TITLE 48—TERRITORIES AND INSULAR POSSESSIONS
CHAPTER 1—BUREAU OF INSULAR AFFAIRS
§1. Omitted
Editorial Notes
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 Repealed.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 Repealed.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 Repealed.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
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.
Statutory Notes and Related Subsidiaries
Alaska Statehood
Pub. L. 85–508, July 7, 1958, 72 Stat. 339, as amended, provided:
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"(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.
"(n) The minimum tract selection size is waived with respect to a selection made by the State of Alaska under subsection (a) for the following selections:
| National Forest Community Grant Application Number | Area Name | Est. Acres |
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| 209 | Yakutat Airport Addition | 111 |
| 264 | Bear Valley (Portage) | 120 |
| 284 | Hyder-Fish Creek | 61 |
| 310 | Elfin Cove | 37 |
| 384 | Edna Bay Admin Site | 37 |
| 390 | Point Hilda | 29. |
"(o)(1) The State of Alaska may elect to convert a selection filed under subsection (b) to a selection under subsection (a) by notifying the Secretary of the Interior in writing.
"(2) If the State of Alaska makes an election under paragraph (1), the entire selection shall be converted to a selection under subsection (a).
"(3) The Secretary of the Interior shall not convey a total of more than 400,000 acres of public domain land selected under subsection (a) or converted under paragraph (1) to a public domain selection under subsection (a).
"(4) Conversion of a selection under paragraph (1) shall not increase the survey obligation of the United States with respect to the land converted.
"(p) All selection applications of the State of Alaska that are on file with the Secretary of the Interior under the public domain provisions of subsection (a) on the date of enactment of this subsection [Dec. 10, 2004] and any selection applications that are converted to a subsection (a) selection under subsection (o)(1) are approved as suitable for community or recreational purposes. (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; Pub. L. 108–452, title I, §101, Dec. 10, 2004, 118 Stat. 3576.)
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"(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.
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"(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.)
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"(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.)
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"(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,'.
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"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.
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"(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.
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"(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 52½ per centum thereof shall be paid to the State of Alaska for disposition by the legislature thereof'.
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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'.
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"(b) Section 6(e) of said Act is amended by striking out the word 'legislative' and inserting in lieu thereof the word 'calendar'.
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"(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.
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" '(o) The term "continental United States" means the 49 States and the District of Columbia.'
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"(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,'.
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"(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'.
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"(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'.
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"(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.
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"(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,'.
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"(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.
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"(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.
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"(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,'.
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"(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) [now 23 U.S.C. 116(e)];
"(3) Title 23, United States Code, section 119;
"(4) Title 23, United States Code, section 120(h) [now 23 U.S.C. 120(g)], 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) [now 23 U.S.C. 116(b)], 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.)
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"(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.)
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"(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.
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"(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',
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"(b) Subsection (d) of section 11 of such Act (33 U.S.C., Supp. V, sec. 466j(d)), is amended by striking out 'Alaska,'.
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"(b) Title 38, United States Code, section 2007(c) [now 4107(c)], is amended by striking out the word 'Alaska,'.
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"(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'.
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"(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,'.
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"(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,'.
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"(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.
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"(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.'
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"(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.'
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"(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.)
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"(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.)
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"(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.
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"(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.)
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"(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.)
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"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.)
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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.'
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"(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.)
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Executive Documents
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.
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.
[
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:
Dwight D. Eisenhower.
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.
1 So in original. Probably should be "48 U.S.C.".
§§21 to 27. Omitted
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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.)
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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, 70 Stat. 939, provided for arrangements for use of sites and facilities.
Section 50j, act Aug. 2, 1956, ch. 883, §4, 70 Stat. 940, authorized appropriations for purposes of sections 50g to 50j of this title.
Section 51, act Mar. 3, 1927, ch. 363, §1, 44 Stat. 1392, related to educational qualifications of voters and electors.
Section 52, act Mar. 3, 1927, ch. 363, §2, 44 Stat. 1393, provided that inability to read and write was a ground for challenge at polls.
Section 53, act Mar. 3, 1927, ch. 363, §3, 44 Stat. 1393, related to manner of proving ability to read and write.
Section 54, act Mar. 3, 1927, ch. 363, §4, 44 Stat. 1393, related to exemption from provisions of section 51 of this title by reason of physical disability.
Section 55, act Mar. 3, 1927, ch. 363, §5, 44 Stat. 1393, authorized election judges to mark ballots for voters physically incapable of marking ballots.
