48 U.S.C. § 1494b — Enforcement and administration in insu-

Page 133 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b (§§ 9301–9310) of title IX of Pub. L. 100–690, enacting sec- tion 1494c of this title and amending this section and sections 1494a and 1494b of this title and section 10603 of Title 42, The Public Health and Welfare] may be cited as the ‘Insular Areas Drug Abuse Amendments of 1988’.’’ SHORT TITLE Pub. L. 99–570, title V, § 5001, Oct. 27, 1986, 100 Stat. 3207–154, provided that: ‘‘This subtitle [subtitle A (§§ 5001–5004) of title V of Pub. L. 99–570, enacting this section and sections 1494a and 1494b of this title] may be cited as the ‘United States Insular Areas Drug Abuse Act of 1986’.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1494a. Annual reports to Congress (a) In general The President shall report annually to the Congress as to— (1) the efforts and success of Federal agen- cies in preventing the illegal entry into the United States of controlled substances from the insular areas of the United States outside the customs territory of the United States, the Trust Territory of the Pacific Islands, and states freely associated with the United States and the nature and extent of such illegal entry, and (2) the efforts and success of Federal agen- cies in preventing the illegal entry from other nations, including states freely associated with the United States, of controlled sub- stances into the United States territories, the Trust Territory of the Pacific Islands, and the commonwealths for use in the territories, the Trust Territory of the Pacific Islands, and commonwealths or for transshipment to the United States and the nature and extent of such illegal entry and use. (b) Transmission date The annual reports required by subsection (a) shall be transmitted to the Committee on Nat- ural Resources of the United States House of Representatives and to the Committee on En- ergy and Natural Resources of the United States Senate not later than the first day of October each year. (Pub. L. 99–570, title V, § 5003, Oct. 27, 1986, 100 Stat. 3207–155; Pub. L. 100–690, title IX, § 9309, Nov. 18, 1988, 102 Stat. 4539; Pub. L. 103–437, § 17(a)(3), Nov. 2, 1994, 108 Stat. 4595.) Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the United States House’’. 1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and inserted heading, inserted ‘‘, the Trust Territory of the Pacific Islands,’’ before ‘‘and states’’ in par. (1) and after ‘‘territories’’ in two places in par. (2), and added subsec. (b). Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of this title. § 1494b. Enforcement and administration in insu- lar areas (a) American Samoa (1) With the approval of the Attorney General of the United States or his designee, law en- forcement officers of the Government of Amer- ican Samoa are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of sections 1494 to 1494c of this title, the Controlled Substances Import and Export Act (21 U.S.C. 951–970), and any other applicable narcotics laws of the United States. (2) The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are author- ized to and, upon request of the Government of American Samoa, shall— (A) train law enforcement officers and other personnel of the Government of American Samoa, and (B) provide by purchase or lease law enforce- ment equipment and technical assistance to the Government of American Samoa to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse laws. (3) There are authorized to be appropriated $350,000 for fiscal year 1989 and annually there- after for grants to the Government of American Samoa to be expended in accordance with a plan approved by the Secretary of the Interior in con- sultation with the Attorney General and the Secretaries of Education and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (4) The Secretary of the Treasury in consulta- tion with the Secretary of the Interior shall pro- vide the Government of American Samoa with a vessel to be used in the enforcement of narcotics and other laws. There are authorized to be ap- propriated $500,000 for this purpose. (b) Guam (1) The Attorney General and the Secretaries of Education and Health and Human Services of the United States may provide and, upon re- quest of the Government of Guam, shall provide appropriate training, technical assistance and equipment to the Government of Guam to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse law. (2) There are authorized to be appropriated $500,000 for fiscal year 1989 and annually there- after for grants to the Government of Guam to be expended in accordance with a plan approved by the Secretary of the Interior in consultation Page 134 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b with the Attorney General and the Secretaries of Education and Health and Human Services, to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (3) There are authorized to be appropriated to the Government of Guam $500,000 for grants to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General for drug abuse law enforcement equipment. (c) Northern Mariana Islands (1) With the approval of the Attorney General of the United States or his designee, law en- forcement officers of the Government of the Northern Mariana Islands are authorized