TITLE 48—TERRITORIES AND INSULAR POSSESSIONS

Chap.
Sec.
1.
Bureau of Insular Affairs [Omitted or Repealed]
1
2.
Alaska
21
3.
Hawaii
491
4.
Puerto Rico
731
5.
Philippine Islands [Omitted, Repealed, or Transferred]
1001
6.
Canal Zone [Omitted, Repealed, or Transferred]
1301
7.
Virgin Islands
1391
8.
Guano Islands
1411
8A.
Guam
1421
9.
Samoa, Tutuila, Manua, Swains Island, and Trust Territory of the Pacific Islands [Transferred]
1431
10.
Territorial Provisions of a General Nature
1451
11.
Alien Owners of Land
1501
12.
Virgin Islands
1541
13.
Eastern Samoa
1661
14.
Trust Territory of the Pacific Islands
1681
15.
Conveyance of Submerged Lands to Territories
1701
16.
Delegates to Congress
1711
17.
Northern Mariana Islands
1801
18.
Micronesia, Marshall Islands, and Palau
1901
19.
Pacific Policy Reports
2001

        

CHAPTER 1—BUREAU OF INSULAR AFFAIRS

§1. Omitted

Codification

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. May 29, 1934, the Division of Territories and Island Possessions was established in the Department of the Interior, and the functions of the Bureau pertaining to the administration of the Government of Puerto Rico, together with the personnel, equipment and funds, were transferred thereto.

By Reorg. Plan No. II of 1939, §4(d), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees. The Bureau of Insular Affairs of the War Department and its functions were transferred to the Department of the Interior and consolidated with the Division of Territories and Island Possessions, to be administered under the direction and supervision of the Secretary of the Interior. The office of the Chief of the Bureau and offices subordinate thereto provided for in section 14 of act June 4, 1920, ch. 227, 41 Stat. 769, were abolished and all their functions transferred to, and were to be exercised by, the Director of the Division of Territories and Island Possessions.

§2. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

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.

§3. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 640

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.

§§4, 5. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

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.

CHAPTER 2—ALASKA

Sec.
21 to 50d–1. Omitted or Repealed.
50e.
Appropriations for benefit of natives; purchase of supplies for resale to natives, cooperatives, and Department employees.
50f.
Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service facilities.
50g to 488f. Omitted, Repealed, or Transferred.

        

Admission as State

Alaska was admitted into the Union on January 3, 1959, on issuance of Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, set out below, as required by sections 1 and 8(c) of the Alaska Statehood Law, Pub. L. 85–508, July 7, 1958, 72 Stat. 339, set out below.

Alaska Statehood

Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended, provided:

“[Sec. 1. Declaration; acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8(c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, ‘An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the constitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date’, approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

Sec. 2. [Territory.] The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska.

Sec. 3. [Constitution.] The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

Sec. 4. [Compact with United States; disclaimer of right and title to lands or other property; taxation.] As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation. (As amended Pub. L. 86–70, §2(a), June 25, 1959, 73 Stat. 141.)

Sec. 5. [Title to property.] The State of Alaska and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands.

Sec. 6. [Selection from public lands; fish and wildlife resources; public school support; mineral leases, permits, leases, or contracts; mineral land grants; schools and colleges; confirmation of grants; internal improvements; submerged lands.] (a) For the purposes of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within thirty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied: Provided further, That for the purposes of this section the term ‘public lands of the United States in Alaska which are vacant, unappropriated, and unreserved’ shall include, without limiting the use thereof, the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals or any specified mineral or minerals.

“(b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within thirty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: And provided further, That no selection hereunder shall be made in the area north and west of the line described in section 10 without approval of the President or his designated representative.

“(c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use.

“(d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska.

“(e) All real and personal property of the United States situated in the Territory of Alaska which is specifically used for the sole purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U.S.C., secs 192–211), as amended, and under the provisions of the Alaska commercial fisheries, laws of June 26, 1906 (34 Stat. 478; 48 U.S.C., secs. 230–239 and 241–242), and June 6, 1924 (43 Stat. 465; 48 U.S.C., secs. 221–228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: Provided, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until 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 said resources in the broad national interest: Provided, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned as of the date the State of Alaska shall be deemed to be admitted into the Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., sec. 669g–1), and for fish restoration and management in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U.S.C., sec. 777k), shall continue to be available for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea otter skins made in accordance with the provisions of the Fur Seal Act of 1966 [16 U.S.C. 1151 et seq.]. In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Fur Seal Act of 1966, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands, and the payments made to any municipal corporation established pursuant to section 206 of the Fur Seal Act of 1966 [16 U.S.C. 1166] and to the civil service retirement and disability fund pursuant to section 208 of the Fur Seal Act of 1966 [16 U.S.C. 1168]. In administering the Pribilof Islands fund established by section 407 of the Fur Seal Act of 1966 [16 U.S.C. 1187], the Secretary shall consult with the State of Alaska annually. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Fur Seal Act of 1966 and the Northern Pacific Halibut Act of 1937 (16 U.S.C. 772–772i).

“(f) Five per centum of the proceeds of sale of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State.

“(g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection or, in the case of selections under subsec. (a) of this section, one hundred and sixty acres. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 (58 Stat. 748; 43 U.S.C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Secretary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words ‘equitable claims subject to allowance and confirmation’ include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. As to all selections made by the State after January 1, 1979, pursuant to section 6(b) of this Act, the Secretary of the Interior, in his discretion, may waive the minimum tract selection size where he determines that such a reduced selection size would be in the national interest and would result in a better land ownership pattern.

“(h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 181 and the following), as amended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U.S.C.1 432 and the following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless an application to select such lands is filed with the Secretary of the Interior within a period of ten years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act. When all of the lands subject to a lease, permit, license, or contract are selected, the patent for the lands so selected shall vest in the State of Alaska all the right, title, and interest of the United States in and to that lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all the rentals, royalties, and other payments accruing after that date under that lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of that lease, permit, license, or contract: Provided, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder. Where only a portion of the lands subject to a lease, permit, license, or contract are selected, there shall be reserved to the United States the mineral or minerals subject to that lease, permit, license, or contract, together with such further rights as may be necessary to the full and complete enjoyment of all rights, privileges, and benefits under or with respect to that lease, permit, license, or contract; upon the termination of the lease, permit, license, or contract, title to the minerals so reserved to the United States shall pass to the State of Alaska.

“(i) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: Provided, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska.

“(j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.

“(k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C., sec. 191), as amended, are repealed and all lands therein reserved under the provisions of section 1 as of the date of this Act [July 7, 1958] shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal.

“(l) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U.S.C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U.S.C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C., secs. 301–308), which grants are hereby declared not to extend to the State of Alaska.

“(m) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) shall be applicable to the State of Alaska and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86–70, §2(b), June 25, 1959, 73 Stat. 141; Pub. L. 86–173, Aug. 18, 1959, 73 Stat. 395; Pub. L. 86–786, §§3, 4, Sept. 14, 1960, 74 Stat. 1025; Pub. L. 88–135, Oct. 8, 1963, 77 Stat. 223; Pub. L. 88–289, Mar. 25, 1964, 78 Stat. 169; Pub. L. 89–702, title IV, §408(b), Nov. 2, 1966, 80 Stat. 1098; Pub. L. 96–487, title IX, §906(a), (f)(3), Dec. 2, 1980, 94 Stat. 2437, 2440.)

Sec. 7. [Certification by President; proclamation for elections.] Upon enactment of this Act, it shall be the duty of the President of the United States, not later than July 3, 1958, to certify such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress.

Sec. 8. [Election of officers; date; propositions; certification of voting results; proclamation by President; laws in effect.] (a) The proclamation of the Governor of Alaska required by section 7 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Alaska: Provided, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Alaska for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States.

“(b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions:

“ ‘(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 April 24, 1956, shall be deemed amended accordingly. In the event any one of the foregoing propositions is not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall thereupon cease to be effective.

“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.

“(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Alaska, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 7 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Alaska shall be deemed admitted into the Union as provided in section 1 of this Act.

“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.

“(d) Upon admission of the State of Alaska into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term ‘Territorial laws’ includes (in addition to laws enacted by the Territorial Legislature of Alaska) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Alaska prior to the admission of the State of Alaska into the Union, and the term ‘laws of the United States’ includes all laws or parts thereof enacted by the Congress that (1) apply to or within Alaska at the time of the admission of the State of Alaska into the Union, (2) are not ‘Territorial laws’ as defined in this paragraph, and (3) are not in conflict with any other provisions of this Act.

Sec. 9. [House of Representatives membership.] The State of Alaska upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter.

Sec. 10. [National defense withdrawals; jurisdiction.] (a) The President of the United States is hereby authorized to establish, by Executive order or proclamation, one or more special national defense withdrawals within the exterior boundaries of Alaska, which withdrawal or withdrawals may thereafter be terminated in whole or in part by the President.

“(b) Special national defense withdrawals established under subsection (a) of this section shall be confined to those portions of Alaska that are situated to the north or west of the following line: Beginning at the point where the Porcupine River crosses the international boundary between Alaska and Canada; thence along a line parallel to, and five miles from, the right bank of the main channel of the Porcupine River to its confluence with the Yukon River; thence along a line parallel to, and five miles from, the right bank of the main channel of the Yukon River to its most southerly point of intersection with the meridian of longitude 160 degrees west of Greenwich; thence south to the intersection of said meridian with the Kuskokwim River; thence along a line parallel to, and five miles from the right bank of the Kuskokwim River to the mouth of said river; thence along the shoreline of Kuskokwim Bay to its intersection with the meridian of longitude 162 degrees 30 minutes west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 57 degrees 30 minutes north; thence east to the intersection of said parallel with the meridian of longitude 156 degrees west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 50 degrees north.

“(c) Effective upon the issuance of such Executive order or proclamation, exclusive jurisdiction over all special national defense withdrawals established under this section is hereby reserved to the United States, which shall have sole legislative, judicial, and executive power within such withdrawals, except as provided hereinafter. The exclusive jurisdiction so established shall extend to all lands within the exterior boundaries of each such withdrawal, and shall remain in effect with respect to any particular tract or parcel of land only so long as such tract or parcel remains within the exterior boundaries of such a withdrawal. The laws of the State of Alaska shall not apply to areas within any special national defense withdrawal established under this section while such areas remain subject to the exclusive jurisdiction hereby authorized: Provided, however, That such exclusive jurisdiction shall not prevent the execution of any process, civil or criminal, of the State of Alaska, upon any person found within said withdrawals: And provided further, That such exclusive jurisdiction shall not prohibit the State of Alaska from enacting and enforcing all laws necessary to establish voting districts, and the qualification and procedures for voting in all elections.

“(d) During the continuance in effect of any special national defense withdrawal established under this section, or until the Congress otherwise provides, such exclusive jurisdiction shall be exercised within each such withdrawal in accordance with the following provisions of law:

“(1) All laws enacted by the Congress that are of general application to areas under the exclusive jurisdiction of the United States, including, but without limiting the generality of the foregoing, those provisions of title 18, United States Code, that are applicable within the special maritime and territorial jurisdiction of the United States as defined in section 7 of said title, shall apply to all areas within such withdrawals.

“(2) In addition, any areas within the withdrawals that are reserved by Act of Congress or by Executive action for a particular military or civilian use of the United States shall be subject to all laws enacted by the Congress that have application to lands withdrawn for that particular use, and any other areas within the withdrawals shall be subject to all laws enacted by the Congress that are of general application to lands withdrawn for defense purposes of the United States.

“(3) To the extent consistent with the laws described in paragraphs (1) and (2) of this subsection and with regulations made or other actions taken under their authority, all laws in force within such withdrawals immediately prior to the creation thereof by Executive order or proclamation shall apply within the withdrawals and, for this purpose, are adopted as laws of the United States: Provided, however, That the laws of the State or Territory relating to the organization or powers of municipalities or local political subdivisions, and the laws or ordinances of such municipalities or political subdivisions shall not be adopted as laws of the United States.

“(4) All functions vested in the United States magistrate judges by the laws described in this subsection shall continue to be performed within the withdrawals by such magistrate judges.

“(5) All functions vested in any municipal corporation, school district, or other local political subdivision by the laws described in this subsection shall continue to be performed within the withdrawals by such corporation, district, or other subdivision, and the laws of the State or the laws or ordinances of such municipalities or local political subdivision shall remain in full force and effect notwithstanding any withdrawal made under this section.

“(6) All other functions vested in the government of Alaska or in any officer or agency thereof, except judicial functions over which the United States District Court for the District of Alaska is given jurisdiction by this Act or other provisions of law, shall be performed within the withdrawals by such civilian individuals or civilian agencies and in such manner as the President shall from time to time, by Executive order, direct or authorize.

“(7) The United States District Court for the District of Alaska shall have original jurisdiction, without regard to the sum or value of any matter in controversy, over all civil actions arising within such withdrawals under the laws made applicable thereto by this subsection, as well as over all offenses committed within the withdrawals.

“(e) Nothing contained in subsection (d) of this section shall be construed as limiting the exclusive jurisdiction established in the United States by subsection (c) of this section or the authority of the Congress to implement such exclusive jurisdiction by appropriate legislation, or as denying to persons now or hereafter residing within any portion of the areas described in subsection (b) of this section the right to vote at all elections held within the political subdivisions as prescribed by the State of Alaska where they respectively reside, or as limiting the jurisdiction conferred on the United States District Court for the District of Alaska by any other provision of law, or as continuing in effect laws relating to the Legislature of the Territory of Alaska. Nothing contained in this section shall be construed as limiting any authority otherwise vested in the Congress or the President. (As amended Pub. L. 90–578, title IV, §402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat. 5117.)

Sec. 11. [Denali National Park; military and naval lands; civil and criminal jurisdiction.] (a) Nothing in this Act shall affect the establishment, or the right, ownership, and authority of the United States in Denali National Park, as now or hereafter constituted; but exclusive jurisdiction, in all cases, shall be exercised by the United States for the national park, as now or hereafter constituted; saving, however, to the State of Alaska the right to serve civil or criminal process within the limits of the aforesaid park in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in said State, but outside of said park; and saving further to the said State the right to tax persons and corporations, their franchises and property on the lands included in said park; and saving also to the persons residing now or hereafter in such area the right to vote at all elections held within the respective political subdivisions of their residence in which the park is situated.

“(b) Notwithstanding the admission of the State of Alaska into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are owned by the United States and held for military, naval, Air Force, or Coast Guard purposes, including naval petroleum reserve numbered 4, whether such lands were acquired by cession and transfer to the United States by Russia and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Alaska for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Alaska shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Alaska, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall rest and remain in the United States only so long as the particular tract or parcel of land involved is owned by the United States and used for military, naval, Air Force, or Coast Guard purposes. The provisions of this subsection shall not apply to lands within such special national defense withdrawal or withdrawals as may be established pursuant to section 10 of this Act until such lands cease to be subject to the exclusive jurisdiction reserved to the United States by that section. (As amended Pub. L. 96–487, title II, §202(3)(a), Dec. 2, 1980, 94 Stat. 2382.)

Sec. 12. [Judicial and criminal provisions; amendment.] Effective upon the admission of Alaska into the Union—

“(a) The analysis of chapter 5 of title 28, United States Code, immediately preceding section 81 of such title, is amended by inserting immediately after and underneath item 81 of such analysis, a new item to be designated as item 81A and to read as follows:

“ ‘81A. Alaska’;

“(b) Title 28, United States Code, is amended by inserting immediately after section 81 thereof a new section, to be designated as section 81A, and to read as follows:

“ ‘§81A. Alaska

“ ‘Alaska constitutes one judicial district.

“ ‘Court shall be held at Anchorage, Fairbanks, Juneau, and Nome.’;

“(c) Section 133 of title 28, United States Code, is amended by inserting in the table of districts and judges in such section immediately above the item: ‘Arizona * * * 2’, a new item as follows: ‘Alaska * * * 1’;

“(d) The first paragraph of section 373 of title 28, United States Code, as heretofore amended, is further amended by striking out the words: ‘the District Court for the Territory of Alaska,’: Provided, That the amendment made by this subsection shall not affect the rights of any judge who may have retired before it takes effect;

“(e) The words ‘the District Court for the Territory of Alaska,’ are stricken out wherever they appear in sections 333, 460, 610, 753, 1252, 1291, 1292, and 1346 of title 28, United States Code;

“(f) The first paragraph of section 1252 of title 28, United States Code, is further amended by striking out the word ‘Alaska,’ from the clause relating to courts of record;

“(g) Subsection (2) of section 1294 of title 28, United States Code, is repealed and the later subsections of such section are renumbered accordingly;

“(h) Subsection (a) of section 2410 of title 28, United States Code, is amended by striking out the words: ‘including the District Court for the Territory of Alaska,’;

“(i) Section 3241 of title 18, United States Code, is amended by striking out the words: ‘District Court for the Territory of Alaska, the’;

“(j) Subsection (e) of section 3401 of title 18, United States Code, is amended by striking out the words: ‘for Alaska or’;

“(k) Section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: ‘the Territory of Alaska,’;

“(l) Section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: ‘the Territory of Alaska,’;

“(m) Section 2072 of title 28, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words: ‘and of the District Court for the Territory of Alaska’;

“(n) Subsection (q) of section 376 of title 28, United States Code, is amended by striking out the words: ‘the District Court for the Territory of Alaska,’: Provided, That the amendment made by this subsection shall not affect the rights under such section 376 of any present or former judge of the District Court for the Territory of Alaska or his survivors;

“(o) The last paragraph of section 1963 of title 28, United States Code, is repealed;

“(p) Section 2201 of title 28, United States Code, is amended by striking out the words: ‘and the District Court for the Territory of Alaska’; and

“(q) Section 4 of the Act of July 28, 1950 (64 Stat. 380; 5 U.S.C., sec. 341b) is amended by striking out the word: ‘Alaska,’.

Sec. 13. [Continuation of suits.] No writ, action, indictment, cause, or proceeding pending in the District Court for the Territory of Alaska on the date when said Territory shall become a State, and no case pending in an appellate court upon appeal from the District Court for the Territory of Alaska at the time said Territory shall become a State, shall abate by the admission of the State of Alaska into the Union, but the same shall be transferred and proceeded with as hereinafter provided.

“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.

Sec. 14. [Appeals.] All appeals taken from the District Court for the Territory of Alaska to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit, previous to the admission of Alaska as a State, shall be prosecuted to final determination as though this Act had not been passed. All cases in which final judgment has been rendered in such district court, and in which appeals might be had except for the admission of such State, may still be sued out, taken, and prosecuted to the Supreme Court of the United States or the United States Court of Appeals for the Ninth Circuit under the provisions of then existing law, and there held and determined in like manner; and in either case, the Supreme Court of the United States, or the United States Court of Appeals, in the event of reversal, shall remand the said cause to either the State supreme court or other final appellate court of said State, or the United States district court for said district, as the case may require: Provided, That the time allowed by existing law for appeals from the district court for said Territory shall not be enlarged thereby.

Sec. 15. [Transfer of cases.] All causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State which are of such nature as to be within the jurisdiction of a district court of the United States shall be transferred to the United States District Court for the District of Alaska for final disposition and enforcement in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts. All other causes pending or determined in the District Court for the Territory of Alaska at the time of the admission of Alaska as a State shall be transferred to the appropriate State court of Alaska. All final judgments and decrees rendered upon such transferred cases in the United States District Court for the District of Alaska may be reviewed by the Supreme Court of the United States or by the United States Court of Appeals for the Ninth Circuit in the same manner as is now provided by law with reference to the judgments and decrees in existing United States district courts.

Sec. 16. [Succession of courts.] Jurisdiction of all cases pending or determined in the District Court for the Territory of Alaska not transferred to the United States District Court for the District of Alaska shall devolve upon and be exercised by the courts of original jurisdiction created by said State, which shall be deemed to be the successor of the District Court for the Territory of Alaska with respect to cases not so transferred and, as such, shall take and retain custody of all records, dockets, journals, and files of such court pertaining to such cases. The files and papers in all cases so transferred to the United States district court, together with a transcript of all book entries to complete the record in such particular cases so transferred, shall be in like manner transferred to said district court.

Sec. 17. [Pending cases in the District Court for the Territory of Alaska.] All cases pending in the District Court for the Territory of Alaska at the time said Territory becomes a State not transferred to the United States District Court for the District of Alaska shall be proceeded with and determined by the courts created by said State with the right to prosecute appeals to the appellate courts created by said State, and also with the same right to prosecute appeals or writs of certiorari from the final determination in said causes made by the court of last resort created by such State to the Supreme Court of the United States, as now provided by law for appeals and writs of certiorari from the court of last resort of a State to the Supreme Court of the United States.

Sec. 18. [Jurisdiction of District Court; termination date.] The provisions of the preceding sections with respect to the termination of the jurisdiction of the District Court for the Territory of Alaska, the continuation of suits, the succession of courts, and the satisfaction of rights of litigants in suits before such courts, shall not be effective until three years after the effective date of this Act, unless the President, by Executive order, shall sooner proclaim that the United States District Court for the District of Alaska, established in accordance with the provisions of this Act, is prepared to assume the functions imposed upon it. During such period of three years or until such Executive order is issued, the United States District Court for the Territory of Alaska shall continue to function as heretofore. The tenure of the judges, the United States attorneys, marshals, and other officers of the United States District Court for the Territory of Alaska shall terminate at such time as that court shall cease to function as provided in this section.

Sec. 19. [Federal Reserve Act; amendment.] The first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) is amended by striking out the last sentence thereof and inserting in lieu of such sentence the following: ‘When the State of Alaska is hereafter admitted to the Union the Federal Reserve districts shall be readjusted by the Board of Governors of the Federal Reserve System in such manner as to include such State. Every national bank in any State shall, upon commencing business or within ninety days after admission into the Union of the State in which it is located, become a member bank of the Federal Reserve System by subscribing and paying for stock in the Federal Reserve bank of its district in accordance with the provisions of this Act and shall thereupon be an insured bank under the Federal Deposit Insurance Act, and failure to do so shall subject such bank to the penalty provided by the sixth paragraph of this section.’

Sec. 20. [Reservation of coal lands; repeal.] Section 2 of the Act of October 20, 1914 (38 Stat. 742, 48 U.S.C., sec. 433), is hereby repealed.

Sec. 21. [United States Nationality.] Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, nor restore nationality heretofore lost under any law of the United States or under any treaty to which the United States may have been a party.

Sec. 22. [Immigration and Nationality Act; amendment.] Section 101(a)(36) of the Immigration and Nationality Act (66 Stat. 170, 8 U.S.C., sec. 1101(a)(36)) is amended by deleting the word ‘Alaska,’.

Sec. 23. [Immigration and Nationality Act; amendment.] The first sentence of section 212(d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C., sec. 1182(d)(7)) is amended by deleting the word ‘Alaska,’.

Sec. 24. [Persons born in Alaska on or after March 30, 1867.] Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 304 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C., sec. 1404).

Sec. 25. [Immigration and Nationality Act; amendment.] The first sentence of section 310(a) of the Immigration and Nationality Act (66 Stat. 239, 8 U.S.C., sec. 1421(a)) is amended by deleting the words ‘District Courts of the United States for the Territories of Hawaii and Alaska’ and substituting therefor the words ‘District Court of the United States for the Territory of Hawaii’.

Sec. 26. [Immigration and Nationality Act; amendment.] Section 344(d) of the Immigration and Nationality Act (66 Stat. 265, 8 U.S.C., sec. 1455(d)) is amended by deleting the words ‘in Alaska and’.

Sec. 27. [Transportation by water.] (a) The third proviso in section 27 of the Merchant Marine Act, 1920, as amended (46 U.S.C., sec. 883), is further amended by striking out the word ‘excluding’ and inserting in lieu thereof the word ‘including’.

“(b) Nothing contained in this or any other Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Alaska and other ports in the United States, its Territories or possessions, or as conferring upon the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

Sec. 28. [Mines and mining.] (a) The last sentence of section 9 of the Act entitled ‘An Act to provide for the leasing of coal lands in the Territory of Alaska, and for other purposes’, approved October 20, 1914 (48 U.S.C. 439), is hereby amended to read as follows: ‘All net profits from operation of Government mines, and all bonuses, royalties, and rentals under leases as herein provided and all other payments received under this Act shall be distributed as follows as soon as practicable after December 31 and June 30 of each year: (1) 90 per centum thereof shall be paid by the Secretary of the Treasury to the State of Alaska for disposition by the legislature thereof; and (2) 10 per centum shall be deposited in the Treasury of the United States to the credit of miscellaneous receipts.’

“(b) Section 35 of the Act entitled ‘An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain’, approved February 25, 1920, as amended (30 U.S.C. 191), is hereby amended by inserting immediately before the colon preceding the first proviso thereof the following: ‘, and of those from Alaska 521/2 per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof’.

Sec. 29. [Separability clause.] If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby.

Sec. 30. [Repeal of inconsistent laws.] All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed.”

Alaska Omnibus Act

Pub. L. 86–70, June 25, 1959, 73 Stat. 141, as amended, provided:

“[Sec. 1. Short Title.] That this Act may be cited as the ‘Alaska Omnibus Act’.

Sec. 2 [Federal jurisdiction.] (a) Section 4 of the Act of July 7, 1958 (72 Stat. 339) [set out as a note above], providing for the admission of the State of Alaska into the Union, is amended by striking out the words ‘all such lands or other property, belonging to the United States or which may belong to said natives’, and inserting in lieu thereof the words ‘all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives’.

“(b) Section 6(e) of said Act is amended by striking out the word ‘legislative’ and inserting in lieu thereof the word ‘calendar’.

Sec. 3. [Termination of application of certain Federal laws.] Any Territorial law, as that term is defined in section 8(d) of the Act of July 7, 1958 (72 Stat. 339, 344) [set out as a note above], providing for the admission of the State of Alaska into the Union—

“(a) which provides for the regulation of commerce within Alaska by an agency of the United States, and

“(b) the application of which to the State of Alaska is continued solely by reason of such section 8(d), shall cease to apply to the State of Alaska on June 30, 1961, or on the effective date of any law enacted by the Legislature of the State of Alaska which modifies or changes such Territorial law, whichever occurs first.

Sec. 4. [Sugar Act; amendment.] Section 101 of the Sugar Act of 1948, as amended (7 U.S.C., supp. V, sec. 1101), is further amended by adding thereto a new subsection, to be designated subsection ‘(o)’ and to read as follows:

“ ‘(o) The term “continental United States” means the 49 States and the District of Columbia.’

Sec. 5. [Soil Bank Act; amendment.] Section 113 of the Soil Bank Act (7 U.S.C., supp. V, sec. 1837), is amended to read as follows: ‘This subtitle B shall apply to the continental United States, except Alaska, and, if the Secretary determines it to be in the national interest, to the State of Alaska, the Territory of Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands, and as used in this subtitle B, the term “State” includes Hawaii, Puerto Rico, and the Virgin Islands.’

Sec. 6. [Armed Forces; amendment.] (a) Title 10, United States Code, section 101(2), is amended by striking out the words ‘Alaska, Hawaii,’ and inserting in lieu thereof the word ‘Hawaii’.

“(b) Title 10, United States Code, sections 802(11) and 802(12), are each amended by striking out the words ‘that part of Alaska east of longitude 172 degrees west,’.

“(c) Title 10, United States Code, section 2662(c), is amended by striking out the word ‘Alaska,’.

Sec. 7. [National Bank Act; amendment.] Section 5192 of the Revised Statutes, as amended (12 U.S.C. 144), is further amended by striking out the words ‘in Alaska or’.

Sec. 8. [Federal Reserve Act; amendment.] (a) Section 1 of the Federal Reserve Act, as amended (12 U.S.C. 221), is further amended by deleting the period at the end of such section and inserting in lieu thereof the following: ‘; the term “the continental United States” means the States of the United States and the District of Columbia.’

“(b) Section 19 of the Federal Reserve Act, as amended (12 U.S.C. 466), is further amended by striking the words ‘in Alaska or’.

Sec. 9. [Home Loan Bank Board.] (a) Paragraph (3) of section 2 of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1422(3)), is further amended by striking out the words ‘Territories of Alaska and Hawaii’ and inserting in lieu thereof the words ‘Territory of Hawaii’.

“(b) Section 7 of the Home Owners’ Loan Act of 1933, as amended (12 U.S.C. 1466), is further amended by striking out the words ‘continental United States, to the Territories of Alaska and Hawaii’ and inserting in lieu thereof the words ‘continental United States (including Alaska), to the Territory of Hawaii’.

Sec. 10. [National Housing Act; amendment.] The National Housing Act is amended by—

“(a) striking out the word ‘Alaska,’ in sections 9, 201(d), 207(a)(7), 601(d), 713(q), and 801(g) (12 U.S.C., secs. 1706d, 1707(d), 1713(a)(7), 1736(d), 1747l(q); supp. V, sec. 1748(g));

“(b) striking out the words ‘the Territory of Alaska,’ in section 207(c)(2) (12 U.S.C., supp. V, sec. 1713(c)(2)), and inserting the word ‘Alaska’ in lieu thereof;

“(c) by striking out the words ‘the Territory of Alaska or in Guam’ in section 214 (12 U.S.C., supp. V, sec. 1715d; 48 U.S.C., supp. V, sec. 484d), and inserting the words ‘Alaska, Guam,’ in lieu thereof; and

“(d) striking out the words ‘Territory’ in the two places where it appears in section 806 (12 U.S.C., supp. V, sec. 1748e), and inserting the word ‘State’ in lieu thereof.

Sec. 11. [Coast Guard; amendment.] Title 14, United States Code, section 634(b), is amended by striking out the words ‘and for the territory of’ in both places where they appear therein.

Sec. 12. [Securities and Exchange Commission.] (a) Paragraph (6) of section 2 of the Securities Act of 1933, as amended (15 U.S.C. 77b(6)), is further amended by striking out the word ‘Alaska,’.

“(b) Paragraph (16) of section 3(a) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78c(a)(16)), is further amended by striking out the word ‘Alaska,’.

“(c) Paragraph (18) of section 202(a) of the Investment Advisers Act of 1940, as amended (15 U.S.C. 80b–2(a)(18)), is further amended by striking out the word ‘Alaska,’.

“(d) Paragraph (37) of section 2(a) of the Investment Company Act of 1940, as amended (15 U.S.C. 80a–2(a)(37)), is further amended by striking out the word ‘Alaska,’.

“(e) Paragraph (1) of section 6(a) of the Investment Company Act of 1940, as amended (15 U.S.C. 80a–6(a)(1)), is further amended by striking out the word ‘Alaska,’.

Sec. 13. [Soil Conservation.] (a) Section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C., supp. V, sec. 590h(b)), is further amended by inserting, immediately following the words ‘continental United States’, the words ‘, except in Alaska’.

“(b) Section 17(a) of the Soil Conservation and Domestic Allotment Act, as amended (16 U.S.C. 590q(a)), is further amended by striking out the words ‘the United States, the Territories of Alaska and Hawaii’ and inserting in lieu thereof the words ‘the States, the Territory of Hawaii’, and by striking out the word ‘Alaska’ the second time it appears therein.

Sec. 14. [Bald Eagles.] Section 1 of the Act of June 8, 1940 (16 U.S.C. 668), is amended by striking out the words ‘except the Territory of Alaska,’.

Sec. 15. [Wildlife restoration.] Section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., supp. V, sec. 669g–1), is further amended by striking out the words ‘the Alaska Game Commission,’, ‘said Territory of Alaska’,’ ‘not exceeding $75,000 for Alaska, and’, and ‘the Territory of Alaska,’.

Sec. 16. [Fish restoration.] Section 12 of the Act of August 9, 1950, as amended (16 U.S.C., supp. V, sec. 777k), is further amended by striking out the words ‘the Alaska Game Commission,’, ‘said Territory of Alaska,’, ‘not exceeding $75,000 for Alaska, and’, and ‘the Territory of Alaska,’.

Sec. 17. [Criminal Code; amendments.] (a) Title 18, United States Code, section 5024, is amended by striking out the words ‘other than Alaska’ and inserting in lieu thereof the words ‘including Alaska’.

“(b) Section 6 of the Act of August 25, 1958 (72 Stat. 845, 847), is amended by striking out the words ‘other than Alaska’ and inserting in lieu thereof the words ‘including Alaska’.

“(c) Subsections (a) and (b) of this section shall be effective on July 7, 1961, or on the date of the Executive order referred to in section 18 of the Act of July 7, 1958 (72 Stat. 339, 350), providing for the admission of the State of Alaska into the Union, whichever occurs first.

“(d) Title 18, United States Code, section 1385, is amended by deleting the last sentence thereof.

Sec. 18. [Education.] (a)(1) Subsection (a) of section 103 of the National Defense Education Act of 1958 (72 Stat. 1580, 1582), relating to definition of State, is amended by striking out ‘Alaska,’ each time it appears.

“(2) Paragraph (3)(B) of section 302(a) of such Act (72 Stat. 1580, 1588), relating to definition of continental United States for purposes of allotments for science, mathematics and modern foreign language instruction equipment, is amended by striking out ‘does not include Alaska’ and inserting in lieu thereof ‘includes Alaska’.

“(3) Section 1008 of such Act (72 Stat. 1580, 1605), relating to allotments to territories, is amended by striking out ‘Alaska,’.