Section 56, act Mar. 3, 1927, ch. 363, §6, 44 Stat. 1393, provided that persons refused permission to vote shall not make any further attempt to vote.
Section 57, act Mar. 3, 1927, ch. 363, §7, 44 Stat. 1394, enumerated qualifications requisite to voting.
Section 58, act Mar. 3, 1927, ch. 363, §8, 44 Stat. 1394, prescribed penalties for violation of sections 51 to 57 of this title.
§§61 to 64. Omitted
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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, 48 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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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. 312, related to administration of oaths for purposes of prosecution.
Section 202b, act Jan. 13, 1925, ch. 75, §12, 43 Stat. 746; July 1, 1943, ch. 183, 57 Stat. 310, related to burden of proof in prosecutions under sections 192, 193, and 195 to 211 of this title.
Section 203, act Jan. 13, 1925, ch. 75, §19, as added July 1, 1943, ch. 183, 57 Stat. 312, stated that sections 192, 193, and 195 to 211 of this title shall not apply to Mount McKinley National Park.
Section 204, act Jan. 13, 1925, ch. 75, §18, as added July 1, 1943, ch. 183, 57 Stat. 312, declared that provisions of sections 192, 193, and 195 to 211 of this title were separable.
Section 204a, acts Jan. 13, 1925, ch. 75, §17, 43 Stat. 747; July 1, 1943, ch. 183, 57 Stat. 312, authorized appropriations to effectuate provisions of Alaska Game Law.
Section 205, acts Jan. 13, 1925, ch. 75, §1, 43 Stat. 739; Jan. 13, 1925, ch. 75, §20, as added July 1, 1943, ch. 183, 57 Stat. 312, prescribed effective date and short title of sections 192, 193, and 195 to 211 of this title.
Section 206, acts Jan. 13, 1925, ch. 75, §2, 43 Stat. 739; Feb. 14, 1931, ch. 185, §1, 46 Stat. 1111; June 25, 1938, ch. 686, §1, 52 Stat. 1169; July 1, 1943, ch. 183, 57 Stat. 301, defined terms used in sections 192, 193, and 195 to 211 of this title.
Section 207, acts Jan. 13, 1925, ch. 75, §3, 43 Stat. 740; Feb. 14, 1931, ch. 185, §2, 46 Stat. 1111; June 25, 1938, ch. 686, §2, 52 Stat. 1170; July 1, 1943, ch. 183, 57 Stat. 303; Apr. 20, 1949, ch. 81, 63 Stat. 56, provided for residence and citizenship requirements for hunting, fishing, etc.
Section 208, acts Jan. 13, 1925, ch. 75, §4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 303; July 23, 1953, ch. 238, 67 Stat. 185, provided for composition of Alaska Game Commission, its tenure and qualifications of members.
Section 209, acts Jan. 13, 1925, ch. 75, §4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 303, authorized Secretary to remove members of Commission and to fill vacancies.
Section 210, acts Jan. 13, 1925, ch. 75, §4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 304; July 24, 1947, ch. 307, §1, 61 Stat. 415, prescribed compensation of members of Commission per diem allowances, and salary of executive officer.
Section 211, acts Jan. 13, 1925, ch. 75, §4, 43 Stat. 740; July 1, 1943, ch. 183, 57 Stat. 304, provided for office of commission, its business, and its seal.
Section 212, acts Aug. 18, 1894, ch. 301, §1, 28 Stat. 391; Feb. 14, 1903, ch. 552, §7, 32 Stat. 828; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; May 31, 1920, ch. 217, 41 Stat. 716, directed Secretary to fix the price of blue fox skins paid to natives of St. Paul Island.
Section 213, act May 31, 1920, ch. 217, 41 Stat. 717, enumerated the powers of bird reservation wardens.
§§220 to 224. Omitted
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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, 561, authorized searches and seizures of vessels.
Section 247, acts June 14, 1906, ch. 3299, §5, 34 Stat. 264; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736; Jan. 28, 1915, ch. 20, §1, 38 Stat. 800; Aug. 4, 1949, ch. 393, §§1, 20, 63 Stat. 495, 561, empowered Secretary to promulgate rules and regulations to carry into effect provisions of sections 243 to 246 of this title.
Section 248, acts Aug. 18, 1941, ch. 368, §1, 55 Stat. 632; June 29, 1956, ch. 460, §§1, 2, 70 Stat. 372, provided for protection of walruses.