to— (A) execute and serve warrants, subpoenas, and summons issued under the authority of the United States; (B) make arrests without warrant; and (C) make seizures of property to carry out the purposes of sections 1494 to 1494c of this title, the Controlled Substances Import and Export Act (21 U.S.C. 951–970), and any other applicable narcotics laws of the United States. (2) The Attorney General and the Secretaries of Education and Health and Human Services of the United States, as appropriate, are author- ized to and, upon request of the Government of the Northern Mariana Islands, shall— (A) train law enforcement officers and other personnel of the Government of the Northern Mariana Islands, and (B) provide, by purchase or lease, law en- forcement equipment and technical assistance to the Government of the Northern Mariana Islands to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or commonwealth drug or other substance abuse law. (3) There are authorized to be appropriated $125,000 for fiscal year 1989 and annually there- after for grants to the Government of the North- ern Mariana Islands to be expended in accord- ance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title, to remain available until expended. (4) Federal personnel and equipment assigned to Guam pursuant to subsection (b) of this sec- tion shall also be available to carry out the pur- poses of sections 1494 to 1494c of this title in the Northern Mariana Islands. (d) Puerto Rico (1) There are authorized to be appropriated for grants to the Government of Puerto Rico $7,000,000 for fiscal year 1989 and $2,000,000 annu- ally thereafter for grants to the Government of Puerto Rico to carry out the purposes of sec- tions 1494 to 1494c of this title to be expended in accordance with a plan approved by the Execu- tive Director of the White House Task Force on Puerto Rico in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended. (2) The United States Customs Service should station an aerostat in Puerto Rico. (3) Equipment provided to the Government of Puerto Rico pursuant to paragraph (1) of this subsection shall be made available upon request to the Federal agencies involved in drug inter- diction in Puerto Rico. (4)(A) The Attorney General and the Secre- taries of Education and Health and Human Serv- ices of the United States may provide and, upon request of the Government of Puerto Rico, shall provide appropriate training, technical assist- ance and equipment to the Government of Puer- to Rico to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or commonwealth drug or other substance abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out sub- paragraph (A). Funds appropriated under this subparagraph shall remain available until ex- pended. (e) Virgin Islands (1) There are authorized to be appropriated for grants to the Government of the Virgin Islands, $2,000,000 for fiscal year 1990 and annually there- after to carry out the purposes of sections 1494 to 1494c of this title to be expended in accord- ance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended. (2) The United States Coast Guard shall sta- tion a patrol vessel in St. Croix, Virgin Islands. (3)(A) The Attorney General and the Secre- taries of Education and Health and Human Serv- ices of the United States may provide and, upon request of the Government of the Virgin Islands, shall provide appropriate training, technical as- sistance and equipment to the Government of the United States Virgin Islands to carry out the purposes of sections 1494 to 1494c of this title and any other Federal or territorial drug or other substance abuse law. (B) There are authorized to be appropriated such sums as may be necessary to carry out sub- paragraph (A). Funds appropriated under this subparagraph shall remain available until ex- pended. (4) To assist in the prosecution of the viola- tion of the narcotics laws of the United States, the Attorney General of the United States shall assign the necessary personnel to serve in the office of the United States Attorney for the Vir- gin Islands appointed pursuant to section 1617 of this title. (5) Effective fiscal year 1989, there are author- ized to be appropriated for a grant to the Gov- ernment of the Virgin Islands $2,500,000 to be ex- pended in accordance with a plan approved by the Secretary of the Interior in consultation with the Secretary of Health and Human Serv- ices for a substance abuse facility. (f) Palau (1) The Attorney General and the Secretaries of Education and Health and Human Services are authorized to and, upon request of the Gov- ernment of Palau, shall provide appropriate training, technical assistance, and equipment to carry out the purposes of sections 1494 to 1494c of this title and any other applicable Federal or insular drug or other substance abuse laws. Page 135 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494b (2) There are authorized to be appropriated $500,000 for fiscal year 1989 and annually there- after for grants to the Government of Palau to be expended in accordance with a plan to be ap- proved by the Secretary of the Interior in con- sultation with the Attorney General and the Secretaries of Education, State, and Health and Human Services to carry out the purposes of sections 1494 to 1494c of this title. (3) To the