at large” and inserted “The Delegate from Guam shall be elected at large and by a majority of the votes cast for the office of Delegate.” before “If no candidate receives such majority”.
The legislature of each territory may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein.
The Delegate from Guam and the Delegate from the Virgin Islands shall have such privileges in the House of Representatives as may be afforded him under the Rules of the House of Representatives. Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from each territory shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to the Resident Commissioner for Puerto Rico: Provided, That the right to vote in committee shall be as provided by the Rules of the House of Representatives.
1996—Pub. L. 104–186 struck out last two provisos which read as follows: “Provided further, That the clerk hire allowance of each Delegate shall be a single per annum gross rate that is 60 per centum of the clerk hire allowance of a Member: Provided further, That the transportation expenses of each Delegate that are subject to reimbursement under section 43b of title 2 shall not exceed the cost of four round trips each year.”
The Territory of American Samoa shall be represented in the United States Congress by a nonvoting Delegate to the House of Representatives, elected as hereinafter provided.
The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Territory of American Samoa at the general Federal election of 1980, and thereafter at such general election every second year thereafter. The Delegate shall be elected at large, by separate ballot, and by a plurality of the votes cast for the office of Delegate. In case of a permanent vacancy in the office of Delegate, by reason of death, resignation, or permanent disability, the office of Delegate shall remain vacant until a successor shall have been elected and qualified.
The term of the Delegate shall commence on the third day of January following the date of the election.
The legislature of American Samoa may, but is not required to, provide for primary elections for the election of Delegate.
Notwithstanding subsection (a), if the legislature of American Samoa provides for primary elections for the election of Delegate, the Delegate shall be elected by a majority of votes cast in any subsequent general election for the office of Delegate for which such primary elections were held.
2004—Subsec. (a). Pub. L. 108–376, § 2(1), substituted “plurality of the votes cast” for “majority of the votes cast” and struck out “If no candidate receives such majority, on the fourteenth day following such election a runoff election shall be held between the candidates receiving the highest and the second highest number of votes cast for the office of Delegate.” before “In case of”.
Subsecs. (c), (d). Pub. L. 108–376, § 2(2), added subsecs. (c) and (d).
Pub. L. 108–376, § 3,
Pub. L. 108–376, § 1,
1978—Subsec. (b). Pub. L. 95–584 substituted allegiance requirement for provision requiring United States citizenship for at least seven years prior to the date of the election.
Acting pursuant to legislation enacted in accordance with section 9, article II of the American Samoan Revised Constitution, the territorial government will determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for herein.
Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from American Samoa shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities that are, or hereinafter may be, granted to the nonvoting Delegate from the Territory of Guam.
1982—Pub. L. 97–357 struck out proviso limiting clerk hire allowance for Delegate from American Samoa to 50 per centum of clerk hire allowance of a Member of House of Representatives.
Pub. L. 97–357, title IV, § 401,
The Commonwealth of the Northern Mariana Islands shall be represented in the United States Congress by the Resident Representative to the United States authorized by section 901 of the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (approved by Public Law 94–241 (48 U.S.C. 1801 et seq.)). The Resident Representative shall be a nonvoting Delegate to the House of Representatives, elected as provided in this subchapter.
Section 901 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Public Law 94–241, referred to in text, is Pub. L. 94–241,
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229,
The Delegate shall be elected at large and by a plurality of the votes cast for the office of Delegate.
Notwithstanding paragraph (1), if the Government of the Commonwealth of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, provides for primary elections for the election of the Delegate, the Delegate shall be elected by a majority of the votes cast in any general election for the office of Delegate for which such primary elections were held.
In case of a permanent vacancy in the office of Delegate, the office of Delegate shall remain vacant until a successor is elected and qualified.
The term of the Delegate shall commence on the 3d day of January following the date of the election.
Acting pursuant to legislation enacted in accordance with the Constitution of the Commonwealth of the Northern Mariana Islands, the Government of the Commonwealth of the Northern Mariana Islands may determine the order of names on the ballot for election of Delegate, the method by which a special election to fill a permanent vacancy in the office of Delegate shall be conducted, the method by which ties between candidates for the office of Delegate shall be resolved, and all other matters of local application pertaining to the election and the office of Delegate not otherwise expressly provided for in this subchapter.
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229,
Until the Rules of the House of Representatives are amended to provide otherwise, the Delegate from the Commonwealth of the Northern Mariana Islands shall receive the same compensation, allowances, and benefits as a Member of the House of Representatives, and shall be entitled to whatever privileges and immunities are, or hereinafter may be, granted to any other nonvoting Delegate to the House of Representatives.
No provision of this subchapter shall be construed to alter, amend, or abrogate any provision of the covenant referred to in section 1751 of this title except section 901 of the covenant.
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229,
The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
For purposes of this subchapter, the term “Delegate” means the Resident Representative referred to in section 1751 of this title.
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 711–718) of title VII of Pub. L. 110–229,
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, the text of which is as follows, is hereby approved.
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in text, which was contained in this section (section 1 of Pub. L. 94–241), is set out as a note below.
Section was formerly set out as a note under section 1681 of this title.
Pub. L. 116–94, div. P, title IX, § 901,
Pub. L. 116–24, § 1,
Pub. L. 115–218, § 1,
Pub. L. 115–53, § 1,
Pub. L. 98–213, §§ 17–25,
Pub. L. 94–27, § 2,
Pub. L. 94–241 which enacted this subchapter contained several “Whereas” clauses reading as follows: “Whereas the United States is the administering authority of the Trust Territory of the Pacific Islands under the terms of the trusteeship agreement for the former Japanese-mandated islands entered into by the United States with the Security Council of the United Nations on “Whereas the United States, in accordance with the trusteeship agreement and the Charter of the United Nations, has assumed the obligation to promote the development of the peoples of the trust territory toward self-government or independence as may be appropriate to the particular circumstances of the trust territory and its peoples and the freely expressed wishes of the peoples concerned; and “Whereas the United States, in response to the desires of the people of the Northern Mariana Islands clearly expressed over the past twenty years through public petition and referendum, and in response to its own obligations under the trusteeship agreement to promote self-determination, entered into political status negotiations with representatives of the people of the Northern Mariana Islands; and “Whereas, on
Pub. L. 94–241, § 1,
“Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America
“Whereas, the Charter of the United Nations and the Trusteeship Agreement between the Security Council of the United Nations and the United States of America guarantee to the people of the Northern Mariana Islands the right freely to express their wishes for self-government or independence; and
“Whereas, the United States supports the desire of the people of the Northern Mariana Islands to exercise their inalienable right of self-determination; and
“Whereas, the people of the Northern Mariana Islands and the people of the United States share the goals and values found in the American system of government based upon the principles of government by the consent of the governed, individual freedom and democracy; and
“Whereas, for over twenty years, the people of the Northern Mariana Islands, through public petition and referendum, have clearly expressed their desire for political union with the United States;
“Now, therefore, the Marianas Political Status Commission, being the duly appointed representative of the people of the Northern Mariana Islands, and the Personal Representative of the President of the United States have entered into this Covenant in order to establish a self-governing commonwealth for the Northern Mariana Islands within the American political system and to define the future relationship between the Northern Mariana Islands and the United States. This Covenant will be mutually binding when it is approved by the United States, by the Mariana Islands District Legislature and by the people of the Northern Mariana Islands in a plebiscite, constituting on their part a sovereign act of self-determination.
“Article I
“political relationship
“
“
“
“
“
“Article II
“constitution of the northern mariana islands
“
“
“
“(b) The executive power of the Northern Mariana Islands will be vested in a popularly elected Governor and such other officials as the Constitution or laws of the Northern Mariana Islands may provide.
“(c) The legislative power of the Northern Mariana Islands will be vested in a popularly elected legislature and will extend to all rightful subjects of legislation. The Constitution of the Northern Mariana Islands will provide for equal representation for each of the chartered municipalities of the Northern Mariana Islands in one house of a bicameral legislature, notwithstanding other provisions of this Covenant or those provisions of the Constitution or laws of the United States applicable to the Northern Mariana Islands.
“(d) The judicial power of the Northern Mariana Islands will be vested in such courts as the Constitution or laws of the Northern Mariana Islands may provide. The Constitution or laws of the Northern Mariana Islands may vest in such courts jurisdiction over all causes in the Northern Mariana Islands over which any court established by the Constitution or laws of the United States does not have exclusive jurisdiction.
“
“Article III
“citizenship and nationality
“
“(a) all persons born in the Northern Mariana Islands who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, and who on that date are domiciled in the Northern Mariana Islands or in the United States or any territory or possession thereof;
“(b) all persons who are citizens of the Trust Territory of the Pacific Islands on the day preceding the effective date of this Section, who have been domiciled continuously in the Northern Mariana Islands for at least five years immediately prior to that date, and who, unless under age, registered to vote in elections for the Marianas Islands District Legislature or for any municipal election in the Northern Mariana Islands prior to
“(c) all persons domiciled in the Northern Mariana Islands on the day preceding the effective date of this Section, who, although not citizens of the Trust Territory of the Pacific Islands, on that date have been domiciled continuously in the Northern Mariana Islands beginning prior to
“
“ ‘I ________ being duly sworn, hereby declare my intention to be a national but not a citizen of the United States.’
“
“
“Article IV
“judicial authority
“
“
“(b) The District Court will have original jurisdiction in all causes in the Northern Mariana Islands not described in Subsection (a) jurisdiction over which is not vested by the Constitution or laws of the Northern Mariana Islands in a court or courts of the Northern Mariana Islands. In causes brought in the District Court solely on the basis of this subsection, the District Court will be considered a court of the Northern Mariana Islands for the purposes of determining the requirements of indictment by grand jury or trial by jury.
“(c) The District Court will have such appellate jurisdiction as the Constitution or laws of the Northern Mariana Islands may provide. When it sits as an appellate court, the District Court will consist of three judges, at least one of whom will be a judge of a court of record of the Northern Mariana Islands.
“
“(b) Those portions of Title 28 of the United States Code which apply to Guam or the District Court of Guam will be applicable to the Northern Mariana Islands or the District Court for the Northern Mariana Islands, respectively, except as otherwise provided in this Article.
“Article V
“applicability of laws
“
“(b) The applicability of certain provisions of the Constitution of the United States to the Northern Mariana Islands will be without prejudice to the validity of and the power of the Congress of the United States to consent to Sections 203, 506 and 805 and the proviso in Subsection (a) of this Section.
“
“(1) those laws which provide federal services and financial assistance programs and the federal banking laws as they apply to Guam; Section 228 of Title II and Title XVI of the Social Security Act as it applies to the several States; the Public Health Service Act as it applies to the Virgin Islands; and the Micronesian Claims Act as it applies to the Trust Territory of the Pacific Islands;
“(2) those laws not described in paragraph (1) which are applicable to Guam and which are of general application to the several States as they are applicable to the several States; and
“(3) those laws not described in paragraph (1) or (2) which are applicable to the Trust Territory of the Pacific Islands, but not their subsequent amendments unless specifically made applicable to the Northern Mariana Islands, as they apply to the Trust Territory of the Pacific Islands until termination of the Trusteeship Agreement, and will thereafter be inapplicable.
“(b) The laws of the United States regarding coastal shipments and the conditions of employment, including the wages and hours of employees, will apply to the activities of the United States Government and its contractors in the Northern Mariana Islands.
“
“(a) except as otherwise provided in Subsection (b) of Section 502, the coastwise laws of the United States and any prohibition in the laws of the United States against foreign vessels landing fish or unfinished fish products in the United States; and
“(b) the minimum wage provisions of Section 6, Act of
“
“
“
“Article VI
“revenue and taxation
“
“(b) Any individual who is a citizen or a resident of the United States, of Guam, or of the Northern Mariana Islands (including a national of the United States who is not a citizen), will file only one income tax return with respect to his income, in a manner similar to the provisions of Section 935 of Title 26, United States Code.
“(c) References in the Internal Revenue Code to Guam will be deemed also to refer to the Northern Mariana Islands, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof or of this Covenant.
“
“
“(b) The Government of the Northern Mariana Islands may, in a manner consistent with the international obligations of the United States, levy duties on goods imported into its territory from any area outside the customs territory of the United States and impose duties on exports from its territory.
“(c) Imports from the Northern Mariana Islands into the customs territory of the United States will be subject to the same treatment as imports from Guam into the customs territory of the United States.
“(d) The Government of the United States will seek to obtain from foreign countries favorable treatment for exports from the Northern Mariana Islands and will encourage other countries to consider the Northern Mariana Islands a developing territory.
“
“(b) The Government of the Northern Mariana Islands will have the authority to impose excise taxes upon goods manufactured, sold or used or services rendered within its territory or upon goods imported into its territory, provided that such excise taxes imposed on goods imported into its territory will be consistent with the international obligations of the United States.
“
“
“(b) Those laws of the United States which impose excise and self-employment taxes to support or which provide benefits from the United States Social Security System will on January 1 of the first calendar year following the termination of the Trusteeship Agreement or upon such earlier date as may be agreed to by the Government of the Northern Mariana Islands and the Government of the United States become applicable to the Northern Mariana Islands as they apply to Guam. (As amended Pub. L. 98–213, § 9,
“(c) At such time as the laws described in Subsection (b) become applicable to the Northern Mariana Islands:
“(1) the Northern Mariana Islands Social Security Retirement Fund will be transferred into the appropriate Federal Social Security Trust Funds;
“(2) prior contributions by or on behalf of persons domiciled in the Northern Mariana Islands to the Trust Territory Social Security Retirement Fund or the Northern Mariana Islands Social Security Retirement Fund will be considered to have been made to the appropriate Federal Social Security Trust Funds for the purpose of determining eligibility of those persons in the Northern Mariana Islands for benefits under those laws; and
“(3) persons domiciled in the Northern Mariana Islands who are eligible for or entitled to social security benefits under the laws of the Trust Territory of the Pacific Islands or of the Northern Mariana Islands will not lose their entitlement and will be eligible for or entitled to benefits under the laws described in Subsection (b).
“
“(b) During the initial seven year period of financial assistance provided for in Section 702, and during such subsequent periods of financial assistance as may be agreed, the Government of the Northern Mariana Islands will authorize no public indebtedness (other than bonds or other obligations of the Government payable solely from revenues derived from any public improvement or undertaking) in excess of ten percentum of the aggregate assessed valuation of the property within the Northern Mariana Islands.
“Article VII
“united states financial assistance
“
“
“(a) $8.25 million for budgetary support for government operations, of which $250,000 each year will be reserved for a special education training fund connected with the change in the political status of the Northern Mariana Islands;
“(b) $4 million for capital improvement projects, of which $500,000 each year will be reserved for such projects on the Island of Tinian and $500,000 each year will be reserved for such projects on the Island of Rota; and
“(c) $1.75 million for an economic development loan fund, of which $500,000 each year will be reserved for small loans to farmers and fishermen and to agricultural and marine cooperatives, and of which $250,000 each year will be reserved for a special program of low interest housing loans for low income families.
“
“(b) There will be paid into the Treasury of the Government of the Northern Mariana Islands, to be expended to the benefit of the people thereof as that Government may by law prescribe, the proceeds of all customs duties and federal income taxes derived from the Northern Mariana Islands, the proceeds of all taxes collected under the internal revenue laws of the United States on articles produced in the Northern Mariana Islands and transported to the United States, its territories or possessions, or consumed in the Northern Mariana Islands, the proceeds of any other taxes which may be levied by the Congress on the inhabitants of the Northern Mariana Islands, and all quarantine and passport fees collected in the Northern Mariana Islands, except that nothing in this Section shall be construed to apply to any tax imposed by Chapters 2 or 21 of Title 26, United States Code. (As amended Pub. L. 110–229, title VII, § 702(g)(1)(C),
“
“(b) Approval of this Covenant by the United States will constitute an authorization for the appropriation of a pro-rata share of the funds provided under Section 702 for the period between the effective date of this Section and the beginning of the next succeeding fiscal year.
“(c) The amounts stated in Section 702 will be adjusted for each fiscal year by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index using the beginning of Fiscal Year 1975 as the base.
“(d) Upon expiration of the seven year period of guaranteed annual direct grant assistance provided by Section 702, the annual level of payments in each category listed in Section 702 will continue until Congress appropriates a different amount or otherwise provides by law.
“Article VIII
“property
“
“
“(1) on Tinian Island, approximately 17,799 acres (7,203 hectares) and the waters immediately adjacent thereto;
“(2) on Saipan Island, approximately 177 acres (72 hectares) at Tanapag Harbor; and
“(3) on Farallon de Medinilla Island, approximately 206 acres (83 hectares) encompassing the entire island, and the waters immediately adjacent thereto.
“(b) The United States affirms that it has no present need for or present intention to acquire any greater interest in property listed above than that which is granted to it under Subsection 803(a), or to acquire any property in addition to that listed in Subsection (a), above, in order to carry out its defense responsibilities.
“
“(b) The Government of the United States will pay to the Government of the Northern Mariana Islands in full settlement of this lease, including the second fifty year term of the lease if extended under the renewal option, the total sum of $19,520,600, determined as follows:
“(1) for that property on Tinian Island, $17.5 million;
“(2) for that property at Tanapag Harbor on Saipan Island, $2 million; and
“(3) for that property known as Farallon de Medinilla, $20,600.
The sum stated in this Subsection will be adjusted by a percentage which will be the same as the percentage change in the United States Department of Commerce composite price index from the date of signing the Covenant.
“(c) A separate Technical Agreement Regarding Use of Land To Be Leased by the United States in the Northern Mariana Islands will be executed simultaneously with this Covenant. The terms of the lease to the United States will be in accordance with this Section and with the terms of the Technical Agreement. The Technical Agreement will also contain terms relating to the leaseback of property, to the joint use arrangements for San Jose Harbor and West Field on Tinian Island, and to the principles which will govern the social structure relations between the United States military and the Northern Mariana Islands civil authorities.
“(d) From the property to be leased to it in accordance with this Covenant the Government of the United States will lease back to the Government of the Northern Mariana Islands, in accordance with the Technical Agreement, for the sum of one dollar per acre per year, approximately 6,458 acres (2,614 hectares) on Tinian Island and approximately 44 acres (18 hectares) at Tanapag Harbor on Saipan Island, which will be used for purposes compatible with their intended military use.
“(e) From the property to be leased to it at Tanapag Harbor on Saipan Island the Government of the United States will make available to the Government of the Northern Mariana Islands 133 acres (54 hectares) at no cost. This property will be set aside for public use as an American memorial park to honor the American and Marianas dead in the World War II Marianas Campaign. The $2 million received from the Government of the United States for the lease of this property will be placed into a trust fund, and used for the development and maintenance of the park in accordance with the Technical Agreement.
“
“(b) All facilities at Isely Field developed with federal aid and all facilities at that field usable for the landing and take-off of aircraft will be available to the United States for use by military and naval aircraft, in common with other aircraft, at all times without charge, except, if the use by military and naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities so used may be charged at a rate established by agreement between the Government of the Northern Mariana Islands and the Government of the United States.
“
“(a) will until twenty-five years after the termination of the Trusteeship Agreement, and may thereafter, regulate the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Northern Mariana Islands descent; and
“(b) may regulate the extent to which a person may own or hold land which is now public land.
“
“(b) The United States may, upon prior written notice to the Government of the Northern Mariana Islands, acquire for public purposes in accordance with federal laws and procedures any interest in real property in the Northern Mariana Islands by purchase, lease, exchange, gift or otherwise under such terms and conditions as may be negotiated by the parties. The United States will in all cases attempt to acquire any interest in real property for public purposes by voluntary means under this Subsection before exercising the power of eminent domain. No interest in real property will be acquired unless duly authorized by the Congress of the United States and appropriations are available therefor.
“(c) In the event it is not possible for the United States to obtain an interest in real property for public purposes by voluntary means, it may exercise within the Commonwealth the power of eminent domain to the same extent and in the same manner as it has and can exercise the power of eminent domain in a State of the Union. The power of eminent domain will be exercised within the Commonwealth only to the extent necessary and in compliance with applicable United States laws, and with full recognition of the due process required by the United States Constitution.
“Article IX
“northern mariana islands representative and consultation
“
“
“
“
“(b) The United States will assist and facilitate the establishment by the Northern Mariana Islands of offices in the United States and abroad to promote local tourism and other economic or cultural interests of the Northern Mariana Islands.
“(c) On its request the Northern Mariana Islands may participate in regional and other international organizations concerned with social, economic, educational, scientific, technical and cultural matters when similar participation is authorized for any other territory or possession of the United States under comparable circumstances.
“Article X
“approval, effective dates, and definitions
“
“(b) This Covenant will be approved by the United States in accordance with its constitutional processes and will thereupon become law.
“
“
“(a) Sections 105, 201–203, 503, 504, 606, 801, 903 and Article X will become effective on approval of this Covenant;
“(b) Sections 102, 103, 204, 304, Article IV, Sections 501, 502, 505, 601–605, 607, Article VII, Sections 802–805, 901 and 902 will become effective on a date to be determined and proclaimed by the President of the United States which will be not more than 180 days after this Covenant and the Constitution of the Northern Mariana Islands have both been approved; and
“(c) The remainder of this Covenant will become effective upon the termination of the Trusteeship Agreement and the establishment of the Commonwealth of the Northern Mariana Islands.
“
“(b) The Constitution of the Northern Mariana Islands will become effective in accordance with its terms on the same day that the provisions of this Covenant specified in Subsection 1003(b) become effective, provided that if the President finds and declares that the effectiveness of any provision of the Constitution of the Northern Mariana Islands prior to termination of the Trusteeship Agreement would be inconsistent with the Trusteeship Agreement such provision will be ineffective until termination of the Trusteeship Agreement. Upon the establishment of the Commonwealth of the Northern Mariana Islands the Constitution will become effective in its entirety in accordance with its terms as the Constitution of the Commonwealth of the Northern Mariana Islands.
“
“(a) ‘Trusteeship Agreement’ means the Trusteeship Agreement for the former Japanese Mandated Islands concluded between the Security Council of the United Nations and the United States of America, which entered into force on
“(b) ‘Northern Mariana Islands’ means the area now known as the Mariana Islands District of the Trust Territory of the Pacific Islands, which lies within the area north of 14° north latitude, south of 21° north latitude, west of 150° east longitude and east of 144° east longitude;
“(c) ‘Government of the Northern Mariana Islands’ includes, as appropriate, the Government of the Mariana Islands District of the Trust Territory of the Pacific Islands at the time this Covenant is signed, its agencies and instrumentalities, and its successors, including the Government of the Commonwealth of the Northern Mariana Islands;
“(d) ‘Territory or possession’ with respect to the United States includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa;
“(e) ‘Domicile’ means that place where a person maintains a residence with the intention of continuing such residence for an unlimited or indefinite period, and to which such person has the intention of returning whenever he is absent, even for an extended period.
“Signed at Saipan, Mariana Islands on the fifteenth day of February, 1975.
“For the people of the Northern Mariana Islands:
Chairman, Marianas
Political Status Commission.
Vicente N. Santos.
Vice Chairman, Marianas
Political Status Commission.
“For the United States of America:
Personal Representative of the
President of the United States.
“Members of the Marianas Political Status Commission:
Dr.
[Pub. L. 110–229, title VII, § 702(g)(2),
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Proc. No. 4534,
On
In accordance with the provisions of Article II of the Covenant, the people of the Northern Mariana Islands have formulated and approved a Constitution which was submitted to me on behalf of the Government of the United States on
The six-month period of Section 202 of the Covenant having expired on
I am satisfied that the Constitution of the Northern Mariana Islands complies with the requirements of Article II of the Covenant. I have also received advice from the Senate Committee on Energy and Natural Resources and the Subcommittee on National Parks and Insular Affairs of the House Committee on Interior and Insular Affairs that the Constitution complies with those requirements.
Sections 1003(b) and 1004(b) of the Covenant provide that the Constitution of the Northern Mariana Islands and the provisions specified in Section 1003(b) of the Covenant shall become effective on a date proclaimed by the President which will be not more than 180 days after the Covenant and the Constitution of the Northern Mariana Islands have both been approved.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, do hereby proclaim as follows:
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of October, in the year of our Lord nineteen hundred seventy-seven, and of the Independence of the United States of America the two hundred and second.
Proc. No. 4568,
Proc. No. 4726,
Proc. No. 4938,
Proc. No. 5207,
Proc. No. 5564,
Since
On
On
On
On
On
On
On
As of this day,
NOW, THEREFORE, I, RONALD REAGAN, by the authority vested in me as President by the Constitution and laws of the United States of America, including Section 1002 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and Sections 101 and 102 of the Joint Resolution to approve the “Compact of Free Association”, and for other purposes, approved on
(b) The Commonwealth of the Northern Mariana Islands in political union with and under the sovereignty of the United States of America is fully established on the date and at the time specified in Section 2(a) of this Proclamation.
(c) The domiciliaries of the Northern Mariana Islands are citizens of the United States to the extent provided for in Sections 301 through 303 of the Covenant on the date and at the time specified in this Proclamation.
(d) I welcome the Commonwealth of the Northern Mariana Islands into the American family and congratulate our new fellow citizens.
(b) I am gratified that the people of the Federated States of Micronesia and the Republic of the Marshall Islands, after nearly forty years of Trusteeship, have freely chosen to establish a relationship of Free Association with the United States.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.
Ex. Ord. No. 12572,
By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered that, consistent with the Joint Resolution to approve the “Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America,” approved
It is the sense of the Congress that pursuant to section 902 of the foregoing Covenant, and in any case within ten years from
The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section was formerly set out as a note under section 1681 of this title.
Pursuant to section 701 of the foregoing Covenant, enactment of this section shall constitute a commitment and pledge of the full faith and credit of the United States for the payment of $228 million at guaranteed annual amounts of direct grant assistance for the Government of the Northern Mariana Islands for an additional period of seven fiscal years after the expiration of the initial seven-year period specified in section 702 of said Covenant, which assistance shall be provided according to the schedule of payments contained in the Agreement of the Special Representatives on Future United States Financial Assistance for the Government of the Northern Mariana Islands, executed
The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section was formerly set out as a note under section 1681 of this title.
Pub. L. 99–396, § 2,
Section 704(c) of the foregoing Covenant shall not apply to the Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 1803 of this title.
Upon the expiration of the period of Federal financial assistance which is provided to the Government of the Northern Mariana Islands pursuant to section 1803 of this title, payments of direct grant assistance shall continue at the annual level provided for the last fiscal year of the additional period of seven fiscal years except that, for fiscal years 1996 through 1999, payments to the Commonwealth of the Northern Mariana Islands pursuant to the multi-year funding agreements contemplated under the Covenant shall be $11,000,000 annually and for fiscal year 2000, payments to the Commonwealth of the Northern Mariana Islands shall be $5,580,000, but shall return to the level of $11,000,000 annually for fiscal years 2001 and 2002. In fiscal year 2003, the payment to the Commonwealth of the Northern Mariana Islands shall be $5,420,000. Such payments shall be subject to an equal local match and all other requirements set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands, executed on
Within the amounts allocated for infrastructure pursuant to this section, and subject to the specific allocations made in subsection (c), additional contributions may be made, as set forth in appropriations Acts, to assist in the resettlement of Rongelap Atoll: Provided, That the total of all contributions from any Federal source after
The Covenant, referred to in subsec. (a), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section 1904(e)(6) of this title, referred to in subsec. (c)(1), was in the original “section 104(c)(6) of Public Law 99–239”, which was translated as meaning section 104(e)(6) of Pub. L. 99–239 to reflect the probable intent of Congress, because section 1904(c) does not contain pars. and section 1904(e)(6) relates to impact aid.
Section was formerly set out as a note under section 1681 of this title.
2008—Subsec. (c)(3). Pub. L. 110–229 substituted “Marshall Islands, except that $200,000 in fiscal year 2009 and $225,000 annually for fiscal years 2010 through 2018 are hereby rescinded; Provided, That the amount rescinded shall be increased by the same percentage as that of the annual salary and benefit adjustments for Members of Congress” for “Marshall Islands:”.
1999—Subsec. (b). Pub. L. 106–113 substituted “fiscal years 1996 through 1999” for “fiscal years 1996 through 2002” and “$11,000,000 annually and for fiscal year 2000, payments to the Commonwealth of the Northern Mariana Islands shall be $5,580,000, but shall return to the level of $11,000,000 annually for fiscal years 2001 and 2002. In fiscal year 2003, the payment to the Commonwealth of the Northern Mariana Islands shall be $5,420,000. Such payments shall be” for “$11,000,000 annually,”.
Subsec. (c)(4). Pub. L. 106–113 added par. (4).
1996—Subsec. (b). Pub. L. 104–134 substituted “except that, for fiscal years 1996 through 2002, payments to the Commonwealth of the Northern Mariana Islands pursuant to the multi-year funding agreements contemplated under the Covenant shall be $11,000,000 annually, subject to an equal local match and all other requirements set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands, executed on
Subsecs. (c), (d). Pub. L. 104–134 added subsecs. (c) and (d).
Should the Secretary of the Interior believe that the performance standards of the agreement identified in section 1803 of this title are not being met, he shall notify the Government of the Northern Mariana Islands in writing with the intent to resolve such issue in a mutually agreeable and expeditious manner and notify the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Should the issue not be resolved within thirty days after the notification is received by the Government of the Northern Mariana Islands, the Secretary of the Interior may request authority from Congress to withhold payment of an appropriate amount of the operations funds identified in the schedule of payments in paragraph 2 of part II of the Agreement of the Special Representatives for a period of less than one year but no funds shall be withheld except by Act of Congress.
Section was formerly set out as a note under section 1681 of this title.
Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress,
Subject to paragraphs (2) and (3), effective on the first day of the first full month commencing 1 year after
There shall be a transition period beginning on the transition program effective date and ending on
The Secretary of Homeland Security, in the Secretary’s sole discretion, in consultation with the Secretary of the Interior, the Secretary of Labor, the Secretary of State, the Attorney General, and the Governor of the Commonwealth, may determine that the transition program effective date be delayed for a period not to exceed more than 180 days after such date.
The Secretary of Homeland Security shall notify the Congress of a determination under subparagraph (A) not later than 30 days prior to the transition program effective date.
A delay of the transition program effective date shall not take effect until 30 days after the date on which the notification under subparagraph (B) is made.
The transition program shall be implemented pursuant to regulations to be promulgated, as appropriate, by the head of each agency or department of the United States having responsibilities under the transition program.
The Secretary of Homeland Security, the Secretary of State, the Secretary of Labor, and the Secretary of the Interior shall negotiate and implement agreements among their agencies to identify and assign their respective duties so as to ensure timely and proper implementation of the provisions of this section. The agreements should address, at a minimum, procedures to ensure that Commonwealth employers have access to adequate labor, and that tourists, students, retirees, and other visitors have access to the Commonwealth without unnecessary delay or impediment. The agreements may also allocate funding between the respective agencies tasked with various responsibilities under this section.
In addition to fees imposed pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of adjudication services, the Secretary shall impose an annual supplemental fee of $200 per nonimmigrant worker on each prospective employer who is issued a permit under subsection (d)(3) during the transition program. A prospective employer that is issued a permit with a validity period of longer than 1 year shall pay the fee for each year of requested validity at the time the permit is requested.
Beginning in fiscal year 2020, the Secretary, through notice in the Federal Register, may annually adjust the supplemental fee imposed under clause (i) by a percentage equal to the annual change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.
Amounts collected pursuant to clause (i) shall be deposited into the Treasury of the Commonwealth Government for the sole and exclusive purpose of funding vocational education, apprenticeships, or other training programs for United States workers.
Payments may not be made in a fiscal year from amounts deposited under subparagraph (A)(iii) before the Secretary of Labor has approved the expenditure plan submitted under subparagraph (B)(i) for that fiscal year.
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) shall not apply during the transition period to persons physically present in the Commonwealth or arriving in the Commonwealth (whether or not at a designated port of arrival), including persons brought to the Commonwealth after having been interdicted in international or United States waters.
An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 USC 1
Paragraph (1) does not apply with respect to the performance of services of labor at a location other than Guam or the Commonwealth.
Not later than 60 days before the transition program effective date, the Secretary of Homeland Security shall publish regulations in the Federal Register to implement this subsection.
Nothing in this subsection shall be construed to prevent or limit the removal under subparagraph 212(a)(6)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)) of such an alien at any time, if the alien entered the Commonwealth after
The Secretary of Homeland Security may require any alien present in the Commonwealth on or after the transition period effective date to register with the Secretary in such a manner, and according to such schedule, as he may in his discretion require. Paragraphs (1) and (2) of this subsection shall not apply to any alien who fails to comply with such registration requirement. Notwithstanding any other law, the Government of the Commonwealth shall provide to the Secretary all Commonwealth immigration records or other information that the Secretary deems necessary to assist the implementation of this paragraph or other provisions of the Consolidated Natural Resources Act of 2008. Nothing in this paragraph shall modify or limit section 262 of the Immigration and Nationality Act (8 U.S.C. 1302) or other provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] relating to the registration of aliens.
Except as specifically provided in paragraph (1)(A) of this subsection, nothing in this subsection shall prohibit or limit the removal of any alien who is removable under the Immigration and Nationality Act.
The Secretary of Homeland Security may execute any administratively final order of exclusion, deportation or removal issued under authority of the immigration laws of the United States before, on, or after the transition period effective date, or under authority of the immigration laws of the Commonwealth before the transition period effective date, upon any subject of such order found in the Commonwealth on or after the transition period effective date, regardless whether the alien has previously been removed from the United States or the Commonwealth pursuant to such order.
Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph.
The requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection or publication in the Federal Register shall not apply to any action to implement, administer or enforce this paragraph.
The provisions of this section and of the immigration laws, as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)), shall, on the transition program effective date, supersede and replace all laws, provisions, or programs of the Commonwealth relating to the admission of aliens and the removal of aliens from the Commonwealth.
No time that an alien is present in the Commonwealth in violation of the immigration laws of the Commonwealth shall be counted for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)).
The term “Commonwealth” means the Commonwealth of the Northern Mariana Islands.
The term “Commonwealth Only Transition Worker” means an alien who has been admitted into the Commonwealth under the transition program and is eligible for a permit under subsection (d)(3).
The term “Governor” means the Governor of the Commonwealth of the Northern Mariana Islands.