“(b)(1) Section 4 of the Act of February 23, 1917 (20 U.S.C. 14), relating to allotments for teacher-training, is amended by striking out ‘$90,000’ and inserting in lieu thereof ‘$98,500’. The proviso in the last paragraph of section 5 of such Act (20 U.S.C. 16) and so much of section 12 of such Act (20 U.S.C. 22) as follows the last semicolon shall not be applicable to Alaska prior to the third fiscal year which begins after the enactment of this Act.

“(2) Paragraph (1) of section 2 of the Vocational Education Act of 1946 (20 U.S.C. 15i), relating to definition of States and Territories, is amended by striking out ‘the Territories of Alaska and Hawaii’ and inserting in lieu thereof ‘the Territory of Hawaii’.

“(3) Subsection (e) of section 210 (20 U.S.C., supp. V, sec. 15jj(e)), and subsection (a) of section 307 of such Act (72 Stat. 1580, 1600), relating to definition of State, are each amended by striking out ‘Alaska,’.

“(c) Paragraph (13) of section 15 of the Act of September 23, 1950, as amended (72 Stat. 548, 558), relating to definition of State, is amended by striking out ‘Alaska,’.

“(d)(1) The material in the parentheses in the first sentence of subsection (d) of section 3 of the Act of September 30, 1950, as amended, relating to determination of local contribution rate, is amended to read: ‘(other than a local educational agency in Hawaii, Puerto Rico, Wake Island, Guam, or the Virgin Islands, or in a State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency)’.

“(2) The fourth sentence of such subsection is amended by inserting ‘(including Alaska)’ after ‘continental United States’ the first time it appears in such sentence. The fifth sentence of such subsection is amended by inserting ‘(including Alaska)’ after ‘continental United States’ the second time it appears in such sentence.

“(3) The last sentence of such subsection is amended by striking out ‘Alaska,’ and by inserting after ‘the Virgin Islands,’ the following: ‘or in any State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency,’.

“(4) Paragraph (8) of section 9 of such Act (20 U.S.C., supp. V, sec. 244(8)), relating to definition of State, is amended by striking out ‘Alaska,’.

Sec. 19. [Importation of milk and cream.] Subsection (b) of section 9 of the Act of February 15, 1927 (21 U.S.C. 149(b)), is amended by inserting the words, ‘, including Alaska’ immediately following the words ‘continental United States’.

Sec. 20. [Opium Poppy Control.] Section 12 of the Opium Poppy Control Act of 1942 (21 U.S.C. 188k) is amended by deleting therefrom the words ‘the Territory of Alaska,’.

Sec. 21. [Highways.] (a) The Secretary of Transportation shall transfer to the State of Alaska by appropriate conveyance without compensation, but upon such terms and conditions as he may deem desirable, all lands or interests in lands, including buildings and fixtures, all personal property, including machinery, office equipment, and supplies, and all records pertaining to roads in Alaska, which are owned, held, administered by, or used by the Secretary in connection with the activities of the Bureau of Public Roads in Alaska, (i) except such lands or interests in lands, including buildings and fixtures, personal property, including machinery, office equipment, and supplies, and records as the Secretary may determine are needed for the operations, activities, and functions of the Bureau of Public Roads in Alaska after such transfer, including services or functions performed pursuant to section 44 of this Act; and (ii) except such lands or interests in lands as he or the head of any other Federal agency may determine are needed for continued retention in Federal ownership for purposes other than or in addition to road purposes.

“(b) Notwithstanding any other provision of this section, any contract entered into by the Federal Government in connection with the activities of the Bureau of Public Roads in Alaska which has not been completed on the date of the transfer provided under subsection (a) hereof may be completed according to the terms thereof.

“(c)(1) The State of Alaska shall be responsible for the maintenance of roads, including bridges, tunnels, and ferries, transferred to it under subsection (a) of this section, as long as any such road is needed for highway purposes.

“(2) Federal-aid funds apportioned to Alaska under title 23, United States Code, for fiscal year 1960 and prior fiscal years, and unobligated on the date of enactment of this Act, may be used for maintenance of highways on the Federal-aid systems in Alaska.

“(d) Effective July 1, 1959, the following provisions of law are repealed:

“(1) Title 23, United States Code, section 103(f);

“(2) Title 23, United States Code, section 116(d);

“(3) Title 23, United States Code, section 119;

“(4) Title 23, United States Code, section 120(h), except that the portion of the first sentence thereof relating to the percentage of funds to be contributed by Alaska shall continue to apply to funds apportioned to Alaska for fiscal year 1960 and prior fiscal years;

“(5) Sections 107(b) and (d) of the Federal-Aid Highway Act of 1956 (70 Stat. 374, 377, 378);

“(6) Section 2 of the Act of January 27, 1905 (33 Stat. 616), as amended (48 U.S.C. 322 and the following); and

“(7) The Act of June 30, 1932 (47 Stat. 446), as amended (48 U.S.C. 321(a) and the following).

“(e) Effective on July 1, 1959, the following provisions of law are amended:

“(1) The definition of the term ‘State’ in title 23, United States Code, section 101(a), is amended to read as follows:

“ ‘The term “State” means any one of the forty-nine States, the District of Columbia, Hawaii, or Puerto Rico.’;

“(2) Title 23, United States Code, section 104(b), is amended by deleting the phrase ‘, except that only one-third of the area of Alaska shall be included’ where it appears in paragraphs (1) and (2) of said section 104(b);

“(3) Title 23, United States Code, section 116(a), is amended by deleting the phrase ‘Except as provided in subsection (d) of this section,’ and by capitalizing the word ‘it’ immediately following such phrase; and

“(4) Title 23, United States Code, section 120(a), is amended by deleting the phrase ‘subsection (d) and (h)’ and by inserting in lieu thereof the phrase ‘subsection (d)’.

“(f) Notwithstanding the limitation contained in subsection (f) of section 120 of Title 23, United States Code, the Secretary of Transportation is authorized to make expenditures from the emergency fund under section 125 of such title for the repair or reconstruction of highways on the Federal-aid highway systems of Alaska which have been damaged or destroyed by the 1964 earthquake and subsequent seismic waves, in accordance with the Federal share payable under subsection (a) of section 120 of such title. The increase in expenditures resulting from the difference between the Federal share authorized by this subsection and that authorized by subsection (f) of section 120 of such title shall be reimbursed to the emergency fund by an appropriation from the general fund of the Treasury: Provided, That such increase in expenditures shall not exceed $15,000,000 in the aggregate. (As amended Pub. L. 88–451, §3, Aug. 19, 1964, 78 Stat. 505; Pub. L. 97–449, §2(a), Jan. 12, 1983, 96 Stat. 2439.)

Sec. 22. [Internal Revenue.] (a) Section 2202 of the Internal Revenue Code of 1986 (relating to missionaries in foreign service), and sections 3121(e)(1), 3306(j), 4221(d)(4), and 4233(b) of such Code (each relating to a special definition of ‘State’) are amended by striking out ‘Alaska,’.

“(b) Section 4262(c)(1) of the Internal Revenue Code of 1986 (definition of ‘continental United States’) is amended to read as follows:

“ ‘(1) Continental United States.—The term “continental United States” means the District of Columbia and the States other than Alaska.’

“(c) Section 4502(5) of the Internal Revenue Code of 1986 (relating to definition of ‘United States’) is amended by striking out ‘the Territories of Hawaii and Alaska’ and by inserting in lieu thereof ‘the Territory of Hawaii’.

“(d) Section 4774 of the Internal Revenue Code of 1986 (relating to territorial extent of law) is amended by striking out ‘the Territory of Alaska,’.

“(e) Section 7621(b) of the Internal Revenue Code of 1986 (relating to boundaries of internal revenue districts) is amended to read as follows:

“ ‘(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.’

“(f) Section 7653(d) of the Internal Revenue Code of 1986 is amended by striking out ‘its Territories or possessions’ and inserting in lieu thereof ‘its possessions or the Territory of Hawaii’.

“(g) Section 7701(a)(9) of the Internal Revenue Code of 1986 (relating to definition of ‘United States’) is amended by striking out ‘the Territories of Alaska and Hawaii’ and inserting in lieu thereof ‘the Territory of Hawaii’.

“(h) Section 7701(a)(10) of the Internal Revenue Code of 1986 (relating to definition of State) is amended by striking out ‘Territories’ and inserting in lieu thereof ‘Territory of Hawaii’.

“(i) The amendments contained in subsections (a) through (h) of this section shall be effective as of January 3, 1959. (As amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

Sec. 23. [Courts.] (a) The Judicial Conference of the United States, with the assistance of the Administrative Office of the United States Courts, shall conduct a study, including a field survey, of the Federal Judicial business arising in the State of Alaska with a view toward directing the United States Court of Appeals for the Ninth Circuit to hold such terms of court in Anchorage or such other Alaskan cities as may be necessary for the prompt and efficient administration of justice.

“(b) Title 28, United States Code, section 81A, is amended by inserting the word ‘Ketchikan,’ immediately following the word ‘Juneau,’.

“(c) Such authority as has been exercised by the Attorney General heretofore, with regard to the Federal court system in Alaska, pursuant to section 30 of the Act of June 6, 1900 (48 U.S.C. 25), shall continue to be exercised by him after the court created by section 12(b) of the Act of July 7, 1958 (72 Stat. 339, 348) [set out above], providing for the admission of the State of Alaska into the Union, is established.

“(d) All balances of public moneys received by the clerks of each division of the District Court for the Territory of Alaska pursuant to section 10 of the Act of June 6, 1900, as amended (48 U.S.C. 107), which are on hand after all payments ordered by that court and approved by the Administrative Office of the United States Courts shall have been made, shall be covered into the Treasury of the United States as required by law, and the Secretary of the Treasury shall pay the amounts so covered, which are hereby appropriated, to the State of Alaska.

Sec. 24. [Vocational Rehabilitation Act; amendment.] (a) Subsection (g) of section 11 of the Vocational Rehabilitation Act (29 U.S.C., supp. V, sec. 41(g)), relating to definition of State, is amended by striking out ‘Alaska,’.

“(b)(1) Subsection (i) and paragraph (1) of subsection (h) of such section, relating to definition of allotment percentages and Federal shares for purposes of allotment and matching for vocational rehabilitation services, are each amended by striking out ‘(excluding Alaska)’ and inserting in lieu thereof ‘(including Alaska)’.

“(2) Paragraph (1) of such subsection (h) is further amended by striking out ‘Alaska,’.

“(3) Such subsection (i) is further amended by striking out ‘Hawaii and Alaska’ in clause (B) and inserting in lieu thereof ‘Hawaii’,

Sec. 25. [Gold Reserve Act; amendment.] Section 15 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 444), is further amended by striking out the words ‘, the District of Columbia, and the Territory of Alaska’ and inserting in lieu thereof the words ‘and the District of Columbia’.

Sec. 26. [Silver Purchase Act; amendment.] Section 10 of the Silver Purchase Act of 1934 (31 U.S.C. 448b), is amended by striking out the words ‘, the District of Columbia, and the Territory of Alaska’ and inserting in lieu thereof the words ‘and the District of Columbia’.

Sec. 27. [National Guard; amendment.] Title 32, United States Code, section 101(1), is amended by striking out the words ‘Alaska, Hawaii,’ and inserting in lieu thereof the word ‘Hawaii’.

Sec. 28. [Water Pollution Control Act; amendment.] (a) Paragraph (1) of section 5(h) of the Federal Water Pollution Control Act (33 U.S.C., supp. V, sec. 466d(h)(1)), relating to Federal share for purposes of matching for program operation, is amended by striking out ‘(excluding Alaska)’ and inserting in lieu thereof ‘(including Alaska)’ and by striking out, in clause (B), ‘and Alaska’.

“(b) Subsection (d) of section 11 of such Act (33 U.S.C., Supp. V, sec. 466j(d)), is amended by striking out ‘Alaska,’.

Sec. 29. [Veterans’ Benefits; amendment.] (a) Title 38, United States Code, section 903(b) [now 2303(b)], is amended by striking out the words ‘, or to the place of burial within Alaska if the deceased was a resident of Alaska who had been brought to the United States as a beneficiary of the Veterans’ Administration for hospital or domiciliary care’; by inserting the word ‘continental’ immediately before the words ‘United States’ the second time they appear in such section; and by inserting, immediately following the words ‘continental United States’ in both places where they appear in such section, the parenthetical phrase ‘(including Alaska)’.

“(b) Title 38, United States Code, section 2007(c) [now 4107(c)], is amended by striking out the word ‘Alaska,’.

Sec. 30. [Federal Property and Administrative Services Act; amendment.] (a) Subsection (f) of section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(f)) [now 40 U.S.C. 102(6)], is amended by striking out the words ‘, Hawaii, Alaska,’ and inserting in lieu thereof the words ‘(including Alaska), Hawaii,’.

“(b) Subsection (a) of section 702 of such Act ([former] 40 U.S.C., supp. V, sec. 522(a)), is amended by striking out the words ‘Territories of Alaska and Hawaii’ and inserting in lieu thereof the words ‘Territory of Hawaii’.

Sec. 31. [Public Health Service Act; amendment.] (a) Subsection (f) of section 2 of the Public Health Service Act (42 U.S.C. 201(f)), relating to definition of State, is amended by striking out ‘Hawaii, Alaska,’ and inserting in lieu thereof ‘Hawaii,’ and by striking out ‘, the District of Columbia, or Alaska’ and inserting in lieu thereof ‘or the District of Columbia’.

“(b)(1) Effective July 1, 1959, section 371 of the Public Health Service Act, as added by the Alaska Mental Health Enabling Act (42 U.S.C., supp. V, sec. 273), is repealed.

“(2) Subsection (a) of section 372 of such Act (42 U.S.C., supp. V, sec. 274(a)), is amended by striking out ‘the Territory of’.

“(3) Subsections (b), (c), and (e) of such section are each amended by striking out ‘the Territory’ each time it appears and inserting in lieu thereof ‘Alaska’.

“(4) Such subsection (e) is further amended by striking out ‘the Territory's’ and inserting in lieu thereof ‘Alaska's’.

“(c)(1) Subsection (a) of section 631 of such Act (42 U.S.C., supp. V, sec. 291i(a)), relating to definition of allotment percentage for purposes of allotments for construction, is amended by striking out ‘(excluding Alaska)’ and inserting in lieu thereof ‘(including Alaska)’ and by striking out ‘for Alaska and Hawaii shall be 50 per centum each’ in clause (2) and inserting in lieu thereof ‘for Hawaii shall be 50 per centum’.

“(2) Subsection (d) of such section, relating to definition of State, is amended by striking out ‘Alaska,’.

Sec. 32. [Social Security Act; amendment.] (a) Paragraph (8) of section 1101(a) of the Social Security Act (72 Stat. 1013, 1050), relating to definition of Federal percentage for purposes of matching for public assistance grants, is amended by striking out ‘Alaska and’ in clause (ii) of subparagraph (A) and by striking out ‘(excluding Alaska)’ in subparagraphs (A) and (B) and inserting in lieu thereof ‘(including Alaska)’.

“(b)(1) Subsection (a) of section 524 of the Social Security Act (72 Stat. 1013, 1054), relating to definition of allotment percentage for purposes of allotments for child welfare services, is amended by striking out ‘50 per centum in the case of Alaska and’ in clause (B).

“(2) Subsection (b) of such section, relating to definition of Federal share for purposes of matching for child welfare services, is amended by striking out ‘50 per centum in the case of Alaska and’ in clause (2).

“(3) Such subsections (a) and (b), and subsection (c) of such section, relating to promulgation of Federal shares and allotment percentages, are each amended by striking out ‘(excluding Alaska)’ and inserting in lieu thereof ‘(including Alaska)’.

“(c)(1) The last sentence of section 202(i) of the Social Security Act (42 U.S.C., supp. V, sec. 402(i)), is amended by striking out ‘forty-eight’ and inserting in lieu thereof ‘forty-nine’.

“(2) Subsections (h) and (i) of section 210 of such Act (42 U.S.C. 410(h), (i)), relating to definitions of State and United States for purposes of old-age, survivors, and disability insurance, are each amended by striking out ‘Alaska,’.

“(d)(1) Paragraph (1) of section 1101(a) of the Social Security Act (42 U.S.C., supp. V, sec. 1301(a)(1)), relating to definition of State, is amended by striking out ‘Alaska, Hawaii,’ and inserting in lieu thereof ‘Hawaii’.

“(2) Paragraph (2) of such section (42 U.S.C., 1301(a)(2)), relating to definition of United States, is amended by striking out ‘Alaska,’.

Sec. 33. [Congressional Record.] Section 73 of the Act of January 12, 1895, as amended (44 U.S.C., supp. V, sec. 183), is further amended by striking out the word ‘Alaska,’ [Repealed by Pub. L. 90–620, §3, Oct. 22, 1968, 82 Stat. 1310].

Sec. 34. [Federal Register.] Section 8 of the Federal Register Act (44 U.S.C. 308) is amended by striking out the parenthetical phrase ‘(not including Alaska)’ and inserting in lieu thereof the parenthetical phrase ‘(including Alaska)’ [Repealed by Pub. L. 90–620, §3, Oct. 22, 1968, 82 Stat. 1310].

Sec. 35. [Airports.] (a) The Administrator of the Federal Aviation Agency is authorized and directed to transfer to the State of Alaska by appropriate conveyance, and subject to such terms and conditions as he may deem appropriate, all the right, title, and interest of the United States in and to the public airports constructed and operated pursuant to the Act of May 28, 1948, as amended (48 U.S.C. 485 and the following), including all the land, buildings, structures, facilities, equipment, and other personal property appurtenant thereto and necessary for the operation thereof, except for such property, real or personal, as the Administrator may determine is needed for the performance of functions of the United States in Alaska after such transfer. Such transfer shall be without monetary consideration to the United States.

“(b) Notwithstanding any other provisions of this section, any contract entered into by the Federal Aviation Agency in connection with its activities with respect to public airports constructed and operated pursuant to the Act of May 28, 1948, as amended (48 U.S.C. 485 and the following), which has not been completed by the date of enactment of this Act, may be completed according to the terms thereof.

Sec. 36. [Selective Service.] Section 16(b) of the Universal Military Training and Service Act, as amended (50 U.S.C., app., sec. 466(b)), is further amended by striking out the word ‘Alaska,’.

Sec. 37. [Real property transactions.] Section 43(c) of the Act of August 10, 1956 (50 U.S.C. app., supp. V, sec. 2285(c)), is amended by striking out the word ‘Alaska,’.

Sec. 38. [Recreation facilities.] Section 2 of the Act of May 4, 1956 (70 Stat. 130), is hereby repealed. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1960, such sums as may be necessary to complete the construction of facilities described in section 1 of such Act, as amended by the Act of August 30, 1957 (71 Stat. 510), if construction was begun prior to June 30, 1959, and to maintain the facilities pending their transfer pursuant to such section.

Sec. 39. [Aircraft loan guarantees.] Section 3 of the Act of September 7, 1957 (71 Stat. 629), is amended by striking out the words ‘Territory of Alaska’ and inserting in lieu thereof the words ‘State of Alaska’.

Sec. 40. [Defense Base Act; amendment.] (a) Paragraphs (2) and (3) of section 1(a) of the Defense Base Act, as amended (55 Stat. 622; 42 U.S.C. 1651 and the following), are amended by striking out ‘Alaska;’ in the parenthetical phrase in each paragraph.

“(b) Paragraph (6) of section 1(a) of that Act is amended by striking out ‘or in Alaska or the Canal Zone’.

“(c) Section 1(b) of that Act is amended by striking the period at the end of paragraph (3), inserting in lieu thereof a semicolon, and adding the following paragraph:

“ ‘(4) the term “continental United States” means the States and the District of Columbia.’

Sec. 41. [Timber removal.] The Act of March 3, 1891 (26 Stat. 1093), as amended (16 U.S.C. 607), is further amended by deleting the words ‘Territory of Alaska’ and the words ‘or Territory’ where they there appear and by inserting the word ‘Alaska,’ after the words ‘In the State of’.

Sec. 42. [War Hazards Compensation Act; amendment.] (a) Paragraphs (2), (3), and (5) of section 101(a) of the War Hazards Compensation Act, as amended (56 Stat. 1028; 42 U.S.C. 1701 and the following), are amended by striking out ‘or in Alaska or the Canal Zone’.

“(b) Section 104 of that Act [42 U.S.C. 1704] is amended by adding the following new subsection at the end thereof:

“ ‘(c) The provisions of this section shall not apply with respect to benefits on account of any injury or death occurring within any State.’

“(c) Section 201 of that Act [42 U.S.C. 1711] is amended by adding the following new subsection at the end thereof:

“ ‘(f) the term “continental United States” means the States and the District of Columbia.’

Sec. 43. [Buy American Act; amendment.] Section 1(b) of Title III of the Act of March 3, 1933 (41 U.S.C. 10c(b)), is amended by striking out the word ‘Alaska,’.

Sec. 44. [Transitional grants.] (a) In order to assist the State of Alaska in accomplishing an orderly transition from Territorial status to statehood, and in order to facilitate the assumption by the State of Alaska of responsibilities hitherto performed in Alaska by the Federal Government, there are hereby authorized to be appropriated to the President, for the purpose of making transitional grants to the State of Alaska, the sum of $10,500,000 for the fiscal year ending June 30, 1960; the sum of $6,000,000 for each of the fiscal years ending June 30, 1961, and June 30, 1962; the sum of $3,000,000 for each of the fiscal years ending June 30, 1963, and June 30, 1964; and the sum of $23,500,000 for the period ending June 30, 1966.

“(b) The Governor of Alaska may submit to the President a request that a Federal agency continue to provide services or facilities in Alaska for an interim period, pending the provision of such services or facilities by the State of Alaska. Such interim period shall not extend beyond June 30, 1966. In the event of such request, and in the event of the approval thereof by the President, the President may allocate, at his discretion, to such agency the funds necessary to finance the provision of such services or facilities. Such funds shall be allocated from appropriations made pursuant to subsection (a) hereof, and the amount of such funds shall be deducted from the amount of grants available to the State of Alaska pursuant to such subsection.

“(c) After the transfer or conveyance to the State of Alaska of any property or function pursuant to the Act of July 7, 1958 (72 Stat. 339) [set out as a note above], providing for the admission of the State of Alaska into the Union, or pursuant to this Act or any other law, and until June 30, 1966, the head of the Federal agency having administrative jurisdiction of such property prior to its transfer or conveyance may contract with the State of Alaska for the performance by such agency, on a reimbursable basis, of some or all of the functions authorized to be performed by it in Alaska immediately preceding such conveyance or transfer. (As amended Pub. L. 88–311, §§1, 2, May 27, 1964, 78 Stat. 201.)

Sec. 45. [Transfer of property.] (a) If the President determines that any function performed by the Federal Government in Alaska has been terminated or curtailed 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 July 1, 1966, in his discretion, transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with such function, the assumption of which function is pursuant to this Act or the Act of July 7, 1958 (72 Stat. 339) [set out as a note above].

“(b) Structures and improvements of block 32 of the city of Juneau granted to the State of Alaska by section 6(c) of the Act providing for the admission of Alaska into the Union (72 Stat. 339, 340), shall include all furnishings and equipment in the structure known as the Governor's mansion, or used in the operation or maintenance thereof. (As amended Pub. L. 88–311, §2, May 27, 1964, 78 Stat. 201.)

Sec. 46. [Claims Commission.] (a) In the event that any disputes arise between the United States and the State of Alaska prior to January 1, 1965, concerning the transfer, conveyance, or other disposal of property to the State of Alaska pursuant to section 6(e) of the Act of July 7, 1958 (72 Stat. 339, 340) [set out as a note above], providing for the admission of the State of Alaska into the Union, or pursuant to this Act, the President is authorized (1) to appoint by and with the advice and consent of the Senate a temporary commission of three persons, to consider, ascertain, adjust, determine, and settle such disputes, and (2) to make such rules and regulations as may be necessary to establish such temporary commission or as may be necessary to terminate such temporary commission at the conclusion of its duties. In carrying out its duties under this section, such commission may hold such hearings, take such testimony, sit and act at such times and places, and incur such expenditures as the commission deems necessary. No commission shall be appointed under authority of this subsection after June 30, 1965.

“(b) The commission may, without regard to the civil service laws and the Classification Act of 1949, employ and fix the compensation of such employees as it deems necessary to carry out its duties under this section. The commission is authorized to use the facilities, information, and personnel of the departments, agencies, and establishments of the executive branch of the United States Government which it deems necessary to carry out its duties; and each such department, agency, and instrumentality is authorized to furnish such facilities, information, and personnel to the commission upon request made by the commission. The commission shall reimburse each such department, agency, or instrumentality for the services of any personnel utilized. The commission may establish such procedures, rules, and regulations as may be necessary to carry out its duties under this section.

“(c) No member of such commission shall be an officer or employee of the United States or of the State of Alaska. Any commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the commission shall not impair the right of the remaining commissioners to exercise all the powers of the commission. Each member of the commission shall be paid compensation at the rate of $50 per day for each day spent in the work of the commission, shall be reimbursed for actual and necessary travel expenses, and shall receive a per diem allowance in accordance with the provisions of the Travel Expense Act of 1949, as amended, when away from his usual place of residence.

“(d) There are hereby authorized to be appropriated such sums as may be necessary to enable the commission to perform its duties under this section.

Sec. 47. [Effective dates.] (a) The amendments made by paragraph (2) of subsection (a) of section 18, by subsection (a) of section 28, by paragraph (1) of subsection (c) of section 31, by subsections (a) and (b) of section 32, and, except as provided in subsection (c) of this section, by subsection (b) of section 24, shall be applicable in the case of promulgations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and for this purpose such promulgations shall, before such data for the full period required by the applicable statutory provision as so amended are available from the Department of Commerce, be based on satisfactory data available from such Department for such one full year or, when such data for a two-year period are available, for such two years.

“(b) The amendments made by paragraphs (1) and (3) of subsection (a) of section 18 shall be applicable, in the case of allotments under section 302(b) or 502 of the National Defense Education Act of 1958 [20 U.S.C. 442(b) or 482], for fiscal years beginning July 1, 1959, and in the case of allotments under section 302(a) of such Act, in the case of allotments based on allotment ratios, promulgated under such section 302(a), to which the amendment made by paragraph (2) of subsection (a) of section 18 of this Act is applicable.

“(c) [Repealed. Pub. L. 86–624, §47(g)(4), July 12, 1960, 74 Stat. 424.]

“(d) The amendments made by paragraphs (2) and (3) of subsection (b), by subsection (c), and by paragraph (4) of subsection (d) of section 18; by subsection (a) of section 24; by subsection (b) of section 28; by subsection (a), by subparagraphs (2), (3), and (4) of subsection (b), and by paragraph (2) of subsection (c) of section 31; by paragraph (2) of subsection (c) and by subsection (d) of section 32; and, except as provided in subsection (b) of this section by paragraph (1) of subsection (a) of section 18, shall be effective on January 3, 1959.

“(e) The amendment made by paragraph (1) of subsection (c) of section 32 shall apply in the case of deaths occurring on or after January 3, 1959.

“(f) The amendments made by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 18 shall be applicable for fiscal years beginning July 1, 1959.

“(g) The amendments in sections 40 and 42 shall take effect when enacted: Provided, however, That with respect to injuries or deaths occurring on or after January 3, 1959, and prior to the effective date of these amendments, claims filed by employees engaged in the State of Alaska in any of the employments covered by the Defense Base Act [42 U.S.C. 1651 et seq.] (and their dependents) may be adjudicated under the Workmen's Compensation Act of Alaska instead of the Defense Base Act. (As amended Pub. L. 86–624, §47(g)(4), July 12, 1960, 74 Stat. 424.)

Sec. 48. [Definition of ‘Continental United States’.] Whenever the phrase ‘continental United States’ is used in any law of the United States enacted after the date of enactment of this Act, it shall mean the 49 States on the North American Continent and the District of Columbia, unless otherwise expressly provided.

Sec. 49. [Other subjects.] The amendment by this Act of certain statutes by deleting therefrom specific references to Alaska or such phrases as ‘Territory of Alaska’ shall not be construed to affect the applicability or inapplicability in or to Alaska of other statutes not so amended.

Sec. 50. [Separability.] If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.

Sec. 51. [New Federal Loan Adjustments.] (a) The Secretary of Agriculture is authorized to compromise or release such portion of a borrower's indebtedness under programs administered by the Farmers Home Administration in Alaska as he finds necessary because of loss resulting from the 1964 earthquake and subsequent seismic waves, and he may refinance outstanding indebtedness of applicants in Alaska for loans under section 502 of the Housing Act of 1949 [42 U.S.C. 1472] for the repair, reconstruction, or replacement of dwellings or farm buildings lost, destroyed, or damaged by such causes and securing such outstanding indebtedness. Such loans may also provide for the purchase of building sites, when the original sites cannot be utilized.

“(b) The Secretary of Agriculture is authorized to compromise or release such portion of a borrower's indebtedness under programs administered by the Rural Electrification Administration in Alaska as he finds necessary because of loss, destruction, or damage of property resulting from the 1964 earthquake and subsequent seismic waves. (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 505.)

Sec. 52. [Compromise or Release of Notes or Other Obligations.] The Secretary of Housing and Urban Development is authorized to compromise or release such portion of any note or other obligation held by him with respect to property in Alaska pursuant to Title II of the Housing Amendments of 1955 [42 U.S.C. 1491–1497] or included within the revolving fund for liquidating programs established by the Independent Offices Appropriation Act of 1955, as he finds necessary because of loss, destruction, or damage to facilities securing such obligations by the 1964 earthquake and subsequent seismic waves. (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90–19, §15(a), May 25, 1967, 81 Stat. 24.)

Sec. 53. [Urban Renewal.] The Secretary of Housing and Urban Development is authorized to enter into contracts for grants not exceeding $25,000,000 for urban renewal projects in Alaska, including open land projects, under section 111 of the Housing Act of 1949 [42 U.S.C. 1462], which he determines will aid the communities in which they are located in reconstruction and redevelopment made necessary by the 1964 earthquake and subsequent seismic waves. Such authorization shall be in addition to and separate from any grant authorization contained in section 103(b) of said Act [42 U.S.C. 1453(b)].

“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, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90–19, §15, May 25, 1967, 81 Stat. 24.)

Sec. 54. [Extension of Term of Home Disaster Loans.] Loans made pursuant to paragraph (1) of section 7(b) of the Small Business Act (72 Stat. 387), as amended (15 U.S.C. 636(b)), for the purpose of replacing, reconstructing, or repairing dwellings in Alaska damaged or destroyed by the 1964 earthquake and subsequent seismic waves, may have a maturity of up to thirty years: Provided, That the provisions of section 7(c) of said Act [15 U.S.C. 636(c)] shall not be applicable to such loans. (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 506.)

Sec. 55. [Modification of Civil Works Projects.] The Chief of Engineers, under the direction of the Secretary of the Army, is hereby authorized to make such modifications to previously authorized civil works projects in Alaska adversely affected by the 1964 earthquake and subsequent seismic waves as he finds necessary to meet changed conditions and to provide for current and reasonably prospective requirements of the communities they serve, at an estimated cost of $10,000,000. (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 506.)

Sec. 56. [Purchase of Alaska State Bonds.] The Secretary of Housing and Urban Development is authorized to purchase, in accordance with the provisions of sections 202(b), 203, and 204 of Title II of the Housing Amendments of 1955 [42 U.S.C. 1492(b), 1493, and 1494], the securities and obligations of, or make loans to, the State of Alaska to finance any part of the programs needed to carry out the reconstruction activities in Alaska related to the 1964 earthquake and subsequent seismic waves or to complete capital improvements begun prior to the earthquake: Provided, That the aggregate amount of such purchase or loan shall not exceed $25,000,000. (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 506, and amended Pub. L. 90–19, §15(a), May 25, 1967, 81 Stat. 24.)

Sec. 57. [Retirement or Adjustment of Outstanding Mortgage Obligation.] For the purpose of enabling the State of Alaska to retire or adjust outstanding home mortgage obligations or other real property liens secured by one to four family homes which were severely damaged or destroyed in the March 1964 earthquake and subsequent seismic waves, the President is authorized to make additional grants to the State of Alaska in an amount not to exceed a total of $5,500,000 to match, on a fifty-fifty basis, any funds provided by the State to pay the costs of retiring or adjusting such mortgage obligations. In order to be approved, a State application for a grant for carrying out the purpose of this section must: (1) be in accordance with a plan submitted by the State, to be approved by the President, for the implementation of the purpose of this section; (2) designate the State agency for retiring or adjusting said mortgage obligations; (3) provide that the mortgagor shall be required to absorb the damage loss to the entire extent of his equity interest in the property and also agree to pay at least $1,000 of the outstanding mortgage balance; (4) provide that no payments for retiring or adjusting mortgage obligations on a single property shall exceed $30,000; (5) provide regulations to assure equitable treatment among home owners and to prevent unjustified payments or gains to the State, mortgagees or mortgagors; and (6) provide that the State agency will make such reports, in such form and containing such information as the President may from time to time require, and give the President, upon demand, access to the records on which such reports are based.” (Added Pub. L. 88–451, §4, Aug. 19, 1964, 78 Stat. 507.)

