48 U.S.C. § 1491 — License, permit, etc., for transportation

Page 128 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS §§ 1480 to 1480b porations for erection of city buildings, free of certain debt limitations. Section 1478, act July 30, 1886, ch. 818, § 6, 24 Stat. 171, prohibited construction of any provision to abridge power of Congress from annulling any law of a Terri- torial legislature, or modifying any existing law of Congress requiring that laws of any Territory be sub- mitted to Congress. Section 1479, act July 30, 1886, ch. 818, § 7, 24 Stat. 171, declared null and void any acts passed by any Terri- torial legislature after July 30, 1886, in conflict with specific sections of this title. §§ 1480 to 1480b. Repealed. Pub. L. 95–584, § 1, Nov. 2, 1978, 92 Stat. 2483 Section 1480, R.S. § 1890, related to right of religious corporations to hold real estate. Section 1480a, act Mar. 3, 1887, ch. 397, § 26, 24 Stat. 641, related to real estate necessary for use of congrega- tions. Section 1480b, act Sept. 22, 1950, ch. 986, 64 Stat. 905, related to inapplicability of sections 1480 and 1480a to Alaska. Statutory Notes and Related Subsidiaries EFFECT OF REPEAL Pub. L. 95–584, § 2, Nov. 2, 1978, 92 Stat. 2483, provided that: ‘‘This repeal [repealing sections 1480 to 1480b of this title] may not be considered or construed as en- dorsement, support, or permission for any development on or other use of any land in any territory or posses- sion of the United States; nor shall it be evidence of congressional or other intent to confirm title to any lands in said territories or possessions claimed by any association, corporation, or other entity for religious or charitable purposes.’’ §§ 1481 to 1485. Repealed. Pub. L. 98–213, § 16(ff)–(jj), Dec. 8, 1983, 97 Stat. 1463 Section 1481, act June 16, 1880, ch. 235, 21 Stat. 277, re- lated to care and custody of convicts. Section 1482, R.S. § 1892, placed any penitentiary erected or to be erected under care and control of mar- shal of the United States for Territory or District in which situated. Section 1483, R.S. § 1893, related to promulgation of rules and regulations by Attorney General of the United States for government of such penitentiaries, and compensation of marshals and their deputies. Section 1484, R.S. § 1894, related to charging com- pensation and subsistence and employment expenses of offenders sentenced to imprisonment in such peniten- tiaries. Section 1485, R.S. § 1895, related to imprisonment at cost of Territory in such penitentiaries of persons con- victed for violation of laws of Territory. § 1486. Repealed. Pub. L. 87–826, § 3, Oct. 15, 1962, 76 Stat. 953 Section, acts Apr. 29, 1902, ch. 637, 32 Stat. 172; Feb. 14, 1903, ch. 552, § 10, 32 Stat. 829; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695 eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1097; Apr. 7, 1948, ch. 177, 62 Stat. 161, pro- vided that law as to clearance and entry of vessels was applicable to trade between the United States and non- contiguous Territories, etc. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section effective 180 days after Oct. 15, 1962, see section 4 of Pub. L. 87–826. §§ 1487, 1488. Repealed. Pub. L. 98–213, § 16(b), (kk), Dec. 8, 1983, 97 Stat. 1462, 1463 Section 1487, act June 22, 1874, ch. 388, 18 Stat. 135, re- lated to calling of an extraordinary session of Terri- torial legislature with approval of President of the United States. Section 1488, act Apr. 16, 1880, ch. 56, 21 Stat. 74, re- lated to filling of vacancies in office of justice of the peace by appointment or election, until a successor was regularly elected and qualified as provided by law. § 1489. Loss of title of United States to lands in territories through adverse possession or prescription forbidden On and after March 27, 1934, no prescription or statute of limitations shall run, or continue to run, against the title of the United States to lands in any territory or possession or place or territory under the jurisdiction or control of the United States; and no title to any such lands of the United States or any right therein shall be acquired by adverse possession or prescription, or otherwise than by conveyance from the United States. (Mar. 27, 1934, ch. 99, 48 Stat. 507; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) Editorial Notes CODIFICATION Reference to Philippine Islands omitted in view of independence of Philippines proclaimed by President of United States in Proc. No. 2695, set out under section 1394 of Title 22, Foreign Relations and Intercourse, and issued pursuant to section 1394 of Title 22. § 1490. Repealed. Mar. 3, 1933, ch. 202, § 1, 47 Stat. 1428 Section, R.S. § 1891, related to application of United States Constitution and laws to all organized Terri- tories and in every Territory subsequently organized. Insofar as Territories of Alaska and Hawaii are con- cerned, it is covered by sections 23 and 495 of this title. Act July 1, 1902, ch. 1369, § 1, 32 Stat. 691, which was also cited as a credit to this section, and which was not repealed by the act of Mar. 3, 1933, provided that this section should not apply to the Philippine Islands. § 1491. License, permit, etc., for transportation for storage or storage of spent nuclear fuel or high-level radioactive waste; pre- requisites; applicability; ‘‘territory or posses- sion’’ defined (a) Prior to the granting of any license, per- mit, or other authorization or permission by any agency or instrumentality of the United States to any person for the transportation of spent nu- clear fuel or high-level radioactive waste for in- terim, long-term, or permanent storage to or for the storage of such fuel or waste on any terri- tory or possession of the United States, the Sec- retary of the Interior is directed to transmit to the Congress a detailed report on the proposed transportation or storage plan, and no such li- cense, permit, or other authorization or permis- sion may be granted nor may any such transpor- tation or storage occur unless the proposed transportation or storage plan has been specifi- cally authorized by Act of Congress: Provided, That the provisions of this section shall not apply to the cleanup and rehabilitation of Bikini and Enewetak Atolls. Page 129 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1492 (b) For the purpose of this section the words ‘‘territory or possession’’ include the Trust Ter- ritory of the Pacific Islands and any area not within the boundaries of the several States over which the United States claims or exercises sov- ereignty. (Pub. L. 96–205, title VI, § 605, Mar. 12, 1980, 94 Stat. 90.) 