The term “Secretary” means the Secretary of Homeland Security.
The term “tax year” means the fiscal year immediately preceding the current fiscal year.
The Immigration and Nationality Act, referred to in subsecs. (d)(3)(A) and (e)(3), (4), (6)(B)(ii), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The Consolidated Natural Resources Act of 2008, referred to in subsec. (e)(1)(B), (3), is Pub. L. 110–229,
Section 141 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, referred to in subsec. (i)(6)(C)(i), is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of Title 48, Territories and Insular Possessions.
Section 141 of the Compact of Free Association between the United States and the Government of Palau, referred to in subsec. (i)(6)(C)(ii), is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of Title 48, Territories and Insular Possessions.
2023—Subsec. (b)(1)(B). Pub. L. 118–31 substituted “
2022—Subsec. (b)(1)(B). Pub. L. 117–263 substituted “
2021—Subsec. (b)(1)(B)(i). Pub. L. 116–283 substituted “contract” for “contact”, inserted “supporting,” after “connected to,” and “, with priority given to federally funded military projects” after “and in the Commonwealth”, and struck out “or” before “associated with”.
2019—Subsec. (d)(3)(E). Pub. L. 116–94 added subpar. (E).
Subsec. (e)(6). Pub. L. 116–24 added par. (6).
2018—Subsec. (a)(2). Pub. L. 115–218, § 3(a)(1)(A), substituted “2029” for “2019”.
Subsec. (a)(6). Pub. L. 115–218, § 3(a)(1)(B), amended par. (6) generally. Prior to amendment, text read as follows: “In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $200 per nonimmigrant worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition period. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities.”
Subsec. (b)(1)(B). Pub. L. 115–232, § 1045(a)(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “In the case of such an alien who seeks admission under section 101(a)(15)(H)(ii)(b) of such Act, such alien, if otherwise qualified, may, before
Subsec. (b)(2). Pub. L. 115–232, § 1045(a)(2), amended par. (2) generally. Prior to amendment, par. (2) provided numerical limitation on number of aliens that could be admitted for any fiscal year and directed that par. (1)(B) would not apply with respect to performance of services or labor at a location other than Guam or the Commonwealth.
Subsec. (b)(3). Pub. L. 115–218, § 3(a)(2), added par. (3).
Subsec. (d)(2). Pub. L. 115–218, § 3(a)(3)(B), added par. (2). Former par. (2) redesignated (3).
Subsec. (d)(3). Pub. L. 115–218, § 3(a)(3)(C), amended par. (3) generally. Prior to amendment, text read as follows: “The Secretary of Homeland Security shall establish, administer, and enforce a system for allocating and determining the number, terms, and conditions of permits to be issued to prospective employers for each such nonimmigrant worker described in this subsection who would not otherwise be eligible for admission under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), except a permit for construction occupations (as that term is defined by the Department of Labor as Standard Occupational Classification Group 47–0000 or any successor provision) shall only be issued to extend a permit first issued before
Pub. L. 115–218, § 3(a)(3)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (d)(4). Pub. L. 115–218, § 3(a)(3)(D), inserted “or to Guam for the purpose of transit only” after “except admission to the Commonwealth”.
Pub. L. 115–218, § 3(a)(3)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (d)(5). Pub. L. 115–218, § 3(a)(3)(E), inserted at end “Approval of a petition filed by the new employer with a start date within the same fiscal year as the current permit shall not count against the numerical limitation for that period.”
Pub. L. 115–218, § 3(a)(3)(A), redesignated par. (4) as (5). Former par. (5) redesignated (6).
Subsec. (d)(6). Pub. L. 115–218, § 3(a)(3)(A), redesignated par. (5) as (6).
Subsec. (d)(7). Pub. L. 115–218, § 3(a)(3)(F), added par. (7).
Subsec. (i). Pub. L. 115–218, § 3(a)(4), added subsec. (i).
2017—Subsec. (a)(6). Pub. L. 115–53, § 2(1), substituted “$200” for “$150”.
Subsec. (b). Pub. L. 115–91 amended subsec. (b) generally. Prior to amendment, text read as follows: “An alien, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) without counting against the numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184(g)). This subsection does not apply to any employment to be performed outside of Guam or the Commonwealth. Not later than 3 years following the transition program effective date, the Secretary of Homeland Security shall issue a report to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives projecting the number of asylum claims the Secretary anticipates following the termination of the transition period, the efforts the Secretary has made to ensure appropriate interdiction efforts, provide for appropriate treatment of asylum seekers, and prepare to accept and adjudicate asylum claims in the Commonwealth.”
Subsec. (d)(2). Pub. L. 115–53, § 2(2), inserted “, except a permit for construction occupations (as that term is defined by the Department of Labor as Standard Occupational Classification Group 47–0000 or any successor provision) shall only be issued to extend a permit first issued before
2014—Subsec. (a)(2). Pub. L. 113–235, § 10(1), substituted “
Subsec. (d)(2). Pub. L. 113–235, § 10(2)(A), substituted “ ‘ending on
Subsec. (d)(5), (6). Pub. L. 113–235, § 10(2)(B), (C), redesignated par. (6) as (5), and struck out former par. (5), which related to ascertaining current and anticipated labor needs of the Commonwealth, determination whether an extension of up to 5 years of provisions of subsection is necessary, publication of notice of such extension, and factors in determining whether alien workers are necessary to ensure adequate number of workers.
Pub. L. 115–232, div. A, title X, § 1045(b),
Pub. L. 115–218, § 3(e),
Pub. L. 115–91, div. A, title X, § 1049(c),
Pub. L. 110–229, title VII, § 705,
Pub. L. 115–218, § 3(b),
Pub. L. 115–218, § 2,
Pub. L. 115–218, § 3(d),
Pub. L. 110–229, title VII, § 701,
Pub. L. 110–229, title VII, § 702(h)(1), (2),
Pub. L. 110–229, title VII, § 702(h)(4),
Pub. L. 110–229, title VII, § 702(i), “During the period beginning on the date of enactment of this Act [
For the provision of technical assistance or support under this paragraph (other than that required to pay the salaries and expenses of Federal personnel), the Secretary of the Interior shall require a non-Federal matching contribution of 10 percent.
Section 1806(a)(4) of this title, as added by subsection (a), referred to in par. (1), probably means section 1806(a)(5) of this title, as added by subsection (a) of section 702 of Pub. L. 110–229.
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of Pub. L. 94–241 which comprises this subchapter.
Pub. L. 115–218, § 3(c),
To the maximum extent practicable and consistent with the satisfactory performance of assigned duties under applicable law, the Attorney General, Secretary of Homeland Security, and the Secretary of Labor shall recruit and hire personnel from among qualified United States citizens and national applicants residing in the Commonwealth to serve as staff in carrying out operations described in paragraph (1).
The Immigration and Nationality Act, referred to in par. (1)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
Section 1806 of this title, as added by subsection (a), referred to in par. (1)(B), is section 1806 of this title, as added by subsection (a) of section 702 of Pub. L. 110–229.
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of Pub. L. 94–241 which comprises this subchapter.
There is established for and within the Northern Mariana Islands a court of record to be known as the District Court for the Northern Mariana Islands. The Northern Mariana Islands shall constitute a part of the same judicial circuit of the United States as Guam. Terms of court shall be held on Saipan and at such other places and at such times as the court may designate by rule or order.
Where appropriate, and except as otherwise provided in articles IV and V of the Covenant approved by the Act of
The Covenant, referred to in subsec. (c), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Act of
The Federal Rules of Criminal Procedure, referred to in subsec. (c), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Section was formerly classified to section 1694 of this title.
1984—Subsec. (b)(1). Pub. L. 98–454, § 901(a), substituted “for a term of ten years” for “for a term of eight years”.
Subsec. (b)(2). Pub. L. 98–454, § 901(b), inserted “or a recalled senior judge of the District Court of Guam or of the District Court of the Northern Mariana Islands” after “President” in first sentence.
Subsec. (c). Pub. L. 98–454, § 901(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The provisions of chapters 43 and 49 of title 28, and the rules heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the District Court for the Northern Mariana Islands and appeals therefrom where appropriate, except as otherwise provided in articles IV and V of the covenant provided by the Act of
Amendment by Pub. L. 98–454 effective on ninetieth day following
For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
Extension of term of district court judges to ten years applicable to judges holding office on
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Section was formerly classified to section 1694a of this title.
1984—Subsec. (a). Pub. L. 98–454 amended subsec. (a) generally, substituting “, including, but not limited to, the diversity jurisdiction provided for in section 1332 of title 28 and that of a bankruptcy court of the United States” for “, except that in all causes arising under the Constitution, treaties, or laws of the United States, it shall have jurisdiction regardless of the sum or value of the matter in controversy”.
Amendment by Pub. L. 98–454 effective on ninetieth day following
For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
Prior to the establishment of an appellate court for the Northern Mariana Islands the district court shall have such appellate jurisdiction over the courts established by the Constitution or laws of the Northern Mariana Islands as the Constitution and laws of the Northern Mariana Islands provide, except that such Constitution and laws may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America (90 Stat. 263) (hereinafter referred to as “Covenant”), or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Northern Mariana Islands or of any orders or regulations issued or actions taken by the executive branch of the government of the Northern Mariana Islands with the Constitution, treaties, or laws of the United States, including the Covenant or with any authority exercised thereunder by an officer or agency of the United States.
Appeals to the district court shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The judge appointed for the court by the President shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges assigned to the court from time to time pursuant to section 1821(b)(2) of this title: Provided, That no more than one of them may be a judge of a court of record of the Northern Mariana Islands. The concurrence of two judges shall be necessary to any decision by the appellate division of the district court on the merits of an appeal but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure.
The United States Court of Appeals for the Ninth Circuit shall have jurisdiction of appeals from all final decisions of the appellate division of the district court. The United States Court of Appeals for the Ninth Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection.
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in subsec. (a), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section was formerly classified to section 1694b of this title.
1984—Pub. L. 98–454 designated existing provisions as subsec. (a), substituted provisions governing the appellate jurisdiction of the District Court prior to the establishment of the appellate court for former provisions which related to the appellate jurisdiction of the court and certain procedural matters which are covered under subsec. (b), and added subsecs. (b) and (c).
Amendment by Pub. L. 98–454 effective on ninetieth day following
For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
The covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section was formerly classified to section 1694c of this title.
1984—Subsec. (a). Pub. L. 98–454 inserted “including the Supreme Court of the United States,” after “courts of the United States” in first sentence.
Amendment by Pub. L. 98–454 effective on ninetieth day following
For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
This subchapter shall come into force upon its approval or at the time proclaimed by the President for the Constitution of the Northern Mariana Islands to become effective, whichever is the later date.
Section was formerly classified to section 1694d of this title.
For provisions of proclamation of President relating to effective date for Constitution of Northern Mariana Islands, see Proc. No. 4534,
There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
Section was formerly classified to section 1694e of this title.
For effective date of this section, see section 1825 of this title and Effective Date of Constitution note thereunder.
There is hereby authorized to be appropriated for expenditure after
Notwithstanding the provisions of the Food and Nutrition Act of 2008 [7 U.S.C. 2011 et seq.], the Secretary of Agriculture is authorized, upon the request of the Governor of the Northern Mariana Islands, acting pursuant to legislation enacted in accordance with section 5 and 7 of article II of the Constitution of the Northern Mariana Islands, and for the period during which such legislation is effective, (1) to implement a supplemental nutrition assistance program in part or all of the Northern Mariana Islands with such income and household standards of eligibility, deductions, and allotment values as the Secretary determines, after consultation with the Governor, to be suited to the economic and social circumstances of such islands: Provided, That in no event shall such income standards of eligibility exceed those in the forty-eight contiguous States, and (2) to distribute or permit a distribution of federally donated foods in any part of the Northern Mariana Islands for which the Governor has not requested that the supplemental nutrition assistance program be implemented. This authority shall remain in effect through
This Act, referred to in subsec. (b)(1), is Pub. L. 95–348,
Public Law 95–134, referred to in subsec. (b)(1), is Pub. L. 95–134,
Public Law 94–241, referred to in subsecs. (b)(1), (2) and (d)(1), (2), is Pub. L. 94–241,
The Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America, referred to in subsecs. (b)(2), (3) and (d), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
The Food and Nutrition Act of 2008, referred to in subsec. (c), is Pub. L. 88–525,
Section 1421q–1 or 1574–1 of this title, referred to in subsec. (c), was in the original “section 403 of Public Law 95–135”, and was translated as reading “section 403 of Public Law 95–134”, to reflect the probable intent of Congress, because Public Law 95–135 does not contain a section 403.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
Subsecs. (b)(2), (3), (c), and (d) of this section were formerly set out as notes under section 1681 of this title.
2008—Subsec. (c). Pub. L. 110–246, § 4002(b)(1)(A), (B), (2)(HH), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” and substituted “supplemental nutrition assistance program” for “food stamp program” in two places.
1980—Subsec. (d). Pub. L. 96–205 designated existing provisions as par. (1), inserted “or upon receipt of a resolution adopted by both houses of the legislature of the Northern Mariana Islands accompanied by a letter of request from either the Governor or the Lieutenant Governor of the Northern Mariana Islands,” after “Constitution of the Northern Mariana Islands,” the first place appearing, and added pars. (2) and (3).
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 4002(b)(1)(A), (B), (2)(HH) of Pub. L. 110–246 effective
Pub. L. 113–79, title IV, § 4031,
The Secretary shall take such steps as are necessary to ensure that the proceeds of taxes collected under the provisions of sections 601, 602, 603, and 604 of the Covenant (Public Law 94–241) are covered directly upon collection into the treasury of the Commonwealth of the Northern Mariana Islands.
The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Public Law 94–241, referred to in text, is Pub. L. 94–241,
Section was formerly set out as a note under section 1681 of this title.
See section 1271 of Pub. L. 99–514, set out as a note under section 931 of Title 26, Internal Revenue Code.
Except as provided in subsection (c), any person, including an individual, trust, estate, partnership, association, company, or corporation, which is a resident of or which is organized under the laws of the Commonwealth of the Northern Mariana Islands and which is subject to the provisions of section 601 of the Covenant to Establish the Commonwealth of the Northern Mariana Islands in Political Union with the United States (Public Law 94–241), shall be exempted from the requirements of such section with respect to income derived from sources within the Commonwealth of the Northern Mariana Islands for taxable years beginning after
Except as provided in subsection (c), any person, including an individual, trust, estate, partnership, association, company, or corporation, which is a resident of or which is organized under the laws of the Commonwealth of the Northern Mariana Islands and which is subject to the provisions of section 601 of the Covenant to Establish the Commonwealth of the Northern Mariana Islands (Public Law 94–241), shall be exempt from the requirements of such section with respect to income from sources within the Northern Mariana Islands for its taxable year beginning after
As provided in section 602 1
The Covenant, referred to in subsecs. (a) and (b), is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Public Law 94–241, referred to in subsecs. (a) and (b), is Pub. L. 94–241,
Sections 601 and 602 of Public Law 94–241, referred to in subsec. (c), probably mean sections 601 and 602 of the Covenant, because Pub. L. 94–241 does not contain a section 601 or 602.
Section was formerly set out as a note under section 1681 of this title.
1983—Subsec. (a). Pub. L. 98–213, § 3(a), substituted “1985” for “1983”.
Subsec. (c). Pub. L. 98–213, § 3(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “It is the sense of Congress that the term ‘rebate’ as used in section 602 of Public Law 94–241 does not permit the abatement of taxes.”
1980—Subsec. (a). Pub. L. 96–597 substituted “until, but not after,
Pub. L. 96–597, title III, § 303(b),
Section was formerly set out as a note under section 1681 of this title.
Section was formerly set out as a note under section 1681 of this title.
Real property owned by the Commonwealth of the Northern Mariana Islands in the capital of the United States and used by the Resident Representative thereof in the discharge of his representative duties under the Covenant shall be exempt from assessment and taxation.
The Covenant, referred to in text, is the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, which is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Section was formerly set out as a note under section 1681 of this title.
The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of
The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of
Any reference in this joint resolution to “the Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution.
For purposes of implementation of the Compact and this joint resolution, each of the subsidiary agreements referred to in subsections (a) and (b) (whether or not bilateral in form) shall be deemed to be bilateral agreements between the United States and each other party to such subsidiary agreement. The consent or concurrence of any other party shall not be required for the effectiveness of any actions taken by the United States in conjunction with either the Federated States of Micronesia or the Marshall Islands which are intended to affect the implementation, modification, suspension, or termination of any such subsidiary agreement (or any provision thereof) as regards the mutual responsibilities of the United States and the party in conjunction with whom the actions are taken.
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, as amended, set out below.
This joint resolution, referred to in subsecs. (a), (b), (c), and (e), is Pub. L. 99–239,
For
Section 601(b) of Public Law 94–329, referred to in subsec. (f)(3), is section 601(b) of Pub. L. 94–329, title VI,
Section was formerly set out as a note under section 1681 of this title.
Pub. L. 118–42, div. G, title II, § 201,
Pub. L. 112–149, § 1,
Pub. L. 108–188, § 1(a),
Pub. L. 99–239, § 1(a),
Pub. L. 106–504, § 3(a),
Pub. L. 104–208, div. C, title VI, § 643,
Pub. L. 101–62,
Pub. L. 99–239 which enacted this part and chapter 19 of this title contained several “Whereas” clauses reading as follows: “Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; and “Whereas the United States, in response to the desires of the peoples of the Federated States of Micronesia and the Marshall Islands expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted governments, and in consideration of its own obligations under the Trusteeship Agreement to promote self-determination, entered into political status negotiations with representatives of the peoples of the Federated States of Micronesia, and the Marshall Islands; and “Whereas these negotiations resulted in the ‘Compact of Free Association’ [set out below] which, together with its related agreements, was signed by the United States and by the Federated States of Micronesia and the Republic of the Marshall Islands on “Whereas the Compact of Free Association was approved by majorities of the peoples of the Federated States of Micronesia and the Marshall Islands in United Nations-observed plebiscites conducted on “Whereas the Compact of Free Association has been approved by the Governments of the Federated States of Micronesia and the Marshall Islands in accordance with their respective constitutional processes, thus completing fully for the Federated States of Micronesia and the Marshall Islands their domestic approval processes with respect to the Compact as contemplated in Compact Section 411”.
Pub. L. 99–239, title II, § 201, “Affirming that their Governments and their relationships as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the peoples of the Trust Territory of the Pacific Islands have the right to enjoy self-government; and “Affirming the common interests of the United States of America and the peoples of the Trust Territory of the Pacific Islands in creating close and mutually beneficial relationships through two free and voluntary associations of their respective Governments; and “Affirming the interest of the Government of the United States in promoting the economic advancement and self-sufficiency of the peoples of the Trust Territory of the Pacific Islands; and “Recognizing that their previous relationship has been based upon the International Trusteeship System of the United Nations Charter, and in particular Article 76 of the Charter; and that pursuant to Article 76 of the Charter, the peoples of the Trust Territory have progressively developed their institutions of self-government, and that in the exercise of their sovereign right to self-determination they have, through their freely-expressed wishes, adopted Constitutions appropriate to their particular circumstances; and “Recognizing their common desire to terminate the Trusteeship and establish two new government-to-government relationships each of which is in accordance with a new political status based on the freely-expressed wishes of peoples of the Trust Territory of the Pacific Islands and appropriate to their particular circumstances; and “Recognizing that the peoples of the Trust Territory of the Pacific Islands have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitutions and forms of government and that the approval of the entry of their respective Governments into this Compact of Free Association by the peoples of the Trust Territory of the Pacific Islands constitutes an exercise of their sovereign right to self-determination; “NOW, THEREFORE, AGREE to enter into relationships of free association which provide a full measure of self-government for the peoples of the Marshall Islands and the Federated States of Micronesia; and “FURTHER AGREE that the relationships of free association derive from and are as set forth in this Compact; and that, during such relationships of free association, the respective rights and responsibilities of the Government of the United States and the Governments of the freely associated states of the Marshall Islands and the Federated States of Micronesia in regard to these relationships of free association derive from and are as set forth in this Compact. “The Government of the United States shall support applications by the Governments of the Marshall Islands and the Federated States of Micronesia for membership or other participation in regional or international organizations as may be mutually agreed. The Government of the United States agrees to accept for training and instruction at the Foreign Service Institute [now George P. Shultz National Foreign Affairs Training Center], established under 22 U.S.C. 4021, citizens of the Marshall Islands and the Federated States of Micronesia. The qualifications of candidates for such training and instruction and all other terms and conditions of participation by citizens of the Marshall Islands and the Federated States of Micronesia in Foreign Service Institute [now George P. Shultz National Foreign Affairs Training Center] programs shall be as mutually agreed between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia. “The Government of the United States may assist or act on behalf of the Government of the Marshall Islands or the Federated States of Micronesia in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Marshall Islands or the Federated States of Micronesia undertaken with the assistance or through the agency of the Government of the United States pursuant to this Section unless expressly agreed. “The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Marshall Islands or the Federated States of Micronesia in the area of foreign affairs, except as may from time to time be expressly agreed. “At the request of the Government of the Marshall Islands or the Federated States of Micronesia and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Marshall Islands and the Federated States of Micronesia for travel outside the Marshall Islands and the Federated States of Micronesia, the United States and its territories and possessions. “Except as otherwise provided in this Compact or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which have resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact are no longer assumed and enjoyed by the Government of the United States. “The Governments of the Marshall Islands and the Federated States of Micronesia shall permit the Government of the United States to operate telecommunications services in the Marshall Islands and the Federated States of Micronesia to the extent necessary to fulfill the obligations of the Government of the United States under this Compact in accordance with the terms of separate agreements which shall come into effect simultaneously with this Compact. “The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia may establish and maintain representative offices in the capital of the other for the purpose of maintaining close and regular consultations on matters arising in the course of the relationship of free association and conducting other government business. The Governments may establish and maintain additional offices on terms and in locations as may be mutually agreed. “Except as provided in this Compact or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceases with respect to the Marshall Islands and the Federated States of Micronesia as of the effective date of this Compact. “The Governments of the United States, the Marshall Islands and the Federated States of Micronesia agree to adopt and enforce such measures, consistent with this Compact and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Marshall Islands and the Federated States of Micronesia pursuant to this Compact and its related agreements and by those Governments in the United States pursuant to this Compact and its related agreements. “A separate agreement, which shall come into effect simultaneously with this Compact, shall be concluded between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia regarding mutual assistance and cooperation in law enforcement matters including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners. The separate agreement shall have the force of law. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184, 3186 and 3188–3195, shall be applicable to the extradition of fugitives under the separate agreement, and the laws of the United States governing the transfer of prisoners, including 18 U.S.C. 4100–4115, shall be applicable to the transfer of prisoners under the separate agreement. “The Governments of the Marshall Islands and the Federated States of Micronesia confirm that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Marshall Islands and the Federated States of Micronesia to grant relief from judgments in appropriate cases. “In recognition of the special development needs of the Federated States of Micronesia, the Government of the United States shall provide to the Government of the Federated States of Micronesia $1 million annually for fourteen years commencing on the first anniversary of the effective date of this Compact. This amount may be used by the Government of the Federated States of Micronesia to defray current account expenditures attendant to the operation of the United States military Civic Action Teams made available in accordance with the separate agreement referred to in Section 227. “Except as otherwise provided, the amounts stated in Sections 211, 212, 214, 215 and 231 shall be adjusted for each Fiscal Year by the percent which equals two-thirds of the percentage change in the United States Gross National Product Implicit Price Deflator, or seven percent, whichever is less in any one year, using the beginning of Fiscal Year 1981 as the base. “If in any year the funds made available by the Government of the United States for that year pursuant to this Article or Section 231 are not completely obligated by the recipient Government, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. “All funds previously appropriated to the Trust Territory of the Pacific Islands which are unobligated by the Government of the Trust Territory of the Pacific Islands as of the effective date of this Compact shall accrue to the Governments of the Marshall Islands and the Federated States of Micronesia for the purposes for which such funds were originally appropriated as determined by the Government of the United States. “The citizens of the Marshall Islands and the Federated States of Micronesia who are receiving post-secondary educational assistance from the Government of the United States on the day preceding the effective date of this Compact shall continue to be eligible, if otherwise qualified, to receive such assistance to complete their academic programs for a maximum of four years after the effective date of this Compact. “The Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia may agree from time to time to the extension of additional United States grant assistance, services and programs as provided by the Laws of the United States, to the Marshall Islands or the Federated States of Micronesia, respectively. “The Governments of the Marshall Islands and the Federated States of Micronesia shall make available to the Government of the United States at no cost such land as may be necessary for the operations of the services and programs provided pursuant to this Article, and such facilities as are provided by the Government of the Marshall Islands or the Federated States of Micronesia at no cost to the Government of the United States as of the effective date of this Compact or as may be mutually agreed thereafter. “The Governments of the Marshall Islands and the Federated States of Micronesia may request, from time to time, technical assistance from the federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its laws and which shall grant such technical assistance in a manner which gives priority consideration to the Marshall Islands and the Federated States of Micronesia over other recipients not a part of the United States, its territories or possessions. The Government of the United States shall coordinate the provision of such technical assistance in consultation with the respective recipient Government. “In recognition of the special development needs of the Federated States of Micronesia, the Government of the United States shall make available United States military Civic Action Teams for use in the Federated States of Micronesia under terms and conditions specified in a separate agreement which shall come into effect simultaneously with this Compact. “Upon the thirteenth anniversary of the effective date of this Compact, the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia shall commence negotiations regarding those provisions of this Compact which expire on the fifteenth anniversary of its effective date. The period for the enactment of legislation approving the agreements resulting from such negotiations shall extend through the earlier of the date of the enactment of such legislation or “The specific nature, extent and contractual arrangements of the services and programs provided for in Section 221 as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Marshall Islands or the Federated States of Micronesia, and other arrangements in connection with a service or program furnished by the Government of the United States, are set forth in separate agreements which shall come into effect simultaneously with this Compact. “The Government of the United States, in consultation with the Governments of the Marshall Islands and the Federated States of Micronesia, shall determine and implement procedures for the periodic audit of all grants and other assistance made under Article I of this Title and of all funds expended for the services and programs provided under Article II of this Title. Such audits shall be conducted on an annual basis during the first five years following the effective date of this Compact and shall be at no cost to the Government of the Marshall Islands or the Federated States of Micronesia. “Title to the property of the Government of the United States situated in the Trust Territory of the Pacific Islands or acquired for or used by the Government of the Trust Territory of the Pacific Islands on or before the day preceding the effective date of this Compact shall, without reimbursement or transfer of funds, vest in the Government of the Marshall Islands and the Federated States of Micronesia as set forth in a separate agreement which shall come into effect simultaneously with this Compact. The provisions of this Section shall not apply to the property of the Government of the United States for which the Government of the United States determines a continuing requirement. “Except as otherwise provided, approval of this Compact by the Government of the United States shall constitute a pledge of the full faith and credit of the United States for the full payment of the sums and amounts specified in Articles I and III of this Title. The obligation of the United States under Articles I and III of this Title shall be enforceable in the United States Claims Court [now United States Court of Federal Claims], or its successor court, which shall have jurisdiction in cases arising under this Section, notwithstanding the provisions of 28 U.S.C. 1502, and which court’s decisions shall be reviewable as provided by the laws of the United States. “The Marshall Islands and the Federated States of Micronesia are not included in the customs territory of the United States. “For the purpose of assessing duties on their products imported into the customs territory of the United States, the Marshall Islands and the Federated States of Micronesia shall be treated as if they were insular possessions of the United States within the meaning of General Headnote 3(a) of the Tariff Schedules of the United States. The exceptions, valuation procedures and all other provisions of General Headnote 3(a) shall apply to any product deriving from the Marshall Islands or the Federated States of Micronesia. “All products of the Marshall Islands or the Federated States of Micronesia imported into the customs territory of the United States which are not accorded the treatment set forth in Section 242 and all products of the United States imported into the Marshall Islands or the Federated States of Micronesia shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage or use. “The currency of the United States is the official circulating legal tender of the Marshall Islands and the Federated States of Micronesia. Should the Government of the Marshall Islands or the Federated States of Micronesia act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. “The Government of the Marshall Islands or the Federated States of Micronesia may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as such Government deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact be made according to the United States Internal Revenue Code. “Where not otherwise manifestly inconsistent with the intent of this Compact, provisions in the United States Internal Revenue Code that are applicable to possessions of the United States as of “Subject to the terms of any agreements negotiated in accordance with Sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Marshall Islands and the Federated States of Micronesia the activities and operations necessary for the exercise of its authority and responsibility under this Title. “The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Marshall Islands or the Federated States of Micronesia, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval by the Government of the Marshall Islands or the Federated States of Micronesia. “The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. “The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Marshall Islands and the Federated States of Micronesia at least to the extent necessary for the exercise of its authority and responsibility under this Title. “The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Marshall Islands or the Federated States of Micronesia, are set forth in separate agreements which shall come into effect simultaneously with this Compact. “Any person entitled to the privileges set forth in Section 141 shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States so long as such person does not establish habitual residence in the United States, its territories or possessions. “In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Governments of the Marshall Islands and the Federated States of Micronesia under Titles One, Two and Four and to their responsibility to assure the well-being of their peoples. “A plebiscite shall be conducted in each of the Marshall Islands and the Federated States of Micronesia for the free and voluntary choice by the peoples of the Trust Territory of the Pacific Islands of their future political status through informed and democratic processes. The Marshall Islands and the Federated States of Micronesia shall each be considered a voting jurisdiction, and the plebiscite shall be conducted under fair and equitable standards in each voting jurisdiction. The Administering Authority of the Trust Territory of the Pacific Islands, after consultation with the Governments of the Marshall Islands and the Federated States of Micronesia, shall fix the date on which the plebiscite shall be called in each voting jurisdiction. The plebiscite shall be called jointly by the Administering Authority of the Trust Territory of the Pacific Islands and the other Signatory Government concerned. The results of the plebiscite in each voting jurisdiction shall be determined by a majority of the valid ballots cast in that voting jurisdiction. “The Government of the United States shall confer promptly at the request of the Government of the Marshall Islands or the Federated States of Micronesia and any of those Governments shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact or of its related agreements. “In the event the Government of the United States, or the Government of the Marshall Islands or the Federated States of Micronesia, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments which are parties to the dispute shall make a good faith effort to resolve the dispute among themselves. “If a dispute between the Government of the United States and the Government of the Marshall Islands or the Federated States of Micronesia cannot be resolved within 90 days of written notification in the manner provided in Section 422, either party to the dispute may refer it to arbitration in accordance with Section 424. “The provisions of this Compact may be amended as to the Governments of the Marshall Islands and the Federated States of Micronesia and as to the Government of the United States at any time by mutual agreement. “The provisions of this Compact may be amended as to any one of the Governments of the Marshall Islands or the Federated States of Micronesia and as to the Government of the United States at any time by mutual agreement. The effect of any amendment made pursuant to this Section shall be restricted to the relationship between the Governments agreeing to such amendment, but the other Governments signatory to this Compact shall be notified promptly by the Government of the United States of any such amendment. “This Compact may be terminated as to any one of the Governments of the Marshall Islands or the Federated States of Micronesia and as to the Government of the United States by mutual agreement and subject to Section 451. “This Compact may be terminated by the Government of the United States as to the Government of the Marshall Islands or the Federated States of Micronesia subject to Section 452, such termination to be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. “This Compact shall be terminated, pursuant to their respective constitutional processes, by the Government of the Marshall Islands or the Federated States of Micronesia subject to Section 453 if the people represented by such Government vote in a plebiscite to terminate. Such Government shall notify the Government of the United States of its intention to call such a plebiscite which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by such Government in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, such Government shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. “Should termination occur pursuant to Section 441, economic assistance by the Government of the United States shall continue on mutually agreed terms. “ ‘Government of the Federated States of Micronesia’ means the Government established and organized by the Constitution of the Federated States of Micronesia including all the political subdivisions and entities comprising that Government. “This Compact may be accepted, by signature or otherwise, by the Government of the United States, the Government of the Marshall Islands, and the Government of the Federated States of Micronesia. Each Government accepting this Compact shall possess an original English language version. “IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association which shall come into effect in accordance with its terms between the Government of the United States and each of the other Governments signatory to this Compact.
[Pub. L. 108–108, title I,
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.]
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.]
[For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
[For termination, effective
Title IV of Pub. L. 99–239 provided that: “ ‘Section 242 “ ‘The President shall proclaim the following tariff treatment for articles imported from the Federated States of Micronesia or the Marshall Islands which shall apply during the period of effectiven[e]ss of this title: “ ‘(1) Unless otherwise excluded, articles imported from the Federated States of Micronesia or the Marshall Islands, subject to the limitations imposed under 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 duty. “ ‘(2) Only canned tuna provided for in item 112.30 of the Tariff Schedules of the United States that is imported from the Federated States of Micronesia and the Marshall Islands during any calendar year not to exceed 10 percent of the United States consumption of canned tuna during the immediately preceding calendar year, as reported by the National Marine Fisheries Service, shall be exempt from duty; but the quantity of tuna given duty free treatment under this paragraph for any calendar year shall be counted against the aggregate quantity of canned tuna that is dutiable under rate column numbered 1 of such item 112.30 for that calendar year. “ ‘(3) The duty-free treatment provided under paragraph (1) shall not apply to— “ ‘(A) watches, clocks, and timing apparatus provided for in subpart E of part 2 of schedule 7 of the Tariff Schedules of the United States; “ ‘(B) buttons (whether finished or not finished) provided for in item 745.32 of such Schedules; “ ‘(C) textile and apparel articles which are subject to textile agreements; and “ ‘(D) footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel which were not eligible articles for purposes of chapter V of the Trade Act of 1974 (19 U.S.C. 2461, et seq.) on “ ‘(4) If the cost or value of materials produced in the customs territory of the United States is included with respect to an eligible article which is a product of the Federated States of Micronesia or the Marshall Islands, an amount not to exceed 15 percent of the appraised value of the article at the time it is entered that is attributable to such United States cost or value may be applied for duty assessment purposes toward determining the percentage referred to in section 503(b)(2) of title V of the Trade Act of 1974.’. “ ‘Section 243 “ ‘Articles imported from the Federated States of Micronesia or the Marshall Islands which are not exempt from duty under paragraphs (1), (2), (3), and (4) of section 242 shall be subject to the rates of duty set forth in column numbered 1 of the Tariff Schedules of the United States and all products of the United States imported into the Federated States of Micronesia or the Marshall Islands shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage, or use.’. “ ‘Section 255 “ ‘(a) “ ‘(b) “ ‘(c) “For purposes of section 274(h)(3)(A) of the Internal Revenue Code of 1986 [26 U.S.C. 274(h)(3)(A)], the term ‘North American Area’ shall include the Marshall Islands and the Federated States of Micronesia. “This title shall apply to income earned, and transactions occurring, after [The due date for the report referred to in section 407 of Pub. L. 99–239, set out above, was extended to “Nothing in any provision of this joint resolution [see Short Title note above] (other than this title) which is inconsistent with any provision of this title shall have any force or effect.”