Assistance to Alaska for Reconstruction of Areas Damaged by Earthquake

Pub. L. 88–451, Aug. 19, 1964, 78 Stat. 505, as amended, provided:

“[Section 1. Short Title.] That this Act may be cited as the ‘1964 Amendments to the Alaska Omnibus Act.’

Sec. 2. [Congressional Declaration.] The Congress hereby recognizes that the State of Alaska has experienced extensive property loss and damage as a result of the earthquake of March 27, 1964, and subsequent seismic waves, and declares the need for special measures designed to aid and accelerate the State's efforts in providing for the reconstruction of the areas in the State devastated by this natural disaster.

Sec. 3. [This section added subsec. (f) to section 21 of the Alaska Omnibus Act, Pub. L. 86–70, June 25, 1959, 73 Stat. 141, set out above.]

Sec. 4. [This section added sections 51 to 57 to the Alaska Omnibus Act, Pub. L. 86–70, June 25, 1959, 73 Stat. 141, set out above.]

Sec. 5. [Authorization of Appropriations.] There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, which shall be available for obligation until June 30, 1967, except that any sums so appropriated to carry out section 53 of the Alaska Omnibus Act [set out above] shall be available after such date for obligation in connection with one or more of the following urban renewal projects authorized for execution prior to June 30, 1967; Alaska R–8, Westchester; Alaska R–19, Kodiak; Alaska R–20, downtown Anchorage; Alaska R–21, Seward; Alaska R–22, Valdez; Alaska R–25, Mineral Creek; Alaska R–26, Seldovia; Alaska R–28, Cordova. There is also authorized to be appropriated such sums as may be necessary for the expenses of such advisory commissions or committees as the President may establish in connection with the reconstruction and development planning of the State of Alaska. The total amount authorized to be appropriated pursuant to this section shall not exceed $55,650,000. (As amended Pub. L. 91–367, §1, July 31, 1970, 84 Stat. 691.)

Sec. 6. [Termination Date.] The authority contained in this Act shall expire on June 30, 1967, except that such expiration shall not affect—

“(1) the authority conferred by section 53 of the Alaska Omnibus Act [set out above] until the completion of the following urban renewal projects authorized for execution prior to June 30, 1967: Alaska R–8, Westchester; Alaska R–19, Kodiak; Alaska R–20, downtown Anchorage; Alaska R–21, Seward; Alaska R–22, Valdez; Alaska R–25, Mineral Creek; Alaska R–26, Seldovia; Alaska R–28, Cordova; or

“(2) the payment of expenditures for any obligation or commitment entered into under this Act prior to June 30, 1967.

(As amended Pub. L. 91–367, §2, July 31, 1970, 84 Stat. 691.)

Sec. 7. [Report to the Congress.] The President shall report semiannually during the term of this Act to the President of the Senate and the Speaker of the House on the actions taken under this Act by the various Federal agencies. The first such report shall be submitted not later than February 1, 1965, and shall cover the period ending December 31, 1964.”

Delegation of Functions

Ex. Ord. No. 11230, under which the functions of the President under sections 44(a) and 45(a) of the Alaska Omnibus Act of June 25, 1959, set out above, were delegated to the Director of the Bureau of the Budget [now the Director of Management and Budget], was superseded by Ex. Ord. No. 11609, eff. July 22, 1971, 36 F.R. 13747, set out under section 301 of Title 3.

United States District Court of Alaska

Readiness of United States District Court for District of Alaska to assume functions imposed upon it, see Ex. Ord. No. 10867, eff. Feb. 20, 1960, 25 F.R. 1584, set out under section 81A of Title 28, Judiciary and Judicial Procedure.

Proc. No. 3269. Admission of the State of Alaska Into the Union

Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, provided:

WHEREAS the Congress of the United States by the act approved on July 7, 1958 (72 Stat. 339) [set out above], accepted, ratified, and confirmed the constitution adopted by a vote of the people of Alaska in an election held on April 24, 1956, and provided for the admission of the State of Alaska into the Union on an equal footing with the other States of the Union upon compliance with certain procedural requirements specified in that act; and

WHEREAS it appears from information before me that a majority of the legal votes cast at an election held on August 26, 1958, were in favor of each of the propositions required to be submitted to the people of Alaska by section 8(b) of the Act of July 7, 1958 [set out above]; and

WHEREAS it further appears from information before me that a general election was held on November 25, 1958, and that the returns of the general election were made and certified as provided in the act of July 7, 1958; and

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 July 7, 1958 [set out above], and have duly elected the officers required to be elected by that act:

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.

Dwight D. Eisenhower.      

[seal]

Ex. Ord. No. 10857. Termination of Federal Functions in Alaska and Transfer of Property Held by United States

Ex. Ord. No. 10857, eff. Dec. 29, 1959, 25 F.R. 33, provided:

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 April 27, 1959; and

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 July 1, 1964, in his discretion, transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with such function; and

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:

Section 1. It is hereby determined that the functions performed by the United States in Alaska pursuant to the Alaska game law of July 1, 1943, 57 Stat. 301 [sections 192, 193, and 195 to 211 of this title], the act of June 26, 1906, 34 Stat. 478, the act of June 6, 1924, 43 Stat. 465, and the acts amending or supplementing such acts, will terminate on December 31, 1959, and that the same functions or substantially the same functions will be assumed by the State of Alaska.

Sec. 2. There is hereby delegated to the Secretary of the Interior, effective January 1, 1960, the authority vested in the President by section 45(a) of the Alaska Omnibus Act to transfer and convey to the State of Alaska, without reimbursement, any property or interest in property, real or personal, situated in Alaska which is owned or held by the United States in connection with the functions described in section 1 hereof.

Sec. 3. The Secretary of the Interior is hereby authorized to redelegate to (1) the Assistant Secretary for Fish and Wildlife, (2) the Commissioner of Fish and Wildlife, (3) the Directors of the Bureaus of Commercial Fisheries and Sport Fisheries and Wildlife, and (4) the Regional Directors, Alaska Region, of the Bureaus of Commercial Fisheries and Sport Fisheries and Wildlife all or any part of the authority delegated to the Secretary of the Interior by section 2 hereof.

Sec. 4. All transfers and conveyances made under or pursuant to this order shall be made in accordance with such policies, conditions, and procedures as may be prescribed by the Secretary of the Interior.

Dwight D. Eisenhower.      

1 So in original. Probably should be “48 U.S.C.”.

§§21 to 27. Omitted

Codification

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 June 6, 1900.

§28. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act June 6, 1900, ch. 786, §17, 31 Stat. 328, related to residence, term of office, and removal from office of notaries public.

§§29 to 38. Omitted

Codification

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.

§39. Repealed. Oct. 31, 1951, ch. 654, §1(118)–(124), 65 Stat. 706

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.

§§40, 41. Omitted

Codification

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.

§42. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

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.

§§43 to 45. Omitted

Codification

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.

§46. Repealed. July 28, 1956, ch. 772, title III, §301(a)(2), 70 Stat. 712

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.

§§46–1 to 46–3. Omitted

Codification

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.

§46a. Repealed. July 1, 1944, ch. 373, title VII, §711, formerly title VI, §611, 58 Stat. 714; renumbered Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049

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.

§§46b to 48a. Repealed. July 28, 1956, ch. 772, title III, §301(a)(1), (3), (5), 70 Stat. 712

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; July 28, 1956, ch, 772, title III, §301(b)(1), 70 Stat. 712, defined terms used in sections 46, 47a to 47c, 48a, 50, and 50a of this title.

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.

§49. Omitted

Codification

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.

§§50, 50a. Repealed. July 28, 1956, ch. 772, title III, §301(a)(4), 70 Stat. 712

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.

§§50b to 50d–1. Omitted

Codification

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.

§50e. Appropriations for benefit of natives; purchase of supplies for resale to natives, cooperatives, and Department employees

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.

(Feb. 20, 1942, ch. 96, 56 Stat. 95.)

Alaska Resupply Program Fund

Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1007, provided that: “Beginning October 1, 1991, and thereafter, amounts collected by the Secretary in connection with the Alaska Resupply Program (Public Law 77–457) [48 U.S.C. 50e] shall be deposited into a special fund to be established in the Treasury, to be available to carry out the provisions of the Alaska Resupply Program, such amounts to remain available until expended: Provided, That unobligated balances of amounts collected in fiscal year 1991 and credited to the Operation of Indian Programs account as offsetting collections, shall be transferred and credited to this account.”

§50f. Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service facilities

After February 20, 1942, miscellaneous revenues derived from schools, hospitals, and other facilities maintained and operated by the Indian Service for the benefit of Indians and natives of Alaska shall be covered into the Treasury of the United States under the provisions of section 155 of title 25.

(Feb. 20, 1942, ch. 98, 56 Stat. 95.)

§§50g to 58. Omitted

Codification

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, 7 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.

§§61 to 64. Omitted

Codification

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 Mar. 3, 1925, Mar. 4, 1931, and Oct. 15, 1949, were repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 646, 648, 655.

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.

§65. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

Section, act Mar. 3, 1905, ch. 1497, §3, 33 Stat. 1266, required bond from Secretary of Territory.

§65a. Repealed. Apr. 3, 1944, ch. 155, §2, 58 Stat. 187

Section, act Mar. 4, 1931, ch. 516, 46 Stat. 1530, related to salary of secretary of Territory.

§§65b, 66. Omitted

Codification

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.

§§67 to 72. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 642

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.

§§73, 73a. Omitted

Codification

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, 43 Stat. 466, empowered legislature to change date of elections.

§§74, 75. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 642

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.

§§76 to 92. Omitted

Codification

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.

§§101 to 122. Omitted

Codification

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: “The District Court of the Territory of Alaska shall be deemed a court of the United States, and the commissioners appointed by the judges of the said District Court of the Territory of Alaska under the provisions of title I, chapter 1, section 6, of the act of June 6, 1900 (31 Stat. 323, 324 [sections 104 and 108 of this title]), shall be deemed commissioners of a United States court, within the intent and meaning of this section [former section 641 of title 18].”

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.

§131. Omitted

Codification

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.

§§132, 134. Repealed. Pub. L. 89–554, §8(a), Sept. 8, 1966, 80 Stat. 640

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.

§§135 to 149. Omitted

Codification

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.

§§161 to 170a. Omitted

Codification

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.

§171. Repealed. Pub. L. 87–304, §9(a)(1), Sept. 26, 1961, 75 Stat. 664

Section, act Mar. 21, 1906, J. Res. No. 10, 34 Stat. 824, permitted teachers and other employees of the United States Bureau of Education to make assignments of their pay while employed in Alaska and authorized reimbursement of teachers in Alaska for expenses incurred in the discharge of duty and paid from personal funds.

§§172, 173. Omitted

Codification

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.

§174. Repealed. Oct. 31, 1951, ch. 654, §1(125), 65 Stat. 706

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.

§§175, 175a. Omitted

Codification

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.

§§191 to 213. Omitted

Codification

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. 310, 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. 312, 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.

§§220 to 224. Omitted

Codification

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.

§225. Repealed. Pub. L. 85–296, Sept. 4, 1957, 71 Stat. 617

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.

§§226 to 239. Omitted

Codification

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.

§240. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 637

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.

§§241 to 248b. Omitted

Codification

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, 501, 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.

§§250 to 250p. Transferred

Codification

Section 250, act Sept. 1, 1937, ch. 897, §1, 50 Stat. 900, which declared purpose of sections 250 to 250n of this title for establishment of a reindeer industry, was transferred to section 500 of Title 25, Indians.

Section 250a, act Sept. 1, 1937, ch. 897, §2, 50 Stat. 900, which authorized Secretary of the Interior to acquire reindeer and other property, was transferred to section 500a of Title 25.

Section 250b, act Sept. 1, 1937, ch. 897, §3, 50 Stat. 900, which required filing of claims to title to reindeer by nonnatives, was transferred to section 500b of Title 25.

Section 250c, act Sept. 1, 1937, ch. 897, §4, 50 Stat. 900, which authorized Secretary to accept gifts for purposes of sections 250 to 250n of this title, was transferred to section 500c of Title 25.

Section 250d, act Sept. 1, 1937, ch. 897, §5, 50 Stat. 900, which empowered Secretary to receive and expand loans, grants, or allocations for purposes of sections 250 to 250n of this title, was transferred to section 500d of Title 25.

Section 250e, act Sept. 1, 1937, ch. 897, §6, 50 Stat. 900, which established a revolving fund for purposes of sections 250 to 250n of this title, was transferred to section 500e of Title 25.

Section 250f, act Sept. 1, 1937, ch. 897, §7, 50 Stat. 900, which related to management of reindeer industry, was transferred to section 500f of Title 25.

Section 250g, act Sept. 1, 1937, ch. 897, §8, 50 Stat. 901, which empowered Secretary to distribute reindeer, property, and profits to natives, was transferred to section 500g of Title 25.

Section 250h, act Sept. 1, 1937, ch. 897, §9, 50 Stat. 901, which authorized Secretary to grant administrative powers to organizations of natives, was transferred to section 500h of Title 25.

Section 250i, act Sept. 1, 1937, ch. 897, §10, 50 Stat. 901, which provided for alienation of reindeer or interests, was transferred to section 500i of Title 25.

Section 250j, act Sept. 1, 1937, ch. 897, §11, 50 Stat. 902, which defined reindeer as used in sections 250 to 250n, of this title, was transferred to section 500j of Title 25.

Section 250k, act Sept. 1, 1937, ch. 897, §12, 50 Stat. 902, which authorized Secretary to promulgate rules and regulations, was transferred to section 500k of Title 25.

Section 250l, act Sept. 1, 1937, ch. 897, §13, 50 Stat. 902, which directed Secretary, whenever practicable, to appoint natives to administer the industry, was transferred to section 500l of Title 25.

Section 250m, act Sept. 1, 1937, ch. 897, §14, 50 Stat. 902, which related to use of public lands, was transferred to section 500m of Title 25.

Section 250n, act Sept. 1, 1937, ch. 897, §15, 50 Stat. 902, which defined “Natives of Alaska” for purposes of sections 250 to 250n of this title, was transferred to section 500n of Title 25.

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, is set out as a note under section 500 of Title 25.

Section 250p, act Sept. 1, 1937, ch. 897, §17, 50 Stat. 902, which repealed provisions inconsistent with sections 250 to 250n of this title, is set out as a note under section 500 of Title 25.

§§261 to 291. Repealed. Apr. 13, 1934, ch. 119, §1, 48 Stat. 583

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.

§§292, 293. Omitted

Codification

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.

§301. Transferred

Codification

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.

§301a. Repealed. Pub. L. 97–468, title VI, §615(a)(2), Jan. 14, 1983, 96 Stat. 2578

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.

Effective Date of Repeal

Repeal by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see section 615(b) of Pub. L. 97–468.

§§302 to 308. Transferred

Codification

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, Telegraphs, Telephones, and Radiotelegraphs, 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), Oct. 21, 1976, 90 Stat. 2792.

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. §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.

§309. Repealed. Feb. 10, 1939, ch. 2, §4(a), 53 Stat. 1

Section, act July 18, 1914, ch. 187, 38 Stat. 517, related to taxation of railroads.

§§310, 311. Omitted

Codification

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.

§§312 to 312d. Repealed. Pub. L. 104–58, title I, §104(g)(1), Nov. 28, 1995, 109 Stat. 560

Section 312, acts July 31, 1950, ch. 510, §1, 64 Stat. 382; Aug. 13, 1953, ch. 430, §1(1), (2), 67 Stat. 574; Oct. 30, 1984, Pub. L. 98–552, §4, 98 Stat. 2823, authorized construction of Eklutna project, reservation of mineral rights, disposition of net proceeds, and reservation of water rights.

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.

Effective Date of Repeal

Repeal effective Oct. 2, 1997, date Eklutna was conveyed to Eklutna Purchasers, see section 104(g)(1) of Pub. L. 104–58, set out as an Alaska Power Administration Asset Sale and Termination note under section 7152 of Title 42, The Public Health and Welfare.

§§315 to 315i. Omitted

Codification

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; Aug. 18, 1958, Pub. L. 85–675, §1, 72 Stat. 625, authorized issuance of refunding bonds by municipal corporations and public utility districts.

Section 315f, acts Jan. 17, 1940, ch. 3, §2, 54 Stat. 15; Aug. 18, 1958, Pub. L. 85–675, §1, 72 Stat. 626, set terms, interest, negotiability, etc., of refunding bonds.

Section 315g, acts Jan. 17, 1940, ch. 3, §3, 54 Stat. 15; Aug. 18, 1958, Pub. L. 85–675, §1, 72 Stat. 626, laid upon governing body of municipal corporations or public-utility or school district duty of levying taxes to retire refunding bonds.

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, Aug. 18, 1958, 72 Stat. 626, ratified prior issues of refunding bonds.

§321. Omitted

Codification

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.

§§321a to 325. Repealed. Pub. L. 86–70, §21(d)(6), (7), June 25, 1959, 73 Stat. 146

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.

Effective Date of Repeal

Repeal of sections 321a to 325 effective July 1, 1959, see section 21(d) of Pub. L. 86–70 set out as an Effective Date of 1959 Amendment note under section 103 of Title 23, Highways.

§§326 to 330. Omitted

Codification

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.

§§331 to 337. Repealed. Dec. 16, 1930, ch. 14, §1, 46 Stat. 1029

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.

§§338 to 338g. Omitted

Codification

Sections 338 to 338g, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union.

Section 338, acts Aug. 1956, ch. 840, §1, 70 Stat. 888; Apr. 20, 1957, Pub. L. 85–16, 71 Stat. 14; July 6, 1959, Pub. L. 86–78, §1(1), 73 Stat. 161, established Alaska International Rail and Highway Commission, set out its size and structure, appointment of its members, and selection of chairman and vice chairman, and authorized appointment of an Army officer to Commission.

Section 338a, act Aug. 1, 1956, ch. 840, §2, 70 Stat. 8888, set out duties of Commission.

Section 338b, acts Aug. 1, 1956, ch. 840, §3, 70 Stat. 888; Aug. 8, 1958, Pub. L. 85–601, §1(a), 72 Stat. 524, authorized Commission to cooperate with Canada in carrying out its functions.

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; Aug. 8, 1958, Pub. L. 85–601, §1(b), 72 Stat. 524; July 6, 1959, Pub. L. 86–78, §1(2), 73 Stat. 161, required Commission to make certain reports and recommendations and called for termination of Commission after submission of its final report.

Section 338g, act Aug. 1, 1956, ch. 840, §8, 70 Stat. 889; Aug. 8, 1958, Pub. L. 85–601, §1(c), 72 Stat. 525, authorized making of appropriations to enable Commission to carry out its functions.

§341. Transferred

Codification

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.

§§351, 352. Transferred

Codification

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.

§353. Repealed. Pub. L. 85–508, §6(k), July 7, 1958, 72 Stat. 343

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; Aug. 27, 1958, Pub. L. 85–771, §3, 72 Stat. 929, made reservation of certain lands for educational purposes, covered disposition of proceeds or income derived from reserved lands, and set out exclusion of certain lands.

§§353a to 362. Transferred

Codification

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), Oct. 21, 1976, 90 Stat. 2792.

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; July 12, 1960, Pub. L. 86–620, 74 Stat. 408, which made additional grants for an agricultural college and school of mines and imposed certain conditions and limitations, is set out as a note under section 852 of Title 43.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Dec. 18, 1971, 85 Stat. 710.

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), Dec. 18, 1971, 85 Stat. 710.

Section 357b, act May 27, 1906, ch. 2469, §2, 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), Dec. 18, 1971, 85 Stat. 710.

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.

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), Oct. 21, 1976, 90 Stat. 2792.

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, §702, Oct. 21, 1976, 90 Stat. 2787.

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.

§363. Repealed. June 14, 1926, ch. 578, §5, as added June 4, 1954, ch. 263, 68 Stat. 175

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.

§§364 to 365. Transferred

Codification

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

Section 364f, Pub. L. 88–66, July 19, 1963, 77 Stat. 80, which called for the application of equitable principles upon submission of proof of compliance with use requirements after prescribed period, was transferred to section 687b–5 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

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.

§§366 to 367. Omitted

Codification

Sections 366 to 367, which related to registers at land offices, were omitted in view of Reorg. Plan No. 3 of 1946, §403, eff. July 16, 1946, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the office of land register and transferred its functions to the Secretary of the Interior.

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), Sept. 6, 1966, 80 Stat. 651.

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), Sept. 6, 1966, 80 Stat. 651.

Section 367, act Oct. 9, 1942, ch. 584, §4, 56 Stat. 779, related to duties of registers.

§367a. Transferred

Codification

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.

§368. Omitted

Codification

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.

§§371 to 371c. Transferred

Codification

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), Oct. 21, 1976, 90 Stat. 2789.

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 April 29, 1950 if notice of location had not previously been filed, was transferred to section 270–5 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

§372. Omitted

Codification

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.

§§373 to 385. Transferred

Codification

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

Section 376, acts Mar. 8, 1922, ch. 96, §1, 42 Stat. 415; Aug. 23, 1958, Pub. L. 85–725, §1, 72 Stat. 730, which covered claims on land containing coal, oil, and gas, was transferred to section 270–11 of Title 43, and was subsequently repealed by Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789.

Section 377, acts Mar. 8, 1922, ch. 96, §2, 42 Stat. 416; Aug. 23, 1958, Pub. L. 85–725, §2, 72 Stat. 730, which called for the inclusion, in the patent for lands containing coal, oil, and gas, of a reservation to the United States of such minerals together with the right to prospect for, mine, and remove the same, was transferred to section 270–12 of Title 43.

Section 377a, act Mar. 8, 1922, ch. 96, §3, as added Aug. 17, 1961, Pub. L. 87–147, 75 Stat. 384; amended Oct. 3, 1962, Pub. L. 87–742, 76 Stat. 740, which allowed the Secretary of the Interior to make disposition of lands known to contain coal, oil, or gas, was transferred to section 270–13 of Title 43, and was subsequently repealed by Pub. L. 94–579, §703(a), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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; Aug. 14, 1958, Pub. L. 85–662, 72 Stat. 615, which extended the mining laws of the United States to the Territory of Alaska, was transferred to section 49a of Title 30, Mineral Lands and Mining.

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. 1343, 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.

§386. Repealed. Pub. L. 87–260, §1, Sept. 21, 1961, 75 Stat. 541

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.

§§387 to 391. Repealed. May 4, 1934, ch. 211, §1, 48 Stat. 663

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.

§392. Omitted

Codification

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.

§§395 to 405. Omitted

Codification

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.

§§411 to 423. Transferred

Codification

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 June 11, 1960, Pub. L. 86–512, 74 Stat. 207, which defined “restored lands” for purposes of sections 420 to 420c of this title, was transferred to section 971e of Title 43.

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.

§431. Omitted

Codification

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.

§432. Repealed. Pub. L. 86–252, §1, Sept. 9, 1959, 73 Stat. 490

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.

§433. Repealed. Pub. L. 85–508, §20, July 7, 1958, 72 Stat. 351

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.

§§434 to 445. Repealed. Pub. L. 86–252, §1, Sept. 9, 1959, 73 Stat. 490

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; July 10, 1957, Pub. L. 85–88, §1, 71 Stat. 282; July 7, 1958, Pub. L. 85–508, §28(a), 72 Stat. 351, related to distribution of net profits, bonuses, royalties, rentals, and other payments. See section 191 of Title 30.

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.

§445a. Transferred

Codification

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), Jan. 14, 1983, 96 Stat. 2578.

§§446 to 452. Repealed. Pub. L. 86–252, §1, Sept. 9, 1959, 73 Stat. 490

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.

§453. Transferred

Codification

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.

§§455 to 456h. Omitted

Codification

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, Sept. 7, 1957, 71 Stat. 623, related to definitions as used in sections 455 to 455e of this title.

Section 455a, Pub. L. 85–303, §2, Sept. 7, 1957, 71 Stat. 623, granted United States title to the territory of Alaska.

Section 455b, Pub. L. 85–303, §3, Sept. 7, 1957, 71 Stat. 624, related to lands subject to the Submerged Lands Act.

Section 455c, Pub. L. 85–303, §4, Sept. 7, 1957, 71 Stat. 625, related to rights retained by the United States.

Section 455d, Pub. L. 85–303, §5, Sept. 7, 1957, 71 Stat. 625, provided that prior claims be unaffected by sections 455 to 455e of this title.

Section 455e, Pub. L. 85–303, §6, Sept. 7, 1957, 71 Stat. 625, provided for a survey of community boundaries and establishment of pierhead lines.

Section 456, Pub. L. 85–505, §1, July 3, 1958, 72 Stat. 322, related to definitions as used in sections 456 to 456h of this title.

Section 456a, Pub. L. 85–505, §2, July 3, 1958, 72 Stat. 323, related to lease of oil and gas deposits in lands beneath nontidal navigable waters.

Section 456b, Pub. L. 85–505, §3, July 3, 1958, 72 Stat. 323, related to deposits of receipts and use of moneys.

Section 456c, Pub. L. 85–505, §4, July 3, 1958, 72 Stat. 323, related to determination of nontidal navigable water.

Section 456d, Pub. L. 85–505, §5, July 3, 1958, 72 Stat. 323, related to rights to take natural resources from waters and to navigational servitudes.

Section 456e, Pub. L. 85–505, §6, July 3, 1958, 72 Stat. 323, granted preference rights.

Section 456f, Pub. L. 85–505, §7, July 3, 1958, 72 Stat. 324, declared the effect on transferred lands.

Section 456g, Pub. L. 85–505, §9, July 3, 1958, 72 Stat. 324, related to venue of proceedings affecting leases.

Section 456h, Pub. L. 85–505, §11, July 3, 1958, 72 Stat. 325, related to promulgation of rules and regulations.

§§461 to 466. Transferred

Codification

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; Aug. 23, 1958, Pub. L. 85–725, §3, 72 Stat. 730, which related to rights to purchase for trade or manufacture lands in the Territories, prescribed the price and limit of acreage, and limited the amount of land permitted to be purchased, was transferred to section 687a of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, title VII, §703(a), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2792.

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), Oct. 21, 1976, 90 Stat. 2789.

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), Oct. 21, 1976, 90 Stat. 2789.

§§471 to 471o. Transferred

Codification

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.

§§472, 472a. Repealed. Oct. 31, 1951, ch. 654, §1(126), 65 Stat. 706

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.

§§473 to 484d. Omitted

Codification

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.

§484e. Repealed. Aug. 2, 1954, ch. 649, title II, §205, 68 Stat. 622

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.

§§485 to 486j. Omitted

Codification

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. 227; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(d)(1), 72 Stat. 807, authorized Administrator of Civil Aeronautics to construct, protect, operate, improve, and maintain within Territory of Alaska a public airport at or near Anchorage and a public airport at or near Fairbanks.

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; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(d)(2), 72 Stat. 807, set out powers and duties of Administrator.

Section 485d, acts May 28, 1948, ch. 354, §5, 62 Stat. 278; Oct. 10, 1951, ch. 457, 65 Stat. 371; July 3, 1958, Pub. L. 85–503, 72 Stat. 321; Aug. 23, 1958, Pub. L. 85–726, title XIV, §1402(d)(3), 72 Stat. 807, empowered Administrator of Federal Aviation Agency to lease space or property within or upon airports.

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; Aug. 30, 1957, Pub. L. 85–233, §1, 71 Stat. 515; Dec. 23, 1963, Pub. L. 88–229, 77 Stat. 471, empowered Secretary to enter into agreement with public work applicant.

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. 624, 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 June 30, 1959.

§§487 to 487b. Transferred

Codification

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.

§§488 to 488f. Omitted

Codification

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.

CHAPTER 3—HAWAII

Sec.
491 to 636. Repealed or Omitted.

        

DISTRICT COURT

641 to 644. Repealed.
644a.
Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials.
645 to 724. Repealed or Omitted.

        

Admission as State

Hawaii was admitted into the Union on August 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out below.

Hawaii Statehood

Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, as amended, provided:

“[Sec. 1. Declaration: acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled ‘An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor’, approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

Sec. 2. [Territory.] The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act [March 18, 1959], except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.

Sec. 3. [Constitution.] The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

Sec. 4. [Compact with United States.] As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State, as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian homeloan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the ‘available lands’, as defined by said Act, shall be used only in carrying out the provisions of said Act.

Sec. 5. [Title to property; land grants; reservation of lands; public school support; submerged lands.] (a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title.

“(b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States’ title to all the public lands and other public property, and to all lands defined as “available lands” by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.

“(c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be.

“(d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, of permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States.

“(e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii.

“(f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part, out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.

“(g) As used in this Act, the term ‘lands and other properties’ includes public lands and other public property, and the term ‘public lands and other public property’ means, and is limited to, the lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have been acquired in exchange for lands or properties so ceded.

“(h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union.

“(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Hawaii, and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86–624, §41, July 12, 1960, 74 Stat. 422.)

Sec. 6. [Certification by President; proclamation for elections.] As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

Sec. 7. [Election of officers; date; propositions; certification of voting results; proclamation by President.] (a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Hawaii for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Hawaii may prescribe. The Governor of Hawaii shall certify the results of said elections, as so ascertained, to the President of the United States.

“(b) At an election designated by proclamation of the Governor of Hawaii, which may be either the primary or the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:

“ ‘(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 November 7, 1950, shall be deemed amended as follows: Section 1 of article XIII of said proposed constitution shall be deemed amended so as to contain the language of section 2 of this Act in lieu of any other language; article XI shall be deemed to include the provisions of section 4 of this Act; and section 8 of article XIV shall be deemed amended so as to contain the language of the third proposition above stated in lieu of any other language, and section 10 of article XVI shall be deemed amended by inserting the words ‘at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected’ in lieu of the words ‘at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives to the Congress, and unless and until otherwise required by law, said Representatives shall be elected at large.’

“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.

“(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawaii, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act.

“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.

Sec. 8. [House of Representatives membership.] The State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter.

Sec. 9. [Judiciary provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union—

“(a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thenceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior;

“(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and

“(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words ‘Hawaii and’. The second sentence of the same section is amended by striking out the words ‘Hawaii and’, ‘six and’, and ‘respectively’.

Sec. 10. [Judicial provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words ‘including the district courts of the United States for the districts of Hawaii and Puerto Rico,’ and inserting in lieu thereof the words ‘including the United States District for the District of Puerto Rico,’.

Sec. 11. [Judicial provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union—

“(a) the last paragraph of section 501 of title 28. United States Code, is repealed;

“(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words ‘, except in the district of Hawaii, where the term shall be six years’;

“(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words ‘, except in the district of Hawaii where the term shall be six years’; and

“(d) subsection (d) of section 541 of title 28, United States Code, is repealed.

Sec. 12. [Continuation of suits.] No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power to proceed with the same, and award mesne or final process therein, and all the files, records, indictments, and proceedings relating to any such writ, action, indictment, cause or proceeding shall be transferred to such appropriate State courts and the same shall be proceeded with therein in due course of law.

“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.

Sec. 13. [Appeals.] Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Hawaii or the Supreme Court of the Territory of Hawaii in any case finally decided prior to admission of said State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided prior to admission of said State into the Union, and any mandate issued subsequent to the admission of said State shall be to the United States District Court for the District of Hawaii or a court of the State, as may be appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Hawaii and of the Supreme Court of the State of Hawaii as successor to the Supreme Court of the Territory of Hawaii, in any case pending at the time of admission of said State into the Union, and the United States Court of Appeals for the Ninth Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of said State into the Union.

Sec. 14. [Judicial and criminal provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union—

“(a) title 28, United States Code, section 1252, is amended by striking out ‘Hawaii and’ from the clause relating to courts of record;

“(b) title 28, United States Code, section 1293, is amended by striking out the words ‘First and Ninth Circuits’ and by inserting in lieu thereof ‘First Circuit’, and by striking out the words, ‘supreme courts of Puerto Rico and Hawaii, respectively’ and inserting in lieu thereof ‘supreme court of Puerto Rico’;

“(c) title 28, United States Code, section 1294, as amended, is further amended by striking out paragraph (4) thereof and by renumbering paragraphs (5) and (6) accordingly;

“(d) the first paragraph of section 373 of title 28, United States Code, as amended, is further amended by striking out the words ‘United States District Courts for the districts of Hawaii or Puerto Rico,’ and inserting in lieu thereof the words ‘United States District Court for the District of Puerto Rico,’; and by striking out the words ‘and any justice of the Supreme Court of the Territory of Hawaii’: Provided, That the amendments made by this subsection shall not affect the rights of any judge or justice who may have retired before the effective date of this subsection: And provided further, That service as a judge of the District Court for the Territory of Hawaii or as a judge of the United States District Court for the District of Hawaii or as a justice of the Supreme Court of the Territory of Hawaii or as a judge of the circuit courts of the Territory of Hawaii shall be included in computing under section 371, 372, or 373 of title 28, United States Code, the aggregate years of judicial service of any person who is in office as a district judge for the District of Hawaii on the date of enactment of this Act;

“(e) section 92 of the act of April 30, 1900 (ch. 339, 31 Stat. 159), as amended, and the Act of May 29, 1928 (ch. 904, 45 Stat. 997), as amended, are repealed;

“(f) section 86 of the Act approved April 30, 1900 (ch. 339, 31 Stat. 158), as amended, is repealed;

“(g) section 3771 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Hawaii and Puerto Rico’ and inserting in lieu thereof the words ‘Supreme Court of Puerto Rico’;

“(h) section 3772 of title 18, United States Code, as heretofore amended, is further amended by striking out from the first paragraph of such section the words ‘Supreme Courts of Hawaii and Puerto Rico’ and inserting in lieu thereof the words ‘Supreme Court of Puerto Rico’;

“(i) section 91 of title 28, United States Code, as heretofore amended, is further amended by inserting after ‘Kure Island’ and before ‘Baker Island’ the words ‘Palmyra Island,’; and

“(j) the Act of June 15, 1950, (64 Stat. 217; 48 U.S.C., sec. 644a), is amended by inserting after ‘Kure Island’ and before ‘Baker Island’ the words ‘Palmyra Island.’.

