48 U.S.C. § 1960 — Modification of energy assistance funding

Page 329 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1960 1 So in original. Probably should be ‘‘103’’. 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. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1959. Agreements (a) Effective date of certain agreements An agreement between the United States and the Government of the Republic of Palau con- sistent with the agreements approved by Public Law 101–62 (101 1 Stat. 162) shall take effect with- out further authorization thirty days after sub- mission to Congress. (b) Extensions The provisions of article IX, paragraph 5(a) of the Agreement referred to in section 462(e) of the Compact of Free Association as approved by Public Law 99–239, and article IX, paragraph 5(a) of the agreement referred to in section 462(f) of the Compact of Free Association for Palau as approved by Public Law 99–658, are extended, in accordance with the terms thereof, until Octo- ber 1, 1998, unless earlier terminated or further extended by the laws of the United States. (c) Authorization Funding to implement the provisions of this part, and for assistance to the central health care facility and the prison in Palau, and the of- fices of Public Auditor and Special Prosecutor as proposed in the agreement entitled ‘‘Agree- ment Concerning Special Programs related to the Entry into Force of the Compact of Free As- sociation Between the Government of the United States and the Government of the Repub- lic of Palau’’ signed on May 26, 1989, shall be available pursuant to the authorization in sec- tion 105(c) of Public Law 99–239 [48 U.S.C. 1905(c)] as referenced by section 102(b) of Public Law 99–658 [48 U.S.C. 1932(b)] or from funds appro- priated for technical assistance to the Secretary of the Interior. (Pub. L. 101–219, title I, § 110, Dec. 12, 1989, 103 Stat. 1872.) Editorial Notes REFERENCES IN TEXT Public Law 101–62, referred to in subsec. (a), is Pub. L. 101–62, July 26, 1989, 103 Stat. 162, which is set out as a note under section 1901 of this title. The Compact of Free Association as approved by Pub- lic Law 99–239, referred to in subsec. (b), is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Is- lands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of this title. The Compact of Free Association for Palau as ap- proved by Public Law 99–658, referred to in subsec. (b), is the Compact of Free Association between the United States and the Government of Palau, which is con- tained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title. Public Law 99–239, referred to in subsec. (b), is Pub. L. 99–239, Jan. 14, 1986, 99 Stat. 1770, as amended, known as the Compact of Free Association Act of 1985, 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 99–658, referred to in subsec. (b), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. For complete classification of this Act to the Code, see Tables. This part, referred to in subsec. (c), was in the origi- nal ‘‘this title’’, meaning title I of Pub. L. 101–219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and amended section 1933 of this title. For complete classi- fication of this title to the Code, see Tables. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1960. Modification of energy assistance funding (a) Fulfillment of United States obligations The President is authorized to negotiate and conclude an agreement, including the obligation of United States funds, with the Government of Palau which shall provide the following: (1) The sum of $28,000,000, adjusted by section 215 of the Compact at the time of its avail- ability to Palau, shall be provided to Palau pursuant to section 211(b) of the Compact and upon entry into force of the Compact. (2) Palau shall pay to the United States, on or before the 15th anniversary of the effective date of the Compact, an amount equal to the net economic cost to the United States of making available the section 211(b) funds in the manner specified in this subsection rather than as provided in section 211(b). (3) Such economic cost shall reflect the time value of money and be determined using the rate determined for an equivalent loan by the Federal Financing Bank as of the date these funds are advanced, and using an inflation rate consistent with the determinations made under the provisions of section 215 of the Com- pact. (4) If the Government of Palau has not paid such net economic costs to the United States by the 15th anniversary of the effective date of the Compact, then the United States shall be automatically paid such sums from the fund established under section 211(f) of the Com- pact. (5) The provision of section 211(b) funds, as appropriated by Public Law 99–349 and pursu- ant to this subsection, shall be in fulfillment of all United States obligations under such section 211(b) of the Compact and shall be sub- ject to section 236 of the Compact. (b) Adjustment and payment Subject to the provisions of subsection (a) and upon the request of the Government of Palau, the sum of $28 million appropriated by Public Law 99–349 to fulfill the obligations of the United States under section 211(b) of the Com- pact (approved in Public Law 99–658), adjusted by section 215 of such Compact, shall