Ex. Ord. No. 12569,
By the authority vested in me as President by the Constitution and laws of the United States, including the Compact of Free Association (the Compact) [set out above] and Public Law 99–239, (the Act) [see Short Title note above], it is ordered as follows:
(a) There is established an Interagency Group on Freely Associated State Affairs for the purpose of providing guidance and oversight with respect to the establishment and implementation of policy concerning the Compact and United States relations with the Freely Associated States.
(b) The Interagency Group shall consist of the Secretary of State or his designee, who shall chair the Group, and of the principal officers or their designees from the Departments of the Interior, Defense, Commerce, Energy, and Justice, the Organization of the Joint Chiefs of Staff, the Office of Management and Budget, the National Security Council, and such other departments and agencies as may from time to time be appropriate.
(c) The Interagency Group shall make such recommendations as it shall deem appropriate to the President, through the Assistant to the President for National Security Affairs, concerning United States relations with the Freely Associated States. The Interagency Group also shall provide such guidance as it deems appropriate to departments and agencies delegated authority by this Order concerning administration of laws with respect to the Freely Associated States.
(d) If any department or agency charged by this Order with implementation of the Compact or other laws of the United States with respect to the Freely Associated States concludes that noncompliance sanctions pursuant to section 105(g) of the Act [48 U.S.C. 1905(g)] are appropriate, it shall make appropriate recommendations to the Interagency Group. The Interagency Group shall consider these recommendations and report its findings to the President for his review in making that determination.
(e)(1) The Secretary of State shall be responsible for the conduct of United States relations with the Freely Associated States, carry out related matters, and provide appropriate support to the Interagency Group, bearing in mind the continued special relationship between the United States and the Freely Associated States.
(2) The Secretaries of Defense and Interior may, to the extent permitted by law, delegate any or all of their respective authorities and responsibilities as described in this Order to the Secretary of State or his or her designee. The Secretary of State or his or her designee shall serve as Executive Secretary of the Interagency Group.
(3) Personnel additional to that provided by the Secretary of State may be detailed to the Department of State by the Executive departments and agencies that are members of the Interagency Group, and by other agencies as appropriate. Executive departments and agencies shall, to the extent permitted by law, provide such information, advice, and administrative services and facilities to the Secretary of State as may be necessary to conduct United States relations with the Freely Associated States.
(a) Reporting to the Congress on economic development plans prepared by the Government of the Federated States of Micronesia and the Government of the Marshall Islands, pursuant to sections 102(b) and 103(b) of the Act [48 U.S.C. 1902(b), 1903(b)];
(b) The determination required by section 103(e) of the Act concerning the qualifications of the investment management firm selected by the Government of the Marshall Islands;
(c) Reporting to the Congress with respect to the impact of the Compact of Free Association on the United States territories and commonwealths and on the State of Hawaii, pursuant to section 104(e)(2) of the Act [48 U.S.C. 1904(e)(2)]; and
(d) Causing an annual audit to be conducted of the annual financial statements of the Government of the Federated States of Micronesia and the Government of the Marshall Islands, pursuant to section 110(b) of the Act [48 U.S.C. 1910(b)].
(a) Reporting to the Congress on crimes in the Federated States of Micronesia and the Marshall Islands which have an impact upon United States jurisdictions, pursuant to sections 102(a)(4) and 103(a)(4) of the Act [48 U.S.C. 1902(a)(4), 1903(a)(4)];
(b) Submitting the certification and report to the Congress for purposes of section 5 of the Fishermen’s Protective Act of 1967 [22 U.S.C. 1975], pursuant to section 104(f)(3) of the Act [48 U.S.C. 1904(f)(3)]; and
(c) Reporting, with the concurrence of the Secretary of Defense, to the Congress on determinations made regarding security and defense, pursuant to section 105(q) of the Act [former 48 U.S.C. 1905(q)].
(a) Subject to the provisions of Section 9 of this Order, prior Executive orders concerning the former Trust Territory of the Pacific Islands are hereby superseded and rendered inapplicable, except that the authority of the Secretary of the Interior as provided in applicable provisions of Executive Order No. 11021, as amended [formerly 48 U.S.C. 1681 note], shall remain in effect, in a manner consistent with this Order and pursuant to section 105(c)(2) of the Act [48 U.S.C. 1905(c)(2)], to terminate the trust territory government and discharge its responsibilities, at which time the entirety of Executive Order No. 11021 shall be superseded.
(b) Nothing in this Order shall be construed as modifying the rights or obligations of the United States under the provisions of the Compact or as affecting or modifying the responsibility of the Secretary of State and the Attorney General to interpret the rights and obligations of the United States arising out of or concerning the Compact.
The law enforcement agencies of the United States and the Federated States of Micronesia shall assist one another, as mutually agreed, in the prevention and investigation of crimes and the enforcement of the laws of the United States and the Federated States of Micronesia specified in subparagraph (C) of this paragraph. The United States and the Federated States of Micronesia will authorize mutual assistance with respect to investigations, inquiries, audits and related activities by the law enforcement agencies of both Governments in the United States and the Federated States of Micronesia. In conducting activities authorized in accordance with this section, the United States and the Federated States of Micronesia will act in accordance with the constitution and laws of the jurisdiction in which such activities are conducted.
The United States and the Federated States of Micronesia will take all reasonable and necessary steps, as mutually agreed, based upon consultations in which the Attorney General or other designated official of each Government participates, to prevent the use of the lands, waters, and facilities of the United States or the Federated States of Micronesia for the purposes of cultivation of, production of, smuggling of, trafficking in, and abuse of any controlled substance as defined in section 802(6) of title 21 and Schedules I through V of Subchapter II of the Controlled Substances Act of the Federated States of Micronesia, or for the distribution of any such substance to or from the Federated States of Micronesia or to or from the United States or any of its territories or commonwealths.
Assistance provided pursuant to this subsection shall also extend to, but not be limited to, prevention and prosecution of violations of the laws of the United States and the laws of the Federated States of Micronesia related to terrorism, espionage, racketeer influenced and corrupt organizations, and financial transactions which advance the interests of any person engaging in unlawful activities, as well as the schedule of offenses set forth in Appendix A of the subsidiary agreement to section 175 of the Compact.
Pursuant to sections 224 and 226 of the Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia to develop and adequately enforce laws of the Federated States of Micronesia and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1905(l) of this title may be used to reimburse State or local agencies providing such assistance.
Any official, designated by this joint resolution or by the President to negotiate any agreement under this section, shall consult with affected law enforcement agencies prior to entering into such an agreement on behalf of the United States.
The President shall report annually to Congress on the implementation of this subsection. Such report shall provide statistical and other information about the incidence of crimes in the Federated States of Micronesia which have an impact upon United States jurisdictions, and propose measures which the United States and the Federated States of Micronesia should take in order better to prevent and prosecute violations of the laws of the United States and the Federated States of Micronesia. The reports required under section 2291(e) 1
Notwithstanding section 211(b) of the Compact, the President may agree to an effective date for the Compact pursuant to section 1901(a) of this title if the Government of the Federated States of Micronesia agrees to submit economic development plans consistent with section 211(b) of the Compact to the Government of the United States for concurrence at intervals no greater than every 5 years for the duration of the Compact. Any capital construction project and any planned independent purchase of aircraft which is to be financed (directly or indirectly) through the use of funds provided under section 211 of the Compact shall be identified in the economic development plans.
The President shall complete the review under paragraph (2) and shall report the findings no later than 60 days after the President’s receipt of such plans.
The report shall include the views of the Secretary of the Interior, the Administrator of the Agency for International Development, and the heads of such other Executive departments as the President may decide to include in the report, as well as any comments which the Federated States of Micronesia may wish to have included.
The Comptroller General and his duly authorized representatives shall be accorded the status set forth in Article V of Title One of the Compact.
As part of the annual report submitted by the Government of the Federated States of Micronesia under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial statements shall be prepared in accordance with generally accepted accounting procedures, except as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fiscal year with respect to which such funds were provided, each such statement shall be submitted to the President for audit and transmission to the Congress.
The Government of the Federated States of Micronesia will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution.
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This joint resolution, referred to in subsecs. (a)(3) and (c)(6), is Pub. L. 99–239,
Section 2291(e) of title 22, referred to in subsec. (a)(4), was repealed and section 2291(i) of title 22, relating to definitions, was redesignated section 2291(e) by Pub. L. 102–583, § 6(b)(2), (3),
For
Section was formerly set out as a note under section 1681 of this title.
For termination, effective
The law enforcement agencies of the United States and the Marshall Islands shall assist one another, as mutually agreed, in the prevention and investigation of crimes and the enforcement of the laws of the United States and the Marshall Islands specified in subparagraph (C) of this paragraph. The United States and the Marshall Islands will authorize mutual assistance with respect to investigations, inquiries, audits and related activities by the law enforcement agencies of both Governments in the United States and the Marshall Islands. In conducting activities authorized in accordance with this section, the United States and the Marshall Islands will act in accordance with the constitution and laws of the jurisdiction in which such activities are conducted.
The United States and the Marshall Islands will take all reasonable and necessary steps, as mutually agreed, based upon consultations in which the Attorney General or other designated official of each Government participates, to prevent the use of the lands, waters, and facilities of the United States or the Marshall Islands for the purposes of cultivation of, production of, smuggling of, trafficking in, and abuse of any controlled substance as defined in section 802(6) of title 21 and Schedules I through V of Subchapter II of the Controlled Substances Act of the Marshall Islands, or for the distribution of any such substance to or from the Marshall Islands or to or from the United States or any of its territories or commonwealths.
Assistance provided pursuant to this subsection shall also extend to, but not be limited to, prevention and prosecution of violations of the laws of the United States and the laws of the Marshall Islands related to terrorism, espionage, racketeer influenced and corrupt organizations, and financial transactions which advance the interests of any person engaging in unlawful activities, as well as the schedule of offenses set forth in Appendix A of the subsidiary agreement to section 175 of the Compact.
Pursuant to sections 224 and 226 of the Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Marshall Islands to develop and adequately enforce laws of the Marshall Islands and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1905(l) of this title may be used to reimburse State or local agencies providing such assistance.
Any official, designated by this joint resolution or by the President to negotiate any agreement under this section, shall consult with affected law enforcement agencies prior to entering into such an agreement on behalf of the United States.
The President shall report annually to Congress on the implementation of this subsection. Such report shall provide statistical and other information about the incidence of crimes in the Marshall Islands which have an impact upon United States jurisdictions, and propose measures which the United States and the Marshall Islands should take in order better to prevent and prosecute violations of the laws of the United States and the Marshall Islands. The reports required under section 2291(e) 1
Notwithstanding section 211(b) of the Compact, the President may agree to an effective date for the Compact pursuant to section 1901(b) of this title if the Government of the Marshall Islands agrees to submit economic development plans consistent with section 211(b) of the Compact to the Government of the United States for concurrence at intervals no greater than every 5 years for the duration of the Compact. Any capital construction project and any planned independent purchase of aircraft which is to be financed (directly or indirectly) through the use of funds provided under section 211 of the Compact shall be identified in the economic development plans.
The President shall complete the review under paragraph (2) and shall report the findings no later than 60 days after the President’s receipt of such plans.
The report shall include the views of the Secretary of the Interior, the Administrator of the Agency for International Development, and the heads of such other Executive departments as the President may decide to include in the report, as well as any comments which the Marshall Islands may wish to have included.
The Congress of the United States hereby declares that it is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwajalein Atoll in accordance with the land use agreement dated
In the event that the Government of the Marshall Islands fails to make payments in accordance with paragraph (1) of this subsection, the Government of the United States shall initiate procedures under Section 313 of the Compact and consult with the Government of the Marshall Islands with respect to the basis for such non-payment of funds. The United States shall expeditiously resolve the matter of any non-payment of funds as described in paragraph (1) of this subsection pursuant to Section 313 of the Compact and the authority and responsibility of the Government of the United States for security and defense matters in or relating to the Marshall Islands. This paragraph shall be enforced, as may be necessary, in accordance with section 1905(g)(2) of this title.
The President is hereby authorized to make loans and grants to the Government of the Marshall Islands for the sole use of the Kwajalein Atoll Development Authority for the benefit of the Kwajalein landowners of amounts sought by such authority for development purposes, pursuant to a development plan for Kwajalein Atoll which such authority has adopted in accordance with applicable laws of the Marshall Islands. Such loans and grants shall be subject to such other terms and conditions as the President, in his discretion, may determine appropriate and necessary.
In approving the Compact, the Congress understands and intends that the peoples of Bikini, Enewetak, Rongelap, and Utrik, who were affected by the United States nuclear weapons testing program in the Marshall Islands, will receive the amounts of $75,000,000 (Bikini); $48,750,000 (Enewetak),2
Notwithstanding any other provision of law, upon the request of the Government of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto for the remaining 174 members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear “Bravo” test, pursuant to Public Laws 95–134 and 96–205. Such medical care and its accompanying logistical support shall total $22,500,000 over the first 11 years of the Compact.
Payments under this subsection shall be provided to such extent or in such amounts as are necessary for services and other assistance provided pursuant to this subsection. It is the sense of Congress that after the periods of time specified in paragraphs (1) and (2) of this subsection, consideration will be given to such additional funding for these programs as may be necessary.
The Government of the Marshall Islands and the Enewetak Local Government Council, in consultation with the people of Enjebi, shall provide for the creation of the Enjebi Community Trust Fund and the employment of the manager of the Enewetak Fund established pursuant to the Section 177 Agreement as trustee and manager of the Enjebi Community Trust Fund, or, should the manager of the Enewetak Fund not be acceptable to the people of Enjebi, another United States investment manager with substantial experience in the administration of trusts and with funds under management in excess of 250 million dollars.
Upon the request of the Government of the Marshall Islands, the United States shall monitor the radiation and other conditions on Enjebi and within one year of receiving such a request shall report to the Government of the Marshall Islands when the people of Enjebi may resettle Enjebi under circumstances where the radioactive contamination at Enjebi, including contamination derived from consumption of locally grown food products, can be reduced or otherwise controlled to meet whole body Federal radiation protection standards for the general population, including mean annual dose and mean 30-year cumulative dose standards.
In the event that the United States determines that within 25 years of
Prior to and during the distribution of the corpus of the Fund pursuant to paragraphs (3) and (4) of this subsection, the people of Enjebi may, if they so request, receive the interest earned by the Fund on no less frequent a basis than quarterly.
Neither under the laws of the Marshall Islands nor under the laws of the United States, shall the Government of the United States be liable for any loss or damage to person or property in respect to the resettlement of Enjebi by the people of Enjebi, pursuant to the provision of this subsection or otherwise.
The Congress hereby determines and declares that it is the policy of the United States, to be supported by the full faith and credit of the United States, that because the United States, through its nuclear testing and other activities, rendered Bikini Atoll unsafe for habitation by the people of Bikini, the United States will fulfill its responsibility for restoring Bikini Atoll to habitability, as set forth in paragraphs (2) and (3) of this subsection.
There are hereby authorized to be appropriated such sums as are necessary to implement the settlement agreement of
The funds referred to in paragraph (2) shall be made available pursuant to Article VI, Section 1 of the Compact Section 177 Agreement upon completion of the events set forth in the settlement agreement referred to in paragraph (2) of this subsection.
The Comptroller General and his duly authorized representatives shall be accorded the status set forth in Article V of Title One of the Compact.
As part of the annual report submitted by the Government of the Marshall Islands under section 211 of the Compact, the Government shall include annual financial statements which account for the use of all of the funds provided by the Government of the United States to the Government under the Compact or otherwise. Such financial statements shall be prepared in accordance with generally accepted accounting procedures, except as may otherwise be mutually agreed. Not later than 180 days after the end of the United States fiscal year with respect to which such funds were provided, each such statement shall be submitted to the President for audit and transmission to the Congress.
The Government of the Marshall Islands will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution.
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This joint resolution, referred to in subsecs. (a)(3), (e)(5), (k), and (m)(6), is Pub. L. 99–239,
Section 2291(e) of title 22, referred to in subsec. (a)(4), was repealed and section 2291(i) of title 22, relating to definitions, was redesignated section 2291(e) by Pub. L. 102–583, § 6(b)(2), (3),
For
Public Law 95–134, referred to in subsecs. (h)(1) and (j)(1), is Pub. L. 95–134,
Public Law 96–205, referred to in subsecs. (h)(1) and (j)(1), is Pub. L. 96–205,
Section was formerly set out as a note under section 1681 of this title.
1998—Subsec. (h)(2). Pub. L. 105–209, § 2(1), substituted “fifteen years” for “ten years” in introductory provisions.
Subsec. (h)(2)(B). Pub. L. 105–209, § 2(2), inserted at end “The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs.”
1992—Subsec. (h)(2). Pub. L. 102–247 substituted “ten years” for “five years” in introductory provisions.
1988—Subsec. (h)(2). Pub. L. 100–446, in introductory provisions, inserted “or by a grant to the Government of the Republic of the Marshall Islands which may further contract only with a United States firm or a Republic of the Marshall Islands firm, the owners, officers and majority of the employees of which are citizens of the United States or the Republic of the Marshall Islands” after “United States firm” and, in subpar. (B), inserted “, Rongelap, Utrik,” after “Bikini”.
For termination, effective
Pub. L. 100–647, title VI, § 6136,
Pub. L. 95–134, title I, § 106, as added by Pub. L. 96–205, title I, § 102,
Pub. L. 98–213, § 8,
In approving the Compact, the Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that “our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitutional government” and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Micronesia and the Marshall Islands. The Congress also notes and specifically endorses the preamble to the Compact, which affirms that the governments of the parties to the Compact are founded upon respect for human rights and fundamental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to the Congress pursuant to sections 116 and 502B of the Foreign Assistance Act of 1961 [22 U.S.C. 2151n, 2304], a full and complete report regarding the status of internationally recognized human rights in the Federated States of Micronesia and the Marshall Islands.
The rights of a bona fide naturalized citizen of the Marshall Islands or the Federated States of Micronesia to enter the United States, to lawfully engage therein in occupations, and to establish residence therein as a non-immigrant, pursuant to the provisions of section 141(a)(3) of the Compact, shall not extend to any such naturalized citizen with respect to whom circumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part of appropriate officials of the United States and subject to United States procedural requirements, that such naturalized status was acquired primarily in order to obtain such rights.
The Congress endorses and encourages the maintenance of the policies of the Government of the Federated States of Micronesia and the Government of the Marshall Islands to regulate, in accordance with their Constitutions and laws, the alienation of permanent and long-term interests in real property so as to restrict the acquisition of such interests to persons of Federated States of Micronesia citizenship and Marshall Islands citizenship, respectively.
In approving the Compact, the Congress understands that the Government of the Federated States of Micronesia and the Government of the Marshall Islands will not permit any other government or any nongovernmental party to conduct, in the Marshall Islands or in the Federated States of Micronesia, any of the activities specified in subsection (a) of section 314 of the Compact.
In approving the Compact, it is not the intent of the Congress to cause any adverse consequences for the United States territories and commonwealths or the State of Hawaii.
One year after
In preparing the reports, the President shall request the views of the Government of the State of Hawaii, and the governments of each of the United States territories and commonwealths, the Federated States of Micronesia, the Marshall Islands, and Palau, and shall transmit the full text of any such views to the Congress as part of such reports.
The Congress hereby declares that, if any adverse consequences to United States territories and commonwealths or the State of Hawaii result from implementation of the Compact of Free Association, the Congress will act sympathetically and expeditiously to redress those adverse consequences.
As used in this subsection, the term “United States territories and commonwealths” means the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
There are hereby authorized to be appropriated for fiscal years beginning after
The Congress hereby reaffirms the United States position that the United States Government is not responsible for foreign loans or debt obtained by the Governments of the Federated States of Micronesia and the Marshall Islands.
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This joint resolution and this Act, referred to in subsec. (f)(1) to (3), is Pub. L. 99–239,
The Magnuson-Stevens Fishery Conservation and Management Act, referred to in subsec. (f)(3), is Pub. L. 94–265,
The Fishermen’s Protective Act of 1967, referred to in subsec. (f)(3), is act Aug. 27, 1954, ch. 1018, 68 Stat. 883, which is classified generally to chapter 25 (§ 1971 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1971 of Title 22 and Tables.
The Foreign Assistance Act of 1961, referred to in subsec. (f)(3), is Pub. L. 87–195,
Section 3 of the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1802], referred to in subsec. (f)(4)(B), was subsequently amended, and section 3(10) and (14) no longer define the terms “fishing” and “highly migratory species”. However, such terms are defined elsewhere in that section.
Section was formerly set out as a note under section 1681 of this title.
2000—Subsec. (e)(2). Pub. L. 106–504 substituted “Governor of any of the United States territories or commonwealths or the State of Hawaii may report to the Secretary of the Interior by February 1 of each year with respect to the impacts of the compacts of free association on the Governor’s respective jurisdiction. The Secretary of the Interior shall review and forward any such reports to the Congress with the comments of the Administration. The Secretary of the Interior shall, either directly or, subject to available technical assistance funds, through a grant to the affected jurisdiction, provide for a census of Micronesians at intervals no greater than 5 years from each decennial United States census using generally acceptable statistical methodologies for each of the impact jurisdictions where the Governor requests such assistance, except that the total expenditures to carry out this sentence may not exceed $300,000 in any year.” for “President shall report to the Congress with respect to the impact of the Compact on the United States territories and commonwealths and on the State of Hawaii.”.
1996—Subsec. (f)(3), (4)(B). Pub. L. 104–208 substituted “Magnuson-Stevens Fishery” for “Magnuson Fishery”.
Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)],
Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths).
In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Federated States of Micronesia, the United States shall make available to the Government of the Federated States of Micronesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micronesia before
In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Marshall Islands, the United States shall make available to the Government of the Marshall Islands such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, its territories and commonwealths by citizens of the Marshall Islands before
In making funds available pursuant to this subsection, the President shall take such actions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be.
There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subsection.
In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain effective after the termination of the Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions.
Notwithstanding the provisions of Title One, Article V, section 153 of the Compact, after approval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Government of the Marshall Islands or the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) that apply with respect to an agent of a foreign principal shall be subject to the requirements of such Act. Failure to comply with such requirements shall subject such citizen to the same penalties and provisions of law as apply in the case of the failure of such an agent of a foreign principal to comply with such requirements. For purposes of the Foreign Agents Registration Act of 1938, the Federated States of Micronesia and the Marshall Islands shall be considered to be foreign countries.
Paragraph (1) of this subsection shall not apply to a citizen of the United States employed by either the Government of the Marshall Islands or the Government of the Federated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Micronesia (as the case may be) whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended [22 U.S.C. 611 et seq.], that apply with respect to an agent of a foreign principal. The agency or officer of the United States receiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the persons so certified.
Nothing in this subsection shall be construed as amending Section 152(b) of the Compact.
The Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Marshall Islands pursuant to the Compact, including the agreements referred to in sections 462(j) and 462(k) thereof. The Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Micronesia or the Government of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government.
Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of the Compact, as provided in appropriation Acts or other Acts of Congress.
The determination by the Government of the United States under section 219 of the Compact shall be as provided in appropriation Acts.
Pursuant to section 224 of the Compact or section 224 of the Compact with Palau (as contained in title II of Public Law 99–658), the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, and the College Work-Study Program (as authorized by title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.]) shall be extended to students who are, or will be, citizens of the Federated States of Micronesia, or the Marshall Islands and who attend postsecondary institutions in the United States, its territories and commonwealths, the Trust Territory of the Pacific Islands, the Federated States of Micronesia, or the Marshall Islands, except that this paragraph shall not apply to any student receiving assistance pursuant to section 223 of the Compact or section 223 of the Compact with Palau (as contained in title II of Public Law 99–658).
The programs and services of the Environmental Protection Agency regarding PCB’s shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to be made available to such islands.
Notwithstanding any other provision of law, all funds which as of
There are hereby authorized to be appropriated such sums as are necessary for purposes of this subsection.
Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection.
Following approval of the Compact, the Secretary of Defense shall make available the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Marshall Islands who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of Defense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and directed to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States.
Technical assistance may be provided pursuant to section 226 of the Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Soil Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursuant to sections 1902(a), 1903(a), 1903(c), 1903(h), 1903(i), 1903(j), and 1903(l) of this title and subsections (c), (i), (j), (k), (l), (m), (n), and (o) shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Marshall Islands pursuant to the Compact or the subsidiary agreements.
Notwithstanding any other provision of law, persons who on
There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to
There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera and Hansen’s Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program.
The responsibilities of the United States with regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Government of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands.
Any person in the Federated States of Micronesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States.
This joint resolution and this Act, referred to in subsecs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99–239,
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
For
Act of
The Foreign Agents Registration Act of 1938, referred to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.
The Federal Tort Claims Act, referred to in subsec. (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act
Public Law 95–134, referred to in subsec. (h)(4)(B), is Pub. L. 95–134,
Public Law 96–205, referred to in subsec. (h)(4)(B), is Pub. L. 96–205,
The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Public Law 99–658, referred to in subsec. (h)(5), is Pub. L. 99–658,
The Higher Education Act of 1965, referred to in subsec. (h)(5), is Pub. L. 89–329,
Subsec. (q) of this section, which required the President to report annually to Congress on determinations made by the United States in the exercise of its authority under section 313 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, terminated, effective
Section was formerly set out as a note under section 1681 of this title.
2014—Subsec. (l). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)”.
1992—Subsec. (h)(5). Pub. L. 102–486 added par. (5) relating to PCB cleanup.
1988—Subsec. (h)(5). Pub. L. 100–369 added par. (5) relating to Federal education grants.
1986—Subsec. (b)(2). Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordinate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies.”
Subsec. (c)(2). Pub. L. 99–658 substituted “infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:” and subpars. (1) to (3) for “infrastructure.”
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
Pub. L. 99–396, § 20(b),
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
There are authorized to be appropriated such sums as may be necessary to cover any additional costs incurred by the Government of the Federated States of Micronesia or the Republic of the Marshall Islands if such Governments, pursuant to an agreement entered into with the United States, apply a preference on the award of contracts to United States firms, provided that the amount of such preference does not exceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract.
Section was formerly set out as a note under section 1681 of this title.
The provisions of Chapter 11 of title 18 shall apply in full to any individual who has served as the President’s Personal Representative for Micronesian Status Negotiations or who is or was an officer or employee of the Office for Micronesian Status Negotiations or who is or was assigned or detailed to that Office or who served on the Micronesia Interagency Group, except that for the purposes of this section, clauses (i) and (ii) of section 207(b) 1
Effective upon the date of the termination of the Trust Territory of the Pacific Islands with respect to Palau, the Office for Micronesian Status Negotiations is abolished and no department, agency, or instrumentality of the United States shall thereafter contribute funds for the support of such Office.
Section 207 of title 18, referred to in subsec. (a), was amended generally by Pub. L. 101–194, title I, § 101(a),
Section was formerly set out as a note under section 1681 of this title.
For termination of Trust Territory of the Pacific Islands with respect to Palau, see note set out preceding section 1681 of this title.
Any person who is a citizen of the Northern Mariana Islands, as that term is defined in section 24(b) of the Act of December 8, 1983 (97 Stat. 1465), is considered a citizen of the United States for purposes of entry into, permanent residence, and employment in the United States and its territories and possessions.
The provisions of this section shall cease to be effective when section 301 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States (Public Law 94–241) becomes effective pursuant to section 1003(c) of the Covenant.
Section 24(b) of the Act of December 8, 1983, referred to in subsec. (a), is Pub. L. 98–213, § 24(b),
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States, referred to in subsec. (b), is contained in section 1 of Pub. L. 94–241, as amended, set out as a note under section 1801 of this title. For
Public Law 94–241, referred to in subsec. (b), is Pub. L. 94–241,
Section was formerly set out as a note under section 1681 of this title.
No payment may be made pursuant to the Compact nor under any provision of this joint resolution prior to
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This joint resolution, referred to in text, is Pub. L. 99–239,
Section was formerly set out as a note under section 1681 of this title.
Upon receipt of the annual financial statement described in sections 1902(c)(4) and 1903(m)(4) of this title, the President shall promptly transmit a copy of such statement to the Congress.
The Comptroller General of the United States shall have the authority to conduct the audits referred to in sections 1902(c)(1) and 1903(m)(1) of this title.
Section was formerly set out as a note under section 1681 of this title.
For termination, effective
In addition to the programs and services set forth in Section 221 of the Compact, and pursuant to Section 224 of the Compact, the services and programs of the following U.S. agencies shall be made available to the Federated States of Micronesia and the Marshall Islands: The Federal Deposit Insurance Corporation, Small Business Administration, Economic Development Administration, the Rural Electrification Administration, Job Partnership Training Act, Job Corps, and the programs and services of the Department of Commerce relating to tourism and to marine resource development.
To provide policy guidance for the Funds established by subsection (b) of this section, the President is hereby authorized to establish a Board of Advisors, pursuant to appropriate agreements between the United States and the Federated States of Micronesia and the Marshall Islands.
The governments of the Federated States of Micronesia and the Marshall Islands may submit to Congress reports concerning the overall financial and economic impacts on such areas resulting from the effect of Title IV of this joint resolution upon Title Two of the Compact. There are hereby authorized to be appropriated for fiscal years beginning after
The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
The Job Partnership Training Act, referred to in subsec. (a), probably means the Job Training Partnership Act, Pub. L. 97–300,
For
This joint resolution, referred to in subsec. (d), is Pub. L. 99–239,
Section was formerly set out as a note under section 1681 of this title.
The Compact of Free Association, referred to in subsecs. (a) and (b)(1), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
Section 1 of title 18, referred to in subsec. (b)(4), was repealed by Pub. L. 98–473, title II, § 218(a)(1),
Section was formerly set out as a note under section 1681 of this title.
Section was enacted as part of title II of Pub. L. 99–239, and not as part of title I of Pub. L. 99–239 which comprises this part.
Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (b)(4) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
The Compact of Free Association, as amended with respect to the Federated States of Micronesia and signed by the United States and the Government of the Federated States of Micronesia and set forth in Title II (section 201(a)) of this joint resolution, is hereby approved, and Congress hereby consents to the subsidiary agreements and amended subsidiary agreements listed in section 462 of the U.S.-FSM Compact, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Federated States of Micronesia, as amended under the Agreement to Amend Article X that was signed by those two Governments on
The Compact of Free Association, as amended with respect to the Republic of the Marshall Islands and signed by the United States and the Government of the Republic of the Marshall Islands and set forth in Title II (section 201(b)) of this joint resolution, is hereby approved, and Congress hereby consents to the subsidiary agreements and amended subsidiary agreements listed in section 462 of the U.S.-RMI Compact, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Republic of the Marshall Islands, as amended under the Agreement to Amend Article X that was signed by those two Governments on
For purposes of implementation of the U.S.-FSM Compact and the U.S.-RMI Compact and this joint resolution, the Agreement Concluded Pursuant to Section 234 of the Compact of Free Association and referred to in section 462(a)(1) of the U.S.-FSM Compact and section 462(a)(4) of the U.S.-RMI Compact shall be deemed to be a bilateral agreement between the United States and each other party to such subsidiary agreement. The consent or concurrence of any other party shall not be required for the effectiveness of any actions taken by the United States in conjunction with either the Federated States of Micronesia or the Republic of the Marshall Islands which are intended to affect the implementation, modification, suspension, or termination of such subsidiary agreement (or any provision thereof) as regards the mutual responsibilities of the United States and the party in conjunction with whom the actions are taken.
No agreement between the United States and the government of either the Federated States of Micronesia or the Republic of the Marshall Islands which would amend, change, or terminate any subsidiary agreement or portion thereof, other than those set forth in subsection (d) of this section shall enter into force until 90 days after the President has transmitted such agreement to the President of the Senate and the Speaker of the House of Representatives together with an explanation of the agreement and the reasons therefor. In the case of the agreement referred to in section 462(b)(3) of the U.S.-FSM Compact and the U.S.-RMI Compact, such transmittal shall include a specific statement by the Secretary of Labor as to the necessity of such amendment, change, or termination, and the impact thereof.
The Compact of Free Association, as amended with respect to the Federated States of Micronesia and signed by the United States and the Government of the Federated States of Micronesia and set forth in Title II (section 201(a)) of this joint resolution, referred to in subsecs. (a) and (c)(1), is contained in section 201(a) of Pub. L. 108–188, set out below.
This joint resolution, referred to in text, is Pub. L. 108–188,
The Compact of Free Association, as amended with respect to the Republic of the Marshall Islands and signed by the United States and the Government of the Republic of the Marshall Islands and set forth in Title II (section 201(b)) of this joint resolution, referred to in subsecs. (b) and (c)(1), is contained in section 201(b) of Pub. L. 108–188, set out below.
