48 U.S.C. § 1933 — Supplemental provisions

Page 324 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1933 1 So in original. Probably should be followed by ‘‘of the Com- pact’’. Editorial Notes REFERENCES IN TEXT The Compact of Free Association with Palau, referred to in subsec. (a), is the Compact of Free Association be- tween the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1933. Supplemental provisions (a) Civic Action Teams (1) In recognition of the special development needs of Palau and the Marshall Islands, the United States shall make available United States military Civic Action Teams for use in Palau or the Marshall Islands under terms and conditions mutually agreed upon by the Govern- ment of the United States and the Governments of Palau or the Marshall Islands, as appropriate. The Government of Palau may use the amount of $250,000 annually from current account funds provided pursuant to section 211 of the Compact to defray expenditures attendant to the oper- ation of the Civic Action Teams made available pursuant to this subsection. The Government of the Marshall Islands may use the amount of $250,000 annually from current account funds provided under section 211 of Title Two of the Compact of Free Association with the Marshall Islands to defray expenditures attendant to the operation of the Civic Action Teams made avail- able pursuant to this subsection. (2) For expenditures that the Department of Defense makes pursuant to paragraph (1), the Secretary of Defense may accept up to the amount of $250,000 in annual funds from the Gov- ernment of Palau as specified in paragraph (1). Funds accepted by the Secretary from the Gov- ernment of Palau under this paragraph shall be credited to and merged with appropriations available to the Department of Defense and shall be used to defray expenditures attendant to the operation of the United States military Civic Action Team in Palau. Funds so credited and merged shall be available for the same time period as the appropriations to which the funds are credited and merged. (b) Inventory and study of natural, historic, and other resources The Secretary of the Interior shall conduct, upon request of Palau, the Federated States of Micronesia or the Marshall Islands, and through the Director of the National Park Service, a comprehensive inventory and study of the most unique and significant natural, historical, cul- tural, and recreational resources of Palau, the Federated States of Micronesia or the Marshall Islands. Areas or sites exhibiting such qualities shall be described and evaluated with the objec- tive of the preservation of their values and their careful use and appreciation by the public, along with a determination of their potential for at- tracting tourism. Alternative methodologies for such preservation and use shall be developed for each area or site (including continued assistance from the National Park Service); current or im- pending damage or threats to the resources of such areas or sites shall be identified and evalu- ated; and authorities needed to properly protect and allow for public use and appreciation shall be identified and discussed. Such inventory and study shall be conducted in full cooperation and consultation with affected governmental offi- cials and the interested public. A full report on such inventory and study shall be transmitted to Palau or the Federated States of Micronesia or the Marshall Islands, the Committee on Inte- rior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate no later than two complete cal- endar years after November 14, 1986. The inven- tory and study shall also identify areas or sites which, if they were located in the United States, would qualify to be listed on the Registry of Natural Landmarks and the National Register of Historic Places. (c) Omitted (d) Peleliu and Angaur Not later than one year after November 14, 1986, the Secretary of Agriculture, after appro- priate studies conducted in consultation with the Government of Palau, shall report to the President and the Congress concerning the feasi- bility and cost of rehabilitating and restoring the fertility of the topsoil of the islands of Peleliu and Angaur. Upon the request of the Government of Palau, the President shall make the report of the Secretary of Agriculture avail- able to the Government of Palau. Technical as- sistance to accomplish such rehabilitation and restoration, if feasible, may be provided to the Government of Palau on a nonreimbursable basis, subject to the availability of appropriated funds. (e) Power generation Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sum and amounts payable to the Government of Palau pursuant to this joint resolution to any party other than the Government of Palau, except under the procedures established by the Com- pact and its related agreements. No funds appro- priated pursuant to the Compact, this Act, or any other Act for grants or other assistance to Palau may be used to satisfy any obligation or expense incurred by Palau prior to November 14, 1986, with respect to any contract or debt re- lated to any electrical generating plant or re- lated facilities entered into or incurred by Palau which has not been specifically authorized by Congress in advance, except that the Govern- ment of Palau may use any portion of the an- nual grant under section 211(b) 1 not required to be devoted to the energy needs of those parts of Palau not served by its central power generating facilities and any portion of the funds under sec- tion 212(b) of the Compact for such purpose. (f) Reduction of appropriations Amounts appropriated to be paid pursuant to section 177 of Article I of Title One or Articles Page 325 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1933 2 See References