48 U.S.C. § 1407 — Untitled legal text

Page 92 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1406g § 1406g. Repealed. Pub. L. 97–357, title III, § 307, Oct. 19, 1982, 96 Stat. 1709 Section, act June 22, 1936, ch. 699, § 34, 49 Stat. 1815, related to bill of rights of Virgin Islands. § 1406h. Taxes, duties and fees as funds for ben- efit of municipalities; appropriations All taxes, duties, fees, and public revenues col- lected in the municipality of Saint Croix shall be covered into the treasury of the Virgin Is- lands and held in account for said municipality and all taxes, duties, fees, and public revenues collected in the municipality of Saint Thomas and Saint John shall be covered into said treas- ury of the Virgin Islands and held in account for said municipality: Provided, That the proceeds of customs duties, less the cost of collection, and the proceeds of the United States income tax, and the proceeds of any taxes levied by the Con- gress on the inhabitants of the Virgin Islands, and all quarantine, passport, immigration, and naturalization fees collected in the Virgin Is- lands shall be covered into the treasury of the Virgin Islands and held in account for the re- spective municipalities, and shall be expended for the benefit and government of said munici- palities in accordance with the annual munic- ipal budgets. The Municipal Council of Saint Croix may make appropriations for the purposes of said municipality from, and to be paid out of, the funds credited to its account in the treasury of the Virgin Islands; and the Municipal Council of Saint Thomas and Saint John may make ap- propriations for the purposes of said munici- pality from, and to be paid out of, the funds credited to its account in said treasury. (June 22, 1936, ch. 699, § 35, 49 Stat. 1816.) § 1406i. Taxes and fees; power to assess and col- lect; ports of entry; export duties Taxes and assessments on property and in- comes, internal-revenue taxes, license fees, and service fees may be imposed and collected, and royalties for franchises, privileges, and conces- sions granted may be collected for the purposes of the Government of the Virgin Islands as may be provided and defined by the municipal coun- cils herein established: Provided, That all money hereafter derived from any tax levied or assessed for a special purpose shall be treated as a special fund in the treasury of the Virgin Islands and paid out for such purpose only, except when oth- erwise authorized by the legislative authority having jurisdiction after the purpose for which such fund was created has been accomplished. Until Congress shall otherwise provide, all laws concerning import duties and customs in the municipality of Saint Thomas and Saint John now in effect shall be in force and effect in and for the Virgin Islands: Provided, That the Sec- retary of the Treasury shall designate the sev- eral ports and sub-ports of entry in the Virgin Islands of the United States and shall make such rules and regulations and appoint such officers and employees as he may deem necessary for the administration of the customs laws in the Vir- gin Islands of the United States; and he shall fix the compensation of all such officers and em- ployees and provide for the payment of such compensations and other expenses of the collec- tion of duties, fees, and taxes imposed under the customs laws from the receipts thereof. The ex- port duties in effect on June 22, 1936 may be from time to time reduced, repealed, or restored by ordinance of the municipal council having ju- risdiction: Provided further, That no new export duties shall be levied in the Virgin Islands ex- cept by the Congress. (June 22, 1936, ch. 699, § 36, 49 Stat. 1816.) § 1406j. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649 Section, act June 22, 1936, ch. 699, § 38, 49 Stat. 1817, provided for citizenship of officials and for oath of of- fice. § 1406k. Repealed. Pub. L. 97–357, title III, § 307, Oct. 19, 1982, 96 Stat. 1709 Section, act June 22, 1936, ch. 699, § 39, 49 Stat. 1817, related to jurisdiction of Secretary of the Interior and Attorney General. § 1406l. Effective date This subchapter shall take effect June 22, 1936, but until its provisions shall severally become operative as herein provided, the corresponding legislative, executive, and judicial functions of the existing government shall continue to be ex- ercised as now provided by law or ordinance, and the present incumbents of all offices under the Government of the Virgin Islands shall continue in office until their successors are appointed and have qualified unless sooner removed by com- petent authority. (June 22, 1936, ch. 699, § 40, 49 Stat. 1817.) § 1406m. Short title This subchapter may be cited as the Organic Act of the Virgin Islands of the United States. (June 22, 1936, ch. 699, § 41, 49 Stat. 1817.) SUBCHAPTER III—VIRGIN ISLANDS CORPORATION §§ 1407 to 1407i. Repealed. Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710 Section 1407, act June 30, 1949, ch. 285, § 1, 63 Stat. 350, related to creation of Virgin Islands Corporation under direction of the President of the United States or his representative for promotion of economic development of Virgin Islands. Section 1407a, act June 30, 1949, ch. 285, § 2, 63 Stat. 351, related to principal offices of Corporation for venue purposes and establishment of branch offices. Section 1407b, act June 30, 1949, ch. 285, § 3, 63 Stat. 351, set forth authorized activities of Corporation. Section 1407c, acts June 30, 1949, ch. 285, § 4, 63 Stat. 352; Sept. 2, 1958, Pub. L. 85–913, §§ 1–3, 72 Stat. 1759; June 6, 1972, Pub. L. 92–310, title II, § 234, 86 Stat. 214, re- lated to general powers of Corporation. Section 1407d, act June 30, 1949, ch. 285, § 5, 63 Stat. 353, related to utilization of other Federal agencies and instrumentalities. Section 1407e, acts June 30, 1949, ch. 285, § 6, 63 Stat. 353; Sept. 2, 1958, Pub. L. 85–913, § 4, 72 Stat. 1760; Oct. 4, 1961, Pub. L. 87–382, 75 Stat. 812, related to appropria- tion of money and establishment of a revolving fund. Section 1407f, act June 30, 1949, ch. 285, § 7, 63 Stat. 353; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, related to use of funds and limita- Page 93 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1408a tions thereon, interest payments to Treasury on ad- vances, and contributions to retirement and disability funds. Section 1407g, acts June 30, 1949, ch. 285, § 8, 63 Stat. 354; Sept. 2, 1958, Pub. L. 85–913, § 5, 72 Stat. 1760, related to authorization of appropriations necessary to cover losses substained in revenue-producing activities, ex- penses incurred in non-revenue-producing activities, and an appraisal of necessary working capital. Section 1407h, acts June 30, 1949, ch. 285, § 9, 63 Stat. 354; Sept. 2, 1958, Pub. L. 85–913, § 6, 72 Stat. 1760, related to Board of Directors of Corporation. Section 1407i, act June 30, 1949, ch. 285, § 10, 63 Stat. 355; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, related to transfer of functions, as- sets, and property of Virgin Islands Company to Cor- poration. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Act June 30, 1949, ch. 285, § 14, 63 Stat. 356, which pro- vided that act June 30, 1949, ch. 285 [see Short Title note below] become effective June 30, 1949, was repealed by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710. SHORT TITLE Act June 30, 1949, ch. 285, § 15, 63 Stat. 356, provided that act June 30, 1949, enacting sections 1407 to 1407i of this title and amending section 1401d of this title and section 846 of former Title 31, Money and Finance, could be cited as the ‘‘Virgin Islands Corporation Act’’, prior to repeal by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710. SAVINGS PROVISION Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710, provided in part: ‘‘That nothing in this subsection [repealing sections 1407 to 1407i of this title] shall affect the pension rights of former employees of the Virgin Is- lands Corporation.’’ TRANSFER OF FACILITIES; INVESTMENT INCREASE; SUPPLY OF ELECTRIC POWER Pub. L. 85–913, § 7, Sept. 2, 1958, 72 Stat. 1760, author- ized the Secretary of the Navy to transfer and convey to the Virgin Islands Corporation, without reimburse- ment, the power-generating facilities located at the Marine Corps air facility and naval submarine base, Saint Thomas, Virgin Islands, together with all the land, buildings, structures, facilities, distribution lines, fuel tanks, and equipment appurtenant thereto and necessary for the operation thereof, with such transfer to be accomplished not later than June 30, 1969. DISSOLUTION OF VIRGIN ISLANDS COMPANY Act June 30, 1949, ch. 285, § 11, 63 Stat. 355, authorized the Secretary of the Interior, the Under Secretary of the Interior, and the Governor of the Virgin Islands, as the stockholders of the Virgin Islands Company, a cor- poration created by ordinance of the Colonial Council for Saint Thomas and Saint John, Virgin Islands of the United States, to take such steps as may be appro- priate to dissolve the Virgin Islands Company, prior to repeal by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710. SUBCHAPTER IV—PUBLIC HOUSING § 1408. Legislative authority to create authori- ties; appointment of members; powers of au- thorities The government of the Virgin Islands, through its legislative assembly, may grant to a public corporate authority existing or to be created through said assembly, exclusive authority to undertake slum clearance, urban redevelopment, urban renewal, and low-rent housing activities within the municipalities of the Virgin Islands. The legislative assembly may provide for the ap- pointment and terms of office of the members of such authority and for the powers of such au- thority, including authority to accept whatever benefits the Federal Government may make available under the Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended [42 U.S.C. 1441 et seq.], or any other law, for projects contemplated by this Act, as amended, and to do all things, to exercise any and all pow- ers, and to assume and fulfill any and all obliga- tions, duties, responsibilities, and requirements, including but not limited to those relating to planning or zoning, necessary or desirable for re- ceiving such Federal assistance, except that such authority shall not be given any power of taxation, nor any power to pledge the faith and credit of the people of the Virgin Islands for any loan whatever. (July 18, 1950, ch. 466, title III, § 301, 64 Stat. 346; Aug. 11, 1955, ch. 783, title I, § 107(5), (7), (9), 69 Stat. 638.) Editorial Notes REFERENCES IN TEXT The Housing Act of 1949 (Public Law 171, Eighty-First Congress), as amended, referred to in text, is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified prin- cipally to chapter 8A (§ 1441 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables. This Act, referred to in text, means act July 18, 1950, ch. 466, 64 Stat. 344, known as the Territorial Enabling Act of 1950, which enacted this subchapter and sections 480 to 480b, 483a, 483b, 721 to 721b, and 910 to 910b of this title, amended sections 481 to 483 and 722 of this title, and enacted provisions set out as notes under sections 480, 481, and 722 of this title. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 1955—Act Aug. 11, 1955, included urban renewal projects, and inserted ‘‘as amended’’ after ‘‘Housing Act of 1949’’ and after ‘‘this Act’’. Statutory Notes and Related Subsidiaries URBAN RENEWAL ACTIVITIES Act Aug. 11, 1955, ch. 783, title I, § 107(4), 69 Stat. 638, amended the heading of title III of the Territorial Ena- bling Act of 1950, this subchapter, to insert the words ‘‘urban renewal’’ in order to make financial assistance available for urban renewal projects. § 1408a. Issuance of notes, bonds, and obligations The legislative assembly may authorize such authority, any provision of the Virgin Islands Organic Act [48 U.S.C. 1405 et seq.] or any other Act of Congress to the contrary notwith- standing, to borrow money and to issue notes, bonds, and other obligations of such character and maturity, with such security, and in such manner as the legislative assembly may provide. Such notes, bonds, and other obligations shall not be a debt of the United States, or of the Vir- gin Islands or of any municipality or subdivision thereof, other than such authority, nor con- stitute ‘‘bonds and other obligations’’ within the