2008—Subsec. (a). Pub. L. 110–229, § 801(a)(1), inserted before period at end of first sentence “, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Federated States of Micronesia, as amended under the Agreement to Amend Article X that was signed by those two Governments on
Subsec. (b). Pub. L. 110–229, § 801(a)(2), inserted before period at end of first sentence “, including Article X of the Federal Programs and Services Agreement Between the Government of the United States and the Government of the Republic of the Marshall Islands, as amended under the Agreement to Amend Article X that was signed by those two Governments on
Pub. L. 110–229, title VIII, § 801(b),
Pub. L. 118–15, div. B, title I, § 2101(b),
Pub. L. 110–229, title VIII, § 809,
Pub. L. 108–188,
“Whereas the United States (in accordance with the Trusteeship Agreement for the Trust Territory of the Pacific Islands, the United Nations Charter, and the objectives of the international trusteeship system of the United Nations) fulfilled its obligations to promote the development of the people of the Trust Territory toward self-government or independence as appropriate to the particular circumstances of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned;
“Whereas the United States, the Federated States of Micronesia, and the Republic of the Marshall Islands entered into the Compact of Free Association set forth in title II of Public Law 99–239,
“Whereas the United States, in accordance with section 231 of the Compact of Free Association entered into negotiations with the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands to provide continued United States assistance and to reaffirm its commitment to this close and beneficial relationship; and
“Whereas these negotiations, in accordance with section 431 of the Compact, resulted in the ‘Compact of Free Association, as amended between the Government of the United States of America and the Government of the Federated States of Micronesia’ [set out below], and the ‘Compact of Free Association, as amended between the Government of the United States of America and the Government of the Republic of the Marshall Islands’ [set out below], which, together with their related agreements, were signed by the Government of the United States and the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands on May 14, and
Pub. L. 108–188, title II, § 201(a), “Affirming that their Governments and their relationship as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the people of the Federated States of Micronesia have the right to enjoy self-government; and “Affirming the common interests of the United States of America and the Federated States of Micronesia in creating and maintaining their close and mutually beneficial relationship through the free and voluntary association of their respective Governments; and “Affirming the interest of the Government of the United States in promoting the economic advancement and budgetary self-reliance of the Federated States of Micronesia; and “Recognizing that their relationship until the entry into force on “Recognizing that the Compact reflected their common desire to terminate the Trusteeship and establish a government-to-government relationship which was in accordance with the new political status based on the freely expressed wishes of the people of the Federated States of Micronesia and appropriate to their particular circumstances; and “Recognizing that the people of the Federated States of Micronesia have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of the Government of the Federated States of Micronesia into the Compact by the people of the Federated States of Micronesia constituted an exercise of their sovereign right to self-determination; and “Recognizing the common desire of the people of the United States and the people of the Federated States of Micronesia to maintain their close government-to-government relationship, the United States and the Federated States of Micronesia: “NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen their relationship of free association by amending the Compact, which continues to provide a full measure of self-government for the people of the Federated States of Micronesia; and “FURTHER AGREE that the relationship of free association derives from and is as set forth in this Compact, as amended, by the Governments of the United States and the Federated States of Micronesia; and that, during such relationship of free association, the respective rights and responsibilities of the Government of the United States and the Government of the Federated States of Micronesia in regard to this relationship of free association derive from and are as set forth in this Compact, as amended. “The people of the Federated States of Micronesia, acting through the Government established under their Constitution, are self-governing. “The Government of the United States shall support applications by the Government of the Federated States of Micronesia for membership or other participation in regional or international organizations as may be mutually agreed. “The Government of the United States may assist or act on behalf of the Government of the Federated States of Micronesia in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Federated States of Micronesia undertaken with the assistance or through the agency of the Government of the United States pursuant to this section unless expressly agreed. “The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Federated States of Micronesia in the area of foreign affairs, except as may from time to time be expressly agreed. “At the request of the Government of the Federated States of Micronesia and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Federated States of Micronesia for travel outside the Federated States of Micronesia, the United States and its territories and possessions. “Except as otherwise provided in this Compact, as amended, or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on “The Government of the Federated States of Micronesia shall permit the Government of the United States to operate telecommunications services in the Federated States of Micronesia to the extent necessary to fulfill the obligations of the Government of the United States under this Compact, as amended, in accordance with the terms of separate agreements entered into pursuant to this section of the Compact, as amended. “Any person who relinquishes, or otherwise loses, his United States nationality or citizenship, or his Federated States of Micronesia citizenship, shall be ineligible to receive the privileges set forth in sections 141 and 142. Any such person may apply for admission to the United States or the Federated States of Micronesia, as the case may be, in accordance with any other applicable laws of the United States or the Federated States of Micronesia relating to immigration of aliens from other countries. The laws of the Federated States of Micronesia or the United States, as the case may be, shall dictate the terms and conditions of any such person’s stay. “Relations between the Government of the United States and the Government of the Federated States of Micronesia shall be conducted in accordance with the Vienna Convention on Diplomatic Relations. In addition to diplomatic missions and representation, the Governments may establish and maintain other offices and designate other representatives on terms and in locations as may be mutually agreed. “Except as provided in this Compact, as amended, or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceased with respect to the Federated States of Micronesia on “The Governments of the United States and the Federated States of Micronesia agree to adopt and enforce such measures, consistent with this Compact, as amended, and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Federated States of Micronesia pursuant to this Compact, as amended, and its related agreements and by the Government of the Federated States of Micronesia in the United States pursuant to this Compact, as amended, and its related agreements. “The Government of the Federated States of Micronesia confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Federated States of Micronesia to grant relief from judgments in appropriate cases. “ ‘(a) The Government of the United States accepts the responsibility for compensation owing to citizens of the Marshall Islands, or the Federated States of Micronesia (or Palau) for loss or damage to property and person of the citizens of the Marshall Islands, or the Federated States of Micronesia, resulting from the nuclear testing program which the Government of the United States conducted in the Northern Marshall Islands between “ ‘(b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. This separate agreement shall come into effect simultaneously with this Compact and shall remain in effect in accordance with its own terms. “ ‘(c) The Government of the United States shall provide to the Government of the Marshall Islands, on a grant basis, the amount of $150 million to be paid and distributed in accordance with the separate agreement referred to in this Section, and shall provide the services and programs set forth in this separate agreement, the language of which is incorporated into this Compact.’. “The Compact, as amended, makes no changes to, and has no effect upon, Section 177 of the Compact, nor does the Compact, as amended, change or affect the separate agreement referred to in Section 177 of the Compact including Articles IX and X of that separate agreement, and measures taken by the parties thereunder. [As amended Pub. L. 110–229, title VIII, § 806(b)(1)(B), “The Governments of the United States and the Federated States of Micronesia shall establish a Joint Economic Management Committee. Through Fiscal Year 2023, the Joint Economic Management Committee shall be governed as follows. The Joint Economic Committee shall be composed of a U.S. chair, two other members from the Government of the United States, and two members from the Government of the Federated States of Micronesia. The Joint Economic Management Committee shall meet at least once each year to review the audits and reports required under Article I of this Title, evaluate the progress made by the Federated States of Micronesia in meeting the objectives identified in its plan described in subsection (c) of section 211, with particular focus on those parts of the plan dealing with the sectors identified in subsection (a) of section 211, identify problems encountered, and recommend ways to increase the effectiveness of U.S. assistance made available under this Title. The establishment and operations of the Joint Economic Management Committee shall be governed by the 2004 Fiscal Procedures Agreement. “Through Fiscal Year 2023, the Government of the Federated States of Micronesia shall report annually to the President of the United States on the use of United States sector grant assistance and other assistance and progress in meeting mutually agreed program and economic goals. Through Fiscal Year 2023, the Joint Economic Management Committee shall review and comment on the report and make appropriate recommendations based thereon. “The funds described in sections 211, 2l2(b), and 215 shall be made available as follows: (In millions of U.S. dollars) Fiscal year Annual Grants Section 211 Audit Grant Section 212(b) (amount up to) Trust Fund Section 215 Total 2004 76.2 .5 16 92.7 2005 76.2 .5 16 92.7 2006 76.2 .5 16 92.7 2007 75.4 .5 16.8 92.7 2008 74.6 .5 17.6 92.7 2009 73.8 .5 18.4 92.7 2010 73 .5 19.2 92.7 2011 72.2 .5 20 92.7 2012 71.4 .5 20.8 92.7 2013 70.6 .5 21.6 92.7 2014 69.8 .5 22.4 92.7 2015 69 .5 23.2 92.7 2016 68.2 .5 24 92.7 2017 67.4 .5 24.8 92.7 2018 66.6 .5 25.6 92.7 2019 65.8 .5 26.4 92.7 2020 65 .5 27.2 92.7 2021 64.2 .5 28 92.7 2022 63.4 .5 28.8 92.7 2023 62.6 .5 29.6 92.7 “Except for the amounts provided for audits under section 212(b), the amounts stated in Article I of this Title shall be adjusted for each United States Fiscal Year by the percent that equals two-thirds of the percent change in the United States Gross Domestic Product Implicit Price Deflator, or 5 percent, whichever is less in any one year, using the beginning of Fiscal Year 2004 as a base. “If in any year the funds made available by the Government of the United States for that year pursuant to this Article are not completely obligated by the Government of the Federated States of Micronesia, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. Beginning in Fiscal Year 2024, the carryover of funds provided under this Article shall be governed by Article IX of the 2023 Fiscal Procedures Agreement. “The Government of the United States and the Government of the Federated States of Micronesia may decide from time to time to extend to the Government of the Federated States of Micronesia additional United States grant assistance, services, and programs, as provided under the laws of the United States. Unless inconsistent with such laws, or otherwise specifically precluded by the Government of the United States at the time such additional grant assistance, services, or programs are extended, the Federal Programs and Services Agreement referred to in section 231 shall apply to any such assistance, services, or programs. “The Government of the Federated States of Micronesia shall make available to the Government of the United States facilities and areas in the Federated States of Micronesia as may be necessary for the operations of the services and programs provided pursuant to this Article and set forth in the Federal Programs and Services Agreement referred to in section 231, or as may be mutually agreed thereafter. “The Government of the Federated States of Micronesia may request, from time to time, technical assistance from the Federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with United States laws. If technical assistance is granted pursuant to such a request, the Government of the United States shall provide the technical assistance in a manner which gives priority consideration to the Federated States of Micronesia over other recipients not a part of the United States, its territories or possessions, and equivalent consideration to the Federated States of Micronesia with respect to other states in Free Association with the United States. Such assistance shall be made available on a reimbursable or nonreimbursable basis to the extent provided by United States law. “The specific nature, extent, and contractual arrangements of the services and programs provided for in section 221 of this Compact, as amended, as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Federated States of Micronesia, and other arrangements in connection with the assistance, services, or programs furnished by the Government of the United States, are set forth in a Federal Programs and Services Agreement. “The Government of the United States, in consultation with the Government of the Federated States of Micronesia, shall determine and implement procedures for audits, as appropriate, of all grants and other assistance made under Article I and Article VI of this Title and of all funds expended for the services and programs provided under Article II of this Title. “Approval of this Compact, as amended, by the Government of the United States, in accordance with its constitutional processes, shall constitute a pledge by the Government of the United States that the sums and amounts specified as sector grants in section 211 and section 261 of this Compact, as amended, shall be appropriated and paid to the Government of the Federated States of Micronesia for such period as those provisions of this Compact, as amended, remain in force, subject to the terms and conditions of this Title and related subsidiary agreements. “The Government of the Federated States of Micronesia pledges to cooperate with, permit, and assist if reasonably requested, designated and authorized representatives of the Government of the United States charged with investigating whether Compact funds, or any other assistance authorized under this Compact, as amended, have been, or are being, used for purposes other than those set forth in this Compact, as amended, or its subsidiary agreements. In carrying out this investigative authority, such United States Government representatives may request that the Government of the Federated States of Micronesia subpoena documents and records and compel testimony in accordance with the laws and Constitution of the Federated States of Micronesia. Such assistance by the Government of the Federated States of Micronesia to the Government of the United States shall not be unreasonably withheld. The obligation of the Government of the Federated States of Micronesia to fulfill its pledge herein is a condition to its receiving payment of such funds or other assistance authorized under this Compact, as amended. The Government of the United States shall pay any reasonable costs for extraordinary services executed by the Government of the Federated States of Micronesia in carrying out the provisions of this section. “The provision of any United States assistance under this Compact, as amended or any subsidiary agreement to this Compact, as amended, shall constitute ‘a particular distribution … required by the terms or special nature of the assistance’ for purposes of Article XII, section l(b) of the Constitution of the Federated States of Micronesia. “The Federated States of Micronesia is not included in the customs territory of the United States. “Articles imported from the Federated States of Micronesia which are not exempt from duty under subsections (a), (b), (c), and (d) of section 242 shall be subject to the rates of duty set forth in column numbered 1-general of the Harmonized Tariff Schedule of the United States (HTSUS). “The currency of the United States is the official circulating legal tender of the Federated States of Micronesia. Should the Government of the Federated States of Micronesia act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. “The Government of the Federated States of Micronesia may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as the Government of the Federated States of Micronesia deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact, as amended, be made according to the United States Internal Revenue Code. [As amended Pub. L. 110–229, title VIII, § 806(b)(1)(I), “A citizen of the Federated States of Micronesia, domiciled therein, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States, provided that such citizen of the Federated States of Micronesia is neither a citizen nor a resident of the United States. “For purposes of section 274(h)(3)(A) of the United States Internal Revenue Code of 1986, the term ‘North American Area’ shall include the Federated States of Micronesia. “Beginning in Fiscal Year 2024, the Joint Economic Management Committee shall be governed by the 2023 Fiscal Procedures Agreement and shall be composed of a U.S. chairperson, two other members from the Government of the United States, and three members from the Government of the Federated States of Micronesia. “Beginning in Fiscal Year 2024 and every two years thereafter until two years after all sector grants provided under section 261(a) are closed out, the Government of the Federated States of Micronesia shall report to the President of the United States on the use of United States sector grant assistance and other assistance provided by the Government of the United States during the previous two Fiscal Years, and on the progress of the Government of the Federated States of Micronesia in meeting program and economic goals. The Joint Economic Management Committee shall review and comment on the report and make appropriate recommendations based thereon. “The funds described in sections 26l(a) and 265 shall be made available as follows: (In millions of U.S. dollars) Fiscal year Sector Grants (Section 261(a)) Trust Fund (Section 265) Total 2024 140 250 390 2025 140 250 390 2026 140 — 140 2027 140 — 140 2028 140 — 140 2029 140 — 140 2030 140 — 140 2031 140 — 140 2032 140 — 140 2033 140 — 140 2034 140 — 140 2035 140 — 140 2036 140 — 140 2037 140 — 140 2038 140 — 140 2039 140 — 140 2040 140 — 140 2041 140 — 140 2042 140 — 140 2043 140 — 140 “All funds made available under this Article shall be available until expended. The carry-over of unused funds made available under this Article shall be governed by Article IX of the 2023 Fiscal Procedures Agreement. “Subject to the terms of any agreements negotiated in accordance with sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Federated States of Micronesia the activities and operations necessary for the exercise of its authority and responsibility under this Title. “The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Federated States of Micronesia, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval of the Government of the Federated States of Micronesia. “The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. “The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Federated States of Micronesia at least to the extent necessary for the exercise of its authority and responsibility under this Title. “The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Federated States of Micronesia are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. “Any person entitled to the privileges set forth in section 141 (with the exception of any person described in section 141(a)(5) who is not a citizen of the Federated States of Micronesia) shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States as long as such person has resided in the United States for a period of less than one year, provided that no time shall count towards this one year while a person admitted to the United States under the Compact, or the Compact, as amended, is engaged in full-time study in the United States. Any person described in section 141(a)(5) who is not a citizen of the Federated States of Micronesia shall be subject to United States laws relating to selective service. [As amended Pub. L. 110–229, title VIII, § 806(b)(1)(J), “In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Government of the Federated States of Micronesia under Titles One, Two and Four and to the responsibility of the Government of the Federated States of Micronesia to assure the well-being of its people. “The Government of the United States shall confer promptly at the request of the Government of the Federated States of Micronesia and that Government shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact, as amended, or of its related agreements. “In the event the Government of the United States or the Government of the Federated States of Micronesia, after conferring pursuant to section 421, determines that there is a dispute and gives written notice thereof, the two Governments shall make a good faith effort to resolve the dispute between themselves. “If a dispute between the Government of the United States and the Government of the Federated States of Micronesia cannot be resolved within 90 days of written notification in the manner provided in section 422, either party to the dispute may refer it to arbitration in accordance with section 424. “The provisions of this Compact, as amended, may be further amended by mutual agreement of the Government of the United States and the Government of the Federated States of Micronesia, in accordance with their respective constitutional processes. “This Compact, as amended, may be terminated by mutual agreement of the Government of the Federated States of Micronesia and the Government of the United States, in accordance with their respective constitutional processes. Such mutual termination of this Compact, as amended, shall be without prejudice to the continued application of section 451 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. “Subject to section 452, this Compact, as amended, may be terminated by the Government of the United States in accordance with its constitutional processes. Such termination shall be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Such termination of this Compact, as amended, shall be without prejudice to the continued application of section 452 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. “This Compact, as amended, shall be terminated by the Government of the Federated States of Micronesia, pursuant to its constitutional processes, subject to section 453 if the people represented by that Government vote in a plebiscite to terminate the Compact, as amended, or by another process permitted by the FSM constitution and mutually agreed between the Governments of the United States and the Federated States of Micronesia. The Government of the Federated States of Micronesia shall notify the Government of the United States of its intention to call such a plebiscite, or to pursue another mutually agreed and constitutional process, which plebiscite or process shall take place not earlier than three months after delivery of such notice. The plebiscite or other process shall be administered by the Government of the Federated States of Micronesia in accordance with its constitutional and legislative processes. If a majority of the valid ballots cast in the plebiscite or other process favors termination, the Government of the Federated States of Micronesia shall, upon certification of the results of the plebiscite or other process, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. “Both the Government of the United States and the Government of the Federated States of Micronesia shall take all necessary steps, of a general or particular character, to ensure, no later than the entry into force date of this Compact, as amended, the conformity of its laws, regulations and administrative procedures with the provisions of this Compact, as amended, or in the case of subsection (d) of section 141, as soon as reasonably possible thereafter. “This Compact, as amended, may be accepted, by signature or otherwise, by the Government of the United States and the Government of the Federated States of Micronesia. “IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association, as amended, which shall enter into force upon the exchange of diplomatic notes by which the Government of the United States of America and the Government of the Federated States of Micronesia inform each other about the fulfillment of their respective requirements for entry into force. “DONE at Pohnpei, Federated States of Micronesia, in duplicate, this fourteenth (14) day of May, 2003, each text being equally authentic. Signed ( For the Government of the United States of America: Ambassador Larry M. Dinger U.S. Ambassador to the Federated States of Micronesia Signed ( For the Government of the Federated States of Micronesia: His Excellency Jesse B. Marehalau Ambassador Extraordinary and Plenipotentiary”
Pub. L. 108–188, title II, § 201(b), “Affirming that their Governments and their relationship as Governments are founded upon respect for human rights and fundamental freedoms for all, and that the people of the Republic of the Marshall Islands have the right to enjoy self-government; and “Affirming the common interests of the United States of America and the Republic of the Marshall Islands in creating and maintaining their close and mutually beneficial relationship through the free and voluntary association of their respective Governments; and “Affirming the interest of the Government of the United States in promoting the economic advancement and budgetary self-reliance of the Republic of the Marshall Islands; and “Recognizing that their relationship until the entry into force on “Recognizing that the Compact reflected their common desire to terminate the Trusteeship and establish a government-to-government relationship which was in accordance with the new political status based on the freely expressed wishes of the people of the Republic of the Marshall Islands and appropriate to their particular circumstances; and “Recognizing that the people of the Republic of the Marshall Islands have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of the Government of the Republic of the Marshall Islands into the Compact by the people of the Republic of the Marshall Islands constituted an exercise of their sovereign right to self-determination; and “Recognizing the common desire of the people of the United States and the people of the Republic of the Marshall Islands to maintain their close government-to-government relationship, the United States and the Republic of the Marshall Islands: “NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen their relationship of free association by amending the Compact, which continues to provide a full measure of self-government for the people of the Republic of the Marshall Islands; and “FURTHER AGREE that the relationship of free association derives from and is as set forth in this Compact, as amended, by the Governments of the United States and the Republic of the Marshall Islands; and that, during such relationship of free association, the respective rights and responsibilities of the Government of the United States and the Government of the Republic of the Marshall Islands in regard to this relationship of free association derive from and are as set forth in this Compact, as amended. “The people of the Republic of the Marshall Islands, acting through the Government established under their Constitution, are self-governing. “The Government of the United States shall support applications by the Government of the Republic of the Marshall Islands for membership or other participation in regional or international organizations as may be mutually agreed. “The Government of the United States may assist or act on behalf of the Government of the Republic of the Marshall Islands in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of the Republic of the Marshall Islands undertaken with the assistance or through the agency of the Government of the United States pursuant to this section unless expressly agreed. “The Government of the United States shall not be responsible for nor obligated by any actions taken by the Government of the Republic of the Marshall Islands in the area of foreign affairs, except as may from time to time be expressly agreed. “At the request of the Government of the Republic of the Marshall Islands and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of the Republic of the Marshall Islands for travel outside the Republic of the Marshall Islands, the United States and its territories and possessions. “Except as otherwise provided in this Compact, as amended, or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as Administering Authority which resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on “The Government of the Republic of the Marshall Islands shall permit the Government of the United States to operate telecommunications services in the Republic of the Marshall Islands to the extent necessary to fulfill the obligations of the Government of the United States under this Compact, as amended, in accordance with the terms of separate agreements entered into pursuant to this section of the Compact, as amended. “Any person who relinquishes, or otherwise loses, his United States nationality or citizenship, or his Republic of the Marshall Islands citizenship, shall be ineligible to receive the privileges set forth in sections 141 and 142. Any such person may apply for admission to the United States or the Republic of the Marshall Islands, as the case may be, in accordance with any other applicable laws of the United States or the Republic of the Marshall Islands relating to immigration of aliens from other countries. The laws of the Republic of the Marshall Islands or the United States, as the case may be, shall dictate the terms and conditions of any such person’s stay. “Relations between the Government of the United States and the Government of the Republic of the Marshall Islands shall be conducted in accordance with the Vienna Convention on Diplomatic Relations. In addition to diplomatic missions and representation, the Governments may establish and maintain other offices and designate other representatives on terms and in locations as may be mutually agreed. “Except as provided in this Compact, as amended, or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceased with respect to the Marshall Islands on “The Governments of the United States and the Republic of the Marshall Islands agree to adopt and enforce such measures, consistent with this Compact, as amended, and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in the Republic of the Marshall Islands pursuant to this Compact, as amended, and its related agreements and by the Government of the Republic of the Marshall Islands in the United States pursuant to this Compact, Compact, as amended, and its related agreements. “The Government of the Republic of the Marshall Islands confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of the Republic of the Marshall Islands to grant relief from judgments in appropriate cases. “ ‘(a) The Government of the United States accepts the responsibility for compensation owing to citizens of the Marshall Islands, or the Federated States of Micronesia (or Palau) for loss or damage to property and person of the citizens of the Marshall Islands, or the Federated States of Micronesia, resulting from the nuclear testing program which the Government of the United States conducted in the Northern Marshall Islands between “ ‘(b) The Government of the United States and the Government of the Marshall Islands shall set forth in a separate agreement provisions for the just and adequate settlement of all such claims which have arisen in regard to the Marshall Islands and its citizens and which have not as yet been compensated or which in the future may arise, for the continued administration by the Government of the United States of direct radiation related medical surveillance and treatment programs and radiological monitoring activities and for such additional programs and activities as may be mutually agreed, and for the assumption by the Government of the Marshall Islands of responsibility for enforcement of limitations on the utilization of affected areas developed in cooperation with the Government of the United States and for the assistance by the Government of the United States in the exercise of such responsibility as may be mutually agreed. This separate agreement shall come into effect simultaneously with this Compact and shall remain in effect in accordance with its own terms. “ ‘(c) The Government of the United States shall provide to the Government of the Marshall Islands, on a grant basis, the amount of $150 million to be paid and distributed in accordance with the separate agreement referred to in this Section, and shall provide the services and programs set forth in this separate agreement, the language of which is incorporated into this Compact.’. “The Government of the United States shall provide to the Government of the Republic of the Marshall Islands in conjunction with section 32l(a) of the Compact, as amended, and the Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Republic of the Marshall Islands Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association, as Amended, a payment in FY 2004 of $15 million, with no adjustment for inflation. In FY 2005 and through FY 2013, the annual payment shall be the FY 2004 amount ($15 million) with an inflation adjustment as provided under section 218. In FY 2014, the annual payment shall be $18 million (with no adjustment for inflation) or the FY 2013 amount with an inflation adjustment under section 218, whichever is greater. For FY 2015 through FY 2023 (and thereafter in accordance with the Agreement Regarding the Military Use and Operating Rights of the Government of the United States in the Republic of the Marshall Islands Concluded Pursuant to Sections 321 and 323 of the Compact of Free Association, as Amended) the annual payment shall be the FY 2014 amount, with an inflation adjustment as provided under section 218. “The Governments of the United States and the Republic of the Marshall Islands shall establish a Joint Economic Management and Financial Accountability Committee. Through FY 2023, the Joint Economic Management and Financial Accountability Committee shall be governed as follows. The Joint Economic Management and Financial Accountability Committee shall be composed of a U.S. chair, two other members from the Government of the United States and two members from the Government of the Republic of the Marshall Islands. The Joint Economic Management and Financial Accountability Committee shall meet at least once each year to review the audits and reports required under Article I of this Title and the 2004 Fiscal Procedures Agreement, evaluate the progress made by the Republic of the Marshall Islands in meeting the objectives identified in its :framework described in subsection (f) of section 211, with particular focus on those parts of the framework dealing with the sectors and areas identified in subsection (a) of section 211, identify problems encountered, and recommend ways to increase the effectiveness of U.S. assistance made available under this Title. The establishment and operations of the Joint Economic Management and Financial Accountability Committee shall be governed by the 2004 Fiscal Procedures Agreement. “Through FY 2023, the Government of the Republic of the Marshall Islands shall report annually to the President of the United States on the use of United States sector grant assistance and other assistance and progress in meeting mutually agreed program and economic goals. Through FY 2023, the Joint Economic Management and Financial Accountability Committee shall review and comment on the report and make appropriate recommendations based thereon. “The funds described in sections 211, 212, 213(b), and 216 shall be made available as follows: (In millions of U.S. dollars) Fiscal year Annual Grants Section 211 Audit Grants Section 213(b) Trust Fund Section 216(a&c) Kwajalein Impact 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 “Except as otherwise provided, the amounts stated in Article I of this Title shall be adjusted for each United States fiscal year by the percent that equals two-thirds of the percent change in the United States Gross Domestic Product Implicit Price Deflater, or 5 percent, whichever is less in any one year, using the beginning of PY 2004 as a base. “If in any year the funds made available by the Government of the United States for that year pursuant to this Article are not completely obligated by the Government of the Republic of the Marshall Islands, the unobligated balances shall remain available in addition to the funds to be provided in subsequent years. Beginning in FY 2024, the carryover of funds provided under sections 21l(a) and 21l(d) shall be governed by Article XI of the 2023 Fiscal Procedures Agreement. “The Government of the United States and the Government of the Republic of the Marshall Islands may decide from time to time to extend to the Republic of the Marshall Islands additional United States grant assistance, services, and programs, as provided under the laws of the United States. Unless inconsistent with such laws, or otherwise specifically precluded by the Government of the United States at the time such additional grant assistance, services, or programs are extended, the Federal Programs and Services Agreement referred to in section 231 shall apply to any such assistance, services, or programs. “The Government of the Republic of the Marshall Islands shall make available to the Government of the United States at no cost facilities and areas in the Republic of the Marshall Islands as may be necessary for the operations of the services and programs provided pursuant to this Article and set forth in the Federal Programs and Services Agreement referred to in section 231, or as may be mutually agreed thereafter. “The Government of the Republic of the Marshall Islands may request, from time to time, technical assistance from the federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with United States laws. If technical assistance is granted pursuant to such a request, the Government of the United States shall provide the technical assistance in a manner which gives priority consideration to the Republic of the Marshall Islands over other recipients not a part of the United States, its territories or possessions, and equivalent consideration to the Republic of the Marshall Islands with respect to other states in Free Association with the United States. Such assistance shall be made available on a reimbursable or nonreimbursable basis to the extent provided by United States law. “The specific nature, extent, and contractual arrangements of the services and programs provided for in section 221 of this Compact, as amended, as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in the Republic of the Marshall Islands, and other arrangements in connection with the assistance, services, or programs furnished by the Government of the United States, are set forth in a Federal Programs and Services Agreement. “The Government of the United States, in consultation with the Government of the Republic of the Marshall Islands, shall determine and implement procedures for audits, as appropriate, of all grants and other assistance provided under Article I and Article VI of this Title and of all funds expended for the services and programs provided under Article II of this Title. “The Government of the Republic of the Marshall Islands pledges to cooperate with, permit, and assist if reasonably requested, designated and authorized representatives of the Government of the United States charged with investigating whether Compact funds, or any other assistance authorized under this Compact, as amended, have been, or are being, used for purposes other than those set forth in this Compact, as amended, or its subsidiary agreements. In carrying out this investigative authority, such United States Government representatives may request that the Government of the Republic of the Marshall Islands subpoena documents and records and compel testimony in accordance with the laws and Constitution of the Republic of the Marshall Islands. Such assistance by the Government of the Republic of the Marshall Islands to the Government of the United States shall not be unreasonably withheld. The obligation of the Government of the Republic of the Marshall Islands to fulfill its pledge herein is a condition to its receiving payment of such funds or other assistance authorized under this Compact, as amended. The Government of the United States shall pay any reasonable costs for extraordinary services executed by the Government of the Republic of the Marshall Islands in carrying out the provisions of this section. “The Republic of the Marshall Islands is not included in the customs territory of the United States. “Articles imported from the Republic of the Marshall Islands which are not exempt from duty under subsections (a), (b), (c), and (d) of section 242 shall be subject to the rates of duty set forth in column numbered 1-general of the Harmonized Tariff Schedule of the United States (HTSUS). “The currency of the United States is the official circulating legal tender of the Republic of the Marshall Islands. Should the Government of the Republic of the Marshall Islands act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. “The Government of the Republic of the Marshall Islands may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as the Government of the Republic of the Marshall Islands deems appropriate. The determination of the source of any income, or the situs of any property, shall for purposes of this Compact, as amended, be made according to the United States Internal Revenue Code. “A citizen of the Republic of the Marshall Islands, domiciled therein, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States, provided that such citizen of the Republic of the Marshall Islands is neither a citizen nor a resident of the United States. “For purposes of section 274(h)(3)(A) of the U.S. Internal Revenue Code of 1986, the term ‘North American Area’ shall include the Republic of the Marshall Islands. “Beginning in FY 2024, the Joint Economic Management and Financial Accountability Committee shall be governed by the 2023 Fiscal Procedures Agreement and shall be composed of a U.S. chairperson, one other member from the Government of the United States, and two members from the Government of the Republic of the Marshall Islands. “Beginning in FY 2024, and every two years thereafter until two years after all grants provided to the Government of the Republic of the Marshall Islands under Article I and Article VI of this Title are closed out, the Government of the Republic of the Marshall Islands shall report to the President of the United States on the use of such assistance and other assistance provided by the Government of the United States during the previous two fiscal years, and on the progress of the Government of the Republic of the Marshall Islands in meeting program and economic goals. The Joint Economic Management and Financial Accountability Committee shall review and comment on the report and make appropriate recommendations based thereon. “The funds described in sections 261(a) and 265 shall be made available as follows: (In thousands of U.S. dollars) FY Sector Grants (Section 261(a)) Trust Fund (Section 265) Total 2024 50,000 200,000 250,000 2025 51,000 200,000 251,000 2026 52,020 200,000 252,020 2027 53,060 100,000 153,060 2028 54,122 — 54,122 2029 55,204 — 55,204 2030 56,308 — 56,308 2031 57,434 — 57,434 2032 58,583 — 58,583 2033 59,755 — 59,755 2034 60,950 — 60,950 2035 62,169 — 62,169 2036 63,412 — 63,412 2037 64,680 — 64,680 2038 65,974 — 65,974 2039 67,293 — 67,293 2040 68,639 — 68,639 2041 70,012 — 70,012 2042 71,412 — 71,412 2043 72,841 — 72,841 “All funds made available under this Article shall be available until expended. The carry-over of Unused funds made available under this Article shall be governed by Article XI of the 2023 Fiscal Procedures Agreement. “Subject to the terms of any agreements negotiated in accordance with sections 321 and 323, the Government of the United States may conduct within the lands, waters and airspace of the Republic of the Marshall Islands the activities and operations necessary for the exercise of its authority and responsibility under this Title. “The Government of the United States may invite members of the armed forces of other countries to use military areas and facilities in the Republic of the Marshall Islands, in conjunction with and under the control of United States Armed Forces. Use by units of the armed forces of other countries of such military areas and facilities, other than for transit and overflight purposes, shall be subject to consultation with and, in the case of major units, approval of the Government of the Republic of the Marshall Islands. “The authority and responsibility of the Government of the United States under this Title may not be transferred or otherwise assigned. “The Government of the United States shall provide and maintain fixed and floating aids to navigation in the Republic of the Marshall Islands at least to the extent necessary for the exercise of its authority and responsibility under this Title. “The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in the Republic of the Marshall Islands are set forth in separate agreements, which shall remain in effect in accordance with the terms of such agreements. “Any person entitled to the privileges set forth in section 141 (with the exception of any person described in section 141(a)(5) who is not a citizen of the Republic of the Marshall Islands) shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States as long as such person has resided in the United States for a period of less than one year, provided that no time shall count towards this one year while a person admitted to the United States under the Compact, or the Compact, as amended, is engaged in full-time study in the United States. Any person described in section 141(a)(5) who is not a citizen of the Republic of the Marshall Islands shall be subject to United States laws relating to selective service. [As amended Pub. L. 110–229, title VIII, § 806(b)(2)(G), “In the exercise of its authority and responsibility under Title Three, the Government of the United States shall accord due respect to the authority and responsibility of the Government of the Republic of the Marshall Islands under Titles One, Two and Four and to the responsibility of the Government of the Republic of the Marshall Islands to assure the well-being of its people. “The Government of the United States shall confer promptly at the request of the Government of the Republic of the Marshall Islands and that Government shall confer promptly at the request of the Government of the United States on matters relating to the provisions of this Compact, as amended, or of its related agreements. “In the event the Government of the United States or the Government of the Republic of the Marshall Islands, after conferring pursuant to section 421, determines that there is a dispute and gives written notice thereof, the two Governments shall make a good faith effort to resolve the dispute between themselves. “If a dispute between the Government of the United States and the Government of the Republic of the Marshall Islands cannot be resolved within 90 days of written notification in the manner provided in section 422, either party to the dispute may refer it to arbitration in accordance with section 424. “The provisions of this Compact, as amended, may be further amended by mutual agreement of the Government of the United States and the Government of the Republic of the Marshall Islands, in accordance with their respective constitutional processes. “This Compact, as amended, may be terminated by mutual agreement of the Government of the Republic of the Marshall Islands and the Government of the United States, in accordance with their respective constitutional processes. Such mutual termination of this Compact, as amended, shall be without prejudice to the continued application of section 451 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. “Subject to section 452, this Compact, as amended, may be terminated by the Government of the United States in accordance with its constitutional processes. Such termination shall be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. Such termination of this Compact, as amended, shall be without prejudice to the continued application of section 452 of this Compact, as amended, and the provisions of the Compact, as amended, set forth therein. “This Compact, as amended, shall be terminated by the Government of the Republic of the Marshall Islands, pursuant to its constitutional processes, subject to section 453 if the people represented by that Government vote in a plebiscite to terminate the Compact, as amended.. [sic] The Government of the Republic of the Marshall Islands shall notify the Government of the United States of its intention to call such a plebiscite, which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by the Government of the Republic of the Marshall Islands in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, the Government of the Republic of the Marshall Islands shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. [As amended Pub. L. 110–229, title VIII, § 806(b)(2)(J), “Both the Government of the United States and the Government of the Republic of the Marshall Islands shall take all necessary steps, of a general or particular character, to ensure, no later than the entry into force date of this Compact, as amended, the conformity of its laws, regulations and administrative procedures with the provisions of this Compact, as amended, or, in the case of subsection (d) of section 141, as soon as reasonably possible thereafter. “This Compact, as amended, may be accepted, by signature or otherwise, by the Government of the United States and the Government of the Republic of the Marshall Islands. “IN WITNESS WHEREOF, the undersigned, duly authorized, have signed this Compact of Free Association, as amended, which shall enter into force upon the exchange of diplomatic notes by which the Government of the United States of America and the Government of the Republic of the Marshall Islands inform each other about the fulfillment of their respective requirements for entry into force. “DONE at Majuro, Republic of the Marshall Islands, in duplicate, this thirtieth (30) day of April, 2003, each text being equally authentic. Signed ( For the Government of the United States of America: Ambassador Michael J. Senko U.S. Ambassador to the Republic of the Marshall Islands Signed ( For the Government of the Republic of the Marshall Islands: His Excellency Banny deBrum Ambassador Extraordinary and Plenipotentiary”
[Pub. L. 110–229, title VIII, § 806(b)(2)(D)(ii),
Pursuant to sections 222 and 224 of the U.S.-FSM Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Federated States of Micronesia to develop and adequately enforce laws of the Federated States of Micronesia and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1921d(j) of this title may be used to reimburse State or local agencies providing such assistance.