Sec. 15. [Laws in effect.] All Territorial laws in force in the Territory of Hawaii at the time of its admission into the Union shall continue in force in the State of Hawaii, except as modified or changed by this Act or by the constitution of the State, and shall be subject to repeal or amendment by the Legislature of the State of Hawaii, except as provided in section 4 of this Act with respect to the Hawaiian Homes Commission Act, 1920, as amended; and the laws of the United States shall have the same force and effect within the said State as elsewhere within the United States: Provided, That, except as herein otherwise provided, a Territorial law enacted by the Congress shall be terminated two years after the date of admission of the State of Hawaii into the Union or upon the effective date of any law enacted by the State of Hawaii which amends or repeals it, whichever may occur first. As used in this section, the term ‘Territorial laws’ includes (in addition to laws enacted by the Territorial Legislature of Hawaii) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Hawaii prior to its admission into the Union, and the term ‘laws of the United States’ includes all laws or parts thereof enacted by the Congress that (1) apply to or within Hawaii at the time of its admission into the Union, (2) are not ‘Territorial laws’ as defined in this paragraph, and (3) are not in conflict with any other provision of this Act.

Sec. 16. [Hawaii National Park; military and naval lands; civil and criminal jurisdiction.] (a) Notwithstanding the admission of the State of Hawaii into the Union, the United States shall continue to have sole and exclusive jurisdiction over the area which may then or thereafter be included in Hawaii National Park, saving, however, to the State of Hawaii the same rights as are reserved to the Territory of Hawaii by section 1 of the Act of April 19, 1930 (46 Stat. 227), and saving, further, to persons then or thereafter residing within such area the right to vote at all elections held within the political subdivisions where they respectively reside. Upon the admission of said State all references to the Territory of Hawaii in said Act or in other laws relating to Hawaii National Park shall be deemed to refer to the State of Hawaii. Nothing contained in this Act shall be construed to affect the ownership and control by the United States of any lands or other property within Hawaii National Park which may now belong to, or which may hereafter be acquired by, the United States.

“(b) Notwithstanding the admission of the State of Hawaii into the Union, authority is reserved in the United States, subject to the proviso hereinafter set forth, for the exercise by the Congress of the United States of the power of exclusive legislation, as provided by article I, section 8, clause 17, of the Constitution of the United States, in all cases whatsoever over such tracts or parcels of land as, immediately prior to the admission of said State, are controlled or owned by the United States and held for Defense or Coast Guard purposes, whether such lands were acquired by cession and transfer to the United States by the Republic of Hawaii and set aside by Act of Congress or by Executive order or proclamation of the President or the Governor of Hawaii for the use of the United States, or were acquired by the United States by purchase, condemnation, donation, exchange, or otherwise: Provided, (i) That the State of Hawaii shall always have the right to serve civil or criminal process within the said tracts or parcels of land in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the said State but outside of the said tracts or parcels of land; (ii) that the reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over the lands aforesaid shall not operate to prevent such lands from being a part of the State of Hawaii, or to prevent the said State from exercising over or upon such lands, concurrently with the United States, any jurisdiction whatsoever which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by the Congress pursuant to such reservation of authority; and (iii) that such power of exclusive legislation shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for Defense or Coast Guard purposes: Provided, however, That the United States shall continue to have sole and exclusive jurisdiction over such military installations as have been heretofore or hereafter determined to be critical areas as delineated by the President of the United States and/or the Secretary of Defense.

Sec. 17. [Federal Reserve Act; amendment.] The next to last sentence of the first paragraph of section 2 of the Federal Reserve Act (38 Stat. 251) as amended by section 19 of the Act of July 7, 1958, (72 Stat. 339, 350) is amended by inserting after the word ‘Alaska’ the words ‘or Hawaii.’

Sec. 18. [Maritime matters.] (a) Nothing contained in this Act shall be construed as depriving the Federal Maritime Board of the exclusive jurisdiction heretofore conferred on it over common carriers engaged in transportation by water between any port in the State of Hawaii and other ports in the United States, or possessions, or as conferring on the Interstate Commerce Commission jurisdiction over transportation by water between any such ports.

“(b) Effective on the admission of the State of Hawaii into the Union—

“(1) the first sentence of section 506 of the Merchant Marine Act, 1936 as amended (46 U.S.C., sec. 1156), is amended by inserting before the words ‘an island possession or island territory’, the words ‘the State of Hawaii, or’;

“(2) section 605(a) of the Merchant Marine Act, 1936, as amended (46 U.S.C., sec. 1175), is amended by inserting before the words ‘an island possession or island territory’, the words ‘the State of Hawaii, or’; and

“(3) the second paragraph of section 714 of the Merchant Marine Act, 1936, as amended (46 U.S.C., sec. 1204), is amended by inserting before the words ‘an island possession or island territory’ the words ‘the State of Hawaii, or’. (As amended Pub. L. 86–624, §46, July 12, 1960, 74 Stat. 423.)

Sec. 19. [United States Nationality.] Nothing contained in this Act shall operate to confer United States nationality, nor to terminate nationality heretofore lawfully acquired, or restore nationality heretofore lost under any law of the United States or under any treaty to which the United States is or was a party.

Sec. 20. [Immigration and Nationality Act; amendments.] (a) Section 101(a)(36) of the Immigration and Nationality Act (66 Stat. 170, 8 U.S.C., sec. 1101(a)(36)) is amended by deleting the word ‘Hawaii,’.

“(b) Section 212(d)(7) of the Immigration and Nationality Act (66 Stat. 188, 8 U.S.C. 1182(d)(7) is amended by deleting from the first sentence thereof the word ‘Hawaii,’ and by deleting the proviso to said first sentence.

“(c) The first sentence of section 310(a) of the Immigration and Nationality Act, as amended (66 Stat. 239, 8 U.S.C. 1421(a), 72 Stat. 351) is further amended by deleting the words ‘for the Territory of Hawaii, and’.

“(d) Nothing contained in this Act shall be held to repeal, amend, or modify the provisions of section 305 of the Immigration and Nationality Act (66 Stat. 237, 8 U.S.C. 1405).

Sec. 21. [Aircraft purchase loans. ] Effective upon the admission of the State of Hawaii into the Union, section 3, subsection (b), of the Act of September 7, 1957 (71 Stat. 629), is amended by substituting the words ‘State of Hawaii’ for the words ‘Territory of Hawaii’.

Sec. 22. [Severability clause.] If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word in other circumstances shall not be affected thereby.

Sec. 23. [Repeal of inconsistent laws.] All Acts or parts of Acts in conflict with the provisions of this Act, whether passed by the legislature of said Territory or by Congress, are hereby repealed.”

Hawaiian Home Lands Recovery

Pub. L. 104–42, title II, Nov. 2, 1995, 109 Stat. 357, provided that:

“SEC. 201. SHORT TITLE

“This title may be cited as the ‘Hawaiian Home Lands Recovery Act’.

“SEC. 202. DEFINITIONS.

“As used in this title:

“(1) Agency.—The term ‘agency’ includes—

“(A) any instrumentality of the United States;

“(B) any element of an agency; and

“(C) any wholly owned or mixed-owned corporation of the United States Government.

“(2) Beneficiary.—The term ‘beneficiary’ has the same meaning as is given the term ‘native Hawaiian’ under section 201(7) of the Hawaiian Homes Commission Act [former 48 U.S.C. 692(7)].

“(3) Chairman.—The term ‘Chairman’ means the Chairman of the Hawaiian Homes Commission of the State of Hawaii.

“(4) Commission.—The term ‘Commission’ means the Hawaiian Homes Commission established by section 202 of the Hawaiian Homes Commission Act [former 48 U.S.C. 693].

“(5) Hawaiian homes commission act.—The term ‘Hawaiian Homes Commission Act’ means the Hawaiian Homes Commission Act, 1920 (42 Stat. 108 et. seq., chapter 42) [Act July 9, 1921, ch. 42, former 48 U.S.C. 691 et seq.].

“(6) Hawaii state admission act.—The term ‘Hawaii State Admission Act’ means the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 [Pub. L. 86–3] (73 Stat. 4, chapter 339; 48 U.S.C. note prec. 491).

“(7) Lost use.—The term ‘lost use’ means the value of the use of the land during the period when beneficiaries or the Hawaiian Homes Commission have been unable to use lands as authorized by the Hawaiian Homes Commission Act because of the use of such lands by the Federal Government after August 21, 1959.

“(8) Secretary.—The term ‘Secretary’ means the Secretary of the Interior.

“SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

“(a) Determination.—

“(1) The Secretary shall determine the value of the following:

“(A) Lands under the control of the Federal Government that—

“(i) were initially designated as available lands under section 203 of the Hawaiian Homes Commission Act [former 48 U.S.C. 697] (as in effect on the date of enactment of such Act [July 9, 1921]); and

“(ii) were nevertheless transferred to or otherwise acquired by the Federal Government.

“(B) The lost use of lands described in subparagraph (A).

“(2)(A) Except as provided in subparagraph (B), the determinations of value made under this subsection shall be made not later than 1 year after the date of enactment of this Act [Nov. 2, 1995]. In carrying out this subsection, the Secretary shall use a method of determining value that—

“(i) is acceptable to the Chairman; and

“(ii) is in the best interest of the beneficiaries.

“(B) The Secretary and the Chairman may mutually agree to extend the deadline for making determinations under this subparagraph beyond the date specified in subparagraph (A).

“(3) The Secretary and the Chairman may mutually agree, with respect to the determinations of value described in subparagraphs (A) and (B) of paragraph (1), to provide—

“(A) for making any portion of the determinations of value pursuant to subparagraphs (A) and (B) of paragraph (1); and

“(B) for making the remainder of the determinations with respect to which the Secretary and the Chairman do not exercise the option described in subparagraph (A), pursuant to an appraisal conducted under paragraph (4).

“(4)(A) Except as provided in subparagraph (C), if the Secretary and the Chairman do not agree on the determinations of value made by the Secretary under subparagraphs (A) and (B) of paragraph (1), or, pursuant to paragraph (3), mutually agree to determine the value of certain lands pursuant to this subparagraph, such values shall be determined by an appraisal. An appraisal conducted under this subparagraph shall be conducted in accordance with appraisal standards that are mutually agreeable to the Secretary and the Chairman.

“(B) If an appraisal is conducted pursuant to this subparagraph, during the appraisal process—

“(i) the Chairman shall have the opportunity to present evidence of value to the Secretary;

“(ii) the Secretary shall provide the Chairman a preliminary copy of the appraisal;

“(iii) the Chairman shall have a reasonable and sufficient opportunity to comment on the preliminary copy of the appraisal; and

“(iv) the Secretary shall give consideration to the comments and evidence of value submitted by the Chairman under this subparagraph.

“(C) The Chairman shall have the right to dispute the determinations of values made by an appraisal conducted under this subparagraph. If the Chairman disputes the appraisal, the Secretary and the Chairman may mutually agree to employ a process of bargaining, mediation, or other means of dispute resolution to make the determinations of values described in subparagraphs (A) and (B) of paragraph (1).

“(b) Authorization.—

“(1) Exchange.—Subject to paragraphs (2) and (5), the Secretary may convey Federal lands described in paragraph (5) to the Department of Hawaiian Home Lands in exchange for the continued retention by the Federal Government of lands described in subsection (a)(1)(A).

“(2) Value of lands.—(A) The value of any lands conveyed to the Department of Hawaiian Home Lands by the Federal Government in accordance with an exchange made under paragraph (1) may not be less than the value of the lands retained by the Federal Government pursuant to such exchange.

“(B) For the purposes of this subsection, the value of any lands exchanged pursuant to paragraph (1) shall be determined as of the date the exchange is carried out, or any other date determined by the Secretary, with the concurrence of the Chairman.

“(3) Lost use.—Subject to paragraphs (4) and (5), the Secretary may convey Federal lands described in paragraph (5) to the Department of Hawaiian Home Lands as compensation for the lost use of lands determined under subsection (a)(1)(B).

“(4) Value of lost use.—(A) the value of any lands conveyed to the Department of Hawaiian Home Lands by the Federal Government as compensation under paragraph (3) may not be less than the value of the lost use of lands determined under subsection (a)(1)(B).

“(B) For the purposes of this subparagraph, the value of any lands conveyed pursuant to paragraph (3) shall be determined as of the date that the conveyance occurs, or any other date determined by the Secretary, with the concurrence of the Chairman.

“(5) Federal lands for exchange.—(A) Subject to subparagraphs (B) and (C), Federal lands located in Hawaii that are under the control of an agency (other than lands within the National Park System or the National Wildlife Refuge System) may be conveyed to the Department of Hawaiian Home Lands under paragraphs (1) and (3). To assist the Secretary in carrying out this Act [title], the head of an agency may transfer to the Department of the Interior, without reimbursement, jurisdiction and control over any lands and any structures that the Secretary determines to be suitable for conveyance to the Department of Hawaiian Home Lands pursuant to an exchange conducted under this section.

“(B) No Federal lands that the Federal Government is required to convey to the State of Hawaii under section 5 of the Hawaii State Admission Act [section 5 of Pub. L. 86–3, set out above] may be conveyed under paragraph (1) or (3).

“(C) No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to an exchange made under this paragraph to the Department of Hawaiian Home Lands.

“(c) Available Lands.—

“(1) In general.—Subject to paragraphs (2) and (3), the Secretary shall require that lands conveyed to the Department of Hawaiian Home Lands under this Act [title] shall have the status of available lands under the Hawaiian Homes Commission Act.

“(2) Subsequent exchange of lands.—Notwithstanding any other provision of law, lands conveyed to the Department of Hawaiian Home Lands under this paragraph may subsequently be exchanged pursuant to section 204(3) of the Hawaiian Home Commission Act [former 48 U.S.C. 698(3)].

“(3) Sale of certain lands.—Notwithstanding any other provision of law, the Chairman may, at the time that lands are conveyed to the Department of Hawaiian Home Lands as compensation for lost use under this Act [title], designate lands to be sold. The Chairman is authorized to sell such land under terms and conditions that are in the best interest of the beneficiaries. The proceeds of such a sale 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)].

“(d) Consultation.—In carrying out their respective responsibilities under this section, the Secretary and the Chairman shall—

“(1) consult with the beneficiaries and organizations representing the beneficiaries; and

“(2) report to such organizations on a regular basis concerning the progress made to meet the requirements of this section.

“(e) Hold Harmless.—Notwithstanding any other provision of law, the United States shall defend and hold harmless the Department of Hawaiian Home Lands, the employees of the Department, and the beneficiaries with respect to any claim arising from the ownership of any land or structure that is conveyed to the Department pursuant to an exchange made under this section prior to the conveyance to the Department of such land or structure.

“(f) Screening.—

“(1) In general.—Notwithstanding any other provision of law, the Secretary of Defense and the Administrator of General Services shall, at the same time as notice is provided to Federal agencies that excess real property is being screened pursuant to applicable Federal laws (including regulations) for possible transfer to such agencies, notify the Chairman of any such screening of real property that is located within the State of Hawaii.

“(2) Response to notification.—Notwithstanding any other provision of law, not later than 90 days after receiving a notice under paragraph (1), the Chairman may select for appraisal real property, or at the election of the Chairman, portions of real property, that is the subject of a screening.

“(3) Selection.—Notwithstanding any other provision of law, with respect to any real property located in the State of Hawaii that, as of the date of enactment of this Act [Nov. 2, 1995], is being screened pursuant to applicable Federal laws for possible transfer (as described in paragraph (1)) or has been screened for such purpose, but has not been transferred or declared to be surplus real property, the Chairman may select all, or any portion of, such real property to be appraised pursuant to paragraph (4).

“(4) Appraisal.—Notwithstanding any other provision of law, the Secretary of Defense or the Administrator of General Services shall appriase [sic] the real property or portions of real property selected by the Chairman using the Uniform Standards for Federal Land Acquisition developed by the Interagency Land Acquisition Conference, or such other standard as the Chairman agrees to.

“(5) Request for conveyance.—Notwithstanding any other provision of law, not later than 30 days after the date of completion of such appraisal, the Chairman may request the conveyance to the Department of Hawaiian Home Lands of—

“(A) the appraised property; or

“(B) a portion of the appraised property, to the Department of Hawaiian Home Lands.

“(6) Conveyance.—Notwithstanding any other provision of law, upon receipt of a request from the Chairman, the Secretary of Defense or the Administrator of the General Services Administration shall convey, without reimbursement, the real property that is the subject of the request to the Department of Hawaiian Home Lands as compensation for lands identified under subsection (a)(1)(A) or lost use identified under subsection (a)(1)(B).

“(7) Real property not subject to recoupment.—Notwithstanding any other provision of law, any real property conveyed pursuant to paragraph (6) shall not be subject to recoupment based upon the sale or lease of the land by the Chairman.

“(8) Valuation.—Notwithstanding any other provision of law, the Secretary shall reduce the value identified under subparagraph (A) or (B) of subsection (a)(1), as determined pursuant to such subsection, by an amount equal to the appraised value of any excess lands conveyed pursuant to paragraph (6).

“(9) Limitation.—No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to this subsection to the Department of Hawaiian Home Lands.

“SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES COMMISSION ACT.

“(a) Notice to the Secretary.—Not later than 120 days after a proposed amendment to the Hawaiian Homes Commission Act is approved in the manner provided in section 4 of the Hawaii State Admission Act [section 4 of Pub. L. 86–3, set out above], the Chairman shall submit to the Secretary—

“(1) a copy of the proposed amendment;

“(2) the nature of the change proposed to be made by the amendment; and

“(3) an opinion regarding whether the proposed amendment requires the approval of Congress under section 4 of the Hawaii State Admission Act.

“(b) Determination by Secretary.—Not later than 60 days after receiving the materials required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall determine whether the proposed amendment requires the approval of Congress under section 4 of the Hawaii State Admission Act, and shall notify the Chairman and Congress of the determination of the Secretary.

“(c) Congressional Approval Required.—If, pursuant to subsection (b), the Secretary determines that the proposed amendment requires the approval of Congress, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives—

“(1) a draft joint resolution approving the amendment;

“(2) a description of the change made by the proposed amendment and an explanation of how the amendment advances the interests of the beneficiaries;

“(3) a comparison of the existing law (as of the date of submission of the proposed amendment) that is the subject of the amendment with the proposed amendment;

“(4) a recommendation concerning the advisability of approving the proposed amendment; and

“(5) any documentation concerning the amendments received from the Chairman.

“SEC. 205. LAND EXCHANGES.

“(a) Notice to the Secretary.—If the Chairman recommends for approval an exchange of Hawaiian Home Lands, the Chairman shall submit a report to the Secretary on the proposed exchange. The report shall contain—

“(1) a description of the acreage and fair market value of the lands involved in the exchange;

“(2) surveys and appraisals prepared by the Department of Hawaiian Home Lands, if any; and

“(3) an identification of the benefits to the parties of the proposed exchange.

“(b) Approval or Disapproval.—

“(1) In general.—Not later than 120 days after receiving the information required to be submitted by the Chairman pursuant to subsection (a), the Secretary shall approve or disapprove the proposed exchange.

“(2) Notification.—The Secretary shall notify the Chairman, the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives of the reasons for the approval or disapproval of the proposed exchange.

“(c) Exchanges Initiated by Secretary.—

“(1) In general.—The Secretary may recommend to the Chairman an exchange of Hawaiian Home Lands for Federal lands described in section 203(b)(5), other than lands described in subparagraphs (B) and (C) of such section. If the Secretary initiates a recommendation for such an exchange, the Secretary shall submit a report to the Chairman on the proposed exchange that meets the requirements of a report described in subsection (a).

“(2) Approval by chairman.—Not later than 120 days after receiving a recommendation for an exchange from the Secretary under paragraph (1), the Chairman shall provide written notification to the Secretary of the approval or disapproval of a proposed exchange. If the Chairman approves the proposed exchange, upon receipt of the written notification, the Secretary shall notify the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives of the approval of the Chairman of the proposed exchange.

“(3) Exchange.—Upon providing notification pursuant to paragraph (2) of a proposed exchange that has been approved by the Chairman pursuant to this section, the Secretary may carry out the exchange.

“(d) Selection and Exchange.—

“(1) In general.—Notwithstanding any other provision of law, the Secretary may—

“(A) select real property that is the subject of screening activities conducted by the Secretary of Defense or the Administrator of General Services pursuant to applicable Federal laws (including regulations) for possible transfer to Federal agencies; and

“(B) make recommendations to the Chairman concerning making an exchange under subsection (c) that includes such real property.

“(2) Transfer.—Notwithstanding any other provision of law, if the Chairman approves an exchange proposed by the Secretary under paragraph (1)—

“(A) the Secretary of Defense or the Administrator of General Services shall transfer the real property described in paragraph (1)(A) that is the subject of the exchange to the Secretary without reimbursement; and

“(B) the Secretary shall carry out the exchange.

“(3) Limitation.—No Federal lands that generate income (or would be expected to generate income) for the Federal Government may be conveyed pursuant to this subsection to the Department of Hawaiian Home Lands.

“(e) Surveys and Appraisals.—

“(1) Requirement.—The Secretary shall conduct a survey of all Hawaiian Home Lands based on the report entitled ‘Survey Needs for the Hawaiian Home Lands’, issued by the Bureau of Land Management of the Department of the Interior, and dated July 1991.

“(2) Other surveys.—The Secretary is authorized to conduct such other surveys and appraisals as may be necessary to make an informed decision regarding approval or disapproval of a proposed exchange.

“SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.

“(a) Designation.—

“(1) In general.—Not later than 120 days after the date of enactment of this Act [Nov. 2, 1995], the Secretary shall designate an individual from within the Department of the Interior to administer the responsibilities of the United States under this title and the Hawaiian Homes Commission Act.

“(2) Default.—If the Secretary fails to make an appointment by the date specified in paragraph (1), or if the position is vacant at any time thereafter, the Assistant Secretary for Policy, Budget, and Administration of the Department of the Interior shall exercise the responsibilities for the Department in accordance with subsection (b).

“(b) Responsibilities.—The individual designated pursuant to subsection (a) shall, in administering the laws referred to in such subsection—

“(1) advance the interests of the beneficiaries; and

“(2) assist the beneficiaries and the Department of Hawaiian Home Lands in obtaining assistance from programs of the Department of the Interior and other Federal agencies that will promote homesteading opportunities, economic self-sufficiency, and social well-being of the beneficiaries.

“SEC. 207. ADJUSTMENT.

“[Amended section 386a of Title 25, Indians.]

“SEC. 208. REPORT.

“(a) In General.—Not later than 180 days after the date of enactment of this Act [Nov. 2, 1995], the Chairman shall report to the Secretary concerning any claims that—

“(1) involve the transfer of lands designated as available lands under section 203 of the Hawaiian Homes Commission Act [former 48 U.S.C. 697] (as in effect on the date of enactment of such Act [July 9, 1921]); and

“(2) are not otherwise covered under this title.

“(b) Review.—Not later than 180 days after receiving the report submitted under subsection (a), the Secretary shall make a determination with respect to each claim referred to in subsection (a), whether, on the basis of legal and equitable considerations, compensation should be granted to the Department of Hawaiian Home Lands.

“(c) Compensation.—If the Secretary makes a determination under subsection (b) that compensation should be granted to the Department of Hawaiian Home Lands, the Secretary shall determine the value of the lands and lost use in accordance with the process established under section 203(a), and increase the determination of value made under subparagraphs (A) and (B) of section 203(a)(1) by the value determined under this subsection.

“SEC. 209. AUTHORIZATION.

“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.”

Consent to Amendment of Hawaiian Homes Commission Act, 1920

Pub. L. 105–21, June 27, 1997, 111 Stat. 235, provided: “That, as required by section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 4) [set out as a note above], the United States consents to the following amendments to the Hawaiian Homes Commission Act, 1920, adopted by the State of Hawaii in the manner required for State legislation:

“(1) Act 339 of the Session Laws of Hawaii, 1993.

“(2) Act 37 of the Session Laws of Hawaii, 1994.”

Pub. L. 102–398, Oct. 6, 1992, 106 Stat. 1953, provided: “That, as required by section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 4) [set out as a note above], the United States hereby consents to the following amendments to the Hawaiian Homes Commission Act, 1920, as amended, adopted by the State of Hawaii in the manner required for State legislation:

“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, Oct. 27, 1986, 100 Stat. 3143, provided: “That, as required by section 4 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 4) [set out as a note above], the United States hereby consents to all amendments to the Hawaiian Homes Commission Act, 1920, as amended, adopted between August 21, 1959, and June 30, 1985, by the State of Hawaii, either in the Constitution of the State of Hawaii or in the manner required for State legislation, except for Act 112 of 1981.”

Hawaii Omnibus Act

Pub. L. 86–624, July 12, 1960, 74 Stat. 411, as amended, provided:

“[Sec. 1. Short Title.] That this Act may be cited as the ‘Hawaii Omnibus Act’.

Sec. 2. [Printing outside United States.] Subsection (a) of section 2 of the Act of August 1, 1956 (70 Stat. 890), is amended by striking out the words ‘the continental United States’ and inserting in lieu thereof the words ‘the States of the United States and the District of Columbia’.

Sec. 3. [Soil Bank Act; amendment.] Section 113 of the Soil Bank Act, as amended, is amended to read as follows: ‘This subtitle B shall apply to the several States and, if the Secretary determines it to be in the national interest, to the Commonwealth of Puerto Rico and the Virgin Islands; and as used in this subtitle B, the term “State” includes Puerto Rico and the Virgin Islands.’

Sec. 4. [Armed Forces; amendment.] (a) Title 10, United States Code, section 101(2), is amended by striking out the words ‘Hawaii or’.

“(b) Title 10, United States Code, sections 802(11) and 802(12), are each amended by striking out the words ‘the main group of the Hawaiian Islands,’.

“(c) Title 10, United States Code, section 2662(c), is amended by striking out the word ‘, Hawaii,’.

“(d) Title 10, United States Code is amended by striking out clause (6) of section 4744; by renumbering clauses (7) through (9) as clauses (6) through (8); by amending redesignated clause (8) to read as follows: ‘The families of persons described in clauses (1), (2), (4), (5), and (7).’; and by striking out the words ‘clause (8) or (9)’ in the last sentence of such section and inserting in lieu thereof the words ‘clause (7) or (8)’.

Sec. 5. [Home Loan Bank Board.] (a) Paragraph (3) of section 2 of the Federal Home Loan Bank Act, as amended, is further amended by striking out the words ‘the Virgin Islands of the United States, and the Territory of Hawaii’ and by inserting in lieu thereof the words ‘and the Virgin Islands of the United States’.

“(b) Section 7 of the Home Owners’ Loan Act of 1933, as amended, is further amended by striking out the words ‘Territory of Hawaii’ and inserting in lieu thereof the words ‘State of Hawaii’.

Sec. 6. [National Housing Act; amendment.] The National Housing Act is amended by striking out the word ‘Hawaii,’ in sections 9, 210(d), 207(a)(7), 601(d), 713(q), and 801(g).

Sec. 7. [Securities and Exchange Commission.] (a) Paragraph (6) of section 2 of the Securities Act of 1933, as amended, is further amended by striking out the word ‘Hawaii.’.

“(b) Paragraph (16) of section 3(a) of the Securities Exchange Act of 1934, as amended, is further amended by striking out the word ‘Hawaii,’.

“(c) Paragraph (37) of section 2(a) and paragraph (1) of section 6(a) of the Investment Company Act of 1940, as amended, are each amended by striking out the word ‘Hawaii,’.

“(d) Paragraph (18) of section 202(a) of the Investment Advisers Act of 1940, as amended, is further amended by striking out the word ‘Hawaii,’.

Sec. 8. [Soil Conservation and Domestic Allotment Act; amendment.] (a) Section 8(b) of the Soil Conservation and Domestic Allotment Act, as amended, is further amended by striking out the words ‘in the continental United States, except in Alaska,’ and inserting in lieu thereof the words ‘in the States of the Union, except Alaska,’.

“(b) Section 17(a) of the Soil Conservation and Domestic Allotment Act, as amended, is further amended to read as follows: ‘This Act shall apply to the States, the Commonwealth of Puerto Rico, and the Virgin Islands, and, as used in this Act, the term “State” includes Puerto Rico and the Virgin Islands.’

Sec. 9. [Water Storage and Utilization.] Section 1 of the Act of August 28, 1937 (50 Stat. 869), as amended, is further amended by striking out the words ‘the United States, including the Territories of Alaska and Hawaii, and Puerto Rico and the Virgin Islands’ and inserting in lieu thereof the words ‘the States of the United States and in Puerto Rico and the Virgin Islands’.

Sec. 10. [Wildlife Restoration.] Section 2 of the Act of September 2, 1937 (50 Stat. 917), as amended, is further amended by striking out the words ‘; and the term “State” shall be construed to mean and include the several States and the Territory of Hawaii’.

Sec. 11. [Fishery Resources.] The Act of Aug. 4, 1947 (61 Stat. 726), is amended—

“(a) by striking out the words ‘the Territories and island possessions of the United States’ and inserting in lieu thereof the words ‘the United States and its island possessions’ in section 1 and 2;

“(b) by striking out the words ‘Territory of Hawaii and’ in section 1;

“(c) by striking out the word ‘Territorial’ and inserting in lieu thereof the word ‘State’ in section 3; and

“(d) by striking out the words ‘Hawaiian Islands’ and ‘Territory of Hawaii’ and inserting in lieu thereof, in both cases, the words ‘State of Hawaii’ in section 4.

Sec. 12. [Fish Restoration.] Section 2(d) of the Act of August 9, 1950 (64 Stat. 431), as amended, is further amended by striking out the words ‘; and the term “State” shall be construed to mean and include the several States and the Territory of Hawaii’.

Sec. 13. [Criminal Code; amendments.] (a) Title 18, United States Code, section 1401, is amended by striking out the words ‘the Territory of Alaska, the Territory of Hawaii,’.

“(b) Title 18, United States Code, section 5024, is amended by striking out the words preceding the first comma and inserting in lieu thereof the words ‘This chapter shall apply in the States of the United States’.

“(c) Section 6 of Public Law 85–752, as amended, is further amended by striking out the words preceding the first comma and inserting in lieu thereof the words ‘Sections 3 and 4 of this Act shall apply in the States of the United States’.

Sec. 14. [Education.] (a)(1) Subsection (a) of section 103 of the National Defense Education Act of 1958, relating to definition of State, is amended by striking out ‘Hawaii,’ each time it appears therein.

“(2)(A) Paragraph (2), and subparagraph (C) of paragraph (3), of subsection (a) of section 302 of such Act, relating to allotments for science, mathematics, and foreign language instruction equipment, are each amended by striking out ‘continental United States’ each time it appears therein and inserting in lieu thereof ‘United States’.

“(B) Effective in the case of promulgations of allotment ratios made, under section 302 of such Act, after enactment of this Act and before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, subparagraph B of such paragraph (3) is amended to read:

“ ‘(B) The term “United States” means the continental United States (excluding Alaska and Hawaii)’.

“(C) Effective in the case of promulgations of allotment ratios made under such section 302 after such data for a full year are available from the Department of Commerce, subparagraph (B) of such paragraph (3) is amended to read:

“ ‘(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.

“(3) Section 1008 of such Act, relating to allotments to territories, is amended by striking out ‘Hawaii,’.

“(b)(1) Section 4 of the Act of March 10, 1924 (43 Stat. 18), extending the benefits of the Smith-Hughes vocational education law to Hawaii, is repealed.

“(2) The last sentence of section 2 of the Act of February 23, 1917 (39 Stat. 930), relating to allotments for salaries of teachers of agricultural subjects, is amended by striking out ‘$27,000’ and inserting in lieu thereof ‘$28,500’. The last sentence of section 4 of such Act, as amended, relating to allotments for teacher training, is amended by striking out ‘$98,500’ and inserting in lieu thereof ‘$105,200’.

“(3) Paragraph (1) of section 2 of the Vocational Education Act of 1946, relating to definition of States and Territories, is amended by striking out ‘the Territory of Hawaii,’.

“(4) Subsection (e) of section 210 and subsection (a) of section 307 of such Act, relating to definition of State are each amended by striking out ‘Hawaii,’.

“(c) Paragraph (13) of section 15 of the Act of September 23, 1950 (64 Stat. 967), as amended, relating to definition of State, is amended by striking out ‘Hawaii,’.