in Text note below. I and III of Title Two of the Compact of Free As- sociation with the Federated States of Micro- nesia and the Marshall Islands, as set forth in Title II of the Compact of Free Association Act of 1985, or pursuant to section 103(h), 103(k), or 105(m) of such Act [48 U.S.C. 1903(h), (k), 1905(m)] (Public Law 99–239), or pursuant to Article I of Title Two of the Compact with Palau, as set forth in Title II of this joint resolution, or sec- tion 104(l) 2 of this joint resolution shall not be reduced, notwithstanding Public Law 99–177, Public Law 99–366, and other law enacted to im- plement Public Law 99–177, or any other provi- sion of law. (g) Understandings, interpretations, and policy statements The Congress reaffirms all of the under- standings, interpretations, and policy state- ments contained in Public Law 99–239 (99 Stat. 1770) [48 U.S.C. 1901 et seq., 2001 et seq.]. Congres- sional Resolution 4–60 adopted by the 4th Con- gress of the Federated States of Micronesia on March 26, 1986 and Resolution No. 62 adopted by the Nitijela of the Marshall Islands on February 18, 1986 do not exclude, limit or modify any pro- vision of the Compact of Free Association as ap- proved by the United States. To the extent that any understandings, interpretations, and policy statements contained in such Resolutions are inconsistent with the provisions of Public Law 99–239, the United States does not concur there- in. The President shall take such steps, includ- ing but not limited to, communicating with the Governments of the Federated States of Micro- nesia and the Republic of the Marshall Islands, as may be necessary to preserve all rights of the United States in connection with interpretation and implementation of such Public Law. (h) Additional provisions relating to Title Three of Compact (1) The Government of the United States rec- ognizes and respects the scarcity and special im- portance of land in Palau. In making any des- ignation of land pursuant to section 322 of the Compact, the Government of the United States shall follow the policy of requesting the min- imum area necessary to accomplish the required security and defense purpose, of requesting only the minimum interest in real property nec- essary to support such purpose, and of request- ing first to satisfy the requirement through pub- lic real property, where available, rather than through private real property. (2) The Armed Forces of other nations invited to use military areas and facilities in Palau pur- suant to section 312 of the Compact shall be per- mitted only as it is incident to the authority and under the control of the United States. The activities of such third country forces shall be subject to the same limitations and restrictions applicable to the authority of the United States under the terms of the Compact. (3) The Government of the United States con- siders ‘‘Exclusive use’’ areas established for the United States pursuant to Title Three of the Compact to be ‘‘within the jurisdiction of Palau,’’ as that term is used in section 324 of the Compact. (i) Availability of appropriations Notwithstanding any other provision of law, funds appropriated for the Compact of Free As- sociation, Public Law 99–239 [48 U.S.C. 1901 et seq., 2001 et seq.], or this joint resolution, in the act of making supplemental appropriations for fiscal year 1986, shall remain available until ex- pended. (j) Authority to contract or make payments (1), (2) Omitted (3) No authority under this subsection to enter into contracts or to make payments shall be ef- fective except to the extent and in such amounts as provided in advance in appropriations Acts. Any provision of this subsection which author- izes the enactment of new budget authority shall be effective only for fiscal years beginning after September 30, 1985. (k) Annual report The Departments of Energy and Interior are directed to provide the Committees on Appro- priations of the House and Senate with a report by December 1 of each fiscal year detailing how funds were spent during the previous fiscal year for the special medical care and logistical sup- port program for Rongelap and Utrik and for the agriculture and food programs for Eniwetok and Bikini as referenced in Section 103(h) of Public Law 99–239 [48 U.S.C. 1903(h)]. The report shall also specify the anticipated needs during the current and following fiscal years in order to meet the radiological health care and logistical support program for Rongelap and Utrik and the planting, agricultural maintenance, and food programs for Eniwetok and Bikini. It is the sense of the Congress that the special medical care and logistical support program for Rongelap and Utrik and for the agriculture and food programs for Eniwetok and Bikini de- scribed in section 103(h) of Public Law 99–239 represent special and continuing moral commit- ments of the United States which will be annu- ally funded to the extent of the need of the pop- ulations of such atolls for such assistance. (Pub. L. 99–658, title I, § 104, Nov. 14, 1986, 100 Stat. 3675; Pub. L. 101–219, title I, § 105, Dec. 12, 1989, 103 Stat. 1871; Pub. L. 110–181, div. A, title XII, § 1253, Jan. 28, 2008, 122 Stat. 402.) Editorial Notes REFERENCES IN TEXT The Compact, referred to in text, is the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. The Compact of Free Association with the Marshall Islands and the Compact of Free Association with the Federated States of Micronesia and the Marshall Is- lands, referred to in subsecs. (a)(1) and (f), respectively, are contained in the Compact of Free Association, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. This joint resolution and this Act, referred to in sub- secs. (e), (f), and (i), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, as