extent not prohibited under the Con- stitution of Palau, upon written request of the President of Palau, the Drug Enforcement Ad- ministration, the Federal Bureau of Investiga- tion, the Secret Service, the Immigration and Naturalization Service, and the Customs Service are authorized to investigate any United States criminal laws which are applicable in Palau in cooperation with law enforcement agencies of Palau. (Pub. L. 99–570, title V, § 5004, Oct. 27, 1986, 100 Stat. 3207–155; Pub. L. 100–690, title IX, §§ 9302–9305, 9306(b), 9307, Nov. 18, 1988, 102 Stat. 4536–4538.) Editorial Notes REFERENCES IN TEXT The Controlled Substances Import and Export Act, referred to in subsecs. (a)(1)(C), (c)(1)(C), is title III of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1285, which is clas- sified principally to subchapter II (§ 951 et seq.) of chap- ter 13 of Title 21, Food and Drugs. For complete classi- fication of this Act to the Code, see Short Title note set out under section 951 of Title 21 and Tables. Sections 1494 to 1494c of this title, referred to in sub- secs. (a)(3), (b)(2), (c)(3), (d)(1), (e)(1), and (f)(1), (2), was in the original ‘‘this Act’’, and was translated as read- ing ‘‘this subtitle’’ meaning subtitle A of title V of Pub. L. 99–570 to reflect the probable intent of Con- gress. See Short Title note set out under section 1494 of this title. AMENDMENTS 1988—Subsec. (a)(2). Pub. L. 100–690, § 9302(1), sub- stituted ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and inserted ‘‘, as appropriate,’’ after ‘‘States’’, ‘‘and, upon request of the Government of American Samoa, shall’’ after ‘‘are authorized to’’, ‘‘and other personnel’’ after ‘‘officers’’, and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (a)(3). Pub. L. 100–690, § 9302(2), substituted ‘‘$350,000 for fiscal year 1989 and annually thereafter for grants to the Government of American Samoa to be ex- pended in accordance with a plan approved by the Sec- retary of the Interior in consultation with the Attor- ney General and the Secretaries of Education and Health and Human Services’’ for ‘‘$700,000’’ and ‘‘sec- tions 1494 to 1494c of this title’’ for ‘‘this subsection’’. Subsec. (a)(4). Pub. L. 100–690, § 9302(3), added par. (4). Subsec. (b)(1). Pub. L. 100–690, § 9303(1), substituted ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and inserted ‘‘and, upon request of the Government of Guam, shall provide appropriate training,’’ after ‘‘may provide’’ and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (b)(2). Pub. L. 100–690, § 9303(2), substituted ‘‘$500,000 for fiscal year 1989 and annually thereafter for grants to the Government of Guam to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to carry out the purposes of sections 1494 to 1494c of this title, to’’ for ‘‘$1,000,000 to carry out paragraph (1). Funds appropriated under this paragraph shall’’. Subsec. (b)(3). Pub. L. 100–690, § 9303(3), added par. (3). Subsec. (c)(2). Pub. L. 100–690, § 9304(1), substituted ‘‘The Attorney General and the Secretaries of Edu- cation and Health and Human Services of the United States, as appropriate, are authorized to and, upon re- quest of the Government of the Northern Mariana Is- lands, shall’’ for ‘‘The Attorney General of the United States and the Secretary of Health and Human Serv- ices, as appropriate, are authorized to’’ in introductory provisions, inserted ‘‘and other personnel’’ after ‘‘offi- cers’’ in subpar. (A), and inserted ‘‘or other substance’’ after ‘‘drug’’ in subpar. (B). Subsec. (c)(3). Pub. L. 100–690, § 9304(2), substituted ‘‘$125,000 for fiscal year 1989 and annually thereafter for grants to the Government of the Northern Mariana Is- lands to be expended in accordance with a plan ap- proved by the Secretary of the Interior in consultation with the Attorney General and the Secretaries of Edu- cation and Health and Human Services’’ for ‘‘$250,000’’ and ‘‘sections 1494 to 1494c of this title’’ for ‘‘this sub- section’’. Subsec. (d)(1). Pub. L. 100–690, § 9305(1), substituted ‘‘Puerto Rico $7,000,000 for fiscal year 1989 and $2,000,000 annually thereafter for grants to the Government of Puerto Rico to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Executive Director of the White House Task Force on Puerto Rico in consultation with the Attorney General and the Secretaries of Education and Health and Human Services, to remain available until expended.’’ for ‘‘Puerto Rico— ‘‘(A) $3,300,000 for the purchase of 2 helicopters; ‘‘(B) $3,500,000 for the purchase of an aircraft; and ‘‘(C) $1,000,000 for the purchase and maintenance of 5 high-speed vessels. Sums appropriated under this paragraph shall remain available until expended.’’ Subsec. (d)(4)(A). Pub. L. 100–690, § 9305(2), substituted ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and inserted ‘‘and, upon request of the Government of Puer- to Rico, shall provide appropriate training,’’ after ‘‘may provide’’ and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (e)(1). Pub. L. 100–690, § 9306(b)(1), substituted ‘‘Virgin Islands, $2,000,000 for fiscal year 1990 and annu- ally thereafter to carry out the purposes of sections 1494 to 1494c of this title to be expended in accordance with a plan approved by the Secretary of the Interior in consultation with the Attorney General and the Sec- retaries of Education and Health and Human Services, to remain available until expended.’’ for ‘‘Virgin Is- lands— ‘‘(A) $3,000,000 for 2 patrol vessels, tracking equip- ment, supplies, and agents, and ‘‘(B) $1,000,000 for programs to prevent and treat narcotics abuse, such sums to remain available until expended.’’ Subsec. (e)(2). Pub. L. 100–690, § 9306(b)(2), substituted ‘‘shall’’ for ‘‘should’’. Subsec. (e)(3)(A). Pub. L. 100–690, § 9306(b)(3), sub- stituted ‘‘Secretaries of Education and’’ for ‘‘Secretary of’’ and inserted ‘‘and, upon request of the Government of the Virgin Islands, shall provide appropriate train- ing,’’ after ‘‘may provide’’ and ‘‘or other substance’’ after ‘‘drug’’. Subsec. (e)(4), (5). Pub. L. 100–690, § 9306(b)(4), added pars. (4) and (5). Subsec. (f). Pub. L. 100–690, § 9307, added subsec. (f). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- Page 136 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1494c curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality. § 1494c. Drug Enforcement Agency personnel as- signments To assist in the enforcement of the controlled substances laws of the United States in coordi- nation with law enforcement officers in insular areas in the eastern Caribbean and in the cen- tral and western Pacific, the Administrator of the Drug Enforcement Administration shall as- sign appropriate personnel and other resources to the Virgin Islands and Guam. (Pub. L. 99–570, title V, § 5005, as added Pub. L. 100–690, title IX, § 9310, Nov. 18, 1988, 102 Stat. 4539.) CHAPTER 11—ALIEN OWNERS OF LAND Sec. 1501. Lands in Territories. 1502. Previously acquired lands; bona fide resident aliens; mining or incorporated village lands. 1503. Acquisition by inheritance, in collection of debts, etc. 1504. Conveyance of lands in Territories by aliens before escheat proceedings. 1505. Proceedings for escheat of improperly held lands. 1506. Condemnation and sale of lands in escheat proceedings. 1507. Public lands. 1508. Application to District of Columbia. 1509 to 1512. Omitted. § 1501. Lands in Territories No alien or person who is not a citizen of the United States, or who has not declared his in- tention to become a citizen of the United States in the manner provided by law shall acquire title to or own any land in any of the Territories of the United States except as hereinafter pro- vided. The prohibition of this section shall not apply to cases in which the right to hold or dis- pose of lands in the United States is secured by existing treaties to citizens or subjects of for- eign countries, which rights, so far as they may exist by force of any such treaty, shall continue to exist so long as such treaties are in force, and no longer. (Mar. 3, 1887, ch. 340, § 1, 24 Stat. 476; Mar. 2, 1897, ch. 363, 29 Stat. 618.) Editorial Notes CODIFICATION Section was formerly classified to section 71 of Title 8, Aliens and Nationality. § 1502. Previously acquired lands; bona fide resi- dent aliens; mining or incorporated village lands This chapter shall not apply to land owned in any of the Territories of the United States by aliens, which was acquired on or before March 3, 1887, so long as it is held by the then owners, their heirs or legal representatives, nor to any alien who shall become a bona fide resident of the United States, and any alien who shall be- come a bona fide resident of the United States, or shall have declared his intention to become a citizen of the United States in the manner pro- vided by law, shall have the right to acquire and hold lands in either of the Territories of the United States upon the same terms as citizens of the United States. If any such resident alien shall cease to be a bona fide resident of the United States then such alien shall have ten years from the time he ceases to be such bona fide resident in which to alienate such lands. This chapter shall not be construed to prevent any persons not citizens of the United States from acquiring or holding lots or parcels of lands in any incorporated or platted city, town, or village, or in any mine or mining claim, in any of the Territories of the United States. (Mar. 3, 1887, ch. 340, § 2, 24 Stat. 477; Mar. 2, 1897, ch. 363, 29 Stat. 618.) Editorial Notes CODIFICATION Section was formerly classified to section 72 of Title 8, Aliens and Nationality. § 1503. Acquisition by inheritance, in collection of debts, etc. This chapter shall not prevent aliens from ac- quiring lands or any interests therein by inher- itance or in the ordinary course of justice in the collection of debts, nor from acquiring liens on real estate or any interest therein, nor from lending money and securing the same upon real estate or any interest therein; nor from enforc- ing any such lien, nor from acquiring and hold- ing title to such real estate, or any interest therein, upon which a lien may have heretofore or may hereafter be fixed, or upon which a loan of money may have been heretofore or hereafter may be made and secured. All lands so acquired shall be sold within ten years after title shall be perfected in him under said sale or the same shall escheat to the United States and be for- feited as provided in sections 1504 to 1507 of this title. (Mar. 3, 1887, ch. 340, § 3, 24 Stat. 477; Mar. 2, 1897, ch. 363, 29 Stat. 618.)