“(d)(1) The material in the parentheses in the first sentence of subsection (d) of section 3 of the Act of September 30, 1950, as amended, relating to determination of local contribution rate, is amended to read: ‘(other than a local educational agency in Puerto Rico, Wake Island, Guam, or the Virgin Islands, or in a State in which a substantial proportion of the land is in unorganized territory for which a State agency is the local educational agency, or in a State in which there is only one local educational agency)’.

“(2) The fourth sentence of such subsection is amended by striking out ‘in the continental United States (including Alaska)’ and inserting in lieu thereof ‘(other than Puerto Rico, Wake Island, Guam, or the Virgin Islands)’ and by striking out ‘continental United States’ in clause (ii) of such sentence and inserting in lieu thereof ‘United States (which for purposes of this sentence and the next sentence means the fifty States and the District of Columbia)’. The fifth sentence of such subsection is amended by striking out ‘continental’ before ‘United States’ each time it appears therein and by striking out ‘(including Alaska)’.

“(3) The last sentence of such subsection is amended by striking out ‘Hawaii,’ and by inserting after ‘for which a State agency is the local educational agency,’ the following: ‘or in any State in which there is only one local educational agency,’.

“(4) Paragraph (8) of section 9 of such Act, relating to definition of State, is amended by striking out ‘Hawaii,’.

“(e) Notwithstanding the last sentence of subsection (b) of section 5 of the Act entitled ‘An Act to provide for the admission of the State of Hawaii into the Union’, approved March 18, 1959 (73 Stat. 4; Public Law 86–3), there is hereby authorized to be appropriated to the State of Hawaii the sum of $6,000,000. Amounts appropriated under this subsection shall be held and considered to be granted to such State subject to those provisions of the Act entitled ‘An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts’, approved July 2, 1862 (7 U.S.C. 301–308), applicable to the proceeds from the sale of land or land scrip.

Sec. 15. [Importation of Milk and Cream.] Subsection (b) of section 9 of the Act of February 15, 1927 (44 Stat. 1103), as amended, is amended to read:

“ ‘(b) The term “United States” means the fifty States and the District of Columbia.’

Sec. 16. [Opium Poppy Control.] Section 12 of the Opium Poppy Control Act of 1942, as amended, is further amended by deleting therefrom the words ‘the Territory of Hawaii,’.

Sec. 17. [Highways.] (a) The definition of the term ‘State’ in title 23, United States Code, section 101(a), is amended to read as follows:

“ ‘The term “State” means any one of the fifty States, the District of Columbia, or Puerto Rico.’

“(b) Sections 103(g) and 105(e) of title 23, United States Code, are repealed.

“(c) Section 103(d) of title 23, United States Code, is amended to read as follows:

“ ‘(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.’

“(d) Notwithstanding any other provision of law, for the purpose of expediting the construction, reconstruction, or improvement, inclusive of necessary bridges and tunnels, of the Interstate System, including extensions thereof through urban areas, designated in accordance with section 103(d) of title 23, United States Code, as amended by section 1 of this Act, the sum of $12,375,000 shall be apportioned to the State of Hawaii out of the sum authorized to be appropriated for the Interstate System for the fiscal year ending June 30, 1962, under the provisions of section 108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), as amended by section 7(a) of the Federal-Aid Highway Act of 1958 (72 Stat. 89), such apportionment to be made at the same time such funds are apportioned to other States. The total sum to be apportioned under section 104(b)(5) of title 23, United States Code, for the fiscal year ending June 30, 1962, among the States other than Hawaii, shall be reduced by said sum apportioned to the State of Hawaii under this section. The Secretary of Commerce shall apportion funds to the State of Hawaii for the Interstate System for the fiscal year 1963 and subsequent fiscal years pursuant to the provisions of said section 104(b)(5) of title 23, United States Code, and, in preparing the estimates required by that section, he shall take into account the apportionment made to the State of Hawaii under this section.

“(e) Section 127 of title 23, United States Code, is amended by adding at the end thereof the following sentence: ‘With respect to the State of Hawaii, laws or regulations in effect on February 1, 1960, shall be applicable for the purposes of this section in lieu of those in effect on July 1, 1956.’

Sec. 18. [Internal Revenue.] (a) Section 4262(c)(1) of the Internal Revenue Code of 1986 (relating to the definition of ‘continental United States’ for purposes of the tax on transportation of persons) is amended to read as follows:

“ ‘(1) Continental United States.—The term “continental United States” means the District of Columbia and the States other than Alaska and Hawaii.’

“(b) Section 2202 of the Internal Revenue Code of 1986 (relating to missionaries in foreign service) is amended by striking out ‘the State, the District of Columbia, or Hawaii’ and inserting in lieu thereof ‘the State or the District of Columbia’.

“(c) Section 3121(e)(1) of the Internal Revenue Code of 1986 (relating to a special definition of ‘State’) is amended by striking out ‘Hawaii,’.

“(d) Sections 3306(j) and 4233(b) of the Internal Revenue Code of 1986 (each relating to a special definition of ‘State’) are amended by striking out ‘Hawaii, and’.

“(e) Section 4221(d)(4) of the Internal Revenue Code of 1986 (relating to a special definition of ‘State or local government’) is amended to read as follows:

“ ‘(4) State or local government.—The term “State or local government” means any State, any political subdivision thereof, or the District of Columbia.’

“(f) Section 4502(5) of the Internal Revenue Code of 1986 (relating to definition of ‘United States’) is amended by striking out ‘the Territory of Hawaii,’.

“(g) Section 4774 of the Internal Revenue Code of 1986 (relating to territorial extent of law) is amended by striking out ‘the Territory of Hawaii,’.

“(h) Section 7653(d) of the Internal Revenue Code of 1986 (relating to shipments from the United States) is amended by striking out ‘, its possessions or the Territory of Hawaii’ and inserting in lieu thereof ‘or its possessions’.

“(i) Section 7701(a)(9) of the Internal Revenue Code of 1986 (relating to definition of ‘United States’) is amended by striking out ‘, the Territory of Hawaii,’.

“(j) Section 7701(a)(10) of the Internal Revenue Code of 1986 (relating to definition of ‘State’) is amended by striking out ‘the Territory of Hawaii and’.

“(k) The amendments contained in subsections (a) through (j) of this section shall be effective as of August 21, 1959. (As amended Pub. L. 99–514, §2, Oct. 22, 1986, 100 Stat. 2095.)

Sec. 19. [Courts; Kure Island.] Title 28, United States Code, section 91, and the Act of June 15, 1950 (64 Stat. 217), as amended, are each amended by striking out the words ‘Kure Island,’.

Sec. 20. [Vocational Rehabilitation Act; amendment.] (a) Subsection (g) of section 11 of the Vocational Rehabilitation Act, relating to definition of ‘State’, is amended by striking out ‘Hawaii,’.

“(b)(1) Subsections (h) and (i) of such section, relating to definition of allotment percentages and Federal shares for purposes of allotment and matching for vocational rehabilitation services grants, are each amended by striking out ‘continental United States’ and inserting in lieu thereof ‘United States’ and by striking out ‘(including Alaska)’.

“(2) Paragraph (1) of such subsection (h) is further amended by striking out ‘the allotment percentage for Hawaii shall be 50 per centum, and’ in clause (B).

“(3) Subsection (h) of such section is further amended by adding at the end thereof the following new paragraphs:

“ ‘(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.’

“(4) Subsection (i) of such section is further amended by striking out ‘the Federal share for Hawaii shall be 60 per centum, and’ in clause (B).

Sec. 21. [Labor.] (a) Section 3(b) of the Act of June 6, 1933 (48 Stat. 114), as amended, is further amended by striking out the words ‘Hawaii, Alaska,’.

“(b) Section 13(f) of the Fair Labor Standards Act, as amended, is further amended by striking out the words ‘Alaska; Hawaii;’.

“(c) Section 17 of the Fair Labor Standards Act, as amended, is further amended by striking out the words ‘the District Court for the Territory of Alaska,’.

“(d) Section 3(a)(9) of the Welfare and Pension Plans Disclosure Act is amended by striking out the word ‘Hawaii,’.

Sec. 22. [National Guard.] Title 32, United States Code, section 101(1), is amended by striking out the words ‘Hawaii or’.

Sec. 23. [Water Pollution Control Act; amendment.] (a)(1) Subsection (h) of section 5 of the Federal Water Pollution Control Act, relating to Federal share for purposes of program operation grants, is amended by striking out ‘continental United States’ and inserting in lieu thereof ‘United States’, by striking out ‘(including Alaska)’, and by striking out, in clause (B) of paragraph (1), ‘for Hawaii shall be 50 per centum, and’.

“(2) Such subsection is further amended by adding at the end thereof the following new paragraphs:

“ ‘(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.’

“(b) Subsection (d) of section 11 of such Act, relating to definition of ‘State’, is amended by striking out ‘Hawaii,’.

Sec. 24. [Coast and Geodetic Survey.] The first sentence of section 1 of the Act of August 3, 1956 (70 Stat. 988), is amended by striking out the words ‘the several States’ and inserting in lieu thereof the words ‘the States of the continental United States, excluding Alaska.’

Sec. 25. [Veterans’ Administration.] (a) Title 33, United States Code, section 624(a), is amended by striking out the words ‘outside the continental limits of the United States, or a Territory, Commonwealth, or possession of the United States’ and inserting in lieu thereof ‘outside any State’.

“(b) The first sentence of title 38, United States Code, section 903(b) [now 2303(b)], is amended to read as follows: ‘In addition to the foregoing, when such a death occurs in the continental United States or Hawaii, the Administrator shall transport the body to the place of burial in the continental United States or Hawaii.’

“(c) Title 38, United States Code, section 2007(c) [now 4107(c)], is amended by striking out the word ‘Hawaii,’.

Sec. 26. [Davis-Bacon Act; amendment.] Section 1 of the Act of March 3, 1931 (46 Stat. 1494), as amended, is further amended by striking out the words ‘, the Territory of Alaska, the Territory of Hawaii,’ and the words ‘, or the Territory of Alaska, or the Territory of Hawaii.’

Sec. 27. [Federal Property and Administrative Services Act; amendment.] The Federal Property and Administrative Services Act of 1949, as amended, is further amended by—

“(a) striking out the words ‘continental United States (including Alaska), Hawaii,’ in section 3(f) and inserting in lieu thereof the words ‘States of the Union, the District of Columbia,’;

“(b) striking out the words ‘continental United States, its Territories, and possessions’ in section 211(j) and inserting in lieu thereof the words ‘States of the Union, the District of Columbia, Puerto Rico, and the possessions of the United States’;

“(c) striking out the words ‘continental limits of the United States’ in section 404(c) and inserting in lieu thereof the words ‘States of the Union and the District of Columbia’; and

“(d) striking out the words ‘and the Territory of Hawaii’ in section 702(a).

Sec. 28. [Buy American Act; amendment.] Section 1(b) of title III of the Act of March 3, 1933 (47 Stat. 1520), as amended, is amended by striking out the word ‘Hawaii,’.

Sec. 29. [Public Health Service Act; amendment.] (a) Subsection (f) of section 2 of the Public Health Service Act, relating to definition of State, is amended by striking out ‘Hawaii,’.

“(b) The first sentence of section 331 of such Act, relating to receipt and treatment of lepers, is amended by striking out ‘, Territory, or the District of Columbia’. The fifth sentence of such section is amended by striking out ‘the Territory of Hawaii’ and inserting in lieu thereof ‘Hawaii’.

“(c) Subsection (c) of section 361 of such Act, relating to regulations governing apprehension and detention of persons to prevent the spread of a communicable disease, is amended by striking out ‘, the Territory of Hawaii,’.

“(d)(1) Clause (2) of subsection (a) of section 631 of such Act, relating to definition of allotment percentage for purposes of allotments for construction of hospitals and other medical service facilities, is amended by striking out ‘the allotment percentage for Hawaii shall be 50 per centum, and’.

“(2) Such subsection is further amended by striking out ‘continental United States (including Alaska)’ and inserting in lieu thereof ‘United States’.

“(3) Subsection (b) of such section, relating to promulgation of allotment percentages, is amended by striking out ‘continental United States’ and inserting in lieu thereof ‘United States’. Such subsection is further amended by inserting ‘(1)’ after ‘(b)’ and by adding at the end thereof the following new paragraphs:

“ ‘(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;’.

“(4) Subsection (d) of such section, relating to definition of State, is further amended by striking out ‘Hawaii,’.

Sec. 30. [Social Security Act; amendment.] (a)(1) Paragraph (8) of subsection (a) of section 1101 of the Social Security Act, relating to definition of Federal percentage for purposes of matching for public assistance grants, is amended by striking out ‘continental United States (including Alaska)’ and inserting in lieu thereof ‘United States’.

“(2) Subparagraph (A) of such paragraph is further amended by striking out ‘(i)’ and by striking out ‘, and (ii) the Federal percentage shall be 50 per centum for Hawaii’.

“(3) Such paragraph is further amended by adding after subparagraph (B) the following new subparagraphs:

“ ‘(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.’

“(b)(1) Subsections (a), (b), and (c) of section 524 of such Act, relating to the definition of allotment percentages and Federal shares for purposes of allotment and matching for child welfare services grants, are each amended by striking out ‘continental United States (including Alaska)’ and inserting in lieu thereof ‘United States’.

“(2) Such section is further amended by adding after subsection (c) the following new subsections:

“ ‘(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.’

“(c)(1) The last sentence of subsection (i) of section 202 of the Social Security Act is amended by striking out ‘forty-nine’ and inserting in lieu thereof ‘fifty’.

“(2) Subsections (h) and (i) of section 210 of such Act relating to definitions of State and United States for purposes of old-age, survivors, and disability insurance, are each amended by striking out ‘Hawaii,’. Such subsection (h) is further amended by striking out the comma after ‘District of Columbia’.

“(d)(1) Paragraph (1) of subsection (a) of section 1101 of such Act, relating to definition of State, is amended by striking out ‘Hawaii and’.

“(2) Paragraph (2) of such subsection, as amended relating to definition of ‘United States’, is amended by striking out ‘, Hawaii,’.

“(e) Subparagraph (C) and (G) of paragraph (6) of subsection (d) of section 218 of the Social Security Act, as amended, are each further amended by striking out ‘the Territory of’ and ‘or Territory’ each time they appear therein.

“(f) Subsection (p) of such section is amended by striking out ‘Territory of’.

“(g) The last sentence of subsection (a) of section 1501 of the Social Security Act is amended by striking out ‘Alaska, Hawaii,’.

Sec. 31. [Small Reclamation Projects.] The Small Reclamation Projects Act of 1956 (70 Stat. 1044), as heretofore and hereafter amended, shall apply to the State of Hawaii.

Sec. 32. [Congressional Record.] Section 73 of the Act of January 12, 1895 (28 Stat. 617), amended, is further amended by striking out the word ‘Hawaii,’ [Repealed by Pub. L. 90–620, §3, Oct. 22, 1968, 82 Stat 1310].

Sec. 33. [Federal Register.] Section 8 of the Federal Register Act (49 Stat. 502), as amended, is further amended by striking out the words ‘continental United States (including Alaska)’ and inserting in lieu thereof the words ‘States of the Union and the District of Columbia’ [Repealed by Pub. L. 90–620, §3, Oct. 22, 1968, 82 Stat. 1310].

Sec. 34. [Home Port of Vessels.] Section 1 of the Act of February 16, 1925 (43 Stat. 947), as amended, is further amended by striking out the words ‘Alaska, Hawaii, and’.

Sec. 35. [Merchant Marine Act, 1936.] (a) Subsection (a) of section 505 of the Merchant Marine Act, 1936, as amended, is further amended by adding at the end thereof the following new sentence: ‘For the purposes of this subsection, the term “continental limits of the United States” includes the States of Alaska and Hawaii.’

“(b) Section 606 of such Act, as amended, is further amended by adding at the end thereof the following new sentence: ‘For the purposes of this section, the term “continental limits of the United States” includes the States of Alaska and Hawaii.’

“(c) Section 702 of such Act, as amended, is further amended by adding at the end thereof the following new sentence: ‘For the purposes of this section, the term “continental United States” includes the States of Alaska and Hawaii.’

Sec. 36. [Communications Act; amendment.] Section 222(a)(10) of the Communications Act of 1934, is amended by striking out the words ‘the several States and the District of Columbia’ and inserting in lieu thereof the words ‘the District of Columbia and the States of the Union, except Hawaii’.

Sec. 37. [Aircraft Loan Guarantees.] Section 3 of the Act of September 7, 1957 (71 Stat. 629), as amended, is further amended by striking out the words ‘Territory of Hawaii’ and inserting in lieu thereof the words ‘State of Hawaii’.

Sec. 38. [Real property transactions.] Section 43(c) of the Act of August 10, 1956 (70A Stat. 636), as amended is further amended by striking out the words ‘United States, Hawaii,’ and inserting in lieu thereof the words ‘States of the Union, the District of Columbia,’.

Sec. 39. [Selective service.] Section 16(b) of the Universal Military Training and Service Act, as amended, is further amended by striking out the word ‘Hawaii,’.

Sec. 40. [Reports on Federal Land Use.] The President shall prescribe procedures to assure that the reports to be submitted to him by Federal agencies pursuant to section 5(e) of the Act of March 18, 1959 (73 Stat. 6), providing for the admission of the State of Hawaii into the Union, shall be prepared in accordance with uniform policies and coordinated within the executive branch.

Sec. 41. [Hawaiian Homes Commission Lands.] Section 5(b) of the Act of March 18, 1959 (73 Stat. 5), is amended by inserting, immediately following the words ‘public property’ the words ‘, and to all lands defined as “available lands” by section 203 of the Hawaiian Homes Commission Act, 1920, as amended,’.

Sec. 42. [Lease by United States of Public Property of Hawaii.] Until August 21, 1964, there shall be covered into the treasury of the State of Hawaii the rentals or consideration received by the United States with respect to public property taken for the uses and purposes of the United States under section 91 of the Hawaii Organic Act and thereafter by the United States leased, rented, or granted upon revocable permits to private parties.

Sec. 43. [Transfer of Records.] (a) There are hereby transferred to the State of Hawaii all records and other papers that were made or received by any Federal or territorial agency, or any predecessor thereof, in connection with the performance of functions assumed in whole or in substantial part by the State of Hawaii. There are hereby also transferred to the State of Hawaii all records and other papers in the custody of the Public Archives of Hawaii that were made or received by any Federal agency.

“(b) There are also hereby transferred to the State of Hawaii all books, publications, and legal reference materials which are owned by the United States and which were, prior to the admission of Hawaii to the Union, placed in the custody of courts, libraries, or territorial agencies in Hawaii in order to facilitate the performance of functions conferred on such courts or agencies by Federal law.

Sec. 44. [Use of G.S.A. Services or Facilities.] The Administrator of General Services is authorized to make available to the State of Hawaii such services or facilities as are determined by the Administrator to be necessary for an interim period, pending provision of such services or facilities by the State of Hawaii. Such interim period shall not extend beyond August 21, 1964. Payment shall be made to the General Services Administration by the State of Hawaii for the cost of such services or facilities to the Federal Government, as determined by the Administrator.

Sec. 45. [Purchase of Typewriters.] Title I of the Independent Offices Appropriation Act, 1960, is amended by striking out the words ‘for the purchase within the continental limits of the United States of any typewriting machines’ and inserting in lieu thereof ‘for the purchase within the States of the Union and the District of Columbia of any typewriting machines’.

Sec. 46. [Federal Maritime Board.] Section 18(a) of the Act of March 18, 1959 (73 Stat. 12), providing for the admission of the State of Hawaii into the Union, is amended by striking out the words ‘or is conferring’ and inserting in lieu thereof the words ‘or as conferring’.

Sec. 47. [Effective Dates.] (a) The amendments made by section 14(a)(2)(A), by section 23(a), by paragraphs (1), (2), and (3) of section 29(d), by subsection (b), and paragraphs (1) and (3) of subsection (a), of section 30, and, except as provided in subsection (g) of this section, by section 20(b) shall be applicable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after August 21, 1959.

“(b) The amendments made by paragraph (2) of section 30(a) shall be effective with the beginning of the calendar quarter in which this Act is enacted. The Secretary of Health, Education, and Welfare shall, as soon as possible after enactment of this Act, promulgate a Federal percentage for Hawaii determined in accordance with the provisions of subparagraph (B) of section 1101(a)(8) of the Social Security Act, such promulgation to be effective for the period beginning with the beginning of the calendar quarter in which this Act is enacted and ending with the close of June 30, 1961.

“(c) The amendment made by paragraphs (1) and (2) of subsection (b) and paragraphs (1), (2), and (3) of subsection (d) of section 14 shall be applicable in the case of fiscal years beginning after June 30, 1960.

“(d) The amendments made by paragraphs (1) and (3) of section 14(a) shall be applicable, in the case of allotments under section 302(b) or 502 of the National Defense Education Act of 1958, for fiscal years beginning after June 30, 1960, and, in the case of allotments under section 302(a) of such Act, for fiscal years beginning after allotment ratios, to which the amendment made by paragraph (2) of section 14(a) is applicable, are promulgated under such section 302(a).

“(e) The amendment made by section 30(c)(1) shall be applicable in the case of deaths occurring on or after August 21, 1959.

“(f) The amendments made by subsection (c), paragraphs (3) and (4) of subsection (b), and paragraph (4) of subsection (d) of section 14, by section 20(a), by section 23(b), by subsections (a), (b), and (c), and paragraph (4) of subsection (d), of section 29, and by subsection (d), and paragraph (2) of subsection (c), of section 30 shall become effective on August 21, 1959.

“(g)(1) The allotment percentage determined for Alaska under section 11(h) of the Vocational Rehabilitation Act, as amended by this Act, for the first, second, third, and fourth years for which such percentage is based on the per capita income data for Alaska shall be increased by 76 per centum, 64 per centum, 52 per centum, and 28 per centum, respectively, of the difference between such allotment percentage for the year involved and 75 per centum.

“(2) The Federal share for Alaska determined under section 11(i) of the Vocational Rehabilitation Act, as amended by this Act, for the first year for which such Federal share is based on per capita income data for Alaska shall be increased by 70 per centum of the difference between such Federal share for such year and 60 per centum.

“(3) If such first year for which such Federal share is based on per capita income data for Alaska is any fiscal year ending prior to July 1, 1962, the adjusted Federal share for Alaska for such year for purposes of section 2(b) of the Vocational Rehabilitation Act shall notwithstanding the provisions of paragraph (3)(A) of such section 2(b), be the Federal share determined pursuant to paragraph (2) of this subsection.

“(4) Section 47(c) of the Alaska Omnibus Act (Public Law 86–70) is repealed.

Sec. 48. [Administration of Palmyra, Midway, and Wake Islands.] Until Congress shall provide for the government of Palmyra Island, Midway Island, and Wake Island, all executive and legislative authority necessary for the civil administration of Palmyra Island, Midway Island and Wake Island, and all judicial authority other than that contained in the Act of June 15, 1950 (64 Stat. 217), as amended, shall continue to be vested in such person or persons and shall be exercised in such manner and through such agency or agencies as the President of the United States may direct or authorize. In the case of Palmyra Island, such person or persons may confer upon the United States District Court for the District of Hawaii such jurisdiction (in addition to that contained in such Act of June 15, 1950), and such judicial functions and duties as he or they may deem appropriate for the civil administration of such island.

Sec. 49. [Other Subjects.] The amendment by this Act of certain statutes by deleting therefrom specific references to Hawaii or such phrases as ‘Territory of Hawaii’ shall not be construed to affect the applicability or inapplicability in or to Hawaii of other statutes not so amended.

Sec. 50. [Separability.] If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.”

Conveyance of Certain Surplus Federal Lands in Hawaii

Pub. L. 88–233, Dec. 23, 1963, 77 Stat. 472

“[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 August 21, 1964, any of the public lands and other public property as defined in section 5(g) of Public Law 86–3 (73 Stat. 4, 6) [set out as a note above], or any lands acquired by the Territory of Hawaii and its subdivisions, which are the property of the United States pursuant to section 5(c) or become the property of the United States pursuant to section 5(d) of Public Law 86–3, except the lands administered pursuant to the Act of August 25, 1916 (39 Stat. 535), as amended [sections 1 to 4 of Title 16, Conservation] and (ii) whenever any of the lands of the United States on Sand Island, including the reef lands in connection therewith, in the city and county of Honolulu, are determined to be surplus property by the Administrator of General Services (hereinafter referred to as the “Administrator”) with the concurrence of the head of the department or agency exercising administration or control over such lands and property, they shall be conveyed to the State of Hawaii by the Administrator subject to the provisions of this Act.

“(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.

Sec. 2. [Public trust; terms and conditions.] Any lands, property, improvements, and proceeds conveyed or paid to the State of Hawaii under section 1 of this Act shall be considered a part of public trust established by section 5(f) of Public Law 86–3 [set out above], and shall be subject to the terms and conditions of that trust.”

Proc. No. 3309. Admission of the State of Hawaii Into the Union

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, provided:

WHEREAS the Congress of the United States by the act approved on March 18, 1959 (73 Stat. 4) [set out above], accepted, ratified, and confirmed the constitution adopted by a vote of the people of Hawaii in an election held on November 7, 1950, and provided for the admission of the State of Hawaii into the Union on an equal footing with the other States upon compliance with certain procedural requirements specified in that act; and

WHEREAS it appears from the information before me that a majority of the legal votes cast at an election on June 27, 1959, were in favor of each of the propositions required to be submitted to the people of Hawaii by section 7(b) of the act of March 18, 1959 [set out above]; and

WHEREAS it further appears from information before me that a general election was held on July 28, 1959, and that the returns of the general election were made and certified as provided in the act of March 18, 1959 [set out above]; and

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 March 18, 1959 [set out above], and have duly elected the officers required to be elected by that act:

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.

Dwight D. Eisenhower.      

[seal]

Ex. Ord. No. 11048. Administration of Wake Island and Midway Island

Ex. Ord. No. 11048, Sept. 4, 1962, 27 F.R. 8851, as amended by Ex. Ord. No. 13022, §1, Oct. 31, 1996, 61 F.R. 56875, provided:

By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86–624) [set out above] and section 301 of title 3 of the United States Code and as President of the United States, it is hereby ordered as follows:

Part I—Wake Island

Section 101. The Secretary of the Interior shall be responsible for the civil administration of Wake Island and all executive and legislative authority necessary for that administration, and all judicial authority respecting Wake Island other than the authority contained in the act of June 15, 1950 (64 Stat. 217), as amended (48 U.S.C. 644a), shall be vested in the Secretary of the Interior.

Sec. 102. The executive, legislative, and judicial authority provided for in section 101 of this order (1) may be exercised through such agency or agencies of the Department of the Interior, or through such officers or employees under the jurisdiction of the Secretary of the Interior, as the Secretary may direct or authorize, (2) may be exercised through such agency or agencies, other than or not in the Department of the Interior, or through such officers or employees of the United States not under the administrative supervision of the Secretary, for such time and under such conditions as may be agreed upon between the Secretary and such agency, agencies, officers or employees of the United States, and (3) shall be exercised in such manner as the Secretary, or any person or persons acting under the authority of the Secretary, may direct or authorize.

Sec. 103. Executive Order No. 6935 of December 29, 1934, to the extent that it pertains to Wake Island, is hereby superseded.

Part II—Midway Island

[Superseded by Ex. Ord. No. 13022, §1, Oct. 31, 1996, 61 F.R. 56875]

Part III—Miscellaneous Provisions

Section 301. The provisions of each of the foregoing Parts of this order shall continue in force until the Congress shall provide for the civil administration of the affected Island or until such earlier time as the President may specify.

Sec. 302. As used herein, the terms “Wake Island” and “Midway Island” include the reefs appurtenant to, and the territorial waters of, Wake Island and Midway Island, respectively.

Sec. 303. To the extent that any prior Executive order or proclamation is inconsistent with the provisions of this order, this order shall control.

Sec. 304. This order shall not be deemed to affect Executive Order No. 9709 of March 29, 1946, or Executive Order No. 9797 of November 6, 1946.

Sec. 305. Nothing in this order shall be deemed to reduce, limit, or otherwise modify the authority or responsibility of the Attorney General to represent the legal interests of the United States in civil or criminal cases arising under the provisions of the act of June 15, 1950.

Ex. Ord. No. 13022. Administration of the Midway Islands

Ex. Ord. No. 13022, Oct. 31, 1996, 61 F.R. 56875, provided:

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:

Section 1. The Midway Islands, Hawaiian group, and their territorial seas, located approximately between the parallels of 28 degrees 5 minutes and 28 degrees 25 minutes North latitude and between the meridians of 177 degrees 10 minutes and 177 degrees 30 minutes West longitude, were placed under the jurisdiction and control of the Department of the Navy by the provisions of Executive Order 199–A of January 20, 1903, and Part II of Executive Order 11048 of September 4, 1962, and are hereby transferred to the jurisdiction and control of the Department of the Interior. The provisions of Executive Order 199–A of January 20, 1903, and the provisions of Executive Order 11048 of September 4, 1962, that pertain to the Midway Islands are hereby superseded.

Sec. 2. The Midway Islands Naval Defensive Sea Area and the Midway Islands Naval Airspace Reservation are hereby dissolved. The provisions of Executive Order 8682 of February 14, 1941, as amended by Executive Order 8729 of April 2, 1941, are hereby superseded.

Sec. 3. (a) The Secretary of the Interior, through the United States Fish and Wildlife Service, shall administer the Midway Islands as the Midway Atoll National Wildlife Refuge in a manner consistent with Executive Order 12996 of March 25, 1996 [16 U.S.C. 668dd note], for the following purposes:

(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 May 13, 1971 [16 U.S.C. 470 note].

(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.

Sec. 4. Any civil or criminal proceeding that is pending under the Midway Islands Code, 32 CFR Part 762, upon the date of this order, shall remain under the jurisdiction of the Secretary of the Navy. Actions arising after the date of this order are the responsibility of the Secretary of the Interior and shall be administered pursuant to regulations promulgated by the Secretary of the Interior.

Sec. 5. To the extent that any prior Executive order or proclamation is inconsistent with the provisions of this order, this order shall control.

Sec. 6. Nothing in this order shall be deemed to reduce, limit, or otherwise modify the authority or responsibility of the Attorney General of the United States to represent the legal interests of the United States in civil or criminal cases arising under the provisions of 48 U.S.C. 644a.

William J. Clinton.      

Delegation of Functions

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the functions of the President under section 5(e) of the Hawaii Statehood Act of Mar. 18, 1959, [set out above], were delegated to the Director of the Bureau of the Budget [now Director of Office of Management and Budget], was superseded by Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out under section 301 of Title 3, The President.

§§491 to 503. Omitted

Codification

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. July 7, 1898, No. 55, §1, 30 Stat. 751, provided for assumption of public debt of Hawaii existing on July 7, 1898, not to exceed $4,000,000.

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 Apr. 12, 1898, and Apr. 30, 1900, providing for service for a definite term, should be null and void.

§504. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(6), 66 Stat. 279

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.

§§505 to 518. Omitted

Codification

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; Aug. 21, 1958, Pub. L. 85–719, §1, 72 Stat. 709, gave to Territory of Hawaii control of public property ceded to United States by Republic of Hawaii and allowed transfer of title to political subdivisions of Territory.

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 Jan. 14, 1903.

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. 3390, §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.

§518a. Repealed. July 25, 1947, ch. 327, §1, 61 Stat. 449

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.

§519. Omitted

Codification

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.

§520. Repealed. Mar. 26, 1934, ch. 88, §1, 48 Stat. 467

Section, act May 23, 1918, ch. 84, §1, 40 Stat. 560, prohibited manufacture, sale, transport, etc., of intoxicating liquors.

§§531 to 535. Omitted

Codification

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; Aug. 21, 1958, Pub. L. 85–714, 72 Stat. 707, called for appointment of a Secretary of Hawaii and set out powers and duties of his office.

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.

§536. Repealed. Pub. L. 86–3, §14(e), Mar. 18, 1959, 73 Stat. 10

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.

§§537, 538. Omitted

Codification

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.

§539. Repealed. Pub. L. 86–3, §14(e), Mar. 18, 1959, 73 Stat. 10

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.

§540. Omitted

Codification

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.

§541. Repealed. Pub. L. 96–470, title I, §110, Oct. 19, 1980, 94 Stat. 2239

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.

§§542 to 546. Omitted

Codification

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 Aug. 14, 1958, Pub. L. 85–650, §1, 72 Stat. 606, prescribed powers and duties of board of harbor commissioners and called for board supervision of moneys appropriated for harbor improvements.

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; Aug. 28, 1958, Pub. L. 85–793, §§1, 2, 72 Stat. 957, dealt with nomination and appointment of officers by governor and provided for their terms and salaries.

§§561 to 599. Omitted

Codification

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; Aug. 20, 1958, Pub. L. 85–691, §3, 72 Stat. 685, described scope of legislative power.

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 July 15, 1935.

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. 31, 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 Aug. 3, 1935, which authorized issuance of revenue bonds.

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, 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; Aug. 20, 1958, Pub. L. 85–691, §1, 72 Stat. 685, empowered legislature to authorize issuance of general obligation bonds for veterans’ mortgages and provided for their limitation, maturity, and ratification.