be pro- vided to Palau upon entry into force of the Com- pact. Page 330 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1961 (c) Availability of appropriation account Funding provided in Public Law 101–121 under the ‘‘Trust Territory of the Pacific Islands’’ ap- propriation account shall remain available until expended. (Pub. L. 101–219, title I, § 111, Dec. 12, 1989, 103 Stat. 1873.) Editorial Notes REFERENCES IN TEXT The Compact, referred to in subsecs. (a) and (b), 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 sec- tion 1931 of this title. For Oct. 1, 1994, as the date the Compact of Free As- sociation with Palau entered into full force and effect, referred to in subsecs. (a)(1), (2), (4) and (b), see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, set out as a note under section 1931 of this title. Public Law 99–349, referred to in subsecs. (a)(5) and (b), is Pub. L. 99–349, July 2, 1986, 100 Stat. 710. For com- plete classification of this Act to the Code, see Tables. Public Law 99–658, referred to in subsec. (b), is Pub. L. 99–658, Nov. 14, 1986, 100 Stat. 3672, which is classified generally to part A of this subchapter. For complete classification of this Act to the Code, see Tables. Public Law 101–121, referred to in subsec. (c), is Pub. L. 101–121, Oct. 23, 1989, 103 Stat. 701. Provisions relat- ing to the Trust Territory of the Pacific Islands appear at 103 Stat. 717. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly set out as a note under section 1681 of this title. Statutory Notes and Related Subsidiaries PALAU ROAD MAINTENANCE Pub. L. 110–229, title VIII, § 808, May 8, 2008, 122 Stat. 874, provided that: ‘‘The Government of the Republic of Palau may de- posit the payment otherwise payable to the Govern- ment of the United States under section 111 of Public Law 101–219 (48 U.S.C. 1960) into a trust fund if— ‘‘(1) the earnings of the trust fund are expended solely for maintenance of the road system con- structed pursuant to section 212 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note); and ‘‘(2) the trust fund is established and operated pur- suant to an agreement entered into between the Gov- ernment of the United States and the Government of the Republic of Palau.’’ § 1961. Submission of agreements Any agreement concluded with the Govern- ment of Palau pursuant to this joint resolution including the agreement entitled ‘‘Agreement Concerning Special Programs related to the Entry into Force of the Compact of Free Asso- ciation Between the Government of the United States and the Government of the Republic of Palau’’ signed on May 26, 1989, and any agree- ment which would amend, change, or terminate any such agreement, or portion thereof, shall be submitted to the Congress and may not take ef- fect until after 30 days after the date on which such agreement is so submitted. An amendment or agreement substituting or in addition to the subsidiary agreement negotiated under section 212(a) of the Compact or its annex shall take ef- fect only when approved by an Act of Congress. (Pub. L. 101–219, title I, § 112, Dec. 12, 1989, 103 Stat. 1873.) Editorial Notes REFERENCES IN TEXT This joint resolution, referred to in text, is Pub. L. 101–219, Dec. 12, 1989, 103 Stat. 1870, which enacted this part and sections 1846 and 1972 of this title, amended sections 1615 and 1933 of this title and section 10251 of Title 34, Crime Control and Law Enforcement, and en- acted provisions set out as a note under section 1905 of Title 44, Public Printing and Documents. For complete classification of this joint resolution to the Code, see Tables. 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. CODIFICATION Section was formerly set out as a note under section 1681 of this title. § 1962. Transition funding For the purposes of applying section 1905(c)(2) of this title to Palau, the terms ‘‘fiscal year 1987’’, ‘‘fiscal year 1988’’, and ‘‘fiscal year 1989’’ in section 104(c) of Public Law 99–658 shall be deemed to be the first, second, and third fiscal years, respectively, beginning after the effective date of the Compact. (Pub. L. 101–219, title I, § 113, Dec. 12, 1989, 103 Stat. 1873.) Editorial Notes REFERENCES IN TEXT Section 104(c) of Public Law 99–658, referred to in text, is section 104(c) of Pub. L. 99–658, title I, Nov. 14, 1986, 100 Stat. 3676, which amended section 1905 of this title. For Oct. 1, 1994, as the effective date of the Compact of Free Association with Palau referred to in text, see Proc. No. 6726, Sept. 27, 1994, 59 F.R. 49777, 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. SUBCHAPTER III—MISCELLANEOUS PROVISIONS § 1971. Transfer of surplus personal property owned by United States (a) Transfer to Northern Mariana Islands, Palau, Marshall Islands, and Federated States of Mi- cronesia Notwithstanding any other provision of law, subject to valid existing rights, and subject to subsection (b) of this section, all right, title, and interest of the Government of the United States in personal property situated in the Trust Terri- tory of the Pacific Islands and of the govern- ment of the Trust Territory of the Pacific Is- lands in personal property wherever located shall be transferred, without reimbursement, by a date not later than ninety days following ter-