The Comptroller General and his duly authorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comptroller General and his duly authorized representatives shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. The privileges, exemptions and immunities accorded under this paragraph are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government of the Federated States of Micronesia.
The Government of the Federated States of Micronesia will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution.
This joint resolution, referred to in subsec. (b)(5), is Pub. L. 108–188,
Pursuant to sections 222 and 224 of the U.S.-RMI Compact, the United States shall provide non-reimbursable technical and training assistance as appropriate, including training and equipment for postal inspection of illicit drugs and other contraband, to enable the Government of the Marshall Islands to develop and adequately enforce laws of the Marshall Islands and to cooperate with the United States in the enforcement of criminal laws of the United States. Funds appropriated pursuant to section 1921d(j) of this title may be used to reimburse State or local agencies providing such assistance.
In the joint resolution of
Notwithstanding any other provision of law, upon the request of the Government of the Republic of the Marshall Islands, the President (either through an appropriate department or agency of the United States or by contract with a United States firm) shall continue to provide special medical care and logistical support thereto for the remaining members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermo-nuclear “Bravo” test, pursuant to Public Laws 95–134 and 96–205.
The Secretary of the Interior shall make available to the Department of Energy, Marshall Islands Program, from funds available for the Technical Assistance Program of the Office of Insular Affairs, the amounts necessary to conduct the radiochemical analysis of groundwater under clause(i)(II).
The President shall ensure the assistance provided under these programs reflects the changes in the population since the inception of such programs.
The planting and agricultural maintenance program on Enewetak shall be funded at a level of not less than $1,300,000 per year, as adjusted for inflation under section 218 of the U.S.-RMI Compact.
There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $1,300,000, as adjusted for inflation under section 218 of the U.S.-RMI Compact, for grants to carry out the planting and agricultural maintenance program.
In the joint resolution of
In the joint resolution of
In the joint resolution of
In the joint resolution of
In the joint resolution of
In the joint resolution of
In the joint resolution of
The joint resolution of
In the joint resolution of
The Comptroller General and his duly authorized representatives shall be immune from civil and criminal process relating to words spoken or written and all acts performed by them in their official capacity and falling within their functions, except insofar as such immunity may be expressly waived by the Government of the United States. The Comptroller General and his duly authorized representatives shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by a competent judicial authority, and such persons shall enjoy immunity from seizure of personal property, immigration restrictions, and laws relating to alien registration, fingerprinting, and the registration of foreign agents. Such persons shall enjoy the same taxation exemptions as are set forth in Article 34 of the Vienna Convention on Diplomatic Relations. The privileges, exemptions and immunities accorded under this paragraph are not for the personal benefit of the individuals concerned but are to safeguard the independent exercise of their official functions. Without prejudice to those privileges, exemptions and immunities, it is the duty of all such persons to respect the laws and regulations of the Government of the Republic of the Marshall Islands.
The Government of the Republic of the Marshall Islands will cooperate fully with the Comptroller General of the United States in the conduct of such audits as the Comptroller General determines necessary to enable the Comptroller General to fully discharge his responsibilities under this joint resolution.
It is the policy of the United States that payment of funds by the Government of the Marshall Islands to the landowners of Kwajalein Atoll in accordance with the land use agreement dated
If the Government of the Marshall Islands fails to make payments in accordance with paragraph (1), the Government of the United States shall initiate procedures under section 313 of the U.S.-RMI Compact and consult with the Government of the Marshall Islands with respect to the basis for the nonpayment of funds.
The United States shall expeditiously resolve the matter of any nonpayment of funds required under paragraph (1) pursuant to section 313 of the U.S.-RMI Compact and the authority and responsibility of the Government of the United States for security and defense matters in or relating to the Marshall Islands. This paragraph shall be enforced, as may be necessary, in accordance with section 1921d(e) of this title.
Until such time as the Government of the Marshall Islands and the landowners of Kwajalein Atoll have concluded an agreement amending or superseding the land use agreement reflecting the terms of and consistent with the Military Use Operating Rights Agreement dated
The President is authorized to make loans and grants to the Government of the Marshall Islands to address the special needs of the community at Ebeye, Kwajalein Atoll, and other Marshallese communities within the Kwajalein Atoll, pursuant to development plans adopted in accordance with applicable laws of the Marshall Islands. The loans and grants shall be subject to such other terms and conditions as the President, in the discretion of the President, may determine are appropriate.
The joint resolution of
Public Law 95–134, referred to in subsecs. (f)(1)(A) and (h)(1), is Pub. L. 95–134,
Public Law 96–205, referred to in subsecs. (f)(1)(A) and (h)(1), is Pub. L. 96–205,
Public Law 102–154, referred to in subsec. (g)(4), is Pub. L. 102–154,
This joint resolution, referred to in subsecs. (i) and (k)(5), is Pub. L. 108–188,
2012—Subsec. (f)(1). Pub. L. 112–149 designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
2008—Subsec. (c)(1). Pub. L. 110–229 substituted “Marshall Islands for the Implementation of Section 177” for “Marshall Islands for the Implementation of section 177”.
In approving the U.S.-FSM Compact and the U.S.-RMI Compact, Congress notes the conclusion in the Statement of Intent of the Report of The Future Political Status Commission of the Congress of Micronesia in July, 1969, that “our recommendation of a free associated state is indissolubly linked to our desire for such a democratic, representative, constitutional government” and notes that such desire and intention are reaffirmed and embodied in the Constitutions of the Federated States of Micronesia and the Republic of the Marshall Islands. Congress also notes and specifically endorses the preamble to the U.S.-FSM Compact and the U.S.-RMI Compact, which affirms that the governments of the parties to the U.S.-FSM Compact and the U.S.-RMI Compact are founded upon respect for human rights and fundamental freedoms for all. The Secretary of State shall include in the annual reports on the status of internationally recognized human rights in foreign countries, which are submitted to Congress pursuant to sections 2151n and 2304 of title 22, a full and complete report regarding the status of internationally recognized human rights in the Federated States of Micronesia and the Republic of the Marshall Islands.
The rights of a bona fide naturalized citizen of the Federated States of Micronesia or the Republic of the Marshall Islands to enter the United States, to lawfully engage therein in occupations, and to establish residence therein as a nonimmigrant, to the extent such rights are provided under section 141 of the U.S.-FSM Compact and the U.S.-RMI Compact, shall not be deemed to extend to any such naturalized citizen with respect to whom circumstances associated with the acquisition of the status of a naturalized citizen are such as to allow a reasonable inference, on the part of appropriate officials of the United States and subject to United States procedural requirements, that such naturalized status was acquired primarily in order to obtain such rights.
It is the sense of Congress that up to $250,000 of the grant assistance provided to the Federated States of Micronesia pursuant to section 211(a)(4) of the U.S.-FSM Compact, and up to $250,000 of the grant assistance provided to the Republic of the Marshall Islands pursuant to section 211(a)(4) of the U.S.-RMI Compact (or a greater amount of the section 211(a)(4) grant, if mutually agreed between the Government of the United States and the government of the Federated States of Micronesia or the government of the Republic of the Marshall Islands), be used for the purpose of increasing the machine-readability and security of passports issued by such jurisdictions. It is further the sense of Congress that such funds be obligated by
It is the sense of Congress that the governments of the Federated States of Micronesia and the Republic of the Marshall Islands develop, prior to
The words “the effective date of this Compact, as amended” in sections 141(a)(3) and 141(a)(4) of the U.S.-FSM Compact and the U.S.-RMI Compact shall be construed to read, “on the day prior to the enactment by the United States Congress of the Compact of Free Association Amendments Act of 2003.”.
Congress endorses and encourages the maintenance of the policies of the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands to regulate, in accordance with their Constitutions and laws, the alienation of permanent interests in real property so as to restrict the acquisition of such interests to persons of Federated States of Micronesia citizenship and the Republic of the Marshall Islands citizenship, respectively.
In approving the U.S.-FSM Compact and the U.S.-RMI Compact, Congress understands that the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands will not permit any other government or any nongovernmental party to conduct, in the Republic of the Marshall Islands or in the Federated States of Micronesia, any of the activities specified in subsection (a) of section 314 of the U.S.-FSM Compact and the U.S.-RMI Compact.
In reauthorizing the U.S.-FSM Compact and the U.S.-RMI Compact, it is not the intent of Congress to cause any adverse consequences for an affected jurisdiction.
There are hereby authorized to be appropriated to the Secretary of the Interior such sums as may be necessary to reimburse health care institutions in the affected jurisdictions for costs resulting from the migration of citizens of the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau to the affected jurisdictions as a result of the implementation of the Compact of Free Association, approved by Public Law 99–239, or the approval of the U.S.-FSM Compact and the U.S.-RMI Compact by this resolution.
The Secretary of Defense shall make available, on a space available and reimbursable basis, the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Republic of the Marshall Islands who are properly referred to the facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau and the affected jurisdictions.
The Secretary of Health and Human Services shall continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Republic of the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States.
There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each fiscal year.
Notwithstanding any other provision of law, the President, to address previously accrued and unreimbursed impact expenses, may, at the request of the Governor of Guam or the Governor of the Commonwealth of the Northern Mariana Islands, reduce, release, or waive all or part of any amounts owed by the Government of Guam or the Government of the Commonwealth of the Northern Mariana Islands (or either government’s autonomous agencies or instrumentalities), respectively, to any department, agency, independent agency, office, or instrumentality of the United States.
Not later than 120 days after
The President shall notify Congress of his intent to exercise the authority granted in subparagraph (A).
Any reduction, release, or waiver under this Act shall not take effect until 60 days after the President notifies Congress of his intent to approve a request of the Governor of Guam or the Governor of the Commonwealth of the Northern Mariana Islands. In exercising his authority under this section and in determining whether to give final approval to a request, the President shall take into consideration comments he may receive after Congressional review.
The authority granted in subparagraph (A) shall expire on
There are hereby authorized to the Secretary of the Interior for each of fiscal years 2004 through 2023 such sums as may be necessary for grants to the governments of Guam, the State of Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa, as a result of increased demands placed on educational, social, or public safety services or infrastructure related to such services due to the presence in Guam, Hawaii, the Commonwealth of the Northern Mariana Islands, and American Samoa of qualified nonimmigrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
Congress hereby reaffirms the United States position that the United States Government is not responsible for foreign loans or debt obtained by the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands.
It is the sense of Congress that not less than 30 percent of the United States annual grant assistance provided under section 211 of the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia, and not less than 30 percent of the total amount of section 211 funds allocated to each of the States of the Federated States of Micronesia, shall be invested in infrastructure improvements and maintenance in accordance with section 211(a)(6). It is further the sense of Congress that not less than 30 percent of the United States annual grant assistance provided under section 211 of the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands, shall be invested in infrastructure improvements and maintenance in accordance with section 211(d).
During the year of the fifth, tenth, and fifteenth anniversaries of
Section 141(f)(2) of the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia and of the Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands, shall be construed as though, after “may by regulations prescribe”, there were included the following: “, except that any such regulations that would have a significant effect on the admission, stay and employment privileges provided under this section shall not become effective until 90 days after the date of transmission of the regulations to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate and the Committee on Resources, the Committee on International Relations, and the Committee on the Judiciary of the House of Representatives”.
As of Fiscal Year 2015, if the United States Gross Domestic Product Implicit Price Deflator average for Fiscal Years 2009 through 2013 is greater than United States Gross Domestic Product Implicit Price Deflator average for Fiscal Years 2004 through 2008 (as reported in the Survey of Current Business or subsequent publication and compiled by the Department of the Interior), then section 217 of the U.S.-FSM Compact, paragraph 5 of Article II of the U.S.-FSM Fiscal Procedures Agreement, section 218 of the U.S.-RMI Compact, and paragraph 5 of Article II of the U.S.-RMI Fiscal Procedures Agreement shall be construed as if “the full” appeared in place of “two-thirds of the” each place those words appear. If an inflation adjustment is made under this subsection, the base year for calculating the inflation adjustment shall be fiscal year 2014.
In furtherance of the provisions of Title Three, Article IV, Section 341 of the U.S.-FSM and the U.S.-RMI Compacts, the purpose of which is to establish the privilege to volunteer for service in the U.S. Armed Forces, it is the sense of Congress that, to facilitate eligibility of FSM and RMI secondary school students to qualify for such service, the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program (STP) and the ASVAB Career Exploration Program to selected secondary Schools in the FSM and the RMI to the extent such programs are available to Department of Defense Dependent Schools located in foreign jurisdictions.
The Immigration and Nationality Act, referred to in subsec. (b)(3), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
The enactment by the United States Congress of the Compact of Free Association Amendments Act of 2003, referred to in subsec. (b)(4), is the enactment of Pub. L. 108–188, which was approved
The Palau Compact, referred to in subsec. (e)(2)(B), probably means the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
The Compact of Free Association, approved by Public Law 99–239, referred to in subsec. (e)(5), is the Compact of Free Association between the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This resolution, referred to in subsec. (e)(5), and this Act, referred to in subsec. (e)(8)(B)(iii), are references to Pub. L. 108–188,
The Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia, referred to in subsecs. (g) and (i), is contained in section 201(a) of Pub. L. 108–188, set out as a note under section 1921 of this title.
The Compact of Free Association, between the Government of the United States of America and the Government of the Republic of the Marshall Islands, referred to in subsecs. (g) and (i), is contained in section 201(b) of Pub. L. 108–188, set out as a note under section 1921 of this title.
The enactment of this resolution, referred to in subsec. (h)(1), is the enactment of Pub. L. 108–188, which was approved
2024—Subsec. (e)(4)(A). Pub. L. 118–42, § 209(l)(2)(A)(i), substituted “during the period of fiscal years 2003 through 2023” for “beginning in fiscal year 2003”.
Subsec. (e)(4)(C). Pub. L. 118–42, § 209(l)(2)(A)(ii), substituted “for the period of fiscal years 2004 through 2023” for “after fiscal year 2003”.
Subsec. (e)(5) to (10). Pub. L. 118–42, § 209(l)(2)(B), (C), redesignated pars. (6) to (10) as (5) to (9), respectively, and struck out former par. (5). Prior to amendment, text of par. (5) read as follows: “The Secretary of the Interior shall allocate to the government of each affected jurisdiction, on the basis of the results of the most recent enumeration, grants in an aggregate amount equal to the total amount of funds appropriated under paragraph (3) of this subsection, as reduced by any deductions authorized by subparagraph (C) of paragraph (4) of this subsection, multiplied by a ratio derived by dividing the number of qualified nonimmigrants in such affected jurisdiction by the total number of qualified nonimmigrants in all affected jurisdictions.”
2009—Subsec. (h)(3). Pub. L. 111–68 struck out par. (3). Text read as follows: “Not later than the date that is three years after
2008—Subsec. (b)(1). Pub. L. 110–229, § 806(a)(2)(A), inserted “the” before “U.S.-RMI Compact,”.
Subsec. (e)(8). Pub. L. 110–229, § 806(a)(2)(B)(i), substituted “and include” for “to include” in introductory provisions.
Subsec. (e)(9)(A). Pub. L. 110–229, § 806(a)(2)(B)(ii), inserted a comma after “impact expenses, may”.
Subsec. (e)(10). Pub. L. 110–229, § 806(a)(2)(B)(iii), substituted “related to such services” for “related to service”.
Subsec. (j). Pub. L. 110–229, § 806(a)(2)(C), inserted “the” before “Interior),”.
Committee on Resources of House of Representatives changed to Committee on Natural Resources of House of Representatives and Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Memorandum of President of the United States,
Memorandum for the Secretary of the Interior
By virtue of the authority vested in me by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 104(h) of the Compact of Free Association Amendments Act of 2003 (Public Law 108–188) [48 U.S.C. 1921c(h)].
You are authorized and directed to publish this memorandum in the Federal Register.
Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Republic of the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths).
In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the U.S.-FSM Compact and the U.S.-RMI Compact, any provisions of the U.S.-FSM Compact or the U.S.-RMI Compact which remain effective after the termination of the U.S.-FSM Compact or U.S.-RMI Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions.
Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to the U.S.-FSM Compact or the U.S.-RMI Compact, including the agreements referred to in sections 462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI Compact. Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the U.S.-FSM Compact or U.S.-RMI Compact. The Government of the United States reserves the right in the event of such a material breach of the U.S.-FSM Compact by the Government of the Federated States of Micronesia or the U.S.-RMI Compact by the Government of the Republic of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government.
Subject to clause (ii), section 221(a)(6) of the U.S.–FSM Compact and section 221(a)(5) of the U.S.–RMI Compact shall each be construed and applied in accordance with the two Agreements to Amend Article X of the Federal Programs and Service Agreements signed on
In the second sentence of paragraph 12 of each of the Agreements described in clause (i), the term “will provide funding” means will provide funding through a transfer of funds using Standard Form 1151 or a similar document or through an interagency, reimbursable agreement.
The United States appointees to the committees established pursuant to section 213 of the U.S.-FSM Compact and section 214 of the U.S.-RMI Compact shall consult with the Secretary of Education regarding the objectives, use, and monitoring of United States financial, program, and technical assistance made available for educational purposes.
Appropriations made pursuant to clause (iii) shall be used and monitored in accordance with an agreement between the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Interior, and in accordance with the respective Fiscal Procedures Agreements referred to in section 462(b)(4) of the U.S.-FSM Compact and section 462(b)(4) of the U.S.-RMI Compact. The agreement between the Secretary of Education, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Interior shall provide for the transfer, not later than 60 days after the appropriations made pursuant to clause (iii) become available to the Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services, from the Secretary of Education, the Secretary of Labor, and the Secretary of Health and Human Services, to the Secretary of the Interior for disbursement.
For fiscal years 2005 through 2023, except as provided in clause (ii) and the exception provided under clause (iii), the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall not receive any grant under any formula-grant program administered by the Secretary of Education or the Secretary of Labor, nor any grant provided through the Head Start Act (42 U.S.C. 9831 et seq.) administered by the Secretary of Health and Human Services.
For fiscal year 2004, the Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall continue to be eligible for appropriations and to receive grants under the provisions of law specified in clauses (ii) and (iii).
The Federated States of Micronesia and the Republic of the Marshall Islands may request technical assistance from the Secretary of Education, the Secretary of Health and Human Services, or the Secretary of Labor the terms of which, including reimbursement, shall be negotiated with the participation of the appropriate cabinet officer for inclusion in the Federal Programs and Services Agreement.
The Governments of the Federated States of Micronesia and the Republic of the Marshall Islands shall continue to be eligible for competitive grants administered by the Secretary of Education, the Secretary of Health and Human Services, and the Secretary of Labor to the extent that such grants continue to be available to State and local governments in the United States.
The provisions of section 178 of the U.S.-FSM Compact and the U.S.-RMI Compact regarding settlement and payment of tort claims shall apply to employees of any Federal agency of the Government of the United States (and to any other person employed on behalf of any Federal agency of the Government of the United States on the basis of a contractual, cooperative, or similar agreement) which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the U.S.-FSM Compact or the U.S.-RMI Compact or this joint resolution, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied.
The programs and services of the Environmental Protection Agency regarding PCBs shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to be made available to such islands for the cleanup of PCBs imported prior to 1987. The Secretary of the Interior and the Secretary of Defense shall cooperate and assist in any such cleanup activities.
Until otherwise provided by Act of Congress, or until termination of the U.S.-FSM Compact and the U.S.-RMI Compact, the College of Micronesia shall retain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions.
Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection.
In addition to amounts provided under section 211(a)(4) of the U.S.-FSM Compact and the U.S.-RMI Compact, the Secretary of the Interior shall annually provide $300,000 for the training of judges and officials of the judiciary in the Federated States of Micronesia and the Republic of the Marshall Islands in cooperation with the Pacific Islands Committee of the Ninth Circuit Judicial Council and in accordance with and to the extent provided in the Federal Programs and Services Agreement and the Fiscal Procedure Agreement, as appropriate.
There is hereby authorized and appropriated to the Secretary of the Interior, out of any funds in the Treasury not otherwise appropriated, to remain available until expended, for each fiscal year from 2004 through 2023, $300,000, as adjusted for inflation under section 218 of the U.S.-FSM Compact and the U.S.-RMI Compact, to carry out the purposes of this section.
Technical assistance may be provided pursuant to section 224 of the 2023 Amended U.S.-FSM Compact, section 224 of the 2023 Amended U.S.-RMI Compact, or section 222 of the U.S.-Palau Compact (as those terms are defined in section 1982 of this title) by Federal agencies and institutions of the Government of the United States to the extent the assistance shall be provided to States, territories, or units of local government.
Any technical assistance authorized under paragraph (1) that is provided by the Forest Service, the Natural Resources Conservation Service, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, the Advisory Council on Historic Preservation, the Department of the Interior, or any other Federal agency providing assistance under division A of subtitle III of title 54 may be provided on a nonreimbursable basis.
During the period in which the 2023 Amended U.S.-FSM Compact (as so defined) and the 2023 Amended U.S.-RMI Compact (as so defined) are in force, the grant programs under division A of subtitle III of title 54 shall continue to apply to the Federated States of Micronesia and the Republic of the Marshall Islands in the same manner and to the same extent as those programs applied prior to the approval of the U.S.-FSM Compact and U.S.-RMI Compact.
Notwithstanding any other provision of law, persons who on
There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to
There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands, and the governments of the affected jurisdictions, such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera, tuberculosis, and Hansen’s Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia, the Government of the Republic of the Marshall Islands and the governments of the affected jurisdictions in designing and implementing such a program.
Any person in the Federated States of Micronesia or the Republic of the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Republic of the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States.
No judgment, whenever issued, of a court of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau, against the United States, its departments and agencies, or officials of the United States or any other individuals acting on behalf of the United States within the scope of their official duty, shall be honored by the United States, or be subject to recognition or enforcement in a court in the United States, unless the judgment is consistent with the interpretation by the United States of international agreements relevant to the judgment. In determining the consistency of a judgment with an international agreement, due regard shall be given to assurances made by the Executive Branch to Congress of the United States regarding the proper interpretation of the international agreement.
The Trust Fund Agreement executed pursuant to the U.S.-FSM Compact and the Trust Fund Agreement executed pursuant to the U.S.-RMI Compact each provides for the establishment of a trust fund.
For the purpose of expediting the commencement of operations of a trust fund under either Trust Fund Agreement, the trust fund may, but shall not be obligated to, assume any obligations of an existing legal entity and take assignment of any contract or other agreement to which the existing legal entity is party.
Without limiting the authority that the United States Government may otherwise have under applicable law, the United States Government may, but shall not be obligated to, provide financial, technical, or other assistance directly or indirectly to the Government of the Federated States of Micronesia or the Government of the Republic of the Marshall Islands for the purpose of establishing and operating a trust fund or other legal entity that will solicit bids from, and enter into contracts with, parties willing to serve in such capacities as trustee, depositary, money manager, or investment advisor, with the intention that the contracts will ultimately be assumed by and assigned to a trust fund established pursuant to a Trust Fund Agreement.
This joint resolution, referred to in subsecs. (a), (b)(10), and (f)(2), is Pub. L. 108–188,
Section 3927 of title 22, referred to in subsec. (b)(5), was in the original “section 207 of the Foreign Service Act”, and was translated as meaning section 207 of the Foreign Service Act of 1980 to reflect the probable intent of Congress.
Act of
The joint resolution of
The Individuals with Disabilities Education Act, referred to in subsec. (f)(1)(B)(ii)(I), is title VI of Pub. L. 91–230,
The Higher Education Act of 1965, referred to in subsec. (f)(1)(B)(ii)(II), (iii), is Pub. L. 89–329,
The Elementary and Secondary Education Act of 1965, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 89–10,
The Workforce Innovation and Opportunity Act, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 113–128,
Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (f)(1)(B)(iii), is Pub. L. 88–210,
The Head Start Act, referred to in subsec. (f)(1)(B)(iii), (v), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
2024—Subsec. (b)(5). Pub. L. 118–42, § 209(h), added par. (5) and struck out former par. (5) which read as follows: “United States Government employees in either the Federated States of Micronesia or the Republic of the Marshall Islands are subject to the authority of the United States Chief of Mission, including as elaborated in section 3927 of title 22 and the President’s Letter of Instruction to the United States Chief of Mission and any order or directive of the President in effect from time to time.”
Subsec. (f)(1)(B)(ix). Pub. L. 118–42, § 209(b)(5), struck out cl. (ix). Text read as follows: “The government, institutions, and people of Palau shall remain eligible for appropriations and to receive grants under the provisions of law specified in clauses (ii) and (iii) until the end of fiscal year 2024, to the extent the government, institutions, and people of Palau were so eligible under such provisions in fiscal year 2003.”
Subsec. (j). Pub. L. 118–42, § 209(j), added subsec. (j) and struck out former subsec. (j). Prior to amendment, text read as follows: “Technical assistance may be provided pursuant to section 224 of the U.S.-FSM Compact or the U.S.-RMI Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Natural Resources Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the U.S.-FSM Compact and the U.S.-RMI Compact are in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Republic of the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Any funds provided pursuant to subsections (c) and (g) to (m) and sections 1921a(a) and 1921b(a), (b), (f) to (h), and (j) of this title shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Republic of the Marshall Islands pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact, or their related subsidiary agreements.”
2017—Subsec. (f)(1)(B)(ix). Pub. L. 115–91 substituted “2024” for “2009”.
2014—Subsec. (f)(1)(B)(iii). Pub. L. 113–128, in introductory provisions, substituted “titles I (other than subtitle C) and II of the Workforce Innovation and Opportunity Act,” for “title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), other than subtitle C of that Act (29 U.S.C. 2881 et seq.) (Job Corps), title II of the Workforce Investment Act of 1998 (20 U.S.C. 9201 et seq.; commonly known as the Adult Education and Family Literacy Act),”.
Subsec. (j). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)”.
2008—Subsec. (b)(1). Pub. L. 110–229, § 806(a)(3), substituted “Trust Funds)” for “Trust Fund)”.
Subsec. (f)(1)(A). Pub. L. 110–229, § 803(a), amended subpar. (A) generally. Prior to amendment, subpar. (A) related to the continuing availability of programs and services of the Department of Homeland Security, Federal Emergency Management Agency.
Subsec. (f)(1)(B)(ii)(II). Pub. L. 110–229, § 804(1), substituted “, its territories, and the Republic of Palau” for “and its territories”.
Subsec. (f)(1)(B)(iii). Pub. L. 110–229, § 804(2), which directed the substitution of “, the Republic of the Marshall Islands, or the Republic of Palau” for “, or the Republic of the Marshall Islands”, in subcl. (II) of cl. (iii), was executed by making the substitution in the concluding provisions of cl. (iii), to reflect the probable intent of Congress.
Subsec. (f)(1)(B)(ix). Pub. L. 110–229, § 804(3), which directed substitution of “government, institutions, and people” for “Republic” in two places and substitution of “2009” for “2007” and “were” for “was”, could not be executed because of the prior identical amendments by Pub. L. 110–161. See 2007 Amendment note below.
Subsec. (f)(1)(C). Pub. L. 110–229, § 805, inserted before period at end “, which shall also continue to be available to the citizens of the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands who legally reside in the United States (including territories and possessions)”.
2007—Subsec. (f)(1)(B)(ix). Pub. L. 110–161 substituted “government, institutions, and people” for “Republic” in two places, “2009” for “2007”, and “were” for “was”.
2006—Subsec. (f)(1)(B)(iii). Pub. L. 109–270 substituted “Carl D. Perkins Career and Technical Education Act of 2006” for “Carl D. Perkins Vocational and Technical Education Act of 1998”.
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after
Pub. L. 110–229, title VIII, § 803(b),
The following laws provided for the continued applicability of subsection (f)(1)(B)(ix) of this section from 2009 to 2019:
Pub. L. 115–245, div. B, title III, § 303,
Pub. L. 115–141, div. H, title III, § 305,
Pub. L. 115–31, div. H, title III, § 305,
Pub. L. 114–113, div. H, title III, § 306,
Pub. L. 113–235, div. G, title III, § 306,
Pub. L. 113–76, div. H, title III, § 306,
Pub. L. 112–74, div. F, title III, § 306,
Pub. L. 111–117, div. D, title III, § 309,
There are authorized to be appropriated such sums as may be necessary to cover any additional costs incurred by the Government of the Federated States of Micronesia or the Republic of the Marshall Islands if such Governments, pursuant to an agreement entered into with the United States, apply a preference on the award of contracts to United States firms, provided that the amount of such preference does not exceed 10 percent of the amount of the lowest qualified bid from a non-United States firm for such contract.
All laws governing conflicts of interest and post-employment of Federal employees shall apply to the implementation of this Act.
This Act, referred to in text, is Pub. L. 108–188,
In addition to the programs and services set forth in section 221 of the U.S.-FSM Compact and the U.S.-RMI Compact, and pursuant to section 222 of the U.S.-FSM Compact and the U.S.-RMI Compact, the services and programs of the following United States agencies shall be made available to the Federated States of Micronesia and the Republic of the Marshall Islands: the Small Business Administration, Economic Development Administration, the Rural Utilities Services (formerly Rural Electrification Administration); the programs and services of the Department of Labor under subtitle C of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3191 et seq.] (relating to Job Corps); and the programs and services of the Department of Commerce relating to tourism and to marine resource development.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113–128,
The joint resolution of
2014—Subsec. (a). Pub. L. 113–128, § 512(g)(2), substituted “subtitle C of title I of the Workforce Innovation and Opportunity Act (relating to Job Corps)” for “subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps)”.
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after
The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99–193 of
Any reference in this joint resolution to the “Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution.
The Compact of Free Association and the Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out below.
This joint resolution and this Act, referred to in text, is Pub. L. 99–658,
For
Section 601(b) of Public Law 94–329, referred to in subsec. (d)(3), is section 601(b) of Pub. L. 94–329, title VI,
Section was formerly set out as a note under section 1681 of this title.
Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress,
Commissioner of Immigration and Naturalization to issue regulations, not later than 6 months after
Pub. L. 99–658 which enacted this part contained several “Whereas” clauses reading as follows: “Whereas the United States is the administering authority of the Trust Territory of the Pacific Islands under the terms of the Trusteeship Agreement for the former Japanese Mandated Islands entered into by the United States with the Security Council of the United Nations on “Whereas the United States, in accordance with the Trusteeship Agreement, the Charter of the United Nations and the objectives of the international trusteeship system, has promoted the development of the peoples of the Trust Territory toward self-government or independence as appropriate to the particular cicumstances [sic] of the Trust Territory and its peoples and the freely expressed wishes of the peoples concerned; and “Whereas the United States, in response to the desires of the people of Palau expressed through their freely-elected representatives and by the official pronouncements and enactments of their lawfully constituted government, and in consideration of its own obligations under the Trusteeship Agreement to promote self-determination, entered into political status negotiations with representatives of the people of Palau; and “Whereas these negotiations resulted in the ‘Compact of Free Association’ [set out below] between the United States and Palau which, together with its related agreements, was signed by the United States and by Palau on “Whereas the Compact of Free Association received a favorable vote of a majority of the people of Palau voting in a United Nations-observed plebiscite conducted on “Whereas the Supreme Court of Palau has ruled that the constitutional process of Palau for approval of the Compact of Free Association in accordance with section 411 of the Compact has not yet been completed; and “Whereas the President of Palau has requested the United States to complete the process of United States approval of the Compact of Free Association in accordance with section 411 of the Compact through enactment of an appropriate joint resolution”.