Section 248a, act Aug. 18, 1941, ch. 368, §2, 55 Stat. 633, prescribed duties of law enforcement officers, and for forfeiture of equipment of convicted persons.
Section 248b, act Aug. 18, 1941, ch. 368, §3, 55 Stat. 633, defined terms used in sections 248 to 248b of this title.
§§250 to 250p. Transferred
Editorial Notes
Codification
Sections 250 to 250n were transferred to sections 500 to 500n, respectively, of Title 25, Indians, and subsequently were omitted from the Code as being of special and not general application.
Section 250, act Sept. 1, 1937, ch. 897, §1, 50 Stat. 900, declared purpose of sections 250 to 250n of this title for establishment of a reindeer industry.
Section 250a, act Sept. 1, 1937, ch. 897, §2, 50 Stat. 900, authorized Secretary of the Interior to acquire reindeer and other property.
Section 250b, act Sept. 1, 1937, ch. 897, §3, 50 Stat. 900, required filing of claims to title to reindeer by nonnatives.
Section 250c, act Sept. 1, 1937, ch. 897, §4, 50 Stat. 900, authorized Secretary to accept gifts for purposes of sections 250 to 250n of this title.
Section 250d, act Sept. 1, 1937, ch. 897, §5, 50 Stat. 900, empowered Secretary to receive and expand loans, grants, or allocations for purposes of sections 250 to 250n of this title.
Section 250e, act Sept. 1, 1937, ch. 897, §6, 50 Stat. 900, established a revolving fund for purposes of sections 250 to 250n of this title.
Section 250f, act Sept. 1, 1937, ch. 897, §7, 50 Stat. 900, related to management of reindeer industry.
Section 250g, act Sept. 1, 1937, ch. 897, §8, 50 Stat. 901, empowered Secretary to distribute reindeer, property, and profits to natives.
Section 250h, act Sept. 1, 1937, ch. 897, §9, 50 Stat. 901, authorized Secretary to grant administrative powers to organizations of natives.
Section 250i, act Sept. 1, 1937, ch. 897, §10, 50 Stat. 901, provided for alienation of reindeer or interests.
Section 250j, act Sept. 1, 1937, ch. 897, §11, 50 Stat. 902, defined reindeer as used in sections 250 to 250n, of this title.
Section 250k, act Sept. 1, 1937, ch. 897, §12, 50 Stat. 902, authorized Secretary to promulgate rules and regulations.
Section 250l, act Sept. 1, 1937, ch. 897, §13, 50 Stat. 902, directed Secretary, whenever practicable, to appoint natives to administer the industry.
Section 250m, act Sept. 1, 1937, ch. 897, §14, 50 Stat. 902, related to use of public lands.
Section 250n, act Sept. 1, 1937, ch. 897, §15, 50 Stat. 902, defined "Natives of Alaska" for purposes of sections 250 to 250n of this title.
Section 250o, act Sept. 1, 1937, ch. 897, §16, 50 Stat. 902, which authorized appropriation of $2,000,000.00 to carry out sections 250 to 250n of this title, was set out as a note under section 500 of Title 25, and subsequently was omitted from the Code as being of special and not general application.
Section 250p, act Sept. 1, 1937, ch. 897, §17, 50 Stat. 902, which repealed provisions inconsistent with sections 250 to 250n of this title, was set out as a note under section 500 of Title 25, and subsequently was omitted from the Code as being of special and not general application.
§§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
Editorial Notes
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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, Telecommunications, and was subsequently repealed.
Section 303, act Mar. 12, 1914, ch. 37, §1, 38 Stat. 305, which empowered the President to designate town sites, was transferred to section 975b of Title 43, Public Lands, and was subsequently repealed by Pub. L. 94–579, §704(a), 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. 37, §1, 38 Stat. 305, which authorized and empowered the President to carry out the provisions dealing with the establishment of public utilities, was transferred to section 975f of Title 43.
Section 308, act Mar. 12, 1914, ch. 37, §4, 38 Stat. 307, which made mandatory certain annual reports to the President by officers, agents, or agencies covering their activities in connection with the construction and development of public utilities, was transferred to section 975g of Title 43.