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. § 1492. Energy resources of Caribbean and Pa- cific insular areas (a) Congressional findings The Congress finds that— (1) the Caribbean and Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, Amer- ican Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Mar- shall Islands, and Palau are virtually com- pletely dependent on imported sources of en- ergy; (2) the dependence of such areas on imported sources of energy coupled with the increasing cost and the uncertain availability and supply of such sources of energy will continue to frus- trate the political, social, and economic devel- opment of such areas by placing increasingly severe fiscal burdens on the local governments of these areas; (3) these insular areas are endowed with a variety of renewable sources of energy which, if developed, would alleviate their dependence on imported sources of energy, relieve the fis- cal burden on local governments imposed by the costs of imported fuel, and strengthen the base for political, social, and economic devel- opment; (4) appropriate technologies are presently available to develop the renewable energy re- sources of these insular areas but that com- prehensive energy plans have not been ade- quately developed to meet the energy demands of these areas from renewable energy re- sources; (5) electric power transmission and distribu- tion lines in insular areas are inadequate to withstand damage caused by the hurricanes and typhoons which frequently occur in insu- lar areas and such damage often costs millions of dollars to repair; and (6) the refinement of renewable energy tech- nologies since the publication of the 1982 Ter- ritorial Energy Assessment prepared pursuant to subsection (c) reveals the need to reassess the state of energy production, consumption, infrastructure, reliance on imported energy, opportunities for energy conservation and in- creased energy efficiency, and indigenous sources in regard to the insular areas. (b) Congressional declaration of policy The Congress declares that it is the policy of the Federal Government to— (1) develop the renewable energy resources of the Caribbean and Pacific insular areas of Puerto Rico, the Virgin Islands, Guam, Amer- ican Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Mar- shall Islands, and Palau; and (2) to assist other insular areas in the Carib- bean and Pacific Basin in the development of their renewable energy resources. (c) Comprehensive energy plan The Secretary of Energy or any administra- tive official who may succeed him shall prepare a comprehensive energy plan with emphasis on indigenous renewable sources of energy for Puerto Rico, the Virgin Islands, Guam, Amer- ican Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Is- lands and Palau. The plan shall be prepared with the approval of the Secretary of the Interior and in cooperation with the chief executive officer of each insular area by— (1) surveying existing sources and uses of en- ergy; (2) estimating future energy needs to the year 2020, giving due consideration to a range of economic development possibilities; (3) assessing, in depth, the availability and potential for development of indigenous en- ergy sources, including solar, wind, hydro- power, ocean current and tidal, biogas, biofuel, geothermal and ocean thermal energy conver- sion; (4) assessing the mix of energy sources (in- cluding fossil fuels) and identifying those technologies that are needed to meet the pro- jected demands for energy; and (5) drafting long-term energy plans for such insular areas with the objective of minimizing their reliance on energy imports and making maximum use of their indigenous energy re- sources. (d) Demonstration of cost effective renewable en- ergy technologies The Secretary of Energy or any administra- tive official who may succeed him, with the ap- proval of the Secretary of the Interior, as part of the comprehensive energy planning may dem- onstrate those indigenous renewable energy technologies which are determined to be most cost effective through the use of existing pro- grams and may implement any projects or pro- grams contained in recommendations of the plan. (e) Updating of plans; submission to Congress (1) The Secretary of the Interior, in consulta- tion with the Secretary of Energy and the head of government of each insular area, shall update the plans required under subsection (c) by— (A) updating the contents required by sub- section (c); (B) drafting long-term energy plans for such insular areas with the objective of reducing, to the extent feasible, their reliance on energy imports by the year 2012, increasing energy conservation and energy efficiency, and maxi- mizing, to the extent feasible, use of indige- nous energy sources; and (C) drafting long-term energy transmission line plans for such insular areas with the ob- jective that the maximum percentage feasible of electric power transmission and distribu-