Pub. L. 118–83, div. B, title I, § 110(a),
Pub. L. 115–91, div. A, title XII, § 1259C(a), (b),
Pub. L. 99–658, title II, § 201, “Affirming that their Governments and the relationship between their Governments are founded upon respect for human rights and fundamental freedoms for all, and “Affirming the common interests of the United States of America and the people of Palau in creating close and mutually beneficial relationships through a free and voluntary association of their Governments; and “Affirming the interest of the Government of the United States in promoting the economic advancement and self-sufficiency of the people of Palau; and “Recognizing that their previous relationship has been based upon the International Trusteeship System of the United Nations Charter; and that pursuant to Article 76 of the Charter, the peoples of the Trust Territory have progressively developed their institutions of self-government, and that in the exercise of their sovereign right to self-determination they have, through their free-expressed [sic] wishes, adopted a Constitution appropriate to their particular circumstances; and “Recognizing their common desire to terminate the Trusteeship and establish a new government-to-government relationship in accordance with a new political status based on the freely-expressed wishes of the people of Palau and appropriate to their particular circumstances; and “Recognizing that the people of Palau have and retain their sovereignty and their sovereign right to self-determination and the inherent right to adopt and amend their own Constitution and form of government and that the approval of the entry of their Government into this Compact of Free Association by the people of Palau constitutes an exercise of their sovereign right to self-determination; “NOW, THEREFORE, AGREE to enter into relationship of free association which provides a full measure of self-government for the people of Palau; and “FURTHER AGREE that the relationships of free association derives from and is as set forth in this Compact; and that, during such relationships of free association, the respective rights and responsibilities of the Government of the United States and the Government of the freely associated state of Palau in regard to this relationship of free association derives from and is as set forth in this Compact. “The people of Palau, acting through their duly elected government established under their constitution, are self-governing. “The Government of the United States shall support application by the Government of Palau for membership or other participation in regional or international organizations as may be mutually agreed. The Government of the United States agrees to accept citizens of Palau for training and instruction at the United States Foreign Service Institute [now George P. Shultz National Foreign Affairs Training Center], established under 22 U.S.C. 4021, or similar training under terms and conditions to be mutually agreed. “In recognition of the authority and responsibility of the Government of the United States under Title Three, the Government of Palau shall consult with the Government of the United States. The Government of the United States, in the conduct of its foreign affairs, shall consult with the Government of Palau on matters which the Government of the United States regards as relating to or affecting the Government of Palau, and shall provide, on a regular basis, information on regional foreign policy matters. “Except as otherwise provided in this Compact or its related agreements, all obligations, responsibilities, rights and benefits of the Government of the United States as administering authority which have resulted from the application pursuant to the Trusteeship Agreement of any treaty or other international agreement to the Trust Territory of the Pacific Islands on the day preceding the effective date of this Compact are no longer assumed and enjoyed by the Government of the United States. “The Government of the United States shall accept responsibility for those actions taken by the Government of Palau in the area of foreign affairs, only as may from time to time be expressly and mutually agreed. “The Government of the United States may assist or act on behalf of the Government of Palau in the area of foreign affairs as may be requested and mutually agreed from time to time. The Government of the United States shall not be responsible to third parties for the actions of the Government of Palau undertaken with the assistance or through the agency of the Government of the United States pursuant to this Section unless expressly agreed. “At the request of the Government of Palau and subject to the consent of the receiving state, the Government of the United States shall extend consular assistance on the same basis as for citizens of the United States to citizens of Palau for travel outside of Palau, the Marshall Islands, the Federated States of Micronesia, the United States and its territories and possessions. “The Government of Palau shall permit the Government of the United States to operate telecommunications services in Palau to the extent necessary to fulfill the obligations of the Government of the United States under this Compact in accordance with the terms of related agreements which shall come into effect simultaneously with this Compact.
“Section 141
“(a) Any person in the following categories may enter into, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (14), (20), and (26) of section 212(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(a)(14), (20), and (26): “The Government of the United States and the Government of Palau may establish and maintain representative offices in the capitals of the other. “The Government of the United States and the Government of Palau declare that it is their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Palau. “Except as provided in this Compact or its related agreements, the application of the laws of the United States to the Trust Territory of the Pacific Islands by virtue of the Trusteeship Agreement ceases with respect to Palau as of the effective date of this Compact. “The Government of the United States and the Government of Palau, agree to adopt and enforce such measures, consistent with this Compact and its related agreements, as may be necessary to protect the personnel, property, installations, services, programs and official archives and documents maintained by the Government of the United States in Palau pursuant to this Compact and its related agreements and by that Government in the United States pursuant to this Compact and its related agreements. “A separate agreement, which shall come into effect simultaneously with this Compact, shall be concluded between the Government of the United States and the Government of Palau regarding mutual assistance and cooperation in law enforcement matters including the pursuit, capture, imprisonment and extradition of fugitives from justice and the transfer of prisoners. The separate agreement shall have the force of law. In the United States, the laws of the United States governing international extradition, including 18 U.S.C. 3184, 3186 and 3188–3195, shall be applicable to the extradition of fugitives under the separate agreement, and the laws of the United States governing the transfer of prisoners, including 18 U.S.C. 4100–4115, shall be applicable to the transfer of prisoners under the separate agreement. “The Government of Palau confirms that final judgments in civil cases rendered by any court of the Trust Territory of the Pacific Islands shall continue in full force and effect, subject to the constitutional power of the courts of Palau to grant relief from judgments in appropriate cases. “The Government of the United States shall provide on a grant basis to the Government of Palau the sum of $5.5 million in conjunction with Article II of Title Three. This sum shall be made available concurrently with the grant assistance provided pursuant to this Article during the first year after the effective date of this Compact. The Government of Palau, in its use of such funds, shall take into account the impact of the activities of the Government of the United States in Palau. “All funds previously appropriated to the Trust Territory of the Pacific Islands for the Government of Palau which are unobligated by the Government of the Trust Territory as of the effective date of this Compact shall accrue to the Government of Palau for the purposes for which such funds were originally appropriated as determined by the Government of the United States. “Except as otherwise provided, the amounts stated in Sections 211(a), 211(b), 211(c) and 212(b) shall be adjusted for each fiscal year by the percent which equals two-thirds of the percentage change in the United States Gross National Product Implicit Price Deflator, or seven percent, whichever is less in any one year, using the beginning of Fiscal Year 1981 as the base. “The Government of Palau may request, from time to time, technical assistance from the Federal agencies and institutions of the Government of the United States, which are authorized to grant such technical assistance in accordance with its law and which shall grant such technical assistance in a manner which gives priority consideration to Palau over other recipients not a part of the United States, its territories or possessions and equivalent consideration to Palau with respect to other states in Free Association with the United States. “The citizens of Palau who are receiving post-secondary education assistance from the Government of the United States on the day preceding the effective date of this Compact shall continue to be eligible, if otherwise qualified, to receive such assistance to complete their academic programs for a maximum of four years after the effective date of this Compact. “The Government of the United States and the Government of Palau may agree from time to time to the extension to Palau of additional United States grant assistance and of United States services and programs as provided by the laws of the United States. “The specific nature, extent and contractual arrangements of the services and programs provided for in Section 221 as well as the legal status of agencies of the Government of the United States, their civilian employees and contractors, and the dependents of such personnel while present in Palau, and other arrangements in connection with a service or program furnished by the Government of the United States, are set forth in related agreements which shall come into effect simultaneously with this Compact. “The Government of the United States, in consultation with the Government of Palau, shall determine and implement procedures for the periodic audit of all grants and other assistance made under this Title. Such audits shall be conducted at no cost to the Government of Palau. “Title to the property of the Government of the United States situated in the Trust Territory of the Pacific Islands and in Palau or acquired for or used by the Government of the Trust Territory of the Pacific Islands on or before the day preceding the effective date of this Compact shall, without reimbursement or transfer of funds, vest in the Government of Palau as set forth in a separate agreement which shall come into effect simultaneously with this Compact. The provisions of this Section shall not apply to the personal property of the Government of the United States for which the Government of the United States determines a continuing requirement. “Except as otherwise provided, approval of this Compact by the Government of the United States shall constitute a pledge of the full faith and credit of the United States for the full payment of the sums and amounts specified in Article I of this Title. The obligation of the Government of the United States under Article I of this Title shall be enforceable in the United States Claims Court [now United States Court of Federal Claims], or its successor court, which shall have jurisdiction in cases arising under this Section, notwithstanding the provisions of 28 U.S.C. 1502, and which court’s decisions shall be reviewable as provided by the laws of the United States. “Palau is not included in the customs territory of the United States. “Articles imported from Palau which are not exempt from any duty under paragraphs (a), (b), (c) and (d) of Section 242 shall be subject to the rates of duty set forth in column numbered 1 of the Tariff Schedules of the United States and all products of the United States imported into Palau shall receive treatment no less favorable than that accorded like products of any foreign country with respect to customs duties or charges of a similar nature and with respect to laws and regulations relating to importation, exportation, taxation, sale, distribution, storage, or use. “The currency of the United States is the official circulating legal tender of Palau. Should the Government of Palau act to institute another currency, the terms of an appropriate currency transitional period shall be as agreed with the Government of the United States. “The Government of Palau may, with respect to United States persons, tax income derived from sources within its respective jurisdiction, property situated therein, including transfers of such property by gift or at death, and products consumed therein, in such manner as such Government deems appropriate. The determination of the source of any income, or the situs of any property, shall, for purposes of this Compact, be made according to the United States Internal Revenue Code. “A citizen of Palau, domiciled therein and who is a nonresident and not a citizen of the United States, shall be exempt from estate, gift, and generation-skipping transfer taxes imposed by the Government of the United States. “This Article shall apply to income earned, and transactions occurring, after “The territorial jurisdiction of the Republic of Palau shall be completely foreclosed to the military forces and personnel or for the military purposes of any nation except the United States of America, and as provided for in Section 312. “The Government of the United States has full authority and responsibility for security and defense matters in or relating to Palau. Subject to the terms of any agreements negotiated pursuant to Article II of this Title, the Government of the United States may conduct within the lands, water and airspace of Palau the activities and operations necessary for the exercise of its authority and responsibility under this Title. The Government of the United States may invite the armed forces of other nations to use military areas and facilities in Palau in conjunction with and under the control of United States Armed Forces. “The Government of Palau shall refrain from actions which the Government of the United States determines, after consultation with that Government, to be incompatible with its authority and responsibility for security and defense matters in or relating to Palau. “The Government of the United States may establish and use defense sites in Palau, and may designate for this purpose land and water areas and improvements in accordance with the provisions of a separate agreement which shall come into force simultaneously with this Compact. “The military operating rights of the Government of the United States and the legal status and contractual arrangements of the United States Armed Forces, their members, and associated civilians, while present in Palau, are set forth in related agreements which shall come into effect simultaneously with this Compact. “In the exercise in Palau of its authority and responsibility under this Title, the Government of the United States shall not use, test, store or dispose of nuclear, toxic chemical, gas or biological weapons intended for use in warfare and the Government of Palau assures the Government of the United States that in carrying out its security and defense responsibilities under this Title, the Government of the United States has the right to operate nuclear capable or nuclear propelled vessels and aircraft within the jurisdiction of Palau without either confirming or denying the presence or absence of such weapons within the jurisdiction of Palau. “Any citizen of Palau entitled to the privileges of Section 141 of this Compact shall be eligible to volunteer for service in the Armed Forces of the United States, but shall not be subject to involuntary induction into military service of the United States so long as such person does not establish habitual residence in the United States, its territories or possessions. “In the exercise of its authority and responsibility under this Compact, the Government of the United States shall accord due respect to the authority and responsibility of the Government of Palau under this Compact and to the responsibility of the Government of Palau to assure the well-being of Palau and its people. The Government of the United States and the Government of Palau agree that the authority and responsibility of the United States set forth in this Title are exercised for the mutual security and benefit of Palau and the United States, and that any attack on Palau would constitute a threat to the peace and security of the entire region and a danger to the United States. In the event of such an attack, or threat thereof, the Government of the United States would take action to meet the danger to the United States and Palau in accordance with its constitutional processes. “The Government of the United States and the Government of Palau shall confer promptly at the request of the other on matters relating to the provisions of this Compact or of its related agreements. “In the event the Government of the United States or the Government of Palau, after conferring pursuant to Section 421, determines that there is a dispute and gives written notice thereof, the Governments shall make a good faith effort to resolve the dispute among themselves. “If a dispute between the Government of the United States and the Government of Palau cannot be resolved within 90 days of written notification in the manner provided in Section 422, either party to the dispute may refer it to arbitration in accordance with Section 424. “The provisions of this Compact may be amended at any time by mutual agreement of the Government of the United States and the Government of Palau in accordance with their respective constitutional processes. “Upon the fifteenth and thirtieth and fortieth anniversaries of the effective date of this Compact, the Government of the United States and the Government of Palau shall formally review the terms of this Compact and its related agreements and shall consider the overall nature and development of their relationship. In these formal reviews, the governments shall consider the operating requirements of the Government of Palau and its progress in meeting the development objectives set forth in the plan referred to in Section 231(a). The governments commit themselves to take specific measures in relation to the findings of conclusions resulting from the review. Any alteration to the terms of this Compact or its related agreements shall be made by mutual agreement and the terms of this Compact and its related agreements shall remain in force until otherwise amended or terminated pursuant to Title Four of this Compact. “This Compact may be terminated by mutual agreement and subject to Section 451. “This Compact may be terminated by the Government of the United States subject to Section 452, such termination to be effective on the date specified in the notice of termination by the Government of the United States but not earlier than six months following delivery of such notice. The time specified in the notice of termination may be extended. “This Compact shall be terminated, pursuant to its constitutional processes, by the Government of Palau subject to Section 452 if the people of Palau vote in a plebiscite to terminate. The Government of Palau shall notify the Government of the United States of its intention to call such a plebiscite which shall take place not earlier than three months after delivery of such notice. The plebiscite shall be administered by such government in accordance with its constitutional and legislative processes, but the Government of the United States may send its own observers and invite observers from a mutually agreed party. If a majority of the valid ballots cast in the plebiscite favors termination, such government shall, upon certification of the results of the plebiscite, give notice of termination to the Government of the United States, such termination to be effective on the date specified in such notice but not earlier than three months following the date of delivery of such notice. The time specified in the notice of termination may be extended. “Should termination occur pursuant to Section 441, economic assistance by the Government of the United States shall continue on mutually agreed terms. “Any provision of this Compact which remains in effect by operation of Section 452 shall be construed and implemented in the same manner as prior to any termination of this Compact pursuant to Section 442 or 443. “This Compact may be accepted, by signature or otherwise, by the Government of the United States and the Government of Palau. Each government shall possess an original English language version. “IN WITNESS THEREOF, the undersigned, duly authorized, have signed this Compact of Free Association which shall come into effect in accordance with its terms between the Government of the United States and the Government of Palau.
[For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Proc. No. 6726,
Since
On
On
On
In Palau the Compact has been approved by the Government in accordance with its constitutional processes and by a United Nations-observed plebiscite on
On
On
As of this day,
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by the authority vested in me by the Constitution and laws of the United States, including sections 101 and 102 of the Joint Resolution to approve the “Compact of Free Association” between the United States and the Government of Palau, and for other purposes, approved on
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of September, in the year of our Lord nineteen hundred and ninety-four, and of the Independence of the United States of America the two hundred and nineteenth.
The Compact of Free Association with Palau, referred to in subsec. (a), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section was formerly set out as a note under section 1681 of this title.
The Secretary of the Interior shall conduct, upon request of Palau, the Federated States of Micronesia or the Marshall Islands, and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cultural, and recreational resources of Palau, the Federated States of Micronesia or the Marshall Islands. Areas or sites exhibiting such qualities shall be described and evaluated with the objective of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for attracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or impending damage or threats to the resources of such areas or sites shall be identified and evaluated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental officials and the interested public. A full report on such inventory and study shall be transmitted to Palau or the Federated States of Micronesia or the Marshall Islands, the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no later than two complete calendar years after
Not later than one year after
Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sum and amounts payable to the Government of Palau pursuant to this joint resolution to any party other than the Government of Palau, except under the procedures established by the Compact and its related agreements. No funds appropriated pursuant to the Compact, this Act, or any other Act for grants or other assistance to Palau may be used to satisfy any obligation or expense incurred by Palau prior to
Amounts appropriated to be paid pursuant to section 177 of Article I of Title One or Articles I and III of Title Two of the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands, as set forth in Title II of the Compact of Free Association Act of 1985, or pursuant to section 103(h), 103(k), or 105(m) of such Act [48 U.S.C. 1903(h), (k), 1905(m)] (Public Law 99–239), or pursuant to Article I of Title Two of the Compact with Palau, as set forth in Title II of this joint resolution, or section 104(l) 2
The Congress reaffirms all of the understandings, interpretations, and policy statements contained in Public Law 99–239 (99 Stat. 1770) [48 U.S.C. 1901 et seq., 2001 et seq.]. Congressional Resolution 4–60 adopted by the 4th Congress of the Federated States of Micronesia on
Notwithstanding any other provision of law, funds appropriated for the Compact of Free Association, Public Law 99–239 [48 U.S.C. 1901 et seq., 2001 et seq.], or this joint resolution, in the act of making supplemental appropriations for fiscal year 1986, shall remain available until expended.
The Departments of Energy and Interior are directed to provide the Committees on Appropriations of the House and Senate with a report by December 1 of each fiscal year detailing how funds were spent during the previous fiscal year for the special medical care and logistical support program for Rongelap and Utrik and for the agriculture and food programs for Eniwetok and Bikini as referenced in Section 103(h) of Public Law 99–239 [48 U.S.C. 1903(h)]. The report shall also specify the anticipated needs during the current and following fiscal years in order to meet the radiological health care and logistical support program for Rongelap and Utrik and the planting, agricultural maintenance, and food programs for Eniwetok and Bikini. It is the sense of the Congress that the special medical care and logistical support program for Rongelap and Utrik and for the agriculture and food programs for Eniwetok and Bikini described in section 103(h) of Public Law 99–239 represent special and continuing moral commitments of the United States which will be annually funded to the extent of the need of the populations of such atolls for such assistance.
The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
The Compact of Free Association with the Marshall Islands and the Compact of Free Association with the Federated States of Micronesia and the Marshall Islands, referred to in subsecs. (a)(1) and (f), respectively, are contained in the Compact of Free Association, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
This joint resolution and this Act, referred to in subsecs. (e), (f), and (i), is Pub. L. 99–658,
The Compact of Free Association Act of 1985 and Public Law 99–239, referred to in subsecs. (f), (g), and (i), is Pub. L. 99–239,
Public Law 99–177, referred to in subsec. (f), is Pub. L. 99–177,
Public Law 99–366, referred to in subsec. (f), is Pub. L. 99–366,
The Compact of Free Association, referred to in subsecs. (g) and (i), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
Section was formerly set out as a note under section 1681 of this title.
Section is comprised of section 104 of Pub. L. 99–658. Subsec. (c) of section 104 of Pub. L. 99–658 amended section 1905 of this title. Subsec. (j)(1) and (2) of section 104 of Pub. L. 99–658 amended sections 460ff–3 and 460ff–5 of Title 16, Conservation.
2008—Subsec. (a). Pub. L. 110–181 designated existing provisions as par. (1) and added par. (2).
1989—Subsec. (e). Pub. L. 101–219 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as follows: “Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sums and amounts payable to the Government of Palau pursuant to this joint resolution to any party other than the Government of Palau. The provisions of section 174(a) of the Compact shall apply with respect to any action based on a contract or debt related to any electrical generating plant or related facilities entered into or incurred by Palau prior to the date of enactment of this joint resolution.”
Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress,
With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citizens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in Palau.
The defense sites of the United States established in Palau in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18.
The Compact of Free Association, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section 1 of title 18, referred to in subsec. (c)(3), was repealed by Pub. L. 98–473, title II, § 218(a)(1),
Section was formerly set out as a note under section 1681 of this title.
Section was enacted as part of title II of Pub. L. 99–658, not as part of title I of Pub. L. 99–658 which comprises this part.
Words “magistrate judges” and “Magistrate Judges” substituted for “magistrates” and “Magistrates”, respectively, wherever appearing in subsec. (c)(3) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Public Law 99–658, referred to in text, is Pub. L. 99–658,
The Compact of Free Association between the United States and Palau, referred to in text, is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
This joint resolution, referred to in text, is Pub. L. 101–219,
For
Section was formerly set out as a note under section 1681 of this title.
Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress,
Upon request of the Government of Palau, the Secretary of the Interior shall provide assistance to the Government of Palau to develop and promulgate regulations for the effective expenditure of funds received pursuant to this joint resolution, Public Laws 99–658 [48 U.S.C. 1931 et seq.] and 99–239 [48 U.S.C. 1901 et seq., 2001 et seq.], or any other Act of Congress.
This joint resolution, referred to in text, is Pub. L. 101–219,
Public Law 99–658, referred to in text, is Pub. L. 99–658,
Public Law 99–239, referred to in text, is Pub. L. 99–239,
Section was formerly set out as a note under section 1681 of this title.
The Department of the Interior shall develop, in cooperation with the Government of Palau and the National Drug Control Policy Office, a plan for an antidrug program in Palau. The plan shall be submitted to the Committees on Interior and Insular Affairs, Foreign Affairs, and Appropriations of the House of Representatives and the Committees on Energy and Natural Resources and Appropriations of the Senate by
Section was formerly set out as a note under section 1681 of this title.
Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Resources of House of Representatives by House Resolution No. 5, One Hundred Third Congress,
For
Section was formerly set out as a note under section 1681 of this title.
The chief officer of any agency conducting an audit pursuant to paragraph (1) of sections 1902(c) and 1903(m) of this title and section 1931(d)(1)(C) of this title shall certify that audit.
Section was formerly set out as a note under section 1681 of this title.
The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section was formerly set out as a note under section 1681 of this title.
The Secretary of the Interior shall station at least one professional staff person in each of the Offices of the United States Representatives in the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands to provide Federal program coordination and technical assistance to such governments as authorized under Public Laws 99–239 [48 U.S.C. 1901 et seq., 2001 et seq.] and 99–658 [48 U.S.C. 1931 et seq.]. In meeting the purposes of this section the Secretary shall select qualified persons following consultations with the Interagency Group on Freely Associated State Affairs.
Public Law 99–239, referred to in text, is Pub. L. 99–239,
Public Law 99–658, referred to in text, is Pub. L. 99–658,
Section was formerly set out as a note under section 1681 of this title.
The Secretary of the Interior shall provide such sums as may be necessary for a further referendum on approval of the Compact, if one is required, or other appropriate costs associated with the approval process in Palau.
The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section was formerly set out as a note under section 1681 of this title.
An agreement between the United States and the Government of the Republic of Palau consistent with the agreements approved by Public Law 101–62 (101 1
The provisions of article IX, paragraph 5(a) of the Agreement referred to in section 462(e) of the Compact of Free Association as approved by Public Law 99–239, and article IX, paragraph 5(a) of the agreement referred to in section 462(f) of the Compact of Free Association for Palau as approved by Public Law 99–658, are extended, in accordance with the terms thereof, until
Funding to implement the provisions of this part, and for assistance to the central health care facility and the prison in Palau, and the offices of Public Auditor and Special Prosecutor as proposed in the agreement entitled “Agreement Concerning Special Programs related to the Entry into Force of the Compact of Free Association Between the Government of the United States and the Government of the Republic of Palau” signed on
Public Law 101–62, referred to in subsec. (a), is Pub. L. 101–62,
The Compact of Free Association as approved by Public Law 99–239, referred to in subsec. (b), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
The Compact of Free Association for Palau as approved by Public Law 99–658, referred to in subsec. (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Public Law 99–239, referred to in subsec. (b), is Pub. L. 99–239,
Public Law 99–658, referred to in subsec. (b), is Pub. L. 99–658,
This part, referred to in subsec. (c), was in the original “this title”, meaning title I of Pub. L. 101–219,
Section was formerly set out as a note under section 1681 of this title.
Subject to the provisions of subsection (a) and upon the request of the Government of Palau, the sum of $28 million appropriated by Public Law 99–349 to fulfill the obligations of the United States under section 211(b) of the Compact (approved in Public Law 99–658), adjusted by section 215 of such Compact, shall be provided to Palau upon entry into force of the Compact.
Funding provided in Public Law 101–121 under the “Trust Territory of the Pacific Islands” appropriation account shall remain available until expended.
The Compact, referred to in subsecs. (a) and (b), is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
For
Public Law 99–349, referred to in subsecs. (a)(5) and (b), is Pub. L. 99–349,
Public Law 99–658, referred to in subsec. (b), is Pub. L. 99–658,
Public Law 101–121, referred to in subsec. (c), is Pub. L. 101–121,
Section was formerly set out as a note under section 1681 of this title.
Pub. L. 110–229, title VIII, § 808, “The Government of the Republic of Palau may deposit the payment otherwise payable to the Government of the United States under section 111 of Public Law 101–219 (48 U.S.C. 1960) into a trust fund if—
Any agreement concluded with the Government of Palau pursuant to this joint resolution including the agreement entitled “Agreement Concerning Special Programs related to the Entry into Force of the Compact of Free Association Between the Government of the United States and the Government of the Republic of Palau” signed on
This joint resolution, referred to in text, is Pub. L. 101–219,
The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section was formerly set out as a note under section 1681 of this title.
For the purposes of applying section 1905(c)(2) of this title to Palau, the terms “fiscal year 1987”, “fiscal year 1988”, and “fiscal year 1989” in section 104(c) of Public Law 99–658 shall be deemed to be the first, second, and third fiscal years, respectively, beginning after the effective date of the Compact.
Section 104(c) of Public Law 99–658, referred to in text, is section 104(c) of Pub. L. 99–658, title I,
For
Section was formerly set out as a note under section 1681 of this title.
Notwithstanding any other provision of law, subject to valid existing rights, and subject to subsection (b) of this section, all right, title, and interest of the Government of the United States in personal property situated in the Trust Territory of the Pacific Islands and of the government of the Trust Territory of the Pacific Islands in personal property wherever located shall be transferred, without reimbursement, by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands, to the government of the Northern Mariana Islands, Palau, the Marshall Islands, or the Federated States of Micronesia according to a list of distribution established by the High Commissioner of the Trust Territory of the Pacific Islands in consultation with the recipient government.
Personal property referred to in subsection (a) of this section shall be transferred upon declaration by the High Commissioner of the Trust Territory of the Pacific Islands that such property is surplus to the needs of the government of the Trust Territory of the Pacific Islands, which declaration shall be approved, if applicable, by the head of the agency of the Government of the United States having administrative responsibility for the property.
If no government exists in Palau on
Section was formerly set out as a note under section 1681 of this title.
1982—Subsec. (a). Pub. L. 97–357, substituted “by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands,” for “by
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.
Agreements concluded pursuant to this section shall become effective pursuant to section 1901(f)(5) of this title or section 1931(d)(5) of this title, as may be applicable.
The Controlled Substances Act, referred to in subsec. (a)(1), is title II of Pub. L. 91–513,
Section 953 of title 21, referred to in subsec. (a)(2), was in the original “section 1003 of the Controlled Substances Act”, and was translated as reading “section 1003 of the Controlled Substances Import and Export Act”, meaning section 1003 of title III of Pub. L. 91–513, to reflect the probable intent of Congress.
Section was formerly set out as a note under section 1681 of this title.
The Compact of Free Association Act of 1985, referred to in subsec. (a), is Pub. L. 99–239,
The Compact of Free Association, referred to in subsec. (b), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title.
Section was formerly set out as a note under section 1681 of this title.
This section may be cited as the “Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Act of 2023” or the “CONVENE Act of 2023”.
The Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in paragraph (5).
Each report required by subparagraph (A) may be submitted in unclassified form and may include a classified annex.
The applicable Compact of Free Association, referred to in subsec. (c)(1)(A)(iii), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title, and the Compact of Free Association between the Government of the United States and the Government of Palau, which is contained in section 201 of of Pub. L. 99–658, set out as a note under section 1931 of this title.
Section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (c)(3)(B), is section 1260H of Pub. L. 116–283, which is set out as a note under section 113 of Title 10, Armed Forces.
For definition of “congressional defense committees” as the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 101 of Title 10, Armed Forces, as made applicable by section 3 of Pub. L. 118–31, which is listed in a table under section 101 of Title 10.
For Short Title of title II of Pub. L. 118–42 as the “Compact of Free Association Amendments Act of 2024”, see section 201 of title II of div. G of Pub. L. 118–42, set out as a Short Title of 2024 Amendment note under section 1901 of this title.
The term “1986 Compact” means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia set forth in section 201 of the Compact of Free Association Act of 1985 (48 U.S.C. 1901 note; Public Law 99–239).
The term “2003 Amended U.S.-FSM Compact” means the Compact of Free Association amending the 1986 Compact entitled the “Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Federated States of Micronesia” set forth in section 201(a) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188).
The term “2003 Amended U.S.-RMI Compact” means the Compact of Free Association amending the 1986 Compact entitled “Compact of Free Association, as amended, between the Government of the United States of America and the Government of the Republic of the Marshall Islands” set forth in section 201(b) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921 note; Public Law 108–188).
The term “2023 Agreement to Amend the U.S.-FSM Compact” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia to Amend the Compact of Free Association, as Amended, done at Palikir
The term “2023 Agreement to Amend the U.S.-RMI Compact” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands to Amend the Compact of Free Association, as Amended, done at Honolulu
The term “2023 Amended U.S.-FSM Compact” means the 2003 Amended U.S.-FSM Compact [48 U.S.C. 1921 note], as amended by the 2023 Agreement to Amend the U.S.-FSM Compact.
The term “2023 Amended U.S.-RMI Compact” means the 2003 Amended U.S.-RMI Compact [48 U.S.C. 1921 note], as amended by the 2023 Agreement to Amend the U.S.-RMI Compact.
The term “2023 U.S.-FSM Federal Programs and Services Agreement” means the 2023 Federal Programs and Services Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Washington
The term “2023 U.S.-FSM Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance provided in the 2023 Amended U.S.-FSM Compact between the Government of the United States of America and the Government of the Federated States of Micronesia, done at Palikir
The term “2023 U.S.-FSM Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Federated States of Micronesia Regarding the Compact Trust Fund, done at Palikir
The term “2023 U.S.-Palau Compact Review Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of Palau Resulting From the 2023 Compact of Free Association Section 432 Review, done at Port Moresby
The term “2023 U.S.-RMI Fiscal Procedures Agreement” means the Agreement Concerning Procedures for the Implementation of United States Economic Assistance Provided in the 2023 Amended Compact Between the Government of the United States of America and the Government of the Republic of the Marshall Islands, done at Honolulu
The term “2023 U.S.-RMI Trust Fund Agreement” means the Agreement between the Government of the United States of America and the Government of the Republic of the Marshall Islands Regarding the Compact Trust Fund, done at Honolulu
The term “U.S.-Palau Compact” means the Compact of Free Association between the United States and the Government of Palau set forth in section 201 of Public Law 99–658 (48 U.S.C. 1931 note).
This subchapter, referred to in text, was in the original “this title”, meaning title II of div. G of Pub. L. 118–43,
The 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 U.S.-FSM Trust Fund Agreement, as submitted to Congress on
Notwithstanding section 1921(f) of this title, the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
The 2023 Agreement to Amend the U.S.-RMI Compact and the 2023 U.S.-RMI Trust Fund Agreement, as submitted to Congress on
Congress consents to the 2023 U.S.-RMI Fiscal Procedures Agreement, as submitted to Congress on
Notwithstanding section 1921(f) of this title, the President is authorized to bring into force and implement the agreements described in paragraphs (1) and (2).
The 2023 U.S.-Palau Compact Review Agreement, as submitted to Congress on
The President is authorized to bring into force and implement the 2023 U.S.-Palau Compact Review Agreement.
Any amendment to, change to, or termination of all or any part of the 2023 Amended U.S.-FSM Compact, 2023 Amended U.S.-RMI Compact, or the U.S.-Palau Compact, by mutual agreement or unilateral action of the Government of the United States, shall not enter into force until the date on which Congress has incorporated the applicable amendment, change, or termination into an Act of Congress.
Subparagraphs (A) and (D)(iii) of section 1931(c)(2) of this title and subsection (d)(2)(A) shall not apply to an agreement that would amend, change, or terminate the agreement described in section 462(f) of the U.S.-Palau Compact.
Section is comprised of section 204 of title II of div. G of Pub. L. 118–42. Subsecs. (a)(1) and (b)(1) of section 204 of title II of div. G of Pub. L. 118–42, insofar as they incorporate the 2023 Agreement to Amend the U.S.-FSM Compact and the 2023 Agreement to Amend the U.S.-RMI Compact, are also classified as amendments to sections 201(a) and 201(b), respectively, of Pub. L. 108–188, which are set out as notes under section 1921 of this title.
2024—Subsec. (e). Pub. L. 118–83 designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (4) as subpars. (A) to (D), respectively, of par. (1), redesignated former subpars. (A) and (B) of par. (4) as cls. (i) and (ii), respectively, of par. (1)(D), realigned margins, and added par. (2).
Funds appropriated pursuant to subsection (j) of section 1921d of this title (as amended by section 209(j)) may be used in accordance with section 1921a(a) of this title.
A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
Not later than 90 days after the date of appointment of a United States member of the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement prepared by the Secretary of the Interior attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Joint Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2023 Amended U.S.-FSM Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
Not later than 90 days after the date of appointment of a United States member to the Committee under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-FSM Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
Section 209(j), referred to in subsec. (a)(2), means section 209(j) of title II of div. G of Pub. L. 118–42.
Funds appropriated pursuant to subsection (j) of section 1921d of this title (as amended by section 209(j)) may be used in accordance with section 1921b(a) of this title.
Nothing in the 2023 Agreement to Amend the U.S.-RMI Compact affects the application of the provisions of law reaffirmed by paragraph (1).
A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
Not later than 90 days after the date of appointment of a United States member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the member described in paragraph (4), subject to subparagraph (B).
For purposes of a statement required under subparagraph (A), in the case of a member appointed under paragraph (2)(A), the Secretary of the Interior shall compile information on the member provided to the Secretary of the Interior by the Secretary of State on request of the Secretary of the Interior.
Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
The 3 United States voting members (which are composed of the United States chair and 2 other members from the Government of the United States) to the Trust Fund Committee established pursuant to the agreement described in section 462(b)(5) of the 2003 Amended U.S.-RMI Compact (referred to in this subsection as the “Committee”) shall continue to be officers or employees of the Federal Government.
A United States member of the Committee appointed under paragraph (2) may be reappointed for not more than 2 additional 2-year terms.
Not later than 90 days after the date of appointment of a United States Member under paragraph (2), the Secretary of the Interior shall notify the appropriate committees of Congress that an individual has been appointed as a voting member of the Committee under that paragraph, including a statement attesting to the qualifications of the appointee described in paragraph (4), subject to subparagraph (B).
Not later than 90 days after the date on which the Committee receives or completes any report required under the 2023 Amended U.S.-RMI Compact, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
Notwithstanding any other provision of law, on the request of the Government of the Republic of the Marshall Islands, the President (through an appropriate department or agency of the United States) shall continue to provide special medical care and logistical support for the remaining members of the population of Rongelap and Utrik who were exposed to radiation resulting from the 1954 United States thermonuclear “Bravo” test, pursuant to Public Law 95–134 (91 Stat. 1159) and Public Law 96–205 (94 Stat. 84).
The Secretary of the Interior may provide grants to the Government of the Republic of the Marshall Islands to carry out a planting and agricultural maintenance program on Bikini, Enewetak, Rongelap, and Utrik.
The Secretary of Agriculture may provide, without reimbursement, food programs to the people of the Republic of the Marshall Islands.
Section 209(j), referred to in subsec. (a)(2), means section 209(j) of title II of div. G of Pub. L. 118–42.
Public Law 95–134, referred to in subsecs. (f)(1) and (g), is Pub. L. 95–134,
Public Law 96–205, referred to in subsecs. (f)(1) and (g), is Pub. L. 96–205,
United States participation in the annual economic consultations referred to in Article 8 of the 2023 U.S.-Palau Compact Review Agreement shall be by officers or employees of the Federal Government.
A member of the Economic Advisory Group described in Article 7 of the 2023 U.S.-Palau Compact Review Agreement (referred to in this subsection as the “Advisory Group”) who is appointed by the Secretary of the Interior shall be an individual who, by reason of knowledge, experience, or training, is especially qualified in private sector business development, economic development, or national development.
Not later than 90 days after the date on which the Advisory Group receives or completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
Not later than 90 days after the date on which the Government of the Republic of Palau completes any report required under the 2023 U.S.-Palau Compact Review Agreement, or any related subsidiary agreement, the Secretary of the Interior shall submit the report to the appropriate committees of Congress.
The President, in consultation with the Secretary of State, the Secretary of the Interior, and the Secretary of Defense, shall establish an Interagency Group on Freely Associated States (referred to in this subsection as the “Interagency Group”).
Not later than 1 year after
The head of any Federal agency providing programs and services to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau shall coordinate with the Secretary of the Interior and the Secretary of State regarding the provision of the programs and services.
Not later than 180 days after
Section 1988 of this title, referred to in subsec. (d)(3)(F), was in the original “section 209”, meaning section 209 of title II of div. G of Pub. L. 118–42, which is classified principally to section 1988 of this title. For complete classification of section 209 to the Code, see Codification note set out under section 1988 of this title and Tables.
This title, referred to in subsec. (h)(1), is title II of div. G of Pub. L. 118–42,
The agreements described in clause (i) shall incorporate, to the extent practicable, the applicable laws of the Freely Associated States and define the care and services that can be legally provided by the Secretary of Veterans Affairs in the Freely Associated States.
Not later than 90 days after entering into an agreement described in clause (i), the Secretary of Veterans Affairs shall submit the agreement to the appropriate committees of Congress.
The Secretary of Veterans Affairs may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in the Freely Associated States in connection with furnishing hospital care or medical services or providing medical consultation or medical advice to a veteran under the laws administered by the Secretary, including through a remote or telehealth program.
Except as provided in paragraph (1), the Secretary of Education shall not make a grant under any formula grant program administered by the Department of Education to the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.
The Secretary of Defense shall make available, on a space available and reimbursable basis, the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, who are properly referred to the facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the affected jurisdictions (as defined in section 1921c(e)(2) of this title).
It is the sense of Congress that the Department of Defense may extend the Armed Services Vocational Aptitude Battery (ASVAB) Student Testing Program and the ASVAB Career Exploration Program to selected secondary schools in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the extent such programs are available to Department of Defense dependent secondary schools established under section 2164 of title 10 and located outside the United States.
In addition to amounts provided under section 261(a)(4) of the 2023 Amended U.S.-FSM Compact and the 2023 Amended U.S.-RMI Compact and under subsections (a) and (b) of Article 1 of the 2023 U.S.-Palau Compact Review Agreement, for each of fiscal years 2024 through 2043, the Secretary of the Interior shall use the amounts made available to the Secretary of the Interior under section 1990(c) of this title to train judges and officials of the judiciary in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, in cooperation with the Pacific Islands Committee of the judicial council of the ninth judicial circuit of the United States.
The Secretary of Health and Human Services shall make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau to the same extent, and for the same duration, as services are authorized to be provided to persons residing in any other areas within or outside the United States.
The Republic of Palau shall be eligible for the programs and services made available to the Federated States of Micronesia and the Republic of the Marshall Islands under section 1921g(a) of this title.
The Secretary of the Treasury, in coordination with the Secretary of the Interior and the Secretary of State, shall consult with appropriate officials of the Asian Development Bank and relevant international financial institutions (as defined in section 262r(c) of this title), as appropriate, with respect to overall economic conditions in, and the activities of other providers of assistance to, the Freely Associated States.
In this subsection, the term “appropriate congressional committees” means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
For the amendments made by this subsection, referred to in subsec. (a)(5)(B), see Codification note below.
The Individuals with Disabilities Education Act, referred to in subsec. (b)(1)(A), (B), is title VI of Pub. L. 91–230,
The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(1)(B), (C), is Pub. L. 89–10,
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (b)(1)(B), (C), is Pub. L. 88–210,
The Adult Education and Family Literacy Act, referred to in subsec. (b)(1)(C), is title II of Pub. L. 113–128,
The Higher Education Act of 1965, referred to in subsec. (b)(1)(D) to (F), (7)(B), (C), is Pub. L. 89–329,
The Head Start Act, referred to in subsec. (b)(7)(A), is subchapter B of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
Section is comprised of section 209 of title II of div. G of Pub. L. 118–42. Subsec. (a)(2), (3) of such section 209 amended sections 1724 and 111 of Title 38, Veterans’ Benefits. Subsec. (a)(4)(B) of such section 209 amended section 1730C of Title 38. Subsec. (b)(3), (4) of such section 209 amended sections 1411, 6331, and 7801 of Title 20, Education. Subsecs. (b)(5), (h), and (j) of such section 209 amended section 1921d of this title. Subsec. (b)(6) of such section 209 amended sections 9832 and 9835 of Title 42, The Public Health and Welfare. Subsec. (f) of such section 209 amended sections 1612, 1613, and 1641 of Title 8, Aliens and Nationality. Subsec. (l)(1) of such section 209 amended section 201 of Title 42 and section 1921c of this title.
Appropriations to carry out the obligations, services, and programs described in paragraph (2) shall be made directly to the Federal agencies, departments, and instrumentalities carrying out the obligations, services and programs.
Section 1988 of this title, referred to in subsecs. (a)(2)(E) and (b), was in the original a reference to section “209”, meaning section 209 of title II of div. G of Pub. L. 118–42, which is classified principally to section 1988 of this title. For complete classification of section 209 to the Code, see Codification note set out under section 1988 of this title and Tables.
The amendments made by this title, referred to in subsec. (e), are the amendments made by title II of div. G of Pub. L. 118–42,
The Compact of Free Association Act of 1985, referred to in subsec. (e)(1), is Pub. L. 99–239,
Title I of Public Law 99–658, referred to in subsec. (e)(2), is title I of Pub. L. 99–658,
The Compact of Free Association Amendments Act of 2003, referred to in subsec. (e)(3), is Pub. L. 108–188,
Section 1259C of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (e)(4), is section 1259C of Pub. L. 115–91, which amended section 1921d of this title and enacted provisions set out as a note under section 1931 of this title.
The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2018, referred to in subsec. (e)(5), is div. G of Pub. L. 115–141,
2024—Subsec. (a)(2)(E), (F). Pub. L. 118–83 added subpar. (E) and redesignated former subpar. (E) as (F).
The amounts appropriated to the United States Postal Service under paragraph (1) shall be deposited into the Postal Service Fund established under section 2003 of title 39 to carry out the provisions described in that paragraph.
Any amounts deposited into the Postal Service Fund under subparagraph (A) shall be the fiduciary, fiscal, and audit responsibility of the Postal Service.
There is appropriated to the Secretary of the Interior to carry out section 1988(d) of this title out of any funds in the Treasury not otherwise appropriated, $550,000 for each of fiscal years 2024 through 2043, to remain available until expended.
The total amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands under subsection (a) shall be reduced by amounts made available to the Government of the Federated States of Micronesia and the Government of the Republic of the Marshall Islands, as applicable, under section 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act (Public Law 118–15; 137 Stat. 81) (as amended by section 101 of division B of the Further Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–22; 137 Stat. 114) and section 201 of the Further Additional Continuing Appropriations and Other Extensions Act, 2024 (Public Law 118–35; 138 Stat. 7)).
Section 2101(a) of the Continuing Appropriations Act, 2024 and Other Extensions Act, referred to in subsec. (d), is section 2101(a) of Pub. L. 118–15, div. B, title I,
Section was formerly set out as a note under section 1681 of this title.
Not later than one year after
Section was formerly set out as a note under section 1681 of this title.
For termination, effective
Prior to submitting the reports required under section 2002(b) of this title, the Secretary of the Interior, in consultation with the Secretary of State, shall convene a conference to obtain the views of the noncontiguous Pacific areas on the matters required to be addressed in such reports.
Representatives of each of the noncontiguous Pacific areas; and the heads of all executive departments and agencies, and other public and private organizations concerned with the noncontiguous Pacific areas as requested by the Secretary of the Interior shall be entitled to be participants in the conference.
The Secretary of the Interior shall afford participants in the conference an opportunity to submit written comments for inclusion in the reports required under section 2002 of this title.
Section was formerly set out as a note under section 1681 of this title.
The Secretary of the Interior shall provide all necessary administrative support to accomplish the requirements of sections 2002 and 2003 of this title.
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.
Section was formerly set out as a note under section 1681 of this title.
Except as provided in subsection (b), this chapter shall take effect on
This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 114–187,
Pub. L. 117–82, § 1,
Pub. L. 114–187, § 1(a),
Except as provided in subsection (b), if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby, provided that subchapter III is not severable from subchapters I and II, and subchapters I and II are not severable from subchapter III.
If a court holds invalid any provision of this chapter or the application thereof on the ground that the provision fails to treat similarly situated territories uniformly, then the court shall, in granting a remedy, order that the provision of this chapter or the application thereof be extended to any other similarly situated territory, provided that the legislature of that territory adopts a resolution signed by the territory’s governor requesting the establishment and organization of a Financial Oversight and Management Board pursuant to section 2121 of this title.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The provisions of this chapter shall prevail over any general or specific provisions of territory law, State law, or regulation that is inconsistent with this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The term “agreed accounting standards” means modified accrual accounting standards or, for any period during which the Oversight Board determines in its sole discretion that a territorial government is not reasonably capable of comprehensive reporting that complies with modified accrual accounting standards, such other accounting standards as proposed by the Oversight Board.
The term “Bond” means a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness for borrowed money, including rights, entitlements, or obligations whether such rights, entitlements, or obligations arise from contract, statute, or any other source of law, in any case, related to such a bond, loan, letter of credit, other borrowing title, obligation of insurance, or other financial indebtedness in physical or dematerialized form of which the issuer, obligor, or guarantor is the territorial government.
The term “Budget” means the Territory Budget or an Instrumentality Budget, as applicable.
The term “Puerto Rico” means the Commonwealth of Puerto Rico.
The term “covered territorial instrumentality” means a territorial instrumentality designated by the Oversight Board pursuant to section 2121 of this title to be subject to the requirements of this chapter.
The term “covered territory” means a territory for which an Oversight Board has been established under section 2121 of this title.
The term “Executive Director” means an Executive Director appointed under section 2123(a) of this title.
The term “Fiscal Plan” means a Territory Fiscal Plan or an Instrumentality Fiscal Plan, as applicable.
The term “Government of Puerto Rico” means the Commonwealth of Puerto Rico, including all its territorial instrumentalities.
The term “Governor” means the chief executive of a covered territory.
The term “Instrumentality Budget” means a budget for a covered territorial instrumentality, designated by the Oversight Board in accordance with section 2121 of this title, submitted, approved, and certified in accordance with section 2142 of this title.
The term “Instrumentality Fiscal Plan” means a fiscal plan for a covered territorial instrumentality, designated by the Oversight Board in accordance with section 2121 of this title, submitted, approved, and certified in accordance with section 2141 of this title.
The term “Legislature” means the legislative body responsible for enacting the laws of a covered territory.
The term “modified accrual accounting standards” means recognizing revenues as they become available and measurable and recognizing expenditures when liabilities are incurred, in each case as defined by the Governmental Accounting Standards Board, in accordance with generally accepted accounting principles.
The term “Oversight Board” means a Financial Oversight and Management Board established in accordance with section 2121 of this title.
The term “territorial government” means the government of a covered territory, including all covered territorial instrumentalities.
The term “territorial instrumentality” means any political subdivision, public agency, instrumentality—including any instrumentality that is also a bank—or public corporation of a territory, and this term should be broadly construed to effectuate the purposes of this chapter.
The term “territorial instrumentality” does not include an Oversight Board.
The term “Territory Budget” means a budget for a territorial government submitted, approved, and certified in accordance with section 2142 of this title.
The term “Territory Fiscal Plan” means a fiscal plan for a territorial government submitted, approved, and certified in accordance with section 2141 of this title.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The Law Revision Counsel is directed to place this Act as chapter 20 of title 48.
This Act, referred to in text, is Pub. L. 114–187,
Except as otherwise provided in this chapter, nothing in this chapter shall be construed as impairing or in any manner relieving a territorial government, or any territorial instrumentality thereof, from compliance with Federal laws or requirements or territorial laws and requirements implementing a federally authorized or federally delegated program protecting the health, safety, and environment of persons in such territory.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The purpose of the Oversight Board is to provide a method for a covered territory to achieve fiscal responsibility and access to the capital markets.
A Financial Oversight and Management Board is hereby established for Puerto Rico.
The Congress enacts this chapter pursuant to article IV, section 3 of the Constitution of the United States, which provides Congress the power to dispose of and make all needful rules and regulations for territories.
An Oversight Board, in its sole discretion at such time as the Oversight Board determines to be appropriate, may designate any territorial instrumentality as a covered territorial instrumentality that is subject to the requirements of this chapter.
The Oversight Board may require, in its sole discretion, the Governor to submit to the Oversight Board such budgets and monthly or quarterly reports regarding a covered territorial instrumentality as the Oversight Board determines to be necessary and may designate any covered territorial instrumentality to be included in the Territory Budget; except that the Oversight Board may not designate a covered territorial instrumentality to be included in the Territory Budget if applicable territory law does not require legislative approval of such covered territorial instrumentality’s budget.
The Oversight Board in its sole discretion may or, if it requires a budget from a covered territorial instrumentality whose budget does not require legislative approval under applicable territory law, shall designate a covered territorial instrumentality to be the subject of an Instrumentality Budget separate from the applicable Territory Budget and require that the Governor develop such an Instrumentality Budget.
The Oversight Board may require, in its sole discretion, the Governor to include a covered territorial instrumentality in the applicable Territory Fiscal Plan. Any covered territorial instrumentality submitting a separate Instrumentality Fiscal Plan must also submit a separate Instrumentality Budget.
The Oversight Board may designate, in its sole discretion, a covered territorial instrumentality to be the subject of an Instrumentality Fiscal Plan separate from the applicable Territory Fiscal Plan and require that the Governor develop such an Instrumentality Fiscal Plan. Any covered territorial instrumentality submitting a separate Instrumentality Fiscal Plan shall also submit a separate Instrumentality Budget.
An Oversight Board, in its sole discretion, at such time as the Oversight Board determines to be appropriate, may exclude any territorial instrumentality from the requirements of this chapter.
A territorial instrumentality excluded pursuant to this paragraph shall not be considered to be a covered territorial instrumentality.
The Governor, or the Governor’s designee, shall be an ex officio member of the Oversight Board without voting rights.
The voting members of the Oversight Board shall designate one of the voting members of the Oversight Board as the Chair of the Oversight Board (referred to hereafter in this chapter as the “Chair”) within 30 days of the full appointment of the Oversight Board.
Each appointed member of the Oversight Board shall be appointed for a term of 3 years.
The President may remove any member of the Oversight Board only for cause.
Upon the expiration of a term of office, a member of the Oversight Board may continue to serve until a successor has been appointed.
An individual may serve consecutive terms as an appointed member, provided that such reappointment occurs in compliance with paragraph (6).
A vacancy on the Oversight Board shall be filled in the same manner in which the original member was appointed.
Members of the Oversight Board shall serve without pay, but may receive reimbursement from the Oversight Board for any reasonable and necessary expenses incurred by reason of service on the Oversight Board.
As soon as practicable after the appointment of all members and appointment of the Chair, the Oversight Board shall adopt bylaws, rules, and procedures governing its activities under this chapter, including procedures for hiring experts and consultants. Such bylaws, rules, and procedures shall be public documents, and shall be submitted by the Oversight Board upon adoption to the Governor, the Legislature, the President, and Congress. The Oversight Board may hire professionals as it determines to be necessary to carry out this chapter.
Under the bylaws adopted pursuant to paragraph (1), the Oversight Board may conduct its operations under such procedures as it considers appropriate, except that an affirmative vote of a majority of the members of the Oversight Board’s full appointed membership shall be required in order for the Oversight Board to approve a Fiscal Plan under section 2141 of this title, to approve a Budget under section 2142 of this title, to cause a legislative act not to be enforced under section 2144 of this title, or to approve or disapprove an infrastructure project as a Critical Project under section 2213 of this title.
The Oversight Board may incorporate in its bylaws, rules, and procedures under this subsection such rules and regulations of the territorial government as it considers appropriate to enable it to carry out its activities under this chapter with the greatest degree of independence practicable.
Upon a majority vote of the Oversight Board’s full voting membership, the Oversight Board may conduct its business in an executive session that consists solely of the Oversight Board’s voting members and any professionals the Oversight Board determines necessary and is closed to the public, but only for the business items set forth as part of the vote to convene an executive session.
This chapter, referred to in subsecs. (b)(2), (d)(1)(A), (2)(A), (e)(4), and (h)(1), (3), was in the original “this Act”, meaning Pub. L. 114–187,
The Oversight Board shall have an office in the covered territory and additional offices as it deems necessary. At any time, any department or agency of the United States may provide the Oversight Board use of Federal facilities and equipment on a reimbursable or non-reimbursable basis and subject to such terms and conditions as the head of that department or agency may establish.
The Oversight Board shall have an Executive Director who shall be appointed by the Chair with the consent of the Oversight Board. The Executive Director shall be paid at a rate determined by the Oversight Board.
With the approval of the Chair, the Executive Director may appoint and fix the pay of additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director unless the Oversight Board provides for otherwise. The staff shall include a Revitalization Coordinator appointed pursuant to subchapter V of this chapter. Any such personnel may include private citizens, employees of the Federal Government, or employees of the territorial government, provided, however, that the Executive Director may not fix the pay of employees of the Federal Government or the territorial government.
The Executive Director and staff of the Oversight Board may be appointed and paid without regard to any provision of the laws of the covered territory or the Federal Government governing appointments and salaries. Any provision of the laws of the covered territory governing procurement shall not apply to the Oversight Board.
Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, and in accordance with the Intergovernmental Personnel Act of 1970 (5 U.S.C. 3371–3375), any of the personnel of that department or agency to the Oversight Board to assist it in carrying out its duties under this chapter.
Upon request of the Chair, the head of any department or agency of the covered territory may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Oversight Board to assist it in carrying out its duties under this chapter.
Subchapter V of this chapter, referred to in subsec. (b), was in the original “Title V of this Act”, meaning title V of Pub. L. 114–187,
The Intergovernmental Personnel Act of 1970, referred to in subsec. (d), is Pub. L. 91–648,
This chapter, referred to in subsecs. (d) and (e), was in the original “this Act”, meaning Pub. L. 114–187,
The Oversight Board may, for the purpose of carrying out this chapter, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Oversight Board considers appropriate. The Oversight Board may administer oaths or affirmations to witnesses appearing before it.
Any member or agent of the Oversight Board may, if authorized by the Oversight Board, take any action that the Oversight Board is authorized to take by this section.
Notwithstanding sections 552 (commonly known as the Freedom of Information Act), 552a (commonly known as the Privacy Act of 1974), and 552b (commonly known as the Government in the Sunshine Act) of title 5, the Oversight Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this chapter, with the approval of the head of that department or agency.
Notwithstanding any other provision of law, the Oversight Board shall have the right to secure copies, whether written or electronic, of such records, documents, information, data, or metadata from the territorial government necessary to enable the Oversight Board to carry out its responsibilities under this chapter. At the request of the Oversight Board, the Oversight Board shall be granted direct access to such information systems, records, documents, information, or data as will enable the Oversight Board to carry out its responsibilities under this chapter. The head of the entity of the territorial government responsible shall provide the Oversight Board with such information and assistance (including granting the Oversight Board direct access to automated or other information systems) as the Oversight Board requires under this paragraph.
The Oversight Board may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Oversight Board. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in such account as the Oversight Board may establish and shall be available for disbursement upon order of the Chair, consistent with the Oversight Board’s bylaws, or rules and procedures. All gifts, bequests or devises and the identities of the donors shall be publicly disclosed by the Oversight Board within 30 days of receipt.
The Oversight Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of books, records, correspondence, memoranda, papers, documents, electronic files, metadata, tapes, and materials of any nature relating to any matter under investigation by the Oversight Board. Jurisdiction to compel the attendance of witnesses and the production of such materials shall be governed by the statute setting forth the scope of personal jurisdiction exercised by the covered territory, or in the case of Puerto Rico, 32 L.P.R.A. App. III. R. 4. 7., as amended.
If a person refuses to obey a subpoena issued under paragraph (1), the Oversight Board may apply to the court of first instance of the covered territory. Any failure to obey the order of the court may be punished by the court in accordance with civil contempt laws of the covered territory.
The subpoena of the Oversight Board shall be served in the manner provided by the rules of procedure for the courts of the covered territory, or in the case of Puerto Rico, the Rules of Civil Procedure of Puerto Rico, for subpoenas issued by the court of first instance of the covered territory.
The Executive Director may enter into such contracts as the Executive Director considers appropriate (subject to the approval of the Chair) consistent with the Oversight Board’s bylaws, rules, and regulations to carry out the Oversight Board’s responsibilities under this chapter.
The Oversight Board shall ensure the purposes of this chapter are met, including by ensuring the prompt enforcement of any applicable laws of the covered territory prohibiting public sector employees from participating in a strike or lockout. In the application of this subsection, with respect to Puerto Rico, the term “applicable laws” refers to 3 L.P.R.A. 1451q and 3 L.P.R.A. 1451r, as amended.
Any voluntary agreement that the territorial government or any territorial instrumentality has executed before
Subject to paragraph (3), before taking an action described in paragraph (2) on behalf of a debtor or potential debtor in a case under subchapter III, the Oversight Board must certify the action.
The Oversight Board may certify a plan of adjustment only if it determines, in its sole discretion, that it is consistent with the applicable certified Fiscal Plan.
The Oversight Board may seek judicial enforcement of its authority to carry out its responsibilities under this chapter.
Any officer or employee of the territorial government who prepares, presents, or certifies any information or report for the Oversight Board or any of its agents that is intentionally false or misleading, or, upon learning that any such information is false or misleading, fails to immediately advise the Oversight Board or its agents thereof in writing, shall be subject to prosecution and penalties under any laws of the territory prohibiting the provision of false information to government officials, which in the case of Puerto Rico shall include 33 L.P.R.A. 4889, as amended.
In addition to any other applicable penalty, any officer or employee of the territorial government who knowingly and willfully violates paragraph (1) or takes any such action in violation of any valid order of the Oversight Board or fails or refuses to take any action required by any such order, shall be subject to appropriate administrative discipline, including (when appropriate) suspension from duty without pay or removal from office, by order of the Governor.
In the case of a violation of paragraph (2) by an officer or employee of the territorial government, the Governor shall immediately report to the Oversight Board all pertinent facts together with a statement of the action taken thereon.
The Oversight Board may, in consultation with the Governor, ensure the prompt and efficient payment and administration of taxes through the adoption of electronic reporting, payment and auditing technologies.
Upon the request of the Oversight Board, the Administrator of General Services or other appropriate Federal agencies shall promptly provide to the Oversight Board, on a reimbursable or non-reimbursable basis, the administrative support services necessary for the Oversight Board to carry out its responsibilities under this chapter.
The Oversight Board may investigate the disclosure and selling practices in connection with the purchase of bonds issued by a covered territory for or on behalf of any retail investors including any underrepresentation of risk for such investors and any relationships or conflicts of interest maintained by such broker, dealer, or investment adviser is as provided in applicable laws and regulations.
The Oversight Board shall make public the findings of any investigation referenced in subsection (o).
This chapter, referred to in subsecs. (a), (c), (g), (h), (k), and (n), was in the original “this Act”, meaning Pub. L. 114–187,
The Oversight Board, its members, and its employees shall not be liable for any obligation of or claim against the Oversight Board or its members or employees or the territorial government resulting from actions taken to carry out this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
Except as provided in section 2124(f)(2) of this title (relating to the issuance of an order enforcing a subpoena), and subchapter III (relating to adjustments of debts), any action against the Oversight Board, and any action otherwise arising out of this chapter, in whole or in part, shall be brought in a United States district court for the covered territory or, for any covered territory that does not have a district court, in the United States District Court for the District of Hawaii.
Notwithstanding any other provision of law, any order of a United States district court that is issued pursuant to an action brought under subsection (a) shall be subject to review only pursuant to a notice of appeal to the applicable United States Court of Appeals.
Except with respect to any orders entered to remedy constitutional violations, no order of any court granting declaratory or injunctive relief against the Oversight Board, including relief permitting or requiring the obligation, borrowing, or expenditure of funds, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or (if appeal is taken) during the period before the court has entered its final order disposing of such action.
It shall be the duty of the applicable United States District Court, the applicable United States Court of Appeals, and, as applicable, the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this chapter.
There shall be no jurisdiction in any United States district court to review challenges to the Oversight Board’s certification determinations under this chapter.
This chapter, referred to in subsecs. (a), (d), and (e), was in the original “this Act”, meaning Pub. L. 114–187,
The Oversight Board shall submit a budget for each fiscal year during which the Oversight Board is in operation, to the President, the House of Representatives Committee on Natural Resources and the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature.
Within 30 days after
On the date of establishment of an Oversight Board in accordance with section 2121(b) of this title and on the 5th day of each month thereafter, the Governor of the covered territory shall transfer or cause to be transferred the greater of $2,000,000 or such amount as shall be determined by the Oversight Board pursuant to subsection (a) to a new account established by the territorial government, which shall be available to and subject to the exclusive control of the Oversight Board, without any legislative appropriations of the territorial government.
The initial funding requirements under subparagraph (A) shall terminate upon the territorial government designating a dedicated funding source not subject to subsequent legislative appropriations under paragraph (1).
If the Oversight Board determines in its sole discretion that any funds transferred under this subsection exceed the amounts required for the Oversight Board’s operations as established pursuant to subsection (a), any such excess funds shall be periodically remitted to the territorial government.
In any action brought by, on behalf of, or against the Oversight Board, the Oversight Board shall be represented by such counsel as it may hire or retain so long as the representation complies with the applicable professional rules of conduct governing conflicts of interests.
This chapter, referred to in subsec. (a)(2), was in the original “this Act”, meaning Pub. L. 114–187,
Notwithstanding any ethics provision governing employees of the covered territory, all members and staff of the Oversight Board shall be subject to the Federal conflict of interest requirements described in section 208 of title 18.
Notwithstanding any ethics provision governing employees of the covered territory, all members of the Oversight Board and staff designated by the Oversight Board shall be subject to disclosure of their financial interests, the contents of which shall conform to the same requirements set forth in section 13104 of title 5.
2022—Subsec. (b). Pub. L. 117–286 substituted “section 13104 of title 5.” for “section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.).”
As soon as practicable after all of the members and the Chair have been appointed to the Oversight Board in accordance with section 2121(e) of this title in the fiscal year in which the Oversight Board is established, and in each fiscal year thereafter during which the Oversight Board is in operation, the Oversight Board shall deliver a notice to the Governor providing a schedule for the process of development, submission, approval, and certification of Fiscal Plans. The notice may also set forth a schedule for revisions to any Fiscal Plan that has already been certified, which revisions must be subject to subsequent approval and certification by the Oversight Board. The Oversight Board shall consult with the Governor in establishing a schedule, but the Oversight Board shall retain sole discretion to set or, by delivery of a subsequent notice to the Governor, change the dates of such schedule as it deems appropriate and reasonably feasible.
A Fiscal Plan developed under this section shall cover a period of fiscal years as determined by the Oversight Board in its sole discretion but in any case a period of not less than 5 fiscal years from the fiscal year in which it is certified by the Oversight Board.
The Governor may not submit to the Legislature a Territory Budget under section 2142 of this title for a fiscal year unless the Oversight Board has certified the Territory Fiscal Plan for that fiscal year in accordance with this subsection, unless the Oversight Board in its sole discretion waives this requirement.
The Governor shall submit to the Oversight Board any proposed Fiscal Plan required by the Oversight Board by the time specified in the notice delivered under subsection (a).
If the Governor receives a notice of violation under subsection (c)(3), the Governor shall submit to the Oversight Board a revised proposed Fiscal Plan in accordance with subsection (b) by the time specified in the notice delivered under subsection (a). The Governor may submit as many revised Fiscal Plans to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits.
If the Governor fails to submit to the Oversight Board a Fiscal Plan that the Oversight Board determines in its sole discretion satisfies the requirements set forth in subsection (b) by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop and submit to the Governor and the Legislature a Fiscal Plan that satisfies the requirements set forth in subsection (b).
If the Oversight Board approves a Fiscal Plan under subsection (c)(3), it shall deliver a compliance certification for such Fiscal Plan to the Governor and the Legislature.
If the Oversight Board develops a Fiscal Plan under subsection (d)(2), such Fiscal Plan shall be deemed approved by the Governor, and the Oversight Board shall issue a compliance certification for such Fiscal Plan to the Governor and the Legislature.
Notwithstanding any other provision of this section, if the Governor and the Oversight Board jointly develop a Fiscal Plan for the fiscal year that meets the requirements under this section, and that the Governor and the Oversight Board certify that the fiscal plan 1
Subchapter IV, referred to in subsec. (b)(1)(E), was in the original a reference to title IV, meaning title IV of Pub. L. 114–187,
As soon as practicable after all of the members and the Chair have been appointed to the Oversight Board in the fiscal year in which the Oversight Board is established, and in each fiscal year thereafter during which the Oversight Board is in operation, the Oversight Board shall deliver a notice to the Governor and the Legislature providing a schedule for developing, submitting, approving, and certifying Budgets for a period of fiscal years as determined by the Oversight Board in its sole discretion but in any case a period of not less than one fiscal year following the fiscal year in which the notice is delivered. The notice may also set forth a schedule for revisions to Budgets that have already been certified, which revisions must be subject to subsequent approval and certification by the Oversight Board. The Oversight Board shall consult with the Governor and the Legislature in establishing a schedule, but the Oversight Board shall retain sole discretion to set or, by delivery of a subsequent notice to the Governor and the Legislature, change the dates of such schedule as it deems appropriate and reasonably feasible.
The Oversight Board shall submit to the Governor and Legislature a forecast of revenues for the period covered by the Budgets by the time specified in the notice delivered under subsection (a), for use by the Governor in developing the Budget under subsection (c).
The Governor may correct any violations identified by the Oversight Board and submit a revised proposed Budget to the Oversight Board in accordance with paragraph (1). The Governor may submit as many revised Budgets to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits. If the Governor fails to develop a Budget that the Oversight Board determines is a compliant budget by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop and submit to the Governor, in the case of an Instrumentality Budget, and to the Governor and the Legislature, in the case of a Territory Budget, a revised compliant budget.
The Legislature may correct any violations identified by the Oversight Board and submit a revised Territory Budget to the Oversight Board in accordance with the process established under paragraph (1) and by the time specified in the notice delivered under subsection (a). The Legislature may submit as many revised adopted Territory Budgets to the Oversight Board as the schedule established in the notice delivered under subsection (a) permits. If the Legislature fails to adopt a Territory Budget that the Oversight Board determines is a compliant budget by the time specified in the notice delivered under subsection (a), the Oversight Board shall develop a revised Territory Budget that is a compliant budget and submit it to the Governor and the Legislature.
If the Governor and the Legislature develop and approve a Territory Budget that is a compliant budget by the day before the first day of the fiscal year for which the Territory Budget is being developed and in accordance with the process established under subsections (c) and (d), the Oversight Board shall issue a compliance certification to the Governor and the Legislature for such Territory Budget.
If the Governor develops an Instrumentality Budget that is a compliant budget by the day before the first day of the fiscal year for which the Instrumentality Budget is being developed and in accordance with the process established under subsection (c), the Oversight Board shall issue a compliance certification to the Governor for such Instrumentality Budget.
Notwithstanding any other provision of this section, if, in the case of a Territory Budget, the Governor, the Legislature, and the Oversight Board, or in the case of an Instrumentality Budget, the Governor and the Oversight Board, jointly develop such Budget for the fiscal year that meets the requirements under this section, and that the relevant parties certify that such budget reflects a consensus among them, then such Budget shall serve as the Budget for the territory or territorial instrumentality for that fiscal year.