Section 562o, acts Aug. 24, 1954, ch. 892, §§1, 3, 4, 68 Stat. 785; July 14, 1956, ch. 606, §2, 70 Stat. 552; Aug. 20, 1958, Pub. L. 85–691, §2, 72 Stat. 685, ratified and confirmed issuance of public improvement bonds issued during 1954 to 1959 and limited maturity date of such bonds.

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, July 18, 1958, 72 Stat. 379, authorized Territory to issue aviation revenue bonds, set out requirements and limitations thereof, allowed for retirement thereof with Federal funds, and defined “aviation fuel taxes”.

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, §32, 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, §30, 31 Stat. 148; 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; Aug. 20, 1958, Pub. L. 85–690, §§1, 2, 72 Stat. 684, set date for regular and budget sessions, commencement, duration, and adjournment, and budget session agenda.

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; Aug. 20, 1958, Pub. L. 85–690, §3, 72 Stat. 684, required governor to submit to legislative estimates of appropriations for succeeding biennial period or for succeeding fiscal year in event of an additional regular session of legislature.

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, 1910, 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; Aug. 20, 1958, Pub. L. 85–690, §4, 72 Stat. 684, set out compensation and additional compensation to be paid members of legislature.

§§611 to 620. Omitted

Codification

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.

§§631 to 633. Omitted

Codification

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.

§§634, 634a. Repealed. Pub. L. 86–3, §14(e), Mar. 18, 1959, 73 Stat. 10

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.

§§634b, 634c. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

§§635, 636. Omitted

Codification

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.

DISTRICT COURT

§§641 to 644. Repealed. June 25, 1948, ch. 646, §§8, 39, 62 Stat. 986, 992

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.

§644a. Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials

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 April 6, 1939, between the Governments of the United States and of the United Kingdom to set up a regime for their use in common, the said jurisdiction is also extended to all civil and criminal cases arising on or within Canton Island and Enderbury Island: Provided, That such extension to Canton and Enderbury Islands shall in no way be construed to be prejudicial to the claims of the United Kingdom to said islands in accordance with the agreement. All civil acts and deeds consummated and taking place on any of these islands or in the waters adjacent thereto, and all offenses and crimes committed thereon, or on or in the waters adjacent thereto, shall be deemed to have been consummated or committed on the high seas on board a merchant vessel or other vessel belonging to the United States and shall be adjudicated and determined or adjudged and punished according to the laws of the United States relating to such civil acts or offenses on such ships or vessels on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys.

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.

(June 15, 1950, ch. 253, 64 Stat. 217; Pub. L. 86–3, §14(j), Mar. 18, 1959, 73 Stat. 11; Pub. L. 86–624, §19, July 12, 1960, 74 Stat. 416.)

Amendments

1960—Pub. L. 86–624 struck out Kure Island.

1959—Pub. L. 86–3 extended jurisdiction to cases arising on or within Palmyra Island.

Effective Date of 1959 Amendment

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 Aug. 21, 1959, on issuance of Proc. No. 3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86–3, Mar. 18, 1959, 73 Stat. 4, set out as notes preceding section 491 of this title.

Canton and Enderbury Islands; Sovereignty of Kiribati

By a treaty of friendship, TIAS 10777, which entered into force Sept. 23, 1983, the United States recognized the sovereignty of Kiribati over Canton Island and Enderbury Island.

§645. Repealed. Pub. L. 86–3, §14(f), Mar. 18, 1959, 73 Stat. 10

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.

§646. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

§651. Omitted

Codification

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.

§§661 to 678. Omitted

Codification

Sections 661 to 678, relating to Territory of Hawaii, were omitted in view of admission of Hawaii into the Union.

Section 661, act July 7, 1898, No. 55, §1, 30 Stat. 750, provided that Congress of the United States shall enact special laws for management and disposition of public lands.

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 April 30, 1900, as Crown land.

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 November 25, 1941.

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; Aug. 28, 1958, Pub. L. 85–803, §1, 72 Stat. 971, prescribed terms and conditions of leases on public lands.

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; Aug. 21, 1958, Pub. L. 85–718, 72 Stat. 709; Aug. 28, 1958, Pub. L. 85–803, §2, 72 Stat. 971, created board of public lands and set restrictions upon sale and lease of agricultural lands and exchange of lands.

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; July 18, 1958, Pub. L. 85–534, §1, 72 Stat. 379; Aug. 14, 1958, Pub. L. 85–650, §2, 72 Stat. 606, improved commissioner with control, management, and disposition of public lands and included within this making of leases by Hawaiian Aeronautics commission.

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”.

§§691 to 718. Omitted

Codification

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. 263, 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. 116; June 18, 1954, ch. 319, §1, 68 Stat. 262, provided that after July 9, 1921, all available lands would assume status of Hawaiian home lands and be under control of Commission.

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. 1122; 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; Aug. 23, 1958, Pub. L. 85–733, 72 Stat. 822, authorized Commission to lease lands to native Hawaiians.

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; Aug. 21, 1958, Pub. L. 85–710, §1, 72 Stat. 706, set up certain conditions to be included in leases of lands by Commission.

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; Aug. 21, 1958, Pub. L. 85–708, 72 Stat. 705, established in Treasury of Territory two revolving funds to be known as Hawaiian home-loan fund and Hawaiian home-operating fund, and two special funds to be known as Hawaiian home-development fund and Hawaiian home administration account.

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. 616, §§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 July 9, 1921, to Commission and authorized Commission to use free of all charge, Government-owned water.

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.

§§721 to 723. Omitted

Codification

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, 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.

§724. Repealed. Aug. 2, 1954, ch. 649, title II, §205, 68 Stat. 622

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.

CHAPTER 4—PUERTO RICO

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
731.
Territory included under name Puerto Rico.
731a.
Change of name; Puerto Rico.
731b.
Organization of a government pursuant to a constitution.
731c.
Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; requisites of constitution.
731d.
Ratification of constitution by Congress.
731e.
Chapter continued in force and effect.
732.
Repealed.
733.
Citizens; former Spanish subjects and children; body politic; name.
733a.
Citizens; residence in island of citizens of United States.
733a–1, 733b. Repealed or Omitted.
734.
United States laws extended to Puerto Rico; internal revenue receipts covered into treasury.
734a.
Extension of industrial alcohol and internal revenue laws to Puerto Rico.
735.
Repealed.
736.
Puerto Rican law modified.
737.
Privileges and immunities.
738.
Free interchange of merchandise with United States.
739.
Duties on foreign imports; books and pamphlets in English language.
740.
Duties and taxes to constitute fund for benefit of Puerto Rico; ports of entry.
741.
Export duties, taxes, etc.; bonds to anticipate revenues.
741a.
Internal-revenue taxes; levy and collection; discrimination.
742.
Acknowledgment of deeds.
743.
Repealed.
744.
Coasting trade laws.
745.
Tax exempt bonds.
745a.
Public improvement bonds sold to United States or agency thereof excluded from public indebtedness.
745b.
Refunding bonds excluded temporarily in computing indebtedness.
746.
Public lands and buildings; reservations; rights prior to July 1, 1902.
747.
Public property transferred; “control” defined.
748.
Conveyance by President to people of lands, buildings, etc.
749.
Harbors and navigable waters transferred; definitions.
750.
Repealed.
751.
Interstate commerce and certain other laws inapplicable to Puerto Rico.
752.
Corporate real estate holdings.
753 to 755. Repealed or Omitted.

        

SUBCHAPTER II—THE EXECUTIVE AND GOVERNMENT OFFICIALS

771 to 793b. Repealed.
794.
Official reports.
795.
Government expenses payable out of revenues.
796 to 799. Repealed.

        

SUBCHAPTER III—THE LEGISLATURE

811 to 820. Repealed.
821.
Legislative power.
822 to 844. Repealed or Omitted.
845.
Income tax laws; modification or repeal by legislature.

        

SUBCHAPTER IV—THE JUDICIARY

861 to 863. Repealed or Omitted.
864.
Appeals, certiorari, removal of causes, etc.; use of English language.
865 to 867. Repealed or Omitted.
868.
Fees part of United States revenues.
869.
Fees payable by United States out of revenue of Puerto Rico.
870, 871.
Repealed or Omitted.
872.
Habeas corpus; mandamus; suit to restrain assessment or collection of taxes.
873, 873a. Repealed.
874.
Judicial process; officials to be citizens of United States; oath.
875, 876.
Repealed.

        

SUBCHAPTER V—RESIDENT COMMISSIONER

891.
Resident Commissioner; election.
892.
Qualifications of Commissioner; appointment to fill vacancy.
893.
Salary of Commissioner; allowances; franking privilege.
894.
Salary and traveling expenses; payment.

        

SUBCHAPTER VI—SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS

910.
Slum clearance and urban redevelopment and renewal projects; powers of government.
910a.
Authorization of loans, conveyances, etc., by government and municipalities.
910b.
Ratification of prior acts.

        

SUBCHAPTER VII—LOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING

911.
Legislative authorization to create authorities.
912.
Authority to appoint commissioners; powers of authorities.
913.
Authorization of loans, conveyances, etc., by municipalities.
914.
Issuance of bonds and obligations.
915.
Bonds as public debt.
916.
Ratification of previous legislation.

        

Chapter Referred to in Other Sections

This chapter is referred to in sections 1469a–1 of this title; title 16 section 1453.

SUBCHAPTER I—GENERAL PROVISIONS

§731. Territory included under name Puerto Rico

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.

(Mar. 2, 1917, ch. 145, §1, 39 Stat. 951; May 17, 1932, ch. 190, 47 Stat. 158.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Prior Provisions

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 Apr. 12, 1900, was similar to this section, except that it described the adjacent islands and waters of those islands as those lying east of the seventy-fourth meridian of longitude west of Greenwich, which were ceded to the United States by the Government of Spain by the treaty of Dec. 10, 1898, 30 Stat. 1754.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Short Title

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 Mar. 2, 1917, is also popularly known as the “Jones Act”.

United States-Puerto Rico Commission on the Status of Puerto Rico

Pub. L. 88–271, Feb. 20, 1964, 78 Stat. 17, as amended by Pub. L. 89–84, July 24, 1965, 79 Stat. 261, established a United States-Puerto Rico Commission on the Status of Puerto Rico to study all factors, including but not limited to applicable laws, treaties, constitutions, and agreements having a bearing on the relationship between the United States and Puerto Rico. The Commission was required to render its report to the President of the United States, the Congress of the United States, the Governor of Puerto Rico, and the Legislative Assembly of Puerto Rico not later than Sept. 30, 1966.

Administration of Government

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. May 29, 1934, eff. Mar. 2, 1935. For present government of the Commonwealth of Puerto Rico, see section 731d of this title.

Ex. Ord. No. 13183. Establishment of the President's Task Force on Puerto Rico's Status

Ex. Ord. No. 13183, Dec. 23, 2000, 65 F.R. 82889, as amended by Ex. Ord. No. 13209, Apr. 30, 2001, 66 F.R. 22105, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Public Law 106–346 [see Tables for classification], it is hereby ordered as follows:

Section 1. Policy. It is the policy of the executive branch of the Government of the United States of America to help answer the questions that the people of Puerto Rico have asked for years regarding the options for the islands’ future status and the process for realizing an option. Further, it is our policy to consider and develop positions on proposals, without preference among the options, for the Commonwealth's future status; to discuss such proposals with representatives of the people of Puerto Rico and the Congress; to work with leaders of the Commonwealth and the Congress to clarify the options to enable Puerto Ricans to determine their preference among options for the islands’ future status that are not incompatible with the Constitution and basic laws and policies of the United States; and to implement such an option if chosen by a majority, including helping Puerto Ricans obtain a governing arrangement under which they would vote for national government officials, if they choose such a status.

Sec. 2. The President's Task Force on Puerto Rico's Status. There is established a task force to be known as “The President's Task Force on Puerto Rico's Status” (Task Force). It shall be composed of designees of each member of the President's Cabinet and the Co-Chairs of the President's Interagency Group on Puerto Rico (Interagency Group). The Task Force shall be co-chaired by the Attorney General's designee and a Co-Chair of the Interagency Group.

Sec. 3. Functions. The Task Force shall seek to implement the policy set forth in section 1 of this order. It shall ensure official attention to and facilitate action on matters related to proposals for Puerto Rico's status and the process by which an option can be realized. It shall provide advice and recommendations on such matters to the President and the Congress. It shall also provide advice and recommendations to assist the Executive Office of the President in fulfilling its responsibilities under Public Law 106–346 to transfer funding to the Elections Commission of the Commonwealth of Puerto Rico for public education on and a public choice among options for Puerto Rico's future status that are not incompatible with the Constitution and the basic laws and policies of the United States.

Sec. 4. Report. The Task Force shall report on its actions to the President not later than August 1, 2001, and thereafter as needed but not less than annually on progress made in the determination of Puerto Rico's ultimate status.

§731a. Change of name; Puerto Rico

From and after May 17, 1932, the island designated “Porto Rico” in the Act entitled “An Act to provide a civil government for Porto Rico, and for other purposes,” approved March 2, 1917, as amended, shall be known and designated as “Puerto Rico.” All laws, regulations, and public documents and records of the United States in which such island is designated or referred to under the name of “Porto Rico” shall be held to refer to such island under and by the name of “Puerto Rico.”

(May 17, 1932, ch. 190, 47 Stat. 158.)

References in Text

Act approved March 2, 1917, as amended, referred to in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

§731b. Organization of a government pursuant to a constitution

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.

(July 3, 1950, ch. 446, §1, 64 Stat. 319.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Repeals

Section 6 of act July 3, 1950 provided that: “All laws or parts of laws inconsistent with this Act [enacting sections 731b to 731e of this title] are hereby repealed.”

Section Referred to in Other Sections

This section is referred to in sections 731c, 731d of this title.

§731c. Submission of sections 731b to 731e of this title to people of Puerto Rico for referendum; convening of constitutional convention; requisites of constitution

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.

(July 3, 1950, ch. 446, §2, 64 Stat. 319.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Constitutional Convention

A constitutional convention to draft a constitution for the island of Puerto Rico convened in San Juan on Sept. 17, 1951, and concluded its deliberations on Feb. 6, 1952.

Referendum

Act July 3, 1950, which enacted sections 731b to 731e of this title, was submitted to the qualified voters of Puerto Rico through an island-wide referendum held on June 4, 1951, and approved.

Section Referred to in Other Sections

This section is referred to in sections 731b, 731d of this title.

§731d. Ratification of constitution by Congress

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.

(July 3, 1950, ch. 446, §3, 64 Stat. 319.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Constitution of the Commonwealth of Puerto Rico

Constitution of the Commonwealth of Puerto Rico was approved by the Constitutional Convention of Puerto Rico on Feb. 6, 1952; ratified by the people of Puerto Rico on Mar. 3, 1952; amended and approved by Congress by Joint Res. July 3, 1952, ch. 567, 66 Stat. 327; proclaimed by the Governor of Puerto Rico to be in force and effect on July 25, 1952.

Section Referred to in Other Sections

This section is referred to in sections 731b, 731c of this title.

§731e. Chapter continued in force and effect

This chapter is continued in force and effect.

(July 3, 1950, ch. 446, §4, 64 Stat. 319.)

References in Text

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 March 2, 1917, as amended”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in sections 731b, 731c, 731d of this title.

§732. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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 July 3, 1950.

Effective Date of Repeal

Section 5 of act July 3, 1950, 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 July 25, 1952, and became effective on that date.

§733. Citizens; former Spanish subjects and children; body politic; name

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.

(Apr. 12, 1900, ch. 191, §7, 31 Stat. 79; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§733a. Citizens; residence in island of citizens of United States

All citizens of the United States who have resided or who shall after March 4, 1927, reside in the island for one year shall be citizens of Puerto Rico.

(Mar. 2, 1917, ch. 145, §5a, as added Mar. 4, 1927, ch. 503, §2, 44 Stat. 1418; amended May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section was formerly classified to section 5a of Title 8, Aliens and Nationality.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§733a–1. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(14), 66 Stat. 279

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.

§733b. Omitted

Codification

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: “All persons born in Puerto Rico on or after April 11, 1899 (whether before or after June 27, 1934) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this section shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United States or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided further, That any woman, native of Puerto Rico and permanently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be naturalized under the provisions of section 369 of title 8.”

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.

§734. United States laws extended to Puerto Rico; internal revenue receipts covered into treasury

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 May 1, 1946, all taxes collected under the internal revenue laws of the United States on articles produced in Puerto Rico and transported to the United States, or consumed in the island shall be covered into the treasury of Puerto Rico.

(Mar. 2, 1917, ch. 145, §9, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158; Apr. 30, 1946, ch. 244, title V, §513, 60 Stat. 158; Aug. 1, 1955, ch. 438, title III, §308, 69 Stat. 427.)

References in Text

The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, as amended, 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.

Prior Provisions

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 Apr. 12, 1900, see section 738 of this title and notes thereunder.

Amendments

1955—Act Aug. 1, 1955, inserted “or the Philippine Trade Agreement Revision Act of 1955”.

1946—Act Apr. 30, 1946, inserted “other than those contained in the Philippine Trade Act of 1946”.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Effective Date of 1955 Amendment

Amendment by act Aug. 1, 1955, effective Jan. 1, 1956, see section 301(b) of act Aug. 1, 1955, set out as an Effective Date note under section 1373 of Title 22, Foreign Relations and Intercourse.

Effective Date of 1946 Amendment

Amendment by act Apr. 30, 1946, effective on day after date of its enactment, Apr. 30, 1946, see section 512 of act Apr. 30, 1946, set out as an Effective Date note under section 1354 of Title 22, Foreign Relations and Intercourse.

Ex. Ord. No. 9909. Exempting District Court of the United States for Puerto Rico and the Department of Justice From Making Reports Required by This Section

Ex. Ord. No. 9909, eff. Dec. 9, 1947, 12 F.R. 8291, provided:

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.

Harry S Truman.      

Ex. Ord. No. 10005. Establishment of President's Advisory Commission on Relation of Federal Laws to Puerto Rico

Ex. Ord. No. 10005, eff. Oct. 5, 1948, 13 F.R. 5854, provided:

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.

Harry S Truman.      

Administrative Treatment of Puerto Rico as a State

Memorandum of President of the United States, Nov. 30, 1992, 57 F.R. 57093, provided:

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 July 25, 1952, as a consequence of steps taken by both the United States Government and the people of Puerto Rico voting in a referendum, a new constitution was promulgated establishing the Commonwealth of Puerto Rico. The Commonwealth structure provides for self-government in respect of internal affairs and administration, subject to relevant portions of the Constitution and the laws of the United States. As long as Puerto Rico is a territory, however, the will of its people regarding their political status should be ascertained periodically by means of a general right of referendum or specific referenda sponsored either by the United States Government or the Legislature of Puerto Rico.

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 July 25, 1961 [26 F.R. 6695], is hereby rescinded.

This memorandum shall be published in the Federal Register.

George Bush.      

Section Referred to in Other Sections

This section is referred to in title 22 sections 1356, 1373.

§734a. Extension of industrial alcohol and internal revenue laws to Puerto Rico

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 August 27, 1935. The Insular Government shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary of the Treasury for the purpose of defraying all expenses incurred by the Treasury Department in connection with the enforcement in Puerto Rico of the said Title III and regulations promulgated thereunder. The funds so advanced shall be deposited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this section.

(June 26, 1936, ch. 830, title III, §329(c), 49 Stat. 1957.)

References in Text

The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended. 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.

Codification

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.

§735. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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 July 3, 1950.

Effective Date of Repeal

Repeal effective July 25, 1952, see Effective Date of Repeal note set out under section 732 of this title.

§736. Puerto Rican law modified

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 March 17, 1899, and promulgated by Major General Guy V. Henry, United States Volunteers, is repealed and annulled, and all persons lawfully married in Puerto Rico shall have all the rights and remedies conferred by law upon parties to either civil or religious marriages. Paragraph 1, article 105, section 4, divorce, civil code, and paragraph 2, section 19, of the order of the minister of justice of Puerto Rico, dated March 17, 1899, and promulgated by Major General Guy V. Henry, United States Volunteers, are so amended as to read: “Adultery on the part of either the husband or the wife.”

(Apr. 12, 1900, ch. 191, §8, 31 Stat. 79; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§737. Privileges and immunities

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.

(Mar. 2, 1917, ch. 145, §2, 39 Stat. 951; Feb. 3, 1921, ch. 34, §1, 41 Stat. 1096; Mar. 2, 1934, ch. 37, §1, 48 Stat. 361; Aug. 5, 1947, ch. 490, §7, 61 Stat. 772; July 3, 1950, ch. 446, §5(1), 64 Stat. 320.)

Amendments

1950—Act July 3, 1950, repealed all of section relating to bill of rights and restrictions except last paragraph.

1947—Act Aug. 5, 1947, inserted privileges and immunities provisions.

1934—Act Mar. 2, 1934, repealed so much of former provisions of twentieth paragraph of this section making it unlawful to import, manufacture, sell or give away, or to expose for sale or gift any intoxicating liquors. The penalty formerly contained in such paragraph, related only to violation of such provisions.

Effective Date of 1950 Amendment

Amendment by act July 3, 1950, effective July 25, 1952, the date the Constitution of Puerto Rico became effective, see Effective Date of Repeal note set out under section 732 of this title.

§738. Free interchange of merchandise with United States

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.

(Apr. 12, 1900, ch. 191, §3, 31 Stat. 77; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Act Apr. 12, 1900, §3, as originally enacted, imposed tariff duties, amounting to 15 per centum of the duties on like articles imported from foreign countries, on all articles of merchandise coming into the United States from Porto Rico and vice versa. Merchandise and articles except coffee, not dutiable under United States’ tariff laws, and merchandise or articles entered in Porto Rico free of duty under orders theretofore made by the Secretary of War, were to be admitted from the United States free of duty, all laws or parts of laws to the contrary, notwithstanding. However, all of the aforesaid tariff duties were to cease, and the provisions in the text were to become operative, whenever the local legislative assembly should put into operation a system of local taxation, and the President should make proclamation thereof. In no event were those duties to be collected after March 1, 1902. In accordance with the aforesaid provision President McKinley issued his proclamation July 25, 1901, 32 Stat. 1983.

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.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§739. Duties on foreign imports; books and pamphlets in English language

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.

(Apr. 12, 1900, ch. 191, §2, 31 Stat. 77; Aug. 5, 1909, ch. 6, §1, 36 Stat. 71, 74; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Amendments

1909—Act Aug. 5, 1909, placed coffee in the bean or ground, imported into Puerto Rico, formerly subject to a duty of 5 cents, on the duty free list.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§740. Duties and taxes to constitute fund for benefit of Puerto Rico; ports of entry

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.

(Apr. 12, 1900, ch. 191, §4, 31 Stat. 78; May 17, 1932, ch. 190, 47 Stat. 158.)

References in Text

This Act, referred to in text, means act Apr. 12, 1900, ch. 191, 31 Stat. 77, as amended, 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.

Codification

Additional provisions of act Apr. 12, 1900, §4, directing the payment of duties and taxes into a separate fund in the Treasury of the United States until the organization of a local civil government, have been omitted.

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Transfer of Functions

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 December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

Expenditures for Governmental and Public Purposes

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.

§741. Export duties, taxes, etc.; bonds to anticipate revenues

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.

(Mar. 2, 1917, ch. 145, §3, 39 Stat. 953; Feb. 3, 1921, ch. 34, §2, 41 Stat. 1096; Mar. 4, 1927, ch. 503, §1, 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 Stat. 843.)

Codification

Section is comprised of first part of section 3 of act Mar. 2, 1917, down to the proviso clause. The remainder of section 3 is classified to sections 741a and 745 of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, §38, 31 Stat. 86.

Amendments

1937—Act Aug. 26, 1937, reenacted section without substantive change.

1927—Act Mar. 4, 1927, inserted imposition of income taxes.

1921—Act Feb. 3, 1921, reenacted section without change.

§741a. Internal-revenue taxes; levy and collection; discrimination

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.

(Mar. 2, 1917, ch. 145, §3, 39 Stat. 953; Mar. 4, 1927, ch. 503, §1, 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 Stat. 844.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Codification

Section is comprised of last part of section 3 of act Mar. 2, 1917, as added by act Mar. 4, 1927. The first two parts are classified to sections 741 and 745 of this title.

Amendments

1937—Act Aug. 26, 1937, reenacted section without substantive change.

§742. Acknowledgment of deeds

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.

(Mar. 2, 1917, ch. 145, §54, 39 Stat. 968; May 17, 1932, ch. 190, 47 Stat. 158.)

Prior Provisions

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.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§743. Repealed. July 1, 1944, ch. 373, title XI, §1113, 58 Stat. 714

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.

Renumbering of Repealing Act

Section 611 of act July 1, 1944, which repealed this section, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049, §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47, §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720, §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919, §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931, and §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506.

§744. Coasting trade laws

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.

(Apr. 12, 1900, ch. 191, §9, 31 Stat. 79; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Additional provisions of section 9 of act Apr. 12, 1900, authorizing the making of regulations for the nationalization of all vessels owned by inhabitants of Puerto Rico on April 11, 1889, and which continued to be so owned up to the date of that nationalization and for the admission of the same to all the benefits of the coasting trade of the United States, have been omitted.

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§745. Tax exempt bonds

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.

(Mar. 2, 1917, ch. 145, §3, 39 Stat. 953; Feb. 3, 1921, ch. 34, §2, 41 Stat. 1096; Mar. 4, 1927, ch. 503, §1, 44 Stat. 1418; Aug. 26, 1937, ch. 831, 50 Stat. 844; Aug. 17, 1950, ch. 731, 64 Stat. 458; Pub. L. 87–121, §1, Aug. 3, 1961, 75 Stat. 245.)

Codification

Section is comprised of second part of section 3 of act Mar. 2, 1917, commencing with proviso clause. The first and last parts of section 3 are classified to sections 741 and 741a, respectively, of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, §38, 31 Stat. 86.

Amendments

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 Aug. 17, 1950, made section applicable to municipalities of Arecibo and Rio Piedras.

1937—Act Aug. 26, 1937, made section applicable to municipality of Mayaguez and substituted “August 26, 1937” for “March 4, 1927” wherever appearing.

1927—Act Mar. 4, 1927, made section applicable to municipalities of San Juan and Ponce, limited public indebtedness of other subdivisions or municipalities of Puerto Rico to 5 per centum, and inserted in last sentence two clauses, the first relating to the non-inclusion of municipal bonds for the payment of interest and principal, and the second reading “but all bonds after August 26, 1937, issued by any municipality or subdivision within the 5 per centum authorized for which the good faith of the people of Porto Rico is pledged shall be counted.”

1921—Act Feb. 3, 1921, increased allowable public indebtedness from 7 to 10 per centum of aggregate tax valuation of property.

Effective Date of 1961 Amendment

Section 2 of Pub. L. 87–121 provided that: “Section 1 of this Act [amending this section] shall take effect upon a majority of the qualified electors of Puerto Rico having voted in a referendum pursuant to section 1 of article VII of the constitution of the Commonwealth of Puerto Rico, to include provisions in the Commonwealth constitution, in lieu of the provisions of section 3 of the Puerto Rican Federal Relations Act [this section] specified herein, limiting the debt-incurring capacity of the Commonwealth and of its municipalities (as proposed in the concurrent resolution of the legislative assembly of the Commonwealth).”

[Referendum held Dec. 10, 1961, and debt limitation amendment to Article VI, §2, of Constitution of Commonwealth of Puerto Rico ratified by a majority of voters.]

Section Referred to in Other Sections

This section is referred to in sections 745a, 745b of this title.

§745a. Public improvement bonds sold to United States or agency thereof excluded from public indebtedness

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.

(Aug. 13, 1935, ch. 516, 49 Stat. 611.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

§745b. Refunding bonds excluded temporarily in computing indebtedness

Any bonds or other obligations of Puerto Rico issued after August 3, 1935, for the purpose of retiring previously outstanding bonds or obligations shall not be included in computing the public indebtedness of Puerto Rico under section 745 of this title, until six months after their issue.

(Aug. 3, 1935, ch. 435, 49 Stat. 516.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

§746. Public lands and buildings; reservations; rights prior to July 1, 1902

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 July 1, 1903, pursuant to authority vested in him by law, are granted to the government of Puerto Rico, to be held or disposed of for the use and benefit of the people of said island. Said grant is upon the express condition that the government of Puerto Rico, by proper authority, release to the United States any interest or claim it may have in or upon the lands or buildings reserved by the President as mentioned herein. Nothing herein contained shall be so construed as to affect any legal or equitable rights acquired by the government of Puerto Rico or by any other party, under any contract, lease, or license made by the United States authorities prior to the 1st day of May 1900.

(July 1, 1902, ch. 1383, §1, 32 Stat. 731; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Law Library

Section 2 of act July 1, 1902, made an appropriation for the purchase of a law library for the use of the United States District Court for Puerto Rico.

Expenses and Term of Resident Commissioner

Section 3 of act July 1, 1902, related to allowance of traveling expenses in addition to salary to the resident commissioner from Puerto Rico, and to the commencement of his term.

§747. Public property transferred; “control” defined

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 March 2, 1917, is placed under the control of the government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puerto Rico shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all matters, as it may deem advisable. Notwithstanding any other provision of law, as used in this section “control” includes all right, title, and interest in and to and jurisdiction and authority over the aforesaid property and includes proprietary rights of ownership, and the rights of management, administration, leasing, use, and development of such property.

(Mar. 2, 1917, ch. 145, §7, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158; Pub. L. 96–205, title VI, §606(b), Mar. 12, 1980, 94 Stat. 91.)

Codification

Section is comprised of that part of section 7 of act Mar. 2, 1917, preceding the proviso clause. The remainder of section 7 is classified to section 748 of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, §13, 31 Stat. 80.

Amendments

1980—Pub. L. 96–205 inserted provisions defining “control”.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Section Referred to in Other Sections

This section is referred to in section 749 of this title.

§748. Conveyance by President to people of lands, buildings, etc.

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.

(Mar. 2, 1917, ch. 145, §7, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Section is comprised of proviso clause of section 7 of act Mar. 2, 1917. The text preceding the proviso clause of section 7 is classified to section 747 of this title.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Delegation of Functions

For delegation to Secretary of the Interior of authority vested in President by this section, see Ex. Ord. No. 10250, eff. June 5, 1951, 16 F.R. 5385, set out under section 301 of Title 3, The President.

Section Referred to in Other Sections

This section is referred to in section 749 of this title.

§749. Harbors and navigable waters transferred; definitions

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 March 2, 1917, and not reserved by the United States for public purposes, are placed under the control of the government of Puerto Rico, to be administered in the same manner and subject to the same limitations as the property enumerated in sections 747 and 748 of this title. All laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said island and waters and to its adjacent islands and waters. Nothing in this chapter contained shall be construed so as to affect or impair in any manner the terms or conditions of any authorizations, permits, or other powers lawfully granted or exercised or in respect of said waters and submerged lands in and surrounding said island and its adjacent islands by the Secretary of the Army or other authorized officer or agent of the United States prior to March 2, 1917. Notwithstanding any other provision of law, as used in this section (1) “submerged lands underlying navigable bodies of water” include lands permanently or periodically covered by tidal waters up to but not above the line of mean high tide, all lands underlying the navigable bodies of water in and around the island of Puerto Rico and the adjacent islands, and all artificially made, filled in, or reclaimed lands which formerly were lands beneath navigable bodies of water; (2) “navigable bodies of water and submerged lands underlying the same in and around the island of Puerto Rico and the adjacent islands and waters” extend from the coastline of the island of Puerto Rico and the adjacent islands as heretofore or hereafter modified by accretion, erosion, or reliction, seaward to a distance of three marine leagues; (3) “control” includes all right, title, and interest in and to and jurisdiction and authority over the submerged lands underlying the harbor areas and navigable streams and bodies of water in and around the island of Puerto Rico and the adjacent islands and waters, and the natural resources underlying such submerged lands and waters, and includes proprietary rights of ownership, and the rights of management, administration, leasing, use, and development of such natural resources and submerged lands beneath such waters.

(Mar. 2, 1917, ch. 145, §8, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; Pub. L. 96–205, title VI, §606(a), Mar. 12, 1980, 94 Stat. 91.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Codification

A further provision of section 8 of act Mar. 2, 1917, repealing act June 11, 1906, ch. 3075, 34 Stat. 234, and all other laws or parts of laws in conflict herewith was omitted.

Amendments

1980—Pub. L. 96–205 inserted provisions defining terms used in this section.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

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 July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Section Referred to in Other Sections

This section is referred to in title 16 section 1453; title 43 section 2102.

§750. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal effective July 25, 1952, see note set out under section 732 of this title.

§751. Interstate commerce and certain other laws inapplicable to Puerto Rico

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.

(Mar. 2, 1917, ch. 145, §38, 39 Stat. 964; Mar. 4, 1927, ch. 503, §6, 44 Stat. 1421; May 17, 1932, ch. 190, 47 Stat. 158.)

References in Text

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), July 5, 1994, 108 Stat. 863, 881, 892, 893, 1379, the first section of which enacted subtitles II, III, and V to X of Title 49. Section 6 of act Apr. 14, 1910, which was classified to section 15 of Title 45, was repealed and reenacted as section 501(b) of Title 49 by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413.