§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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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. 1, 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. 888, 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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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, §3, as added Aug. 2, 1956, ch. 891, §1(e), 70 Stat. 954, which prohibited the making of an allotment unless the person made satisfactory proof of substantially continuous use and occupancy of the land for five years, was transferred to section 270–3 of Title 43, and was subsequently repealed by Pub. L. 92–203, §18(a), 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, prior to omission from the Code as being of special and not general application.
Section 358a, act May 1, 1936, ch. 254, §2, 49 Stat. 1250, which authorized the designation of land for the use of Indians or Eskimos, was transferred to section 496 of Title 25, and was subsequently repealed by Pub. L. 94–579, §704(a), 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, §703(b), Oct. 21, 1976, 90 Stat. 2789.
Section 360, act July 3, 1926, ch. 745, §1, 44 Stat. 821, which authorized the leasing of land for the purpose of fur farming, was transferred to section 687c of Title 43.
Section 361, act July 3, 1926, ch. 745, §2, 44 Stat. 822, which authorized the Secretary of the Interior to perform any and all acts necessary to carry into effect the provisions of section 360, was transferred to section 687c–1 of Title 43.
Section 362, act May 1, 1936, ch. 254, §1, 49 Stat. 1250, which called for the application to the Territory of certain statutes dealing with the conservation of Indian lands and allowed the organization of groups of Indians not recognized as bands or tribes, was transferred to section 473a of Title 25, Indians, prior to editorial reclassification and renumbering as section 5119 of Title 25.
§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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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. 1243, which required annual labor or improvements on mining claims, was transferred to section 49e of Title 30.
Section 385, act Mar. 2, 1907, ch. 2559, §2, 34 Stat. 1243, which prescribed the fees for filing proofs of work and improvements, was transferred to section 49f of Title 30.
§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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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. 277; 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. 629, provided for appropriations to carry out purposes of sections 486 to 486j.
Section 486j, acts Aug. 24, 1949, ch. 504, §12, 63 Stat. 629; July 15, 1954, ch. 510, 68 Stat. 483, directed that authority of Secretary under sections 486 to 486j of this title shall terminate on June 30, 1959.
§§487 to 487b. Transferred
Editorial Notes
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
Editorial Notes
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
DISTRICT COURT
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.
Statutory Notes and Related Subsidiaries
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.
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"(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.)
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"(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.
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"(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'.
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"(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.
"
"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.
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"(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.'.
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"(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.
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"(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. [App.], sec. 1156) [now 46 U.S.C. 53101 note], 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. [App.], sec. 1175[(a)]) [now 46 U.S.C. 53101 note], 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. [App.], sec. 1204) [now 46 U.S.C. 57531], 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.)
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"(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).
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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)
"(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)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.
"(a)
"(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)
"(1)
"(2)
"(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)
"(4)
"(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)
"(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)
"(1)
"(2)
"(3)
"(d)
"(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)
"(f)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) the appraised property; or
"(B) a portion of the appraised property, to the Department of Hawaiian Home Lands.
"(6)
"(7)
"(8)
"(9)
"SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES COMMISSION ACT.
"(a)
"(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)
"(c)
"(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)
"(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)
"(1)
"(2)
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(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)
"(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)
"(e)
"(1)
"(2)
"SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.
"(a)
"(1)
"(2)
"(b)
"(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)
"(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)
"(c)
"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'.
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"(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 [now section 2648]; 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)'.
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"(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'.
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"(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,'.
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"(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.'
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"(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.
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"(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'.
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"(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.
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" '(b) The term "United States" means the fifty States and the District of Columbia.'
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" '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 [former] 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 [former] 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.'
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" '(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.)
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"(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).
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"(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,'.
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"(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,'.
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"(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,'.
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"(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).
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"(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,'.
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"(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,'.
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"(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.'
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"(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.
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"(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.
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Conveyance of Certain Surplus Federal Lands in Hawaii
Pub. L. 88–233, Dec. 23, 1963, 77 Stat. 472, provided:
"[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 [see 18 U.S.C. 1865(a), 54 U.S.C. 100101(a), 100301 et seq., 100751(a), 100752, 100753, 102101] 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.
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Executive Documents
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.
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.
[
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
Part II—Midway Island
[Superseded by Ex. Ord. No. 13022, §1, Oct. 31, 1996, 61 F.R. 56875]
Part III—Miscellaneous Provisions
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:
(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 [54 U.S.C. 300101 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.
William J. Clinton.
§§491 to 503. Omitted
Editorial Notes
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
Editorial Notes
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. 339, §105, as added July 9, 1921, ch. 42, §315, 42 Stat. 120, prohibited employment as a mechanic or laborer on any public work of persons not citizens of the United States or eligible for such citizenship.