The Oversight Board shall establish the deadlines by which the territorial government shall meet the requirements of subparagraphs (A) and (B) of paragraph (1).
If the territorial government fails to provide additional information under subsection (b)(1)(A), or fails to correct an inconsistency under subsection (b)(1)(B), prior to the applicable deadline under subsection (b)(2), the Oversight Board shall certify to the President, the House of Representatives Committee on Natural Resources, the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature that the territorial government is inconsistent with the applicable certified Budget, and shall describe the nature and amount of the inconsistency.
If the Oversight Board determines that the territorial government has initiated such measures as the Oversight Board considers sufficient to correct an inconsistency certified under paragraph (1), the Oversight Board shall certify the correction to the President, the House of Representatives Committee on Natural Resources, the Senate Committee on Energy and Natural Resources, the Governor, and the Legislature.
The Oversight Board shall cancel the reductions, hiring freezes, or prohibition on contracts and financial transactions under subsection (d) if the Oversight Board determines that the territorial government or covered territorial instrumentality, as applicable, has initiated appropriate measures to reduce expenditures or increase revenues to ensure that the territorial government or covered territorial instrumentality is in compliance with the applicable certified Budget or, in the case of the fiscal year in which the Oversight Board is established, the budget adopted by the Governor and the Legislature.
Except to the extent that the Oversight Board may provide otherwise in its bylaws, rules, and procedures, not later than 7 business days after a territorial government duly enacts any law during any fiscal year in which the Oversight Board is in operation, the Governor shall submit the law to the Oversight Board.
After sending a notification to the Governor and the Legislature under paragraph (3)(A) or (3)(B) with respect to a law, the Oversight Board may direct the Governor to provide the missing estimate or certification (as the case may be), in accordance with such procedures as the Oversight Board may establish.
If the territorial government fails to comply with a direction given by the Oversight Board under paragraph (4) with respect to a law, the Oversight Board may take such actions as it considers necessary, consistent with this chapter, to ensure that the enactment or enforcement of the law will not adversely affect the territorial government’s compliance with the Fiscal Plan, including preventing the enforcement or application of the law.
At the request of the Legislature, the Oversight Board may conduct a preliminary review of proposed legislation before the Legislature to determine whether the legislation as proposed would be consistent with the applicable Fiscal Plan under this subtitle,1
The Oversight Board shall work with a covered territory’s office of the comptroller or any functionally equivalent entity to promote compliance with the applicable law of any covered territory that requires agencies and instrumentalities of the territorial government to maintain a registry of all contracts executed, including amendments thereto, and to remit a copy to the office of the comptroller for inclusion in a comprehensive database available to the public. With respect to Puerto Rico, the term “applicable law” refers to 2 L.P.R.A. 97, as amended.
The Oversight Board may establish policies to require prior Oversight Board approval of certain contracts, including leases and contracts to a governmental entity or government-owned corporations rather than private enterprises that are proposed to be executed by the territorial government, to ensure such proposed contracts promote market competition and are not inconsistent with the approved Fiscal Plan.
It is the sense of Congress that any policies established by the Oversight Board pursuant to paragraph (2) should be designed to make the government contracting process more effective, to increase the public’s faith in this process, to make appropriate use of the Oversight Board’s time and resources, to make the territorial government a facilitator and not a competitor to private enterprise, and to avoid creating any additional bureaucratic obstacles to efficient contracting.
The provisions of this paragraph shall apply with respect to a rule, regulation, or executive order proposed to be issued by the Governor (or the head of any department or agency of the territorial government) in the same manner as such provisions apply to a contract.
If a contract, rule, regulation, or executive order fails to comply with policies established by the Oversight Board under this subsection, the Oversight Board may take such actions as it considers necessary to ensure that such contract, rule, executive order or regulation will not adversely affect the territorial government’s compliance with the Fiscal Plan, including by preventing the execution or enforcement of the contract, rule, executive order or regulation.
If the Governor submits a request to the Legislature for the reprogramming of any amounts provided in a certified Budget, the Governor shall submit such request to the Oversight Board, which shall analyze whether the proposed reprogramming is significantly inconsistent with the Budget, and submit its analysis to the Legislature as soon as practicable after receiving the request.
The Legislature shall not adopt a reprogramming, and no officer or employee of the territorial government may carry out any reprogramming, until the Oversight Board has provided the Legislature with an analysis that certifies such reprogramming will not be inconsistent with the Fiscal Plan and Budget.
This chapter, referred to in subsecs. (a)(5) and (d), was in the original “this Act”, meaning Pub. L. 114–187,
This subtitle, referred to in subsec. (a)(6), probably should be a reference to “this title”, meaning title II of Pub. L. 114–187,
In the case of any recommendations submitted under subsection (a) that are within the authority of the territorial government to adopt, not later than 90 days after receiving the recommendations, the Governor or the Legislature (whichever has the authority to adopt the recommendation) shall submit a statement to the Oversight Board that provides notice as to whether the territorial government will adopt the recommendations.
If the Governor or the Legislature (whichever is applicable) notifies the Oversight Board under paragraph (1) that the territorial government will not adopt any recommendation submitted under subsection (a) that the territorial government has authority to adopt, the Governor or the Legislature shall include in the statement explanations for the rejection of the recommendations, and the Governor or the Legislature shall submit such statement of explanations to the President and Congress.
The issuance of a restructuring certification under this section requires a vote of no fewer than 5 members of the Oversight Board in the affirmative, which shall satisfy the requirement set forth in section 2162(2) of this title.
For so long as the Oversight Board remains in operation, no territorial government may, without the prior approval of the Oversight Board, issue debt or guarantee, exchange, modify, repurchase, redeem, or enter into similar transactions with respect to its debt.
The Oversight Board, when feasible, shall report on the amount of cash flow available for the payment of debt service on all notes, bonds, debentures, credit agreements, or other instruments for money borrowed whose enforcement is subject to a stay or moratorium hereunder, together with any variance from the amount set forth in the debt sustainability analysis of the Fiscal Plan under section 2141(b)(1)(I) of this title.
This chapter, referred to in subsecs. (a)(1) to (3) and (b)(1), was in the original “this Act”, meaning Pub. L. 114–187,
The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by a covered territory or covered territorial instrumentality.
Any claim to which the United States is determined to be liable under this chapter shall be subject to appropriations.
No Federal funds shall be authorized by this chapter for the payment of any liability of the territory or territorial instrumentality.
This chapter, referred to in subsecs. (b) and (c), was in the original “this Act”, meaning Pub. L. 114–187,
If the Oversight Board determines, in its sole discretion, that a pension system of the territorial government is materially underfunded, the Oversight Board shall conduct an analysis prepared by an independent actuary of such pension system to assist the Oversight Board in evaluating the fiscal and economic impact of the pension cash flows.
In any case, the analysis conducted under subsection (a) shall include information regarding the fair market value and liabilities using an appropriate discount rate as determined by the Oversight Board.
The Oversight Board may intervene in any litigation filed against the territorial government.
If the Oversight Board intervenes in a litigation under subsection (a), the Oversight Board may seek injunctive relief, including a stay of litigation.
This section does not create an independent basis on which injunctive relief, including a stay of litigation, may be granted.
Sections 101 (except as otherwise provided in this section), 102, 104, 105, 106, 107, 108, 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, 503, 504, 506, 507(a)(2), 509, 510, 524(a)(1), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, 561, 562, 902 (except as otherwise provided in this section), 922, 923, 924, 925, 926, 927, 928, 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1122, 1123(a)(1), 1123(a)(2), 1123(a)(3), 1123(a)(4), 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), 1129(a)(10), 1129(b)(1), 1129(b)(2)(A), 1129(b)(2)(B), 1142(b), 1143, 1144, 1145, and 1146(a) of title 11 apply in a case under this subchapter and section 930 of title 11 applies in a case under this subchapter; however, section 930 shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.
A term used in a section of title 11, made applicable in a case under this subchapter by subsection (a), has the meaning given to the term for the purpose of the applicable section, unless the term is otherwise defined in this subchapter.
The term “debtor” means the territory or covered territorial instrumentality concerning which a case under this subchapter has been commenced.
The term “Insured Bond” means a bond subject to a financial guarantee or similar insurance contract, policy and/or surety issued by a monoline insurer.
The term “property of the estate”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means property of the debtor.
The term “State” 1
The term “trustee”, when used in a section of title 11 made applicable in a case under this subchapter by subsection (a), means the Oversight Board, except as provided in section 926 of title 11. The term “trustee” as described in this paragraph does not mean the U.S. Trustee, an official of the United States Trustee Program, which is a component of the United States Department of Justice.
Solely for purposes of this subchapter, a reference to “this title”, “this chapter”, or words of similar import in a section of title 11 made applicable in a case under this subchapter by subsection (a) or to “this title”, “title 11”, “Chapter 9”, “Chapter 11”, “the Code”, or words of similar import in the Federal Rules of Bankruptcy Procedure made applicable in a case under this subchapter shall be deemed to be a reference to this subchapter.
In determining whether claims are “substantially similar” for the purpose of section 1122 of title 11, made applicable in a case under this subchapter by subsection (a), the Oversight Board shall consider whether such claims are secured and whether such claims have priority over other claims.
A section made applicable in a case under this subchapter by subsection (a) that is operative if the business of the debtor is authorized to be operated is operative in a case under this subchapter.
This chapter, referred to in par. (3), was in the original “this Act”, meaning Pub. L. 114–187,
A voluntary case under this subchapter is commenced by the filing with the district court of a petition by the Oversight Board pursuant to the determination under section 2146 of this title.
After any objection to the petition, the court, after notice and a hearing, may dismiss the petition if the petition does not meet the requirements of this subchapter; however, this subsection shall not apply in any case during the first 120 days after the date on which such case is commenced under this subchapter.
The commencement of a case under this subchapter constitutes an order for relief.
The court may not, on account of an appeal from an order for relief, delay any proceeding under this subchapter in the case in which the appeal is being taken, nor shall any court order a stay of such proceeding pending such appeal.
The reversal on appeal of a finding of jurisdiction shall not affect the validity of any debt incurred that is authorized by the court under section 364(c) or 364(d) of title 11.
The Oversight Board, on behalf of debtors under this subchapter, may file petitions or submit or modify plans of adjustment jointly if the debtors are affiliates; provided, however, that nothing in this subchapter shall be construed as authorizing substantive consolidation of the cases of affiliated debtors.
If the Oversight Board, on behalf of a debtor and one or more affiliates, has filed separate cases and the Oversight Board, on behalf of the debtor or one of the affiliates, files a motion to administer the cases jointly, the court may order a joint administration of the cases.
This chapter may not be construed to permit the discharge of obligations arising under Federal police or regulatory laws, including laws relating to the environment, public health or safety, or territorial laws implementing such Federal legal provisions. This includes compliance obligations, requirements under consent decrees or judicial orders, and obligations to pay associated administrative, civil, or other penalties.
Notwithstanding any provision in this subchapter to the contrary, including sections of title 11 incorporated by reference, nothing in this section shall prevent the holder of a claim from voting on or consenting to a proposed modification of such claim under subchapter VI of this chapter.
This chapter, referred to in subsec. (h), was in the original “This Act”, meaning Pub. L. 114–187,
The district court in which a case under this subchapter is commenced or is pending shall have exclusive jurisdiction of all property, wherever located, of the debtor as of the commencement of the case.
The district court in which a case under this subchapter is pending shall have personal jurisdiction over any person or entity.
A party may remove any claim or cause of action in a civil action, other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce the police or regulatory power of the governmental unit, to the district court for the district in which the civil action is pending, if the district court has jurisdiction of the claim or cause of action under this section.
The district court to which the claim or cause of action is removed under paragraph (1) may remand the claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision not to remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291 or 1292 of title 28 or by the Supreme Court of the United States under section 1254 of title 28.
A district court shall transfer any civil proceeding arising under this subchapter, or arising in or related to a case under this subchapter, to the district court in which the case under this subchapter is pending.
Notwithstanding any law to the contrary, the clerk of the court in which a case is pending shall reallocate as many staff and assistants as the clerk deems necessary to ensure that the court has adequate resources to provide for proper case management.
Nothing in this subchapter prevents a district court in the interests of justice from abstaining from hearing a particular proceeding arising in or related to a case under this subchapter.
The Federal Rules of Bankruptcy Procedure shall apply to a case under this subchapter and to all civil proceedings arising in or related to cases under this subchapter.
The Federal Rules of Bankruptcy Procedure, referred to in text, are set out in the Appendix to Title 11, Bankruptcy.
A lease to a territory or territorial instrumentality shall not be treated as an executory contract or unexpired lease for the purposes of section 365 or 502(b)(6) of title 11 solely by reason of the lease being subject to termination in the event the debtor fails to appropriate rent.
Only the Oversight Board, after the issuance of a certificate pursuant to section 2124(j) of this title, may file a plan of adjustment of the debts of the debtor.
If the Oversight Board does not file a plan of adjustment with the petition, the Oversight Board shall file a plan of adjustment at the time set by the court.
The Oversight Board, after the issuance of a certification pursuant to section 2124(j) of this title, may modify the plan at any time before confirmation, but may not modify the plan so that the plan as modified fails to meet the requirements of this subchapter. After the Oversight Board files a modification, the plan as modified becomes the plan.
A special tax payer may object to confirmation of a plan.
The Oversight Board in a case under this subchapter is the representative of the debtor.
The court may, on its own motion or on the motion of the United States Trustee or any other party in interest, award compensation that is less than the amount of compensation that is requested.
The court shall reduce the amount of compensation awarded under this section by the amount of any interim compensation awarded under section 2177 of this title, and, if the amount of such interim compensation exceeds the amount of compensation awarded under this section, may order the return of the excess to the debtor.
Any compensation awarded for the preparation of a fee application shall be based on the level and skill reasonably required to prepare the application.
This chapter, referred to in subsec. (c)(3), was so in the original, but probably should have been a reference to “this title”, meaning title III of Pub. L. 114–187,
A debtor’s attorney, or any professional person employed by the debtor (in the debtor’s sole discretion), the Oversight Board (in the Oversight Board’s sole discretion), a committee under section 1103 of title 11, or a trustee appointed by the court under section 926 of title 11, may apply to the court not more than once every 120 days after an order for relief in a case under this subchapter, or more often if the court permits, for such compensation for services rendered before the date of such an application or reimbursement for expenses incurred before such date as is provided under section 2176 of this title.
The term “List of Material Interested Parties” means the List of Material Interested Parties established under subsection (c)(1).
The term “Oversight Board” has the meaning given the term in section 2104 of this title.
In a case commenced under section 2164 of this title, no attorney, accountant, appraiser, auctioneer, agent, or other professional person may be compensated under section 2176 or 2177 of this title unless prior to making a request for compensation, the professional person has filed with the court a verified statement conforming to the disclosure requirements of rule 2014(a) of the Federal Rules of Bankruptcy Procedure setting forth the connection of the professional person with any entity or person on the List of Material Interested Parties.
A professional person that submits a statement under paragraph (1) shall promptly supplement the statement with any additional relevant information that becomes known to the person.
Subject to any other applicable law, rule, or regulation, a professional person that fails to file or update a statement required under paragraph (1) or files a statement that the court determines does not represent a good faith effort to comply with this section shall disclose such failure in any filing required to conform to the disclosure requirements under rule 2014(a) of the Federal Rules of Bankruptcy Procedure.
The List of Material Interested Parties may not include any person with a claim, the amount of which is below a threshold dollar amount established by the court that is consistent with the purpose of this section.
The United States trustee shall review each verified statement submitted pursuant to subsection (b) and may file with the court comments on such verified statements before the professionals filing such statements seek compensation under section 2176 or 2177 of this title.
The United States trustee may object to applications filed under section 2176 or 2177 of this title that fail to satisfy the requirements of subsection (b).
The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b)(1), (3), are set out in the Appendix to Title 11, Bankruptcy.
This section, referred to in subsec. (c)(3), was in the original “this Act”, meaning Pub. L. 117–82,
Section was enacted as part of the Puerto Rico Recovery Accuracy in Disclosures Act of 2021, also known as PRRADA, and not as part of the Puerto Rico Oversight, Management, and Economic Stability Act, also known as PROMESA, which comprises this chapter.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, referred to in par. (3), is contained in section 1 of Pub. L. 94–241, set out as a note under section 1801 of this title.
Nothing in this chapter shall be interpreted to restrict Puerto Rico’s right to determine its future political status, including by conducting the plebiscite as authorized by Public Law 113–76.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
Public Law 113–76, referred to in text, is Pub. L. 113–76,
Not later than two years after
Forty-five days after a request under subsection (e)(2) for relief from the stay of any act against property of the Government of Puerto Rico under subsection (b), such stay is terminated with respect to the party in interest making such request, unless the court, after notice and a hearing, orders such stay continued in effect pending the conclusion of, or as a result of, a final hearing and determination under subsection (e)(2). A hearing under this subsection may be a preliminary hearing, or may be consolidated with the final hearing under subsection (e)(2). The court shall order such stay continued in effect pending the conclusion of the final hearing under subsection (e)(2) if there is a reasonable likelihood that the party opposing relief from such stay will prevail at the conclusion of such final hearing. If the hearing under this subsection is a preliminary hearing, then such final hearing shall be concluded not later than thirty days after the conclusion of such preliminary hearing, unless the thirty-day period is extended with the consent of the parties in interest or for a specific time which the court finds is required by compelling circumstances.
Upon request of a party in interest, the court, with or without a hearing, shall grant such relief from the stay provided under subsection (b) as is necessary to prevent irreparable damage to the interest of an entity in property, if such interest will suffer such damage before there is an opportunity for notice and a hearing under subsection (e) or (f).
Any order, judgment, or decree entered in violation of this section and any act taken in violation of this section is void, and shall have no force or effect, and any person found to violate this section may be liable for damages, costs, and attorneys’ fees incurred in defending any action taken in violation of this section, and the Oversight Board or the Government of Puerto Rico may seek an order from the court enforcing the provisions of this section.
This section does not discharge an obligation of the Government of Puerto Rico or release, invalidate, or impair any security interest or lien securing such obligation. This section does not impair or affect the implementation of any restructuring support agreement executed by the Government of Puerto Rico to be implemented pursuant to Puerto Rico law specifically enacted for that purpose prior to the enactment of this chapter or the obligation of the Government of Puerto Rico to proceed in good faith as set forth in any such agreement.
Nothing in this section shall be construed to prohibit the Government of Puerto Rico from making any payment on any Liability when such payment becomes due during the term of the stay, and to the extent the Oversight Board, in its sole discretion, determines it is feasible, the Government of Puerto Rico shall make interest payments on outstanding indebtedness when such payments become due during the length of the stay.
Notwithstanding any provision in this section to the contrary, nothing in this section shall prevent the holder of a Liability Claim from voting on or consenting to a proposed modification of such Liability Claim under subchapter VI of this chapter.
The enactment of this chapter, referred to in text, means the enactment of Pub. L. 114–187, which was approved
This chapter, referred to in subsec. (m)(5), was in the original “this Act”, meaning Pub. L. 114–187,
While an Oversight Board for Puerto Rico is in existence, if any property of any territorial instrumentality of Puerto Rico is transferred in violation of applicable law under which any creditor has a valid pledge of, security interest in, or lien on such property, or which deprives any such territorial instrumentality of property in violation of applicable law assuring the transfer of such property to such territorial instrumentality for the benefit of its creditors, then the transferee shall be liable for the value of such property.
A creditor may enforce rights under this section by bringing an action in the United States District Court for the District of Puerto Rico after the expiration or lifting of the stay of section 2194 of this title, unless a stay under subchapter III is in effect.
There is established within the legislative branch a Congressional Task Force on Economic Growth in Puerto Rico (hereinafter referred to as the “Task Force”).
All appointments to the Task Force shall be made not later than 15 days after
The Speaker shall designate one Member to serve as chair of the Task Force.
Any vacancy in the Task Force shall be filled in the same manner as the original appointment.
To the greatest extent practicable, the report issued under subsection (f) 1
The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. If the Task Force holds hearings, at least one such hearing must be held in Puerto Rico.
In carrying out its duties, the Task Force shall consult with the Puerto Rico Legislative Assembly, the Puerto Rico Department of Economic Development and Commerce, and the private sector of Puerto Rico.
The Task Force shall carry out its duties by utilizing existing facilities, services, and staff of the House of Representatives and Senate, except that no additional funds are authorized to be appropriated to carry out this section.
The Task Force shall terminate upon issuing the report required under subsection (f) 1.
The government of each territory shall make available to the Comptroller General of the United States all materials necessary to carry out this section.
Not later than 270 days after
Section 632(p)(5) of title 15, referred to in subsec. (b)(1), was redesignated as section 657a(b)(5) of Title 15, Commerce and Trade, by Pub. L. 115–91, div. A, title XVII, § 1701(a)(2),
Section is comprised of section 412 of Pub. L. 114–187. Subsec. (a)(1) of section 412 of Pub. L. 114–187 amended section 632 of Title 15, Commerce and Trade. Subsec. (a)(2) of section 412 of Pub. L. 114–187 enacted provisions set out as a note under section 632 of Title 15.
This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 114–187,
The term “Act 76” means Puerto Rico Act 76–2000 (3 L.P.R.A. 1931 et seq.), approved on
The term “Critical Project” means a project identified under the provisions of this subchapter and intimately related to addressing an emergency whose approval, consideration, permitting, and implementation shall be expedited and streamlined according to the statutory process provided by Act 76, or otherwise adopted pursuant to this subchapter.
The term “Energy Commission of Puerto Rico” means the Puerto Rico Energy Commission as established by Subtitle B of Puerto Rico Act 57–2014.
The term “Energy Projects” means those projects addressing the generation, distribution, or transmission of energy.
The term “emergency” means any event or grave problem of deterioration in the physical infrastructure for the rendering of essential services to the people, or that endangers the life, public health, or safety of the population or of a sensitive ecosystem, or as otherwise defined by section 1 of Act 76 (3 L.P.R.A. 1931). This shall include problems in the physical infrastructure for energy, water, sewer, solid waste, highways or roads, ports, telecommunications, and other similar infrastructure.
The term “Environmental Quality Board” means the Puerto Rico Environmental Quality Board, a board within the executive branch of the Government of Puerto Rico as established by section 7 of Puerto Rico Act 416–2004 (12 L.P.R.A. 8002a).
The term “Expedited Permitting Process” means a Puerto Rico Agency’s alternate procedures, conditions, and terms mirroring those established under Act 76 (3 L.P.R.A. 1932) and pursuant to this subchapter shall not apply to any Federal law, statute, or requirement.
The term “Governor” means the Governor of Puerto Rico.
The term “Interagency Environmental Subcommittee” means the Interagency Subcommittee on Expedited Environmental Regulations as further described by section 2214 of this title.
The term “Legislature” means the Legislature of Puerto Rico.
The term “Planning Board” means the Puerto Rico Planning Board, a board within the executive branch of the Government of Puerto Rico established by Puerto Rico Act 75–1975 (23 L.P.R.A. 62 et seq.).
The term “Project Sponsor” means a Puerto Rico Agency or private party proposing the development of an existing, ongoing, or new infrastructure project or Energy Project.
The terms “Puerto Rico Agency” or “Puerto Rico Agencies” means any board, body, board of examiners, public corporation, commission, independent office, division, administration, bureau, department, authority, official, person, entity, municipality, or any instrumentality of Puerto Rico, or an administrative body authorized by law to perform duties of regulating, investigating, or that may issue a decision, or with the power to issue licenses, certificates, permits, concessions, accreditations, privileges, franchises, except the Senate and the House of Representatives of the Legislature and the judicial branch.
The term “Puerto Rico Electric Power Authority” means the Puerto Rico Electric Power Authority established by Puerto Rico Act 83–1941.
There is established, under the Oversight Board, the position of the Revitalization Coordinator.
The Revitalization Coordinator shall be compensated at an annual rate determined by the Oversight Board sufficient in the judgment of the Oversight Board to obtain the services of a person with the skills and experience required to discharge the duties of the position, but such compensation shall not exceed the annual salary of the Executive Director.
The Executive Director of the Oversight Board may assign Oversight Board personnel to assist the Revitalization Coordinator.
The Revitalization Coordinator may be removed for any reason, in the Oversight Board’s discretion.
Upon the termination of the Oversight Board pursuant to section 2149 of this title, the position of the Revitalization Coordinator shall terminate.
Within 20 days of receiving a project submission under paragraph (1), the Revitalization Coordinator shall, in consultation with the Governor, identify all Puerto Rico Agencies that will have a role in the permitting, approval, authorizing, or other activity related to the development of such project submission.
Not later than 20 days after receiving a project submission, each Puerto Rico Agency identified in paragraph (1) shall submit to the Revitalization Coordinator the Agency’s Expedited Permitting Process.
If a Puerto Rico Agency fails to provide an Expedited Permitting Process within 20 days of receiving a project submission, the Revitalization Coordinator shall consult with the Governor to develop within 20 days an Expedited Permitting Process for the Agency.
The Revitalization Coordinator shall require Puerto Rico Agencies to implement the Expedited Permitting Process for Critical Projects. Critical Projects shall be prioritized to the maximum extent possible in each Puerto Rico Agency regardless of any agreements transferring or delegating permitting authority to any other Territorial Instrumentality or municipality.
Immediately following the completion of the Critical Project Report, the Revitalization Coordinator shall make such Critical Project Report public and allow a period of 30 days for the submission of comments by residents of Puerto Rico specifically on matters relating to the designation of a project as a Critical Project. The Revitalization Coordinator shall respond to the comments within 30 days of closing the coming 2
Not later than 5 days after the Revitalization Coordinator has responded to the comments under paragraph (2), the Revitalization Coordinator shall submit the Critical Project Report to the Oversight Board.
Section 505(d) of this title, referred to in subsec. (a)(1)(F)(vii), is section 505(d) of title V of Pub. L. 114–187,
Not later than 60 days after the date on which the Revitalization Coordinator is appointed, the Interagency Environmental Subcommittee shall be established and shall evaluate environmental documents required under Puerto Rico law for any Critical Project within the Expedited Permitting Process established by the Revitalization Coordinator under section 2213(a)(3) of this title.
The Interagency Environmental Subcommittee shall consist of the Revitalization Coordinator, and a representative selected by the Governor in consultation with the Revitalization Coordinator representing each of the following agencies: The Environmental Quality Board, the Planning Board, the Puerto Rico Department of Natural and Environmental Resources, and any other Puerto Rico Agency determined to be relevant by the Revitalization Coordinator.
With respect to a Puerto Rico Agency’s activities related only to a Critical Project, such Puerto Rico Agency shall operate as if the Governor has declared an emergency pursuant to section 2 of Act 76 (3 L.P.R.A. 1932). Section 12 of Act 76 (3 L.P.R.A. 1942) shall not be applicable to Critical Projects. Furthermore, any transactions, processes, projects, works, or programs essential to the completion of a Critical Project shall continue to be processed and completed under such Expedited Permitting Process regardless of the termination of the Oversight Board under section 2149 of this title.
A Critical Project Sponsor may in writing notify the Oversight Board of the failure of a Puerto Rico Agency or the Revitalization Coordinator to adhere to the Expedited Permitting Process.
If the Oversight Board finds either the Puerto Rico Agency or Revitalization Coordinator has failed to adhere to the Expedited Permitting Process, the Oversight Board shall direct the offending party to comply with the Expedited Permitting Process. The Oversight Board may take such enforcement action as necessary as provided by section 2124(l) of this title.
Pursuant to section 2144(a) of this title, the Governor shall submit to the Oversight Board any law duly enacted during any fiscal year in which the Oversight Board is in operation that may affect the Expedited Permitting Process.
Upon receipt of a law under paragraph (1), the Oversight Board shall promptly review whether the law would adversely impact the Expedited Permitting Process and, upon such a finding, the Oversight Board may deem such law to be significantly inconsistent with the applicable Fiscal Plan.
No Puerto Rico Agency may include in any certificate, right-of-way, permit, lease, or other authorization issued for a Critical Project any term or condition that may be permitted, but is not required, by any applicable Puerto Rico law, if the Revitalization Coordinator determines the term or condition would prevent or impair the expeditious construction, operation, or expansion of the Critical Project. The Revitalization Coordinator may request a Puerto Rico Agency to include in any certificate, right-of-way, permit, lease, or other authorization, a term or condition that may be permitted in accordance with applicable laws if the Revitalization Coordinator determines such inclusion would support the expeditious construction, operation, or expansion of any Critical Project.
All Critical Project reports, and justifications for approval or rejection of Critical Project status, shall be made publicly available online within 5 days of receipt or completion.
At the request of the Revitalization Coordinator and within 30 days of receiving such a request, each Federal agency with jurisdiction over the permitting, or administrative or environmental review of private or public projects in Puerto Rico, shall name a Point of Contact who will serve as that agency’s liaison with the Revitalization Coordinator.
For each Critical Project with a pending or potential Federal grant, loan, or loan guarantee application, the Revitalization Coordinator and the relevant Point of Contact shall cooperate with each other to ensure expeditious review of such application.
All reviews conducted and actions taken by any Federal agency relating to a Critical Project shall be expedited in a manner consistent with completion of the necessary reviews and approvals by the deadlines under the Expedited Permitting Process, but in no way shall the deadlines established through the Expedited Permitting Process be binding on any Federal agency.
Section is comprised of section 505 of Pub. L. 114–187. Subsec. (d) of section 505 of Pub. L. 114–187 amended section 1492a of this title.
A claim arising under this subchapter must be brought no later than 30 days after the date of the decision or action giving rise to the claim.
The District Court for the District of Puerto Rico shall set any action brought under this subchapter for expedited consideration, taking into account the interest of enhancing Puerto Rico’s infrastructure for electricity, water and sewer services, roads and bridges, ports, and solid waste management to achieve compliance with local and Federal environmental laws, regulations, and policies while ensuring the continuity of adequate services to the people of Puerto Rico and Puerto Rico’s sustainable economic development.
Nothing in this subchapter is intended to change or alter any Federal legal requirements or laws.
The term “Administrative Supervisor” means the Oversight Board established under section 2121 of this title.
The term “Authorized Territorial Instrumentality” means a covered territorial instrumentality authorized in accordance with subsection (e).
The term “Calculation Agent” means a calculation agent appointed in accordance with subsection (k).
The term “Capital Appreciation Bond” means a Bond that does not pay interest on a current basis, but for which interest amounts are added to principal over time as specified in the relevant offering materials for such Bond, including that the accreted interest amount added to principal increases daily.
The term “Convertible Capital Appreciation Bond” means a Bond that does not pay interest on a current basis, but for which interest amounts are added to principal over time as specified in the relevant offering materials and which converts to a current pay bond on a future date.
The term “Information Agent” means an information agent appointed in accordance with subsection (l).
The term “Insured Bond” means a bond subject to a financial guarantee or similar insurance contract, policy or surety issued by a monoline insurer.
The term “Issuer” means, as applicable, the Territory Government Issuer or an Authorized Territorial Instrumentality that has issued or guaranteed at least one Bond that is Outstanding.
The term “Modification” means any modification, amendment, supplement or waiver affecting one or more series of Bonds, including those effected by way of exchange, repurchase, conversion, or substitution.
The term “Outstanding,” in the context of the principal amount of Bonds, shall be determined in accordance with subsection (b).
The term “Pool” means a pool established in accordance with subsection (d).
The term “Qualifying Modification” means a Modification proposed in accordance with subsection (g).
The term “Secured Pool” means a Pool established in accordance with subsection (d) consisting only of Bonds that are secured by a lien on property, provided that the inclusion of a Bond Claim in such Pool shall not in any way limit or prejudice the right of the Issuer, the Administrative Supervisor, or any creditor to recharacterize or challenge such Bond Claim, or any purported lien securing such Bond Claim, in any other manner in any subsequent proceeding in the event a proposed Qualifying Modification is not consummated.
The term “Territory Government Issuer” means the Government of Puerto Rico or such covered territory for which an Oversight Board has been established pursuant to section 2121 of this title.
Prior to any vote on, or consent solicitation for, a Qualifying Modification, the Issuer shall deliver to the Calculation Agent a certificate signed by an authorized representative of the Issuer specifying any Bonds that are deemed not to be Outstanding for the purpose of subsection (b) above.
A covered territorial instrumentality is an Authorized Territorial Instrumentality if it has been specifically authorized to be eligible to avail itself of the procedures under this section by the Administrative Supervisor.
For each Issuer, a Modification may be proposed to the Administrative Supervisor by the Issuer or by one or more holders of the right to vote the Issuer’s Outstanding Bonds. To the extent a Modification proposed by one or more holders of the right to vote Outstanding Bonds otherwise complies with the requirements of this subchapter, the Administrative Supervisor may accept such Modification on behalf of the Issuer, in which case the Administrative Supervisor will instruct the Issuer to provide the information required in subsection (f).
For each Issuer, any Qualifying Modification may be made with the affirmative vote of the holders of the right to vote at least two-thirds of the Outstanding Principal amount of the Outstanding Bonds in each Pool that have voted to approve or reject the Qualifying Modification, provided that holders of the right to vote not less than a majority of the aggregate Outstanding Principal amount of all the Outstanding Bonds in each Pool have voted to approve the Qualifying Modification. The holder of the right to vote the Outstanding Bonds that are Insured Bonds shall be the monoline insurer insuring such Insured Bond to the extent such insurer is granted the right to vote Insured Bonds for purposes of directing remedies or consenting to proposed amendments or modifications as provided in the applicable documents pursuant to which such Insured Bond was issued and insured.
For the purpose of calculating the principal amount of the Bonds of any series eligible to participate in such a vote or consent solicitation and tabulating such votes or consents, the Territory Government Issuer may appoint a Calculation Agent for each Pool reasonably acceptable to the Administrative Supervisor.
For the purpose of administering a vote of holders of Bonds, including the holders of the right to vote such Bonds, or seeking the consent of holder 1
In any judicial proceeding regarding this subchapter, Federal, State, or territorial laws of the United States, as applicable, shall govern and be applied without regard or reference to any law of any international or foreign jurisdiction.
It is the sense of the Congress that any durable solution for Puerto Rico’s fiscal and economic crisis should include permanent, pro-growth fiscal reforms that feature, among other elements, a free flow of capital between possessions of the United States and the rest of the United States.