Codification

“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 February 4, 1887, and all Acts amendatory thereof, by providing for a valuation of the several classes of property of carriers subject thereto and securing information concerning their stocks, bonds, and other securities,’ approved March 1, 1913 [49 U.S.C. 19a]” on authority of Pub. L. 95–473, §3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49, Transportation.

Section is comprised of second paragraph of section 38 of act Mar. 2, 1917. The first and third paragraphs of section 38 were classified to sections 750 and 753, respectively, of this title.

Amendments

1927—Act Mar. 4, 1927, reenacted section without change.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§752. Corporate real estate holdings

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 May 1, 1900, to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent any member of a corporation engaged in agriculture from being in any wise interested in any other corporation engaged in agriculture. Corporations, however, may loan funds upon real estate security, and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in Puerto Rico, and doing business therein, shall be bound by the provisions of this section so far as they are applicable.

(May 1, 1900, No. 23, §3, 31 Stat. 716; Mar. 2, 1917, ch. 145, §39, 39 Stat. 964; May 17, 1932, ch. 190, 47 Stat. 158; July 3, 1950, ch. 446, §5(2), 64 Stat. 320.)

Codification

Section is comprised of section 3 (less first sentence) of act May 1, 1900. The first sentence of such section 3 was superseded by section 39 of act Mar. 2, 1917. Prior to repeal of such section 39 by act July 3, 1950, the sentence read: “That all franchises, privileges or concessions granted under section thirty-two of said Act [act Apr. 12, 1900, ch. 191, 31 Stat. 83] shall provide that the same shall be subject to amendment, alteration, or repeal; shall forbid the issue of stock or bonds, except in exchange for actual cash, or property at a fair valuation, equal in amount to the par value of the stock or bonds issued; shall forbid the declaring of stock or bond dividends; and, in the case of public-service corporations, shall provide for the effective regulation of the charges thereof and for the purchase or taking by the public authorities of their property at a fair and reasonable valuation.”

Section was not enacted as a part of the Puerto Rican Federal Relations Act which comprises this chapter.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Repeals

Section 5(2) of act July 3, 1950, repealed section 39 of act Mar. 2, 1917, cited as a credit to this section, eff. July 25, 1952. See Effective Date of Repeal note set out below.

Effective Date of Repeal

Repeal of section 39 of act Mar. 2, 1917, effective July 25, 1952, see note set out under section 732 of this title.

§§753, 754. Repealed. July 3, 1950, ch. 446, §5(2), (4), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 753 and 754 effective July 25, 1952, see note set out under section 732 of this title.

§755. Omitted

Codification

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 Apr. 12, 1900, except those imported after Feb. 1, 1900, at rate of 60 cents per peso and for recoinage of such coins into United States coins, and made United States coins sole legal tender in payment of debts, except those owing prior to Apr. 12, 1900, which were payable in Puerto Rico coins or their exchanged equivalents.

SUBCHAPTER II—THE EXECUTIVE AND GOVERNMENT OFFICIALS

§§771 to 793. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 771 to 793 effective July 25, 1952, see note set out under section 732 of this title.

§793a. Repealed. June 30, 1954, ch. 428, §1, 68 Stat. 336

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”.

Disposition of Moneys in Revolving 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.

§793b. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal effective July 25, 1952, see note set out under section 732 of this title.

§794. Official reports

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.

(Mar. 2, 1917, ch. 145, §11, 39 Stat. 955; May 17, 1932, ch. 190, 47 Stat. 158.)

Prior Provisions

Provisions similar to those in this section were contained in act July 15, 1909, ch. 4, §2, 36 Stat. 11.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Ex. Ord. No. 9383. Coordination of Functions and Policies of Federal Civil Agencies in Puerto Rico and the Virgin Islands

Ex. Ord. No. 9383, eff. Oct. 5, 1943, 8 F.R. 13781, provided:

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.

Franklin D. Roosevelt.      

§795. Government expenses payable out of revenues

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.

(Mar. 2, 1917, ch. 145, §6, 39 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158.)

Prior Provisions

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”.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§§796 to 799. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 796 to 799 effective July 25, 1952, see note set out under section 732 of this title.

SUBCHAPTER III—THE LEGISLATURE

§§811 to 820. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 811 to 820 effective July 25, 1952, see note set out under section 732 of this title.

§821. Legislative power

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 March 2, 1917, insofar as such alteration, amendment, modification, or repeal may be consistent with the provisions of this chapter.

(Mar. 2, 1917, ch. 145, §37, 39 Stat. 964; May 17, 1932, ch. 190, 47 Stat. 158.)

References in Text

This chapter, referred to in text, was in the original “this Act”, meaning act Mar. 2, 1917, ch. 145, 39 Stat. 951, as amended, 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.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§§822, 823. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 822 and 823 effective July 25, 1952, see note set out under section 732 of this title.

§823a. Omitted

Codification

Section, act June 16, 1938, ch. 460, 52 Stat. 708, related to Congressional ratification of all joint resolutions.

§§824 to 844. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal of sections 824 to 844 effective July 25, 1952, see note set out under section 732 of this title.

§845. Income tax laws; modification or repeal by legislature

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.

(Feb. 26, 1926, ch. 27, §§261, 1200, 44 Stat. 52, 125; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

Similar provisions of act Feb. 26, 1926, which related to the Philippine Islands, were formerly classified to section 1055 of this title.

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Prior Provisions

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 Feb. 26, 1926, to take effect Jan. 1, 1925.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

SUBCHAPTER IV—THE JUDICIARY

§861. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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 Mar. 2, 1917, provided for appointment of chief justice and associate justices of the supreme court by President with advice and consent of United States Senate, and authorized Puerto Rican legislature to organize, modify or rearrange the courts and their jurisdiction and procedure, except United States District Court.

Effective Date of Repeal

Repeal effective July 25, 1952, see note set out under section 732 of this title.

§862. Omitted

Codification

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.

§863. Repealed. Pub. L. 91–272, §13, June 2, 1970, 84 Stat. 298

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 June 2, 1970.

Savings Provision

Section 13 of Pub. L. 91–272, as amended by Pub. L. 91–450, Oct. 14, 1970, 84 Stat. 922, provided in part that nothing in the repeal of Act Mar. 2, 1917, as amended, by said section 13 would impair the jurisdiction of the United States District Court for the District of Puerto Rico to hear and determine any action or matter begun in the court on or before June 2, 1970.

§864. Appeals, certiorari, removal of causes, etc.; use of English language

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.

(Apr. 12, 1900, ch. 191, §35, 31 Stat. 85; Mar. 2, 1917, ch. 145, §42, 39 Stat. 966; Feb. 13, 1925, ch. 229, §13, 43 Stat. 942; Jan. 31, 1928, ch. 14, §1, 45 Stat. 54; May 17, 1932, ch. 190, 47 Stat. 158; June 25, 1948, ch. 646, §21, 62 Stat. 990.)

References in Text

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.

Codification

“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.”

Prior Provisions

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.

Amendments

1948—Act June 25, 1948, amended section generally, and struck out provisions relating to the term of district court and appeals to the circuit court.

1928—Act Jan. 31, 1928, abolished writ of error in civil and criminal cases and made all relief formerly obtained by writ of error obtainable by appeal.

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.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

Effective Date of 1948 Amendment

Amendment by act June 25, 1948, effective Sept. 1, 1948, see section 38 of that act, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

Repeals

Section 39 of act June 25, 1948, repealed section 1 of act Feb. 13, 1925, ch. 229, 43 Stat. 936, formerly cited as a credit to this section, which authorized review in the Circuit Court of Appeals in the First Circuit.

§865. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§866. Omitted

Codification

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.

§867. Repealed. Pub. L. 90–274, §103(g), Mar. 27, 1968, 82 Stat. 63

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.

Effective Date of Repeal

Repeal effective 270 days after Mar. 27, 1968, except as to cases in which an indictment is returned or petit jury is empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as an Effective Date of 1968 Amendment note under section 1861 of Title 28, Judiciary and Judicial Procedure.

§868. Fees part of United States revenues

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.

(Mar. 2, 1917, ch. 145, §45, 39 Stat. 966; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

“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”.

Prior Provisions

Provisions similar to those in this section were contained in act Mar. 2, 1901, ch. 812, §2, 31 Stat. 953.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§869. Fees payable by United States out of revenue of Puerto Rico

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.

(Mar. 2, 1901, ch. 812, §2, 31 Stat. 953; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

“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 Mar. 2, 1901, as is pertinent here, was as follows: “Such fees and expenses as are payable by the United States, if earned or incurred in connection with a circuit or district court of the United States, shall be paid from the revenues of Porto Rico, if earned or incurred in connection with the district court of the United States for Porto Rico.”

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§870. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§871. Omitted

Codification

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, 1825 and 1871 of Title 28, Judiciary and Judicial Procedure.

§872. Habeas corpus; mandamus; suit to restrain assessment or collection of taxes

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.

(Mar. 2, 1927, ch. 145, §48, 39 Stat. 967; Mar. 4, 1927, ch. 503, §7, 44 Stat. 1421; May 17, 1932, ch. 190, 47 Stat. 158.)

Codification

“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”.

Amendments

1927—Act Mar. 4, 1927, added second paragraph.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§873. Repealed. July 3, 1950, ch. 446, §5(2), 64 Stat. 320

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.

Effective Date of Repeal

Repeal effective July 25, 1952, see note set out under section 732 of this title.

§873a. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§874. Judicial process; officials to be citizens of United States; oath

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.

(Mar. 2, 1917, ch. 145, §10, 39 Stat. 954; May 17, 1932, ch. 190, 47 Stat. 158.)

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, §16, 31 Stat. 81.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§§875, 876. Repealed. June 25, 1948, ch. 646, §39, 62 Stat. 992

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.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

SUBCHAPTER V—RESIDENT COMMISSIONER

§891. Resident Commissioner; election

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.

(Mar. 2, 1917, ch. 145, §36, 39 Stat. 963; May 17, 1932, ch. 190, 47 Stat. 158; June 5, 1934, ch. 390, §5, 48 Stat. 879.)

Codification

Section is comprised of second sentence of section 36 of act Mar. 2, 1917. The first sentence of section 36, providing for election of a Resident Commissioner to the United States at the next general election for a term commencing with date of issuance of certificate of election and terminating Mar. 4, 1921, was omitted. Parts of the third and fourth sentences of section 36 are classified to section 893 of this title. The other part of the third sentence of section 36, which fixed the salary of the commissioner at $7,500 per annum, was superseded by act Feb. 26, 1907, ch. 1635, §4, 34 Stat. 993, as amended by act Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301. See Prior Provisions note under section 31 of Title 2, The Congress. The other part of the fourth sentence of section 36, which allowed the commissioner $500 as mileage, was classified to former section 46 of Title 2 and was omitted from the Code as superseded by former section 43b–1 of Title 2. The fifth and sixth sentences of section 36 are classified to section 892 of this title.

Prior Provisions

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 Apr. 12, 1900, was increased by act Feb. 26, 1907, ch. 1635, §4, 34 Stat. 993.

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.

Amendments

1934—Act June 5, 1934, changed commencement of term of office from Mar. 4 to Jan. 3 following the general election.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

§892. Qualifications of Commissioner; appointment to fill vacancy

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.

(Mar. 2, 1917, ch. 145, §36, 39 Stat. 963.)

Codification

Section is comprised of fifth and sixth sentences of section 36 of act Mar. 2, 1917. For classification of the remainder of section 36, see Codification note set out under section 891 of this title.

Prior Provisions

Provisions similar to those in this section were contained in act Apr. 12, 1900, ch. 191, §39, 31 Stat. 86.

§893. Salary of Commissioner; allowances; franking privilege

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.

(Mar. 2, 1917, ch. 145, §36, 39 Stat. 963; Mar. 4, 1925, ch. 549, §4, 43 Stat. 1301.)

Codification

Section is comprised of parts of third and fourth sentences of section 36 of act Mar. 2, 1917. For classification of the remainder of section 36, see Codification note set out under section 891 of this title.

§894. Salary and traveling expenses; payment

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.

(June 22, 1906, ch. 3514, §1, 34 Stat. 417; May 17, 1932, ch. 190, 47 Stat. 158; Pub. L. 104–186, title II, §224(1), Aug. 20, 1996, 110 Stat. 1752.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Amendments

1996—Pub. L. 104–186 substituted “Chief Administrative Officer” for “Sergeant-at-Arms”.

Change of Name

“Puerto Rico” substituted in text for “Porto Rico” pursuant to act May 17, 1932, which is classified to section 731a of this title.

SUBCHAPTER VI—SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS

§910. Slum clearance and urban redevelopment and renewal projects; powers of government

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.

(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.)

References in Text

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, as amended. 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 Jan. 1, 1975. 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, as amended, 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.

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section 101 of act July 18, 1950, cited as a credit to this section, as applicable to Alaska and Hawaii, was classified to sections 480 and 721 of this title.

Amendments

1955—Act Aug. 11, 1955, included urban renewal projects, and inserted “as amended” after “(Public Law 171, Eighty-first Congress)” and after “this Act”.

Urban Renewal Activities

Financial assistance available for urban renewal projects, see section 107(1), (2) of act Aug. 11, 1955.

§910a. Authorization of loans, conveyances, etc., by government and municipalities

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.

(July 18, 1950, ch. 466, title I, §102, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, §107(3), 69 Stat. 637.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section 102 of act July 18, 1950, cited as a credit to this section, as applicable to Alaska and Hawaii, was classified to sections 480a and 721a of this title.

Amendments

1955—Act Aug. 11, 1955, included urban renewal projects.

§910b. Ratification of prior acts

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.

(July 18, 1950, ch. 466, title I, §103, 64 Stat. 345.)

References in Text

This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, as amended, 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.

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section 103 of act July 18, 1950, cited as a credit to this section, as applicable to Alaska and Hawaii, was classified to sections 480b and 721b of this title.

SUBCHAPTER VII—LOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING

§911. Legislative authorization to create authorities

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.

(June 25, 1938, ch. 703, §1, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in section 916 of this title.

§912. Authority to appoint commissioners; powers of authorities

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.

(June 25, 1938, ch. 703, §2, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in section 916 of this title.

§913. Authorization of loans, conveyances, etc., by municipalities

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.

(June 25, 1938, ch. 703, §3, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in section 916 of this title.

§914. Issuance of bonds and obligations

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.

(June 25, 1938, ch. 703, §4, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in section 916 of this title.

§915. Bonds as public debt

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 745 of this title.

(June 25, 1938, ch. 703, §5, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

Section Referred to in Other Sections

This section is referred to in section 916 of this title.

§916. Ratification of previous legislation

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.

(June 25, 1938, ch. 703, §6, 52 Stat. 1203.)

Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

CHAPTER 5—PHILIPPINE ISLANDS

Philippine Independence

Independence of Philippine Islands recognized and American sovereignty withdrawn by Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, issued pursuant to section 1394 of Title 22, Foreign Relations and Intercourse, and set out under that section.

§§1001 to 1008. Omitted

Codification

Sections 1001 to 1008 were omitted in view of recognition of Philippine independence.

Section 1001, act Aug. 29, 1916, §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.

§1009. Repealed. Oct. 31, 1951, ch. 655, §56(d), 65 Stat. 729

Section, act Mar. 8, 1902, ch. 140, §9, 32 Stat. 55, related to requirements as to evidence in treason cases in Philippines.

Savings Provision

Section 56(l) of act Oct. 31, 1951, provided that the repeal of this section should not affect any rights or liabilities existing hereunder on the effective date of that repeal (Oct. 31, 1951).

§§1010 to 1019. Omitted

Codification

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.

§§1041 to 1055. Omitted

Codification

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.

§§1071 to 1078. Omitted

Codification

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 Apr. 9, 1910, No. 19, 36 Stat. 877, related to special terms of supreme court.

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), Sept. 6, 1966, 80 Stat. 639.

Section 1078, act Aug. 29, 1916, ch. 416, §26, 39 Stat. 555, related to jurisdiction of municipal courts.

§§1091 to 1094. Omitted

Codification

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.

§§1111 to 1125. Omitted

Codification

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.

§§1141 to 1156. Omitted

Codification

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.

§1157. Transferred

Codification

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 July 1, 1951, under the provisions of section 2 of act Aug. 7, 1946.

§§1171 to 1173. Omitted

Codification

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.

§§1191 to 1202. Omitted

Codification

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.

§§1221 to 1226. Omitted

Codification

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.

§§1231 to 1234. Omitted

Codification

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 Jan. 17, 1933, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 648.

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. July 4, 1946, 11 F.R. 7515, 60 Stat. 1352, related to mandatory provisions of constitution.

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.

§§1235 to 1236. Transferred

Codification

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; Sept. 22, 1959, Pub. L. 86–346, title I, §104(1), 73 Stat. 622, related to supplementary sinking fund for bond payments, purchase of bonds by United States, and creation of special trust account, and has been transferred to section 1393 of Title 22.

§1236a. Omitted

Codification

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 May 1, 1935. By Proc. No. 2272, eff. Jan. 26, 1938, 3 F.R. 222, 52 Stat. 1534, the effective period was extended for an additional three years from and including May 1, 1938.

§§1236b to 1237c. Omitted

Codification

Sections 1236b to 1237c were omitted in view of recognition of Philippine independence.

Section 1236b, act Dec. 22, 1941, ch. 617, §1, 55 Stat. 352, 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), Sept. 6, 1966, 80 Stat. 649.

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.

§1238. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(35), 66 Stat. 279

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.

§§1238a, 1239. Omitted

Codification

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.

§1240. Transferred

Codification

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.

§§1241 to 1243. Omitted

Codification

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.

§1244. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(35), 66 Stat. 279

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.

§1245. Omitted

Codification

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.

§1246. Transferred

Codification

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.

§1247. Omitted

Codification

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.

§1247a. Transferred

Codification

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.

§§1248, 1249. Omitted

Codification

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.

§§1251 to 1257. Repealed. June 27, 1952, ch. 477, title IV, §403(a)(38), 66 Stat. 280

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. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, related to return of native Filipinos residing in the United States to the Philippines.

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. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, related to contracts for transportation.

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. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, related to rules and regulations.

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. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, related to authorization of appropriations.

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. June 14, 1940, 5 F.R. 2223, 54 Stat. 1238, related to a time limit for applications.

Section 1257, acts July 10, 1935, ch. 376, §7, 49 Stat. 479; July 27, 1939, ch. 390, §7, 53 Stat. 1134, related to deportation.

§§1261 to 1264. Transferred

Codification

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.

§§1266 to 1270b. Transferred

Codification

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 Apr. 30, 1946, and was transferred to section 1291 of Title 22.

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.

§§1272 to 1272g. Transferred

Codification

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.

§§1274 to 1274i. Transferred

Codification

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 Apr. 30, 1946, and was transferred to section 1352 of Title 22.

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 Apr. 30, 1946, and was transferred to section 1359 of Title 22.

Section 1274i, act Apr. 30, 1946, ch. 244, title I, §2, 60 Stat. 141, related to definitions of terms used in act Apr. 30, 1946, and was transferred to section 1360 of Title 22.

§§1276 to 1276e. Transferred

Codification

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 July 3, 1946, and was transferred to section 1386 of Title 22.

CHAPTER 6—CANAL ZONE

Canal Zone Code

Pub. L. 104–201, div. C, title XXXV, §3549, Sept. 23, 1996, 110 Stat. 2870, repealed the Panama Canal Code.

Pub. L. 96–70, title III, §3303(b), Sept. 27, 1979, 93 Stat. 499, redesignated the Canal Zone Code as the Panama Canal Code. See References to Canal Zone Code Deemed References to Panama Canal Code note under section 3602 of Title 22, Foreign Relations and Intercourse.

Pub. L. 87–845, Oct. 18, 1962, 76A Stat. 1, revised and codified into the “Canal Zone Code” all the general and permanent laws relating to and in force in the Canal Zone as of Oct. 18, 1962, other than the general laws of the United States relating to or applying in the Canal Zone.

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.

§§1301 to 1304. Omitted

Codification

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.

§§1304a to 1304c. Repealed. Aug. 10, 1949, ch. 415, §9(c), 63 Stat. 597

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.

§§1305 to 1314. Omitted

Codification

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 Sept. 7, 1916.

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.

§1314a. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

Section, act July 9, 1937, ch. 470, §1, 50 Stat. 486, related to air regulations.

§§1314b to 1314e. Repealed. Aug. 10, 1949, ch. 415, §9(d), 63 Stat. 597

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.

§§1314f to 1315a. Omitted

Codification

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 Oct. 1, 1942.

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.

§1316. Repealed. Sept. 26, 1950, ch. 1049, §13(3), 64 Stat. 1043

Section, act June 12, 1917, ch. 27, §1, 40 Stat. 179, related to refund of excessive tolls.

§§1317 to 1319. Omitted

Codification

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.

§1320. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 642

Section, act Aug. 24, 1912, ch. 390, §5, 37 Stat. 562, related to injuries to employees.

§§1321, 1322. Omitted

Codification

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, 39 Stat. 529; June 19, 1934, ch. 667, §1, 48 Stat. 1122, related to injury to Canal and appurtenances.

§§1323 to 1323–3. Repealed. Sept. 26, 1950, ch. 1049, §13(2), 64 Stat. 1043

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.

§1323a. Omitted

Codification

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.

§1323b. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

Section, act June 13, 1940, ch. 358, §2, 54 Stat. 389, related to postal-savings deposits.

§1323c. Omitted

Codification

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.

§§1323d to 1323h. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

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.

§1323i. Omitted

Codification

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.

§1323j. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

Section, act June 13, 1940, ch. 358, §2, 54 Stat. 389, related to deposit money orders.

§1323k. Omitted

Codification

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.

§§1324, 1325. Repealed. Feb. 16, 1933, ch. 89, §4, 47 Stat. 812

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.

§§1325a to 1327. Omitted

Codification

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.

§§1328, 1329. Repealed. Sept. 26, 1950, ch. 1049, §13(1), 64 Stat. 1043

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.

§§1330 to 1336h. Omitted

Codification

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, §§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, §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.

§1336i. Repealed. June 24, 1936, ch. 754, §10, 49 Stat. 1906

Section, act Feb. 16, 1933, ch. 88, §9, 47 Stat. 812, related to small vessels carrying passengers.

§§1336j, 1336k. Omitted

Codification

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.

§1337. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

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.

§§1337a to 1337c. Omitted

Codification

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.

§§1341 to 1344. Omitted

Codification

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.

§1344–1. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

Section, act Dec. 16, 1941, ch. 580, §3, 55 Stat. 803, related to rules of criminal procedure.

§§1344a to 1355. Omitted

Codification

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. 12, 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.

§1356. Repealed. June 25, 1948, ch. 646, §35, 62 Stat. 991

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.

Effective Date of Repeal

Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§§1357, 1358. Omitted

Codification

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.

§1361. Repealed. Sept. 26, 1950, ch. 1049, §13(7), 64 Stat. 1043

Section, act June 29, 1948, ch. 706, §1, 62 Stat. 1075, related to purpose of organization of Panama Railroad Company.

§§1361a to 1361l. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

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.

§§1371 to 1371b. Repealed. July 21, 1949, ch. 356, §1(b), 63 Stat. 475

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.

Effective Date of Repeal

Repeal effective Apr. 1, 1948, see section 7(a) of act July 21, 1949.

Additional Repeal

Sections were also repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 648.

§1371b–1. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 648

Section, act June 16, 1933, ch. 101, §8(b), 48 Stat. 306, related to involuntary separation retirement benefits.

§§1371c to 1371p. Repealed. July 21, 1949, ch. 356, §1(b), 63 Stat. 475

Section 1371c, acts Mar. 2, 1931, ch. 375, §4, 46 Stat. 1472; Ex. Ord. No. 6670 Apr. 7, 1934; June 24, 1936, ch. 754, §2, 49 Stat. 1904; Apr. 12, 1939, ch. 58, 53 Stat. 574; Dec. 16, 1941, ch. 584, §2, 55 Stat. 806, related to disability retirement.

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, Apr. 7, 1934, related to credit for past service.

Section 1371h, acts Mar. 2, 1931, ch. 375, §9, 46 Stat. 1477; Ex. Ord. No. 6670, Apr. 7, 1934; Dec. 16, 1941, ch. 584, §2, 55 Stat. 806, related to deductions.

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, Apr. 7, 1934; June 24, 1936, ch. 754, §§4 to 6, 49 Stat. 1905; Dec. 16, 1941, ch. 584, §4, 55 Stat. 806; July 29, 1942, ch. 536, §4, 56 Stat. 728, related to return of amounts deducted from salaries.

Section 1371k, acts Mar. 2, 1931, ch. 375, §12, 46 Stat. 1478; Ex. Ord. No. 6670, Apr. 7, 1934; July 29, 1942, ch. 536, §5, 56 Stat. 728, related to payment of annuities.

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, Apr. 7, 1934, related to Board of actuaries.

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. Apr. 7, 1934, related to administrative provisions.

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. Apr. 7, 1934, related to effective date of these sections.

Effective Date of Repeal

Repeal effective Apr. 1, 1948, see section 7(a) of act July 21, 1949.

Additional Repeal

Sections were also repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 648.

§1372. Repealed. Pub. L. 87–845, §26(b), Oct. 18, 1962, 76A Stat. 701

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.

§§1373 to 1374d. Omitted

Codification

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.

§§1381, 1382. Transferred

Codification

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. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101, related to preservation of natural features of area, and was transferred to section 79a of Title 20.

§1383. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650

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.

§§1384 to 1387. Transferred

Codification

Section 1384, act July 2, 1940, ch. 516, §4, 54 Stat. 724; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101, related to functions of Smithsonian Institution, and was transferred to section 79b of Title 20, Education.

Section 1385, act July 2, 1940, ch. 516, §5, 54 Stat. 725; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101, related to resident manager, and was transferred to section 79c of Title 20.

Section 1386, act July 2, 1940, ch. 516, §6, 54 Stat. 725; 1946 Reorg. Plan No. 3, §801, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1101, related to deposit of receipts into treasury, and was transferred to section 79d of Title 20.

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.

CHAPTER 7—VIRGIN ISLANDS

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
1391.
Repealed.
1392.
Local laws continued; courts.
1392a to 1393. Repealed.
1394.
Customs duties and internal-revenue taxes.
1395.
Tax laws continued; tax on sugar.
1396.
Duties and taxes covered into Virgin Islands treasury.
1397.
Income tax laws of United States in force; payment of proceeds; levy of surtax on all taxpayers.
1398 to 1400. Omitted or Repealed.
1401.
Equalization of taxes on real property; declaration of policy.
1401a.
Valuation of real property for assessment; uniformity of rates.
1401b.
Rate of tax in absence of local laws; regulations by President for assessment and collection pending adoption of local laws.
1401c.
Depository.
1401d.
Omitted.
1401e.
Exemptions from taxation; authority of municipalities to alter, amend, or repeal existing laws.
1401f.
Omitted.
1402.
Extension of industrial alcohol and internal revenue laws to Virgin Islands.
1403.
Issuance of bonds or other obligations by government or municipalities; use of proceeds; limit on public indebtedness; terms, execution, interest rate, and sale price; taxes.
1403a.
Expenditure of bond proceeds for public improvements.
1403b.
Bond liability of United States.

        

SUBCHAPTER II—CIVIL GOVERNMENT

1405.
Geographical application of subchapter; land and waters included in term “Virgin Islands”.
1405a, 1405b. Repealed.
1405c.
Transfer of property to government.
(a)
Property not reserved.
(b)
Applicability of United States law.
(c)
Applicability of tonnage duties.
(d)
Presidential determination of applicable laws.
(e)
Existing powers of United States officers unaffected.
1405d to 1405p. Repealed.
1405q.
Laws continued in force until modified; patent, trade mark, and copyright laws extended to Virgin Islands; jurisdiction of district court.
1405r to 1406e. Repealed or Omitted.
1406f.
Judicial process; title of criminal prosecutions.
1406g.
Repealed.
1406h.
Taxes, duties and fees as funds for benefit of municipalities; appropriations.
1406i.
Taxes and fees; power to assess and collect; ports of entry; export duties.
1406j, 1406k. Repealed.
1406l.
Effective date.
1406m.
Short title.

        

SUBCHAPTER III—VIRGIN ISLANDS CORPORATION

1407 to 1407i. Repealed.

        

SUBCHAPTER IV—PUBLIC HOUSING

1408.
Legislative authority to create authorities; appointment of members; powers of authorities.
1408a.
Issuance of notes, bonds, and obligations.
1408b.
Authorization of loans, conveyances, etc., by government and municipalities.
1408c.
Grants-in-aid by Federal Government.
1408d.
Ratification of prior acts.
1408e.
Additional powers.

        

SUBCHAPTER V—INTERNAL DEVELOPMENT

1409 to 1409j. Repealed.

        

SUBCHAPTER VI—AGRICULTURAL PROGRAM

1409m to 1409o. Repealed.

        

SUBCHAPTER I—GENERAL PROVISIONS

Additional Provisions

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.

Codification

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 July 22, 1954, and not inconsistent with act July 22, 1954, are to remain in force and effect until otherwise changed.

Constitutions for Virgin Islands and Guam: Establishment; Congressional Authorization

Pub. L. 94–584, Oct. 21, 1976, 90 Stat. 2899, as amended by Pub. L. 96–597, title V, §501, Dec. 24, 1980, 94 Stat. 3479, provided:

“[Section 1. Authorization to organize governments] That the Congress, recognizing the basic democratic principle of government by the consent of the governed, authorities the peoples of the Virgin Islands and of Guam, respectively, to organize governments pursuant to constitutions of their own adoption as provided in this Act.

Sec. 2. [Constitutional conventions and draft provisions] (a) The Legislatures of the Virgin Islands and Guam, respectively, are authorized to call constitutional conventions to draft, within the existing territorial-Federal relationship, constitutions for the local self-government of the people of the Virgin Islands and Guam.

“(b) Such constitutions shall—

“(1) recognize, and be consistent with, the sovereignty of the United States over the Virgin Islands and Guam, respectively, and the supremacy of the provisions of the Constitution, treaties, and laws of the United States applicable to the Virgin Islands and Guam, respectively, including, but not limited to, those provisions of the Organic Act [this chapter] and Revised Organic Act of the Virgin Islands [section 1541 et seq. of this title] and the Organic Act of Guam [section 1421 et seq. of this title] which do not relate to local self-government.

“(2) provide for a republican form of government, consisting of three branches: executive, legislative, and judicial;

“(3) contain a bill of rights;

“(4) deal with the subject matter of those provisions of the Revised Organic Act of the Virgin Islands of 1954, as amended, and the Organic Act of Guam, as amended, respectively, which relate to local self-government;

“(5) with reference to Guam, provide that the voting franchise may be vested only in residents of Guam who are citizens of the United States;

“(6) provide for a system of local courts consistent with the provisions of the Revised Organic Act of the Virgin Islands, as amended; and

“(7) provide for the establishment of a system of local courts the provisions of which shall become effective no sooner than upon the enactment of legislation regulating the relationship between the local courts of Guam with the Federal judicial system.

Sec. 3. [Selection and qualifications of members] The members of such constitutional conventions shall be chosen as provided by the laws of the Virgin Islands and Guam, respectively (enacted after the date of enactment of this Act [Oct. 21, 1976]): Provided, however, That no person shall be eligible to be a member of the constitutional conventions, unless he is a citizen of the United States and qualified to vote in the Virgin Islands and Guam, respectively.

Sec. 4. [Submittal of proposed constitutions to governors and President] The conventions shall submit to the Governor of the Virgin Islands a proposed constitution for the Virgin Islands and to the Governor of Guam a proposed constitution for Guam which shall comply with the requirements set forth in section 2(b) above. Such constitutions shall be submitted to the President of the United States by the Governors of the Virgin Islands and Guam.

“Sec. 5. [Transmittal to Congress and submittal to voters] Within sixty calendar days after the respective date on which he has received each constitution, the President shall transmit such constitution together with his comments to the Congress. The constitution, in each case, shall be deemed to have been approved by the Congress within sixty legislative days (not interrupted by an adjournment sine die of the Congress) after its submission by the President, unless prior to that date the Congress has approved the constitution, or modified or amended it, in whole or in part, by joint resolution. As so approved or modified, the constitutions shall be submitted to the qualified voters of the Virgin Islands and Guam, respectively, for acceptance or rejection through islandwide referendums to be conducted as provided under the laws of the Virgin Islands and Guam, respectively, (enacted after the date of enactment of this Act) [Oct. 21, 1976]. Upon approval by not less than a majority of the votes (counting only the affirmative or negative votes) participating in such referendums, the constitutions shall become effective in accordance with their terms.”

Delegate to Congress From Virgin Islands

Provisions respecting representation in Congress by a Delegate from Virgin Islands to the House of Representatives, see section 1711 et seq. of this title.

§1391. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643

Section, act Mar. 3, 1917, ch. 171, §1, 39 Stat. 1132, provided for appointment and pay of Governor of Virgin Islands and other employees.

§1392. Local laws continued; courts

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 and 1394 to 1396 of this title, the laws regulating elections and the electoral franchise as set forth in the code of laws published at Amalienborg the 6th day of April, 1906, and the other local laws, in force and effect in said islands on the 17th day of January, 1917, shall remain in force and effect in said islands, and the same shall be administered by the civil officials and through the local judicial tribunals established in said islands, respectively; and the orders, judgments, and decrees of said judicial tribunals shall be duly enforced. With the approval of the President, or under such rules and regulations as the President may prescribe, any of said laws may be repealed, altered, or amended by the colonial council having jurisdiction. The jurisdiction of the judicial tribunals of said islands shall extend to all judicial proceedings and controversies in said islands to which the United States or any citizen thereof may be a party.