§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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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. 3, 1935, ch. 436, §1, 49 Stat. 516, empowered legislature to authorize issuance of revenue bonds by political or municipal corporations or subdivisions of Territory and confirmed and ratified acts of legislature prior to 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, ch. 466, title II, §202(a), 64 Stat. 345, authorized legislature to establish authorities for slum clearance and housing projects, made provision for issuance of bonds therefor, ratified and confirmed prior legislation on subject, and provided that powers granted should not be in derogation of other powers granted by other laws.
Section 562h, act July 10, 1937, ch. 483, §1, 50 Stat. 507, empowered legislature to authorize city and county of Honolulu to issue general obligation bonds to permit construction of a sewer system.
Section 562i, act July 10, 1937, ch. 483, §2, 50 Stat. 507, dealt with nature of Honolulu sewer system bonds and provided for their maturity.
Section 562j, act July 10, 1937, ch. 483, §3, 50 Stat. 507, ratified and confirmed action taken by legislature in its 1937 session pertaining to issuance of sewer bonds.
Section 562k, act July 18, 1947, ch. 265, 61 Stat. 381, permitted legislature to authorize issue of additional general obligation bonds by city and county of Honolulu for construction of a sewer system and ratified actions taken in 1947 session of legislature pertaining to issuance of sewer system bonds.
Section 562l, act July 15, 1947, ch. 250, 61 Stat. 326, authorized and empowered Territory to issue public improvement bonds during 1947–1951 and provided for maturity of such bonds and their issuance without presidential approval.
Section 562m, act Oct. 26, 1949, ch. 754, §§1–3, 63 Stat. 926, authorized and empowered Territory to issue public improvement bonds during 1949–1955, and provided for their maturity and issuance without presidential approval.
Section 562n, acts Aug. 24, 1954, ch. 889, §§1–3, 68 Stat. 782; July 14, 1956, ch. 606, §1, 70 Stat. 552; 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, §33, 31 Stat. 147; Aug. 1, 1956, ch. 851, §3, 70 Stat. 903, apportioned senators between various senatorial districts.
Section 570, acts Apr. 30, 1900, ch. 339, §35, 31 Stat. 147; Aug. 1, 1956, ch. 851, §4, 70 Stat. 903, set out number of representatives and called for their election by qualified voters of respective representative districts.
Section 571, acts Apr. 30, 1900, ch. 339, §40, 31 Stat. 148; Sept. 15, 1922, ch. 315, 42 Stat. 844, stated age, citizenship, and residence requirements of representatives.
Section 572, act Apr. 30, 1900, ch. 339, §36, 31 Stat. 147, placed term of office of representatives as period between their election at a general or special election and next general election held thereafter.
Section 573, act Apr. 30, 1900, ch. 339, §37, 31 Stat. 147, directed that vacancies in house of representatives caused by death, resignations, or otherwise be filled by special elections.
Section 574, acts Apr. 30, 1900, ch. 339, §38, 31 Stat. 147; Aug. 1, 1956, ch. 851, §5, 70 Stat. 906, divided Territory into representative districts.
Section 575, acts Apr. 30, 1900, ch. 339, §39, 31 Stat. 147; Aug. 1, 1956, ch. 851, §6, 70 Stat. 906, apportioned representatives between the representative districts.
Section 576, acts Apr. 30, 1900, ch. 339, §§41–43, 31 Stat. 148; 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, 1900, ch. 339, §26, 31 Stat. 146; May 27, 1910, ch. 258, §2, 36 Stat. 444; July 9, 1921, ch. 42, §301, 42 Stat. 115; June 27, 1930, ch. 647, 46 Stat. 824; 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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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.
§§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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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
Editorial Notes
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
Editorial Notes
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. 264, defined "Commission", "public lands", "fund", "Territory", "Hawaiian home lands", "tract", "native Hawaiian" and "irrigated pastoral land" as used in "Hawaiian Homes Commission Act, 1920".
Section 693, acts July 9, 1921, ch. 42, title II, §202, 42 Stat. 109; July 26, 1935, ch. 420, §1, 49 Stat. 504; May 31, 1944, ch. 216, §1, 58 Stat. 260; July 9, 1952, ch. 618, §§1, 3, 66 Stat. 515, 516, established Hawaiian Homes Commission.