amended, which is classified generally to this part. Title II of this joint resolution enacted sec- tion 1934 of this title and provisions set out as a note under section 1931 of this title. Section 104 of this joint resolution, which is classified to this section, does not Page 326 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1934 1 See References in Text note below. contain a subsec. (l). For complete classification of this Act to the Code, see Tables. The Compact of Free Association Act of 1985 and Pub- lic Law 99–239, referred to in subsecs. (f), (g), and (i), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, which is classified principally to part A of subchapter I of this chapter and chapter 19 (§ 2001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables. Public Law 99–177, referred to in subsec. (f), is Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1037, as amended. For com- plete classification of this Act to the Code, see Tables. Public Law 99–366, referred to in subsec. (f), is Pub. L. 99–366, July 31, 1986, 100 Stat. 773. For complete classi- fication of this Act to the Code, see Tables. The Compact of Free Association, referred to in sub- secs. (g) and (i), probably means the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is con- tained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Section is comprised of section 104 of Pub. L. 99–658. Subsec. (c) of section 104 of Pub. L. 99–658 amended sec- tion 1905 of this title. Subsec. (j)(1) and (2) of section 104 of Pub. L. 99–658 amended sections 460ff–3 and 460ff–5 of Title 16, Conservation. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–181 designated existing provisions as par. (1) and added par. (2). 1989—Subsec. (e). Pub. L. 101–219 amended subsec. (e) generally. Prior to amendment, subsec. (e) read as fol- lows: ‘‘Neither the Secretary of the Treasury nor any other officer or agent of the United States shall pay or transfer any portion of the sums and amounts payable to the Government of Palau pursuant to this joint reso- lution to any party other than the Government of Palau. The provisions of section 174(a) of the Compact shall apply with respect to any action based on a con- tract or debt related to any electrical generating plant or related facilities entered into or incurred by Palau prior to the date of enactment of this joint resolution.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Interior and Insular Affairs of House of Representatives changed to Committee on Natural Re- sources of House of Representatives by House Resolu- tion No. 5, One Hundred Third Congress, Jan. 5, 1993. § 1934. Jurisdiction (a) Maritime and territorial jurisdiction With respect to section 321 of the Compact of Free Association and its related agreements, the jurisdictional provisions set forth in subsection (b) of this section shall apply only to the citi- zens and nationals of the United States and aliens lawfully admitted to the United States for permanent residence who are in Palau. (b) Defense sites The defense sites of the United States estab- lished in Palau in accordance with the Compact of Free Association and its related agreements are within the special maritime and territorial jurisdiction of the United States as set forth in section 7, title 18. (c) Offenses (1) Any person referred to in subsection (a) of this section who within or upon such defense sites is guilty of any act or omission which, al- though not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the terri- tory of Guam by the laws thereof, in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. (2) The District Court of Guam shall have ju- risdiction to try all criminal offenses against the United States, including the laws of Guam made applicable to the defense sites in Palau by virtue of subsection (c)(1) of this section, com- mitted by any person referred to in subsection (a) of this section. (3) The District Court of Guam may appoint one or more magistrate judges for the defense sites in Palau. Such Magistrate Judges shall have the power and the status of Magistrate Judges appointed pursuant to chapter 43, title 28: Provided however, That such Magistrate Judges shall have the power to try persons ac- cused of, and sentence persons convicted of, petty offenses, as defined in section 1(3),1 title 18, including violations of regulations for the maintenance of peace, order, and health issued by the Commanding Officer on such defense sites, without being subject to the restrictions provided for in section 3401(b), title 18. (Pub. L. 99–658, title II, § 202, Nov. 14, 1986, 100 Stat. 3704; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT The Compact of Free Association, referred to in sub- secs. (a) and (b), is the Compact of Free Association be- tween the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Section 1 of title 18, referred to in subsec. (c)(3), was repealed by Pub. L. 98–473, title II, § 218(a)(1), Oct. 12, 1984, 98 Stat. 2027. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Section was enacted as part of title II of Pub. L. 99–658, not as part of title I of Pub. L. 99–658 which com- prises this part. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judges’’ and ‘‘Magistrate Judges’’ substituted for ‘‘magistrates’’ and ‘‘Magistrates’’, re- spectively, wherever appearing in subsec. (c)(3) pursu- ant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. PART B—IMPLEMENTATION OF COMPACT § 1951. Entry into force of Compact Notwithstanding the provisions of Section 101(d)(1)(B) of Public Law 99–658 [48 U.S.C. 1931(d)(1)(B)], entry into force of the Compact of Free Association between the United States and Palau (set forth in title II of Public Law 99–658 and hereafter in this joint resolution referred to