(Mar. 3, 1917, ch. 171, §2, 39 Stat. 1132; June 25, 1948, ch. 646, §39, 62 Stat. 992.)

References in Text

Section 1391 of this title, referred to in text, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643.

Amendments

1948—Act June 25, 1948, repealed last sentence relating to appeals. See section 1294 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1948 Amendment

Amendment by act June 25, 1948, effective Sept. 1, 1948, see section 38 of that act set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

1 See References in Text note below.

§1392a. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 650, 654

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.

§1392b. Repealed. Pub. L. 97–357, title III, §308(c), Oct. 19, 1982, 96 Stat. 1710

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.

§1393. Repealed. Pub. L. 97–357, title III, §308(a), Oct. 19, 1982, 96 Stat. 1710

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.

§1394. Customs duties and internal-revenue taxes

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.

(Mar. 3, 1917, ch. 171, §3, 39 Stat. 1133; Sept. 7, 1950, ch. 909, 64 Stat. 784.)

Amendments

1950—Act Sept. 7, 1950, permitted free entry of articles into the United States from the Virgin Islands when such articles contain foreign materials which may be imported directly into the United States free of duty.

Section Referred to in Other Sections

This section is referred to in sections 1392, 1396 of this title.

§1395. Tax laws continued; tax on sugar

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 1392, 1394, and 1396 of this title on articles, goods, wares, or merchandise may be levied and collected as the Colonial Council of Saint Croix, or as the Colonial Council of Saint Thomas and Saint John, may direct, on the articles subject to said tax, as soon as the same are manufactured, sold, used, or brought into the island: And provided further, That no discrimination be made between the articles imported from the United States or foreign countries and similar articles produced or manufactured in the municipality of Saint Croix, or in the municipality of Saint Thomas and Saint John, respectively. The officials of the Customs and Postal Services of the United States are directed to assist the appropriate officials of the municipality of Saint Croix, or of the municipality of Saint Thomas and Saint John, in the collection of these taxes.

(Mar. 3, 1917, ch. 171, §4, 39 Stat. 1133; Feb. 25, 1927, ch. 192, §5, 44 Stat. 1235; June 24, 1932, ch. 275, 47 Stat. 333.)

References in Text

The customs laws, referred to in text, are classified generally to Title 19, Customs Duties.

Section 1391 of this title, referred to in text, was repealed by Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 643.

Amendments

1932—Act June 24, 1932, inserted provisos permitting local levy of internal revenue taxes, prohibiting discrimination against imports, and directing customs and postal services to assist in collecting taxes.

1927—Act Feb. 25, 1927, reduced export duty on sugar from $8 to $6 per ton.

Section Referred to in Other Sections

This section is referred to in sections 1392, 1396 of this title.

1 See References in Text note below.

§1396. Duties and taxes covered into Virgin Islands treasury

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.

(Mar. 3, 1917, ch. 171, §5, 39 Stat. 1133.)

Section Referred to in Other Sections

This section is referred to in section 1392 of this title.

§1397. Income tax laws of United States in force; payment of proceeds; levy of surtax on all taxpayers

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.

(July 12, 1921, ch. 44, §1, 42 Stat. 123; Pub. L. 94–392, §5, Aug. 19, 1976, 90 Stat. 1195.)

References in Text

The income-tax laws in force in the United States of America, referred to in text, are classified to Title 26, Internal Revenue Code.

Codification

Section is from act July 12, 1921, popularly known as the Naval Service Appropriation Act, 1922.

Amendments

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.

Application of Western Hemisphere Trade Corporation Provision Under the Virgin Islands Tax Laws

Pub. L. 92–178, title III, §307, Dec. 10, 1971, 85 Stat. 524, provided that for purposes of applying the income tax laws of the United States with respect to the Virgin Islands under this section, subpart C of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1954 [former 26 U.S.C. 921, 922] (relating to Western Hemisphere Trade Corporations) shall be treated as having been repealed effective with respect to taxable years beginning after Dec. 10, 1971.

Section Referred to in Other Sections

This section is referred to in title 26 section 934.

§1398. Omitted

Codification

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.

§1399. Repealed. Pub. L. 97–357, title III, §308(b), Oct. 19, 1982, 96 Stat. 1710

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.

§1400. Repealed. Pub. L. 98–454, title VII, §709, Oct. 5, 1984, 98 Stat. 1741

Section, act May 20, 1932, ch. 194, 47 Stat. 160, related to extension of admiralty laws of the United States to Virgin Islands.

Effective Date of Repeal

Repeal effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.

§1401. Equalization of taxes on real property; declaration of policy

It is the policy of Congress to equalize and more equitably to distribute existing taxes on real property in the Virgin Islands of the United States and to reduce the burden of taxation now imposed on land in productive use in such islands.

(May 26, 1936, ch. 450, §1, 49 Stat. 1372.)

Section Referred to in Other Sections

This section is referred to in sections 1401b, 1401e of this title.

§1401a. Valuation of real property for assessment; uniformity of rates

For the calendar year 1936 and for all succeeding years all taxes on real property in the Virgin Islands shall be computed on the basis of the actual value of such property and the rate in each municipality of such islands shall be the same for all real property subject to taxation in such municipality whether or not such property is in cultivation and regardless of the use to which such property is put.

(May 26, 1936, ch. 450, §2, 49 Stat. 1372.)

Section Referred to in Other Sections

This section is referred to in sections 1401b, 1401e of this title.

§1401b. Rate of tax in absence of local laws; regulations by President for assessment and collection pending adoption of local laws

Until local tax laws conforming to the requirements of sections 1401 to 1401e of this title are in effect in a municipality the tax on real property in such municipality for any calendar year shall be at the rate of 1.25 per centum of the assessed value. If the legislative authority of a municipality failed to enact laws for the levy, assessment, collection, or enforcement of any tax imposed under authority of said sections, within three months after May 26, 1936, the President shall prescribe regulations for the levy, assessment, collection, and enforcement of such tax, which shall be in effect until the legislative authority of such municipality shall make regulations for such purposes.

(May 26, 1936, ch. 450, §3, 49 Stat. 1372.)

Section Referred to in Other Sections

This section is referred to in section 1401e of this title.

§1401c. Depository

All taxes so levied and collected shall be deposited in the municipal treasury of the municipality in which such taxes are collected.

(May 26, 1936, ch. 450, §4, 49 Stat. 1372.)

Section Referred to in Other Sections

This section is referred to in sections 1401b, 1401e of this title.

§1401d. Omitted

Codification

Section, acts May 26, 1936, ch. 450, §5, 49 Stat. 1372; June 30, 1949, ch. 285, §12, 63 Stat. 356, which 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, was omitted in view of the termination of the Corporation program on June 30, 1965, and subsequent dissolution of the Corporation on July 1, 1966, and the repeal of sections 1407 to 1407i of this title, which provided the basic authority for the Corporation, by Pub. L. 97–357, title III, §308(e), Oct. 19, 1982, 96 Stat. 1710.

§1401e. Exemptions from taxation; authority of municipalities to alter, amend, or repeal existing laws

Nothing in sections 1401 to 1401e of this title shall be construed as altering, amending, or repealing exemptions from taxation, existing on May 26, 1936, of property used for educational, charitable, or religious purposes. Subject to the provisions of said sections, the legislative authority of the respective municipalities is empowered to alter, amend, or repeal, subject to the approval of the Governor, any law imposing taxes on real and personal property on May 26, 1936.

(May 26, 1936, ch. 450, §6, 49 Stat. 1373.)

Section Referred to in Other Sections

This section is referred to in section 1401b of this title.

§1401f. Omitted

Codification

Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 Stat. 1392, which authorized Territorial and local governments of Virgin Islands to make purchases through General Services Administration, was from the Department of the Interior and Related Agencies Appropriations Act, 1992, and was not repeated in subsequent appropriation acts. See section 1469e of this title. Similar provisions were contained in the following prior appropriation acts:

Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007.

Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932.

Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716.

Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797.

Dec. 22, 1987, Pub. L. 100–202, §101(g) [title I], 101 Stat. 1329–213, 1329–231.

Oct. 18, 1986, Pub. L. 99–500, §101(h) [title I], 100 Stat. 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, §101(h) [title I], 100 Stat. 3341–242, 3341–258.

Dec. 19, 1985, Pub. L. 99–190, §101(d) [title I], 99 Stat. 1224, 1238.

Oct. 12, 1984, Pub. L. 98–473, title I, §101(c) [title I], 98 Stat. 1837, 1851.

Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931.

Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979.

Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401.

Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969.

Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965.

Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289.

July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295.

July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052.

Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987.

Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812.

Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433.

Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512.

Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233.

July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673.

Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151.

July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430.

June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63.

May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174.

June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179.

July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278.

July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102.

Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339.

Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250.

May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112.

June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101.

June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163.

July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265.

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.

§1402. Extension of industrial alcohol and internal revenue laws to Virgin Islands

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 August 27, 1935. The Insular Government shall advance to the Treasury of the United States such funds as may be required from time to time by the Secretary of the Treasury for the purpose of defraying all expenses incurred by the Treasury Department in connection with the enforcement in the Virgin Islands of the said Title III and regulations promulgated thereunder. The funds so advanced shall be deposited in a separate trust fund in the Treasury of the United States and shall be available to the Treasury Department for the purposes of this section.

(June 26, 1936, ch. 830, title III, §329(c), 49 Stat. 1957.)

References in Text

The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended. 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.

The internal revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code.

Codification

Provisions similar to those comprising this section relating to Puerto Rico are classified to section 734a of this title.

§1403. Issuance of bonds or other obligations by government or municipalities; use of proceeds; limit on public indebtedness; terms, execution, interest rate, and sale price; taxes

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 of this title.

(Oct. 27, 1949, ch. 769, §1, 63 Stat. 940.)

Section Referred to in Other Sections

This section is referred to in sections 1403a, 1403b, 1408a of this title.

§1403a. Expenditure of bond proceeds for public improvements

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.

(Oct. 27, 1949, ch. 769, §2, 63 Stat. 941.)

Section Referred to in Other Sections

This section is referred to in sections 1403, 1403b, 1408a of this title.

§1403b. Bond liability of United States

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.

(Oct. 27, 1949, ch. 769, §3, 63 Stat. 941.)

Section Referred to in Other Sections

This section is referred to in sections 1403, 1408a of this title.

SUBCHAPTER II—CIVIL GOVERNMENT

Subchapter Referred to in Other Sections

This subchapter is referred to in sections 1408a, 1574 of this title.

§1405. Geographical application of subchapter; land and waters included in term “Virgin Islands”

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 August 4, 1916, and ratified by the Senate on September 7, 1916 (39 Stat. L. 1706).

(June 22, 1936, ch. 699, §1, 49 Stat. 1807.)

§§1405a, 1405b. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§1405c. Transfer of property to government

(a) Property not reserved

All property which may have been acquired by the United States from Denmark in the Virgin Islands under the convention entered into August 4, 1916, not reserved by the United States for public purposes prior to June 22, 1937, is placed under the control of the Government of the Virgin Islands.

(b) Applicability of United States law

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.

(c) Applicability of tonnage duties

No Federal laws levying tonnage duties, light money, or entrance and clearance fees shall apply to the Virgin Islands.

(d) Presidential determination of applicable laws

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.

(e) Existing powers of United States officers unaffected

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.

(June 22, 1936, ch. 699, §4, 49 Stat. 1808; Aug. 7, 1939, ch. 515, 53 Stat. 1242; Oct. 31, 1951, ch. 654, §1(127), 65 Stat. 706; Pub. L. 97–357, title III, §306, Oct. 19, 1982, 96 Stat. 1709.)

Amendments

1982—Subsec. (d). Pub. L. 97–357 substituted “legislature” for “Legislative Assembly” wherever appearing.

1951—Subsec. (f). Act Oct. 31, 1951, repealed subsec. (f) which authorized the Secretary of the Interior to lease or sell any property under his administrative supervision in the Virgin Islands not needed for public purposes.

1939—Act Aug. 7, 1939, designated existing provisions as subsecs. (a), (b), (e), and (f) and added subsecs. (c) and (d).

Construction of Virgin Islands Projects by Secretary of the Army

Pub. L. 101–640, title IV, §406, Nov. 28, 1990, 104 Stat. 4647, provided that:

“(a) General Rule.—Upon request of the Governor of the Virgin Islands with respect to a construction project in the Virgin Islands for which Federal financial assistance is available under any law of the United States, the Federal official administering such assistance may make such assistance available to the Secretary instead of the Virgin Islands. The Secretary shall use such assistance to carry out such project in accordance with the provisions of such law.

“(b) Limitation on Statutory Construction.—Nothing in this section shall be construed as relieving the Virgin Islands from complying with any requirements for non-Federal cooperation with respect to a construction project carried out with Federal financial assistance provided to the Secretary pursuant to this section; except that the Secretary shall be responsible for complying with administrative and fiscal requirements associated with utilization of such assistance.

“(c) Termination Date.—Subsection (a) shall not be effective after the last day of the 3-year period beginning on the date of the enactment of this Act [Nov. 28, 1990]; except that the Secretary shall complete construction of any project commenced under subsection (a) before such day.”

Ex. Ord. No. 9170. Certain Navigation Laws Made Applicable to Virgin Islands

Ex. Ord. No. 9170, eff. May 21, 1942, 7 F.R. 384, provided in part:

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 June 7, 1897 (30 Stat. 96), as amended by the acts of February 19, 1900 (31 Stat. 30), May 25, 1914 (38 Stat. 381), March 1, 1933 (47 Stat. 1417), Aug. 21, 1935 (49 Stat. 668, 669), May 20, 1936 (49 Stat. 1367), and April 22, 1940 (54 Stat. 150).

(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 Referred to in Other Sections

This section is referred to in section 1545 of this title.

§§1405d to 1405g. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§§1405h, 1405i. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649

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.

§§1405j to 1405p. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

Section 1405j, act June 22, 1936, ch. 699, §11, 49 Stat. 1809, related to powers of municipal councils, 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.

§1405q. Laws continued in force until modified; patent, trade mark, and copyright laws extended to Virgin Islands; jurisdiction of district court

The laws of the United States applicable to the Virgin Islands on June 22, 1936, and all local laws and ordinances in force on such date in the Virgin Islands, not inconsistent with this subchapter, shall continue in force and effect: Provided, That the Municipal Council of Saint Croix and the Municipal Council of Saint Thomas and Saint John, and the legislative assembly, shall have power when not inconsistent with this subchapter and within their respective jurisdictions, to amend, alter, modify, or repeal any law of the United States of local application only, or any ordinance, public or private, civil or criminal, continued in force and effect by this subchapter, except as herein otherwise provided, and to enact new laws and ordinances not inconsistent with this subchapter and not inconsistent with the laws of the United States hereafter made applicable to the Virgin Islands or any part thereof, subject to the power of the Congress to annul the same. The laws of the United States relating to patents, trade marks, and copyrights, and to the enforcement of rights arising thereunder, shall have the same force and effect in the Virgin Islands as in the continental United States, and the District Court of the Virgin Islands shall have the same jurisdiction in causes arising under such laws as is exercised by United States district courts.

(June 22, 1936, ch. 699, §18, 49 Stat. 1811.)

References in Text

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.

§1405r. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§§1405s to 1405t. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649, 651, 655

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.

§§1405u to 1405w. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§1405w–1. Omitted

Codification

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.

§1405x. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§1405y. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649, 650, 654, 657

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.

§§1405z to 1406e. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

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.

§1406f. Judicial process; title of criminal prosecutions

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.”

(June 22, 1936, ch. 699, §37, 49 Stat. 1817.)

§1406g. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

Section, act June 22, 1936, ch. 699, §34, 49 Stat. 1815, related to bill of rights of Virgin Islands.

§1406h. Taxes, duties and fees as funds for benefit of municipalities; appropriations

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.

(June 22, 1936, ch. 699, §35, 49 Stat. 1816.)

§1406i. Taxes and fees; power to assess and collect; ports of entry; export duties

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 June 22, 1936 may be from time to time reduced, repealed, or restored by ordinance of the municipal council having jurisdiction: Provided further, That no new export duties shall be levied in the Virgin Islands except by the Congress.

(June 22, 1936, ch. 699, §36, 49 Stat. 1816.)

References in Text

The customs laws, referred to in text, are classified generally to Title 19, Customs Duties.

§1406j. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 649

Section, act June 22, 1936, ch. 699, §38, 49 Stat. 1817, provided for citizenship of officials and for oath of office.

§1406k. Repealed. Pub. L. 97–357, title III, §307, Oct. 19, 1982, 96 Stat. 1709

Section, act June 22, 1936, ch. 699, §39, 49 Stat. 1817, related to jurisdiction of Secretary of the Interior and Attorney General.

§1406l. Effective date

This subchapter shall take effect June 22, 1936, but until its provisions shall severally become operative as herein provided, the corresponding legislative, executive, and judicial functions of the existing government shall continue to be exercised as now provided by law or ordinance, and the present incumbents of all offices under the Government of the Virgin Islands shall continue in office until their successors are appointed and have qualified unless sooner removed by competent authority.

(June 22, 1936, ch. 699, §40, 49 Stat. 1817.)

§1406m. Short title

This subchapter may be cited as the Organic Act of the Virgin Islands of the United States.

(June 22, 1936, ch. 699, §41, 49 Stat. 1817.)

SUBCHAPTER III—VIRGIN ISLANDS CORPORATION

§§1407 to 1407i. Repealed. Pub. L. 97–357, title III, §308(e), Oct. 19, 1982, 96 Stat. 1710

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; Sept. 2, 1958, Pub. L. 85–913, §§1–3, 72 Stat. 1759; June 6, 1972, Pub. L. 92–310, title II, §234, 86 Stat. 214, related to general powers of Corporation.

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; Sept. 2, 1958, Pub. L. 85–913, §4, 72 Stat. 1760; Oct. 4, 1961, Pub. L. 87–382, 75 Stat. 812, related to appropriation of money and establishment of a revolving fund.

Section 1407f, act June 30, 1949, ch. 285, §7, 63 Stat. 353; 1970 Reorg. Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, related to use of funds and limitations thereon, interest payments to Treasury on advances, and contributions to retirement and disability funds.

Section 1407g, acts June 30, 1949, ch. 285, §8, 63 Stat. 354; Sept. 2, 1958, Pub. L. 85–913, §5, 72 Stat. 1760, related to authorization of appropriations necessary to cover losses substained in revenue-producing activities, expenses incurred in non-revenue-producing activities, and an appraisal of necessary working capital.

Section 1407h, acts June 30, 1949, ch. 285, §9, 63 Stat. 354; Sept. 2, 1958, Pub. L. 85–913, §6, 72 Stat. 1760, related to Board of Directors of Corporation.

Section 1407i, act June 30, 1949, ch. 285, §10, 63 Stat. 355; 1970 Reorg. Plan No. 2, §102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, related to transfer of functions, assets, and property of Virgin Islands Company to Corporation.

Effective Date

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 June 30, 1949, was repealed by Pub. L. 97–357, title III, §308(e), Oct. 19, 1982, 96 Stat. 1710.

Short Title

Act June 30, 1949, ch. 285, §15, 63 Stat. 356, provided that act June 30, 1949, enacting sections 1407 to 1407i of this title and amending section 1401d of this title and section 846 of former Title 31, Money and Finance, could be cited as the “Virgin Islands Corporation Act”, prior to repeal by Pub. L. 97–357, title III, §308(e), Oct. 19, 1982, 96 Stat. 1710.

Savings Provision

Section 308(e) of Pub. L. 97–357 provided in part: “That nothing in this subsection [repealing sections 1407 to 1407i of this title] shall affect the pension rights of former employees of the Virgin Islands Corporation.”

Transfer of Facilities; Investment Increase; Supply of Electric Power

Pub. L. 85–913, §7, Sept. 2, 1958, 72 Stat. 1760, authorized the Secretary of the Navy to transfer and convey to the Virgin Islands Corporation, without reimbursement, the power-generating facilities located at the Marine Corps air facility and naval submarine base, Saint Thomas, Virgin Islands, together with all the land, buildings, structures, facilities, distribution lines, fuel tanks, and equipment appurtenant thereto and necessary for the operation thereof, with such transfer to be accomplished not later than June 30, 1969.

Dissolution of Virgin Islands Company

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), Oct. 19, 1982, 96 Stat. 1710.

SUBCHAPTER IV—PUBLIC HOUSING

§1408. Legislative authority to create authorities; appointment of members; powers of authorities

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.

(July 18, 1950, ch. 466, title III, §301, 64 Stat. 346; Aug. 11, 1955, ch. 783, title I, §107(5), (7), (9), 69 Stat. 638.)

References in Text

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, as amended, 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, as amended, 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.

Amendments

1955—Act Aug. 11, 1955, included urban renewal projects, and inserted “as amended” after “Housing Act of 1949” and after “this Act”.

Urban Renewal Activities

Section 107(4) of act Aug. 11, 1955, 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.

§1408a. Issuance of notes, bonds, and obligations

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.

(July 18, 1950, ch. 466, title III, §302, 64 Stat. 346.)

References in Text

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, as amended, 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.

§1408b. Authorization of loans, conveyances, etc., by government and municipalities

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.

(July 18, 1950, ch. 466, title III, §303, 64 Stat. 347; Aug. 11, 1955, ch. 783, title I, §107(5), 69 Stat. 638.)

Amendments

1955—Act Aug. 11, 1955, included urban renewal projects.

§1408c. Grants-in-aid by Federal Government

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.

(July 18, 1950, ch. 466, title III, §304, 64 Stat. 347; Aug. 11, 1955, ch. 783, title I, §107(6)–(9), 69 Stat. 638; Pub. L. 90–19, §9, May 25, 1967, 81 Stat. 22.)

References in Text

The Housing Act of 1949, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, 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 Jan. 1, 1975. 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, as amended, 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.

Amendments

1967—Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Housing and Home Finance Administrators.”

1955—Act Aug. 11, 1955, included urban renewal projects, and inserted “as amended” after (Public Law 171, Eighty-first Congress), after “this Act”, and after “Housing Act of 1949” in cl. (1).

§1408d. Ratification of prior acts

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.

(July 18, 1950, ch. 466, title III, §305, 64 Stat. 347.)

References in Text

This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, as amended, 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.

§1408e. Additional powers

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.

(July 18, 1950, ch. 466, title III, §306, 64 Stat. 347.)

References in Text

This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, as amended, 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.

SUBCHAPTER V—INTERNAL DEVELOPMENT

§§1409 to 1409j. Repealed. Pub. L. 97–357, title III, §308(d), Oct. 19, 1982, 96 Stat. 1710

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. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to undertaking of certain useful construction projects to assist in internal development of Virgin Islands.

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. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267; July 12, 1982, Pub. L. 97–214, §10(b)(3), 96 Stat. 175, related to acquisition of lands for projects authorized.

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. May 24, 1950, 15 F.R. 3167, 64 Stat. 1267, related to acceptance of funds and materials from Virgin Islands government for use in connection with projects authorized.

Section 1409d, act Dec. 20, 1944, ch. 615, §5, 58 Stat. 829; 1950 Reorg. Plan No. 15, §1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, required construction of projects authorized to be by contract, provided that repairs and improvements to existing structures be accomplished by employment of persons without regard to civil-service and classification laws.

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. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to procurement, warehousing and distribution of property, and establishment of a revolving fund for purchase, repairs, etc., of materials and supplies.

Section 1409f, act Dec. 20, 1944, ch. 615, §7, 58 Stat. 829, made inapplicable to projects authorized the provisions of section 5 of 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. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to consideration and settlement of claims for injury to persons and damage to property, and limitations thereon.

Section 1409i, act Dec. 20, 1944, ch. 615, §10, 58 Stat. 830; 1950 Reorg. Plan No. 15, §1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to promulgation of rules and regulations.

Section 1409j, act Dec. 20, 1944, ch. 615, §11, 58 Stat. 830; 1950 Reorg. Plan No. 15, §1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to authorization of appropriations for administrative and other expenses.

Estimates As Not Constituting Limitations

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.

SUBCHAPTER VI—AGRICULTURAL PROGRAM

§§1409m to 1409o. Repealed. Pub. L. 97–357, title III, §308(f), Oct. 19, 1982, 96 Stat. 1710

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.

CHAPTER 8—GUANO ISLANDS

Sec.
1411.
Guano districts; claim by United States.
1412.
Notice of discovery of guano and proofs.
1413.
Completion of proof on death of discoverer.
1414.
Exclusive privileges of discoverer.
1415.
Restrictions upon exportation.
1416.
Regulation of trade.
1417.
Criminal jurisdiction.
1418.
Employment of land and naval forces in protection of rights.
1419.
Right to abandon islands.

        

§1411. Guano districts; claim by United States

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.)

Codification

R.S. §5570 derived from act Aug. 18, 1856, ch. 164, §1, 11 Stat. 119.

Section Referred to in Other Sections

This section is referred to in sections 1415, 1417 of this title.

§1412. Notice of discovery of guano and proofs

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.)

Codification

R.S. §5571 derived from act Aug. 18, 1856, ch. 164, §1, 11 Stat. 119.

Section Referred to in Other Sections

This section is referred to in section 1413 of this title.

§1413. Completion of proof on death of discoverer

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 April 2, 1872, by the United States.

(R.S. §5572.)

Codification

R.S. §5572 derived from act Apr. 2, 1872, ch. 81, §1, 17 Stat. 48.

§1414. Exclusive privileges of discoverer

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.)

Codification

R.S. §5573 derived from act Aug. 18, 1856, ch. 164, §2, 11 Stat. 119.

§1415. Restrictions upon exportation

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.)

Codification

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 July 14, 1872, in relation to all persons who had complied with the provisions of that title of the Revised Statutes, was omitted as temporary.

§1416. Regulation of trade

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.)

Codification

R.S. §5575 derived from act Aug. 18, 1856, ch. 164, §3, 11 Stat. 120.

§1417. Criminal jurisdiction

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.)

Codification

R.S. §5576 derived from act Aug. 18, 1856, ch. 164, §6, 11 Stat. 120.

§1418. Employment of land and naval forces in protection of rights

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.)

Codification

R.S. §5577 derived from act Aug. 18, 1856, ch. 164, §5, 11 Stat. 120.

§1419. Right to abandon islands

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.)

Codification

R.S. §5578 derived from act Aug. 18, 1856, ch. 164, §4, 11 Stat. 120.

CHAPTER 8A—GUAM

SUBCHAPTER I—GENERAL PROVISIONS

Sec.
1421.
Territory included under name Guam.
1421a.
Unincorporated territory; capital; powers of government; suits against government; type of government; supervision.
1421b.
Bill of rights.
1421c.
Certain laws continued in force; modification or repeal of laws.
1421d.
Salaries and allowances of officers and employees.
1421e.
Duty on articles.
1421f.
Title to property transferred.
(a)
Property employed by naval government of Guam.
(b)
Other property not reserved.
(c)
Secretary of the Interior; sale or lease.
1421f–1.
Acknowledgement of deeds.
1421g.
Establishment and maintenance of public bodies and offices.
(a)
Public health services.
(b)
Public educational system.
(c)
Office of Public Prosecutor; Office of Public Auditor.
(d)
Attorney General.
1421h.
Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year.
1421i.
Income tax.
(a)
Applicability of Federal laws; separate tax.
(b)
Guam Territorial income tax.
(c)
Enforcement of tax.
(d)
“Income-tax laws” defined; administration and enforcement; rules and regulations.
(e)
Substitution of terms.
(f)
Criminal offenses; prosecution.
(g)
Liens.
(h)
Jurisdiction of District Court; suits for recovery or collection of taxes; payment of judgment.
1421j.
Authorization of appropriations.
1421k.
Designation of naval or military reservations; closed port.
1421k–1 to 1421m. Repealed.
1421n.
Applicability of Federal copyright laws.
1421o.
Federal assistance for fire control, watershed protection, and reforestation.
1421p.
Authorization of appropriations.
1421q.
Applicability of Federal laws.
1421q–1.
Applicability of laws referred to in section 502(a)(1) of Covenant to Establish a Commonwealth of the Northern Mariana Islands.

        

SUBCHAPTER II—THE EXECUTIVE BRANCH

1422.
Governor and Lieutenant Governor; term of office; qualifications; powers and duties; annual report to Congress.
1422a.
Removal of Governor, Lieutenant Governor, or member of legislature; referendum election.
1422b.
Vacancy in office of Governor or Lieutenant Governor.
(a)
Temporary disability or temporary absence of Governor.
(b)
Permanent vacancy in office of Governor.
(c)
Temporary disability or temporary absence of Lieutenant Governor.
(d)
Permanent vacancy in office of Lieutenant Governor.
(e)
Temporary disability or temporary absence of both Governor and Lieutenant Governor.
(f)
Additional compensation.
1422c.
Executive agencies and instrumentalities.
(a)
Appointment of heads; establishment of merit system; Civil Service Commission.
(b)
Powers and duties of officers.
(c)
Reorganization.
(d)
Continuation in office of incumbents.
1422d.
Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior.
(a)
Functions, powers, and duties transferred.
(b)
Scope of authority transferred.
(c)
Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interior.

        

SUBCHAPTER III—THE LEGISLATURE

1423.
Legislature of Guam.
(a)
Unicameral nature; power.
(b)
Size of legislature; prohibition against denial of equal protection; at large and district representation.
(c)
Reapportionment; Federal census base.
(d)
Timing of biennial elections.
1423a.
Power of legislature; limitation on indebtedness of Guam; bond issues; guarantees for purchase by Federal Financing Bank of Guam Power Authority bonds or other obligations; interest rates; default.
1423b.
Selection and qualification of members; officers; rules and regulations; quorum.
1423c.
Privileges of members.
1423d.
Oath of office.
1423e.
Prohibition against acceptance of salary increases or newly created offices.
1423f.
Qualifications of members.
1423g.
Vacancies.
1423h.
Regular and special sessions.
1423i.
Approval of bills.
1423j.
Authorization of appropriations.
1423k.
Right of petition.
1423l.
Omitted.

        

SUBCHAPTER IV—THE JUDICIARY

1424.
District Court of Guam; local courts; jurisdiction.
(a)
District Court of Guam; local courts.
(b)
Jurisdiction.
(c)
Original jurisdiction.
1424–1.
Local courts; composition; appellate court; jurisdiction; practice and procedure; qualifications and duties of judges.
(a)
Composition; establishment of appellate court.
(b)
Jurisdiction.
(c)
Practice and procedure; qualifications and duties of judges.
1424–2.
Relations between courts of United States and courts of Guam; review by United States Court of Appeals for Ninth Circuit; reports to Congress; rules.
1424–3.
Appellate jurisdiction for District Court; procedure; review by United States Court of Appeals for Ninth Circuit; rules; appeals to appellate court.
(a)
Appellate jurisdiction of District Court.
(b)
Appellate division of District Court; quorum; presiding judge; designation of judges; decisions.
(c)
United States Court of Appeals for Ninth Circuit; jurisdiction; appeals; rules.
(d)
Appeals to appellate court; effect on District Court.
1424–4.
Criminal offenses; procedure; definitions.
1424a.
Repealed.
1424b.
Judge of District Court; appointment, tenure, removal, and compensation; appointment of United States attorney and marshal.
1424c.
Review of claims respecting land on Guam.
(a)
Jurisdiction.
(b)
Acquisitions effected through condemnation proceedings.
(c)
Fair compensation.
(d)
Employment of special masters or judges.
(e)
Awards.
(f)
Limitation on attorney's fees; violation; penalty.
(g)
Availability of documents, records, and writings to court.

        

SUBCHAPTER V—PUBLIC HOUSING AND URBAN RENEWAL

1425.
Omitted.
1425a.
Legislative authority to create authorities; appointment of members; powers of authorities.
1425b.
Issuance of notes, bonds, and obligations.
1425c.
Authorization of loans, conveyances, etc.
1425d.
Ratification of prior act.
1425e.
Additional powers.
1426.
Repealed.

        

SUBCHAPTER VI—GUAM DEVELOPMENT FUND

1428.
Authorization of appropriations.
1428a.
Submission of plan for use of funds; contents of plan; term, interest rate, and premium charge of loan.
1428b.
Prerequisite for loan or loan guarantee; maximum participation in available funds; reserves for loan guarantees.
1428c.
Accounting procedures.
1428d.
Report for inclusion in annual report by Governor.
1428e.
Audit of books and records of agency, or agencies, administering loan funds.

        

Constitutions for Virgin Islands and Guam: Establishment; Congressional Authorization

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, Oct. 21, 1976, 90 Stat. 2899, set out as a note under section 1541 of this title.

Delegate to Congress From Guam

Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title.

Chapter Referred to in Other Sections

This chapter is referred to in sections 1425b, 1469a–1 of this title.

SUBCHAPTER I—GENERAL PROVISIONS

§1421. Territory included under name Guam

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, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam.

(Aug. 1, 1950, ch. 512, §2, 64 Stat. 384.)

Effective Date; Continuation of Federal Administration

Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers conferred by this chapter would come into