Section 694, acts July 9, 1921, ch. 42, title II, §222, 42 Stat. 115; Nov. 26, 1941, ch. 544, §7, 55 Stat. 787; June 14, 1948, ch. 646, §8, 62 Stat. 394, empowered commission to make such regulations and with approval of Governor, such expenditures as are necessary to efficient execution of his office.
Section 695, act July 9, 1921, ch. 42, title II, §222, 42 Stat. 115, required commission to make a biennial report to legislature of Territory.
Section 696, act July 9, 1921, ch. 42, title II, §222, 42 Stat. 115, directed that executive officer and secretary give bond for faithful performance of his duties.
Section 697, acts July 9, 1921, ch. 42, title II, §203, 42 Stat. 109; May 16, 1934, ch. 290, §1, 48 Stat. 777; Aug. 29, 1935, ch. 810, §1, 49 Stat. 966; July 10, 1937, ch. 482, 50 Stat. 497; Nov. 26, 1941, ch. 544, §1, 55 Stat. 782; May 31, 1944, ch. 216, §2, 58 Stat. 260; June 3, 1948, ch. 384, 62 Stat. 295; June 3, 1948, ch. 397, 62 Stat. 303; July 9, 1952, ch. 614, §§1, 2, 66 Stat. 511, designated certain lands in Territory as "available land".
Section 698, acts July 9, 1921, ch. 42, title II, §204, 42 Stat. 110; Mar. 7, 1928, ch. 142, §1, 45 Stat. 246; July 10, 1937, ch. 482, 50 Stat. 503; Feb. 20, 1954, ch. 10, §1, 68 Stat. 16; June 18, 1954, ch. 319, §1, 68 Stat. 262, provided that after 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. 1222; May 16, 1934, ch. 290, §2, 48 Stat. 779; July 10, 1937, ch. 482, 50 Stat. 504; May 31, 1944, ch. 216, §§3, 4, 58 Stat. 264; June 14, 1948, ch. 464, §§1, 2, 62 Stat. 390; June 18, 1954, ch. 321, §1, 68 Stat. 263; 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. 615, §§3, 4, 66 Stat. 514, set up conditions to be followed in contracts of loan.
Section 710, acts July 9, 1921, ch. 42, title II, §216, 42 Stat. 113; July 10, 1937, ch. 482, 50 Stat. 506; June 14, 1948, ch. 464, §6, 62 Stat. 393, gave Commission power to require borrower to insure all livestock and dwellings and other permanent improvements upon his tract purchased or constructed out of any moneys loaned from fund.
Section 711, act July 9, 1921, ch. 42, title II, §217, 42 Stat. 113, gave Commission power to bring an ejectment action against lessee or borrower for noncompliance with Commission orders.
Section 712, act July 9, 1921, ch. 42, title II, §218, 42 Stat. 114, provided that lessees of land were not to receive loans under Territorial Farm Land.
Section 713, act July 9, 1921, ch. 42, title II, §219, 42 Stat. 114, authorized Commission to employ agricultural experts.
Section 714, acts July 9, 1921, ch. 42, title II, §220, 42 Stat. 114; July 10, 1937, ch. 482, 50 Stat. 507; Nov. 26, 1941, ch. 544, §6, 55 Stat. 786; June 14, 1948, ch. 464, §7, 62 Stat. 393; Aug. 1, 1956, ch. 855, §1, 70 Stat. 915, authorized Commission to undertake development projects.
Section 715, acts July 9, 1921, ch. 42, title II, §221, 42 Stat. 114; Aug. 1, 1956, ch. 855, §§2, 3, 70 Stat. 915, defined "water license" and "surplus water", subjected water licenses issued after 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
Editorial Notes
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, ch. 466, title II, §202(a), 64 Stat. 345, gave Legislature of Territory of Hawaii power to create public corporate authorities to engage in slum clearance, or housing undertaking.
Section 723, act June 27, 1934, ch. 847, §214, as added Apr. 23, 1949, ch. 89, §2(a), 63 Stat. 57, and amended, related to insurance of mortgages on property in Hawaii. See section 1715d of Title 12, Banks and Banking.
§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
SUBCHAPTER II—THE EXECUTIVE AND GOVERNMENT OFFICIALS
SUBCHAPTER III—THE LEGISLATURE
SUBCHAPTER IV—THE JUDICIARY
SUBCHAPTER V—RESIDENT COMMISSIONER
SUBCHAPTER VI—SLUM CLEARANCE AND URBAN REDEVELOPMENT PROJECTS
SUBCHAPTER VII—LOW RENT HOUSING PROJECTS AND ELIMINATION OF SUB-STANDARD HOUSING
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.)
Editorial Notes
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, 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.
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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; Ex. Ord. No. 13319, Dec. 3, 2003, 68 F.R. 68233; Ex. Ord. No. 13517, §1, Oct. 30, 2009, 74 F.R. 57239, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
§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.)
Editorial Notes
References in Text
Act approved March 2, 1917, as amended, referred to in text, is act Mar. 2, 1917, ch. 145, 39 Stat. 951, known as the Puerto Rican Federal Relations Act and also popularly known as the Jones Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 731 of this title and Tables.
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.)
Editorial Notes
Codification
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
Repeals
Act July 3, 1950, ch. 446, §6, 64 Stat. 320, provided that: "All laws or parts of laws inconsistent with this Act [enacting sections 731b to 731e of this title] are hereby repealed."
§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.)
Editorial Notes
Codification
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
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.
§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.)
Editorial Notes
Codification
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
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.
§731e. Chapter continued in force and effect
This chapter is continued in force and effect.
(July 3, 1950, ch. 446, §4, 64 Stat. 319.)
Editorial Notes
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.
§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.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Act July 3, 1950, ch. 446, §5, 64 Stat. 320, provided that the repeal of this section and sections 735, 750, 753, 754, 771–793, 793b, 796–799, 811–820, 822, 823, 824–844, 861, and 873 of this title and the amendment of sections 737 and 752 of this title were to be effective at such time as the Constitution of the Commonwealth of Puerto Rico became effective. Under section 731d of this title, that Constitution, upon approval by the Congress of the United States, "shall become effective in accordance with its terms". Congress, by act July 3, 1952, ch. 567, 66 Stat. 327, approved, with certain conditions, that Constitution; the approving act further provided that the Constitution, as so approved, "shall become effective when the Constitutional Convention of Puerto Rico shall have declared in a formal resolution its acceptance in the name of Puerto Rico of the conditions of approval herein contained, and when the Governor of Puerto Rico, being duly notified by the proper officials of the Constitutional Convention of Puerto Rico that such resolution of acceptance has been formally adopted, shall issue a proclamation to that effect". The Constitution was proclaimed by the Governor of Puerto Rico on 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.)
Editorial Notes
Codification
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
Codification
Section was formerly classified to section 5a of Title 8, Aliens and Nationality.
Statutory Notes and Related Subsidiaries
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
Editorial Notes
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.)
Editorial Notes
References in Text
The Philippine Trade Act of 1946, referred to in text, is act Apr. 30, 1946, ch. 244, 60 Stat. 141, which is classified principally to subchapters I to IV (§1251 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1354 of Title 22 and Tables.
The Philippine Trade Agreement Revision Act of 1955, referred to in text, is act Aug. 1, 1955, ch. 438, 69 Stat. 413, which is classified generally to subchapter IV–A (§1371 et seq.) of chapter 15 of Title 22. For complete classification of this Act to the Code, see Short Title note set out under section 1373 of Title 22 and Tables.
The internal revenue laws of the United States, referred to in text, are classified generally to Title 26, Internal Revenue Code.
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".
Statutory Notes and Related Subsidiaries
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.
Executive Documents
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.
§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.)
Editorial Notes
References in Text
The National Prohibition Act, as amended, referred to in text, is act Oct. 28, 1919, ch. 85, 41 Stat. 305. Title III of such Act was classified principally to chapter 3 (§71 et seq.) of Title 27, Intoxicating Liquors, and was omitted from the Code in view of the incorporation of such provisions in the Internal Revenue Code of 1939, and subsequently into the Internal Revenue Code of 1986.
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
Codification
Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
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.)
Editorial Notes
References in Text
This Act, referred to in text, means act Apr. 12, 1900, ch. 191, 31 Stat. 77, popularly known as the Foraker Act, which, insofar as is classified to the Code, enacted sections 733, 736, 738 to 740, 743, 744, 755, 864, and 866 of this title and amended sections 1 and 11 of former Title 11, Bankruptcy. For complete classification of this Act to the Code, see Tables.
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.
Statutory Notes and Related Subsidiaries
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.
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.
Executive Documents
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.
§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.)
Editorial Notes
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.)
Editorial Notes
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, 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