48 U.S.C. § 1421f — Title to property transferred

Page 100 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421e 1 See References in Text note below. Editorial Notes AMENDMENTS 1968—Subsec. (c). Pub. L. 90–497, § 9(a), repealed sub- sec. (c) which provided for the payment of transpor- tation expenses by the United States of all officers and employees of the government of Guam if their homes were outside Guam. Pub. L. 90–497, § 9(b), removed subsection designations and substituted provisions that the government of Guam pay the salaries and travel expenses of the Gov- ernor, Lieutenant Governor, heads of executive depart- ments, members of the legislature, and government of- ficers and employees at rates prescribed by the laws of Guam for provisions setting the salary for the Gov- ernor and Secretary of Guam and allowing for the pay- ment of transportation expenses and salaries of certain officers and employees by the United States. 1965—Subsec. (e). Pub. L. 89–100 substituted provisions empowering the government of Guam to fix and pay legislative salaries and expenses for provisions which specifically fixed a sum of $15 per day to be paid each member for every day the legislature is in session pay- able out of Congressional appropriations and which re- quired all other expenses to be paid by the government of Guam. 1956—Subsec. (a). Act Aug. 1, 1956, substituted ‘‘the Governor of the Virgin Islands in the Executive Pay Act of 1949, as heretofore or hereafter amended,’’ for ‘‘Governors of Territories and possessions in the Execu- tive Pay Act of 1949, but not to exceed $13,125,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–497, § 9(a), Sept. 11, 1968, 82 Stat. 847, pro- vided that the amendment made by that section is ef- fective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968. Pub. L. 90–497, § 9(b), Sept. 11, 1968, 82 Stat. 847, pro- vided that the amendment made by that section is ef- fective Jan. 4, 1971. § 1421e. Duty on articles All articles coming into the United States from Guam shall be subject to or exempt from duty as provided for in section 1301a 1 of title 19. (Aug. 1, 1950, ch. 512, § 27, 64 Stat. 392; Sept. 1, 1954, ch. 1213, title IV, § 402(b), 68 Stat. 1140.) Editorial Notes REFERENCES IN TEXT Section 1301a of title 19, referred to in text, was re- pealed by Pub. L. 87–456, title III, § 301(a), May 24, 1962, 76 Stat. 75. See General Headnote 3(a) under section 1202 of Title 19, Customs Duties. AMENDMENTS 1954—Act Sept. 1, 1954, subjected Guam to the general provision for importations from insular possessions contained in section 1301a of title 19. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1213, title VI, § 601, 68 Stat. 1141, provided that: ‘‘Titles II, III, IV, and VI of this Act [en- acting section 1301a of Title 19, Customs Duties, amend- ing sections 1421e and 1644 of this title and sections 160, 161, 1001, and 1201 of Title 19] shall be effective on and after the thirtieth day following the date of the enact- ment of this Act [Sept. 1, 1954]’’. § 1421f. Title to property transferred (a) Property employed by naval government of Guam The title to all property, real and personal, owned by the United States and employed by the naval government of Guam in the administra- tion of the civil affairs of the inhabitants of Guam, including automotive and other equip- ment, tools and machinery, water and sewerage facilities, bus lines and other utilities, hospitals, schools, and other buildings, shall be transferred to the government of Guam within ninety days after August 1, 1950. (b) Other property not reserved All other property, real and personal, owned by the United States in Guam, not reserved by the President of the United States within ninety days after August 1, 1950, is placed under the control of the government of Guam, to be ad- ministered for the benefit of the people of Guam, and the legislature shall have authority, subject to such limitations as may be imposed upon its acts by this chapter or subsequent Act of the Congress, to legislate with respect to such prop- erty, real and personal, in such manner as it may deem desirable. (c) Secretary of the Interior; sale or lease All property owned by the United States in Guam, the title to which is not transferred to the government of Guam by subsection (a) here- of, or which is not placed under the control of the government of Guam by subsection (b) here- of, is transferred to the administrative super- vision of the Secretary of the Interior, except as the President may from time to time otherwise prescribe: Provided, That the Secretary of the Interior shall be authorized to lease or to sell, on such terms as he may deem in the public in- terest, any property, real and personal, of the United States under his administrative super- vision in Guam not needed for public purposes. (Aug. 1, 1950, ch. 512, § 28, 64 Stat. 392; Pub. L. 90–497, § 12(b), Sept. 11, 1968, 82 Stat. 848.) Editorial Notes AMENDMENTS 1968—Subsec. (c). Pub. L. 90–497 substituted ‘‘The Sec- retary of the Interior’’ for ‘‘the head of the department or agency designated by the President under section 1421a of this title’’ in text of subsec. (c) and ‘‘the Sec- retary of the Interior’’ for ‘‘the head of such depart- ment or agency’’ in proviso. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. Executive Documents EX. ORD. NO. 10178. RESERVATION OF PROPERTY IN GUAM FOR USE OF UNITED STATES Ex. Ord. No. 10178, eff. Oct. 30, 1950, 15 F.R. 7313, pro- vided: Page 101 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1421g NOW, THEREFORE, by virtue of the authority vested in me by the said section 28 of the Organic Act of Guam [this section] and as President of the United States, it is ordered as follows: 1. The following-described real and personal property of the United States in Guam is hereby reserved to the United States and placed under the control and juris- diction of the Secretary of the Navy: Provided, That the Secretary of the Navy shall transfer such portions of such property to the Department of the Army, the De- partment of the Air Force, and the Coast Guard as may be required for their respective purposes: (a) All of that real property in Guam situated within the perimeter areas defined in the following-designated condemnation proceedings in the Superior Court of Guam, being the same property quitclaimed by the Naval Government of Guam to the United States of America by deed dated July 31, 1950, and filed for record with the Land Registrar of Guam on August 4, 1950 (Presentation No. 22063): Condemna- tion pro- ceedings Civil No. Perimeter area Facility Acres 2–48 4,566.757 North Field. 5–48 9.372 Mt. Santa Rosa Water Reservoir and Supply Lines. 6–48 5.990 Mt. Santa Rosa-Marbo Water Lines. 7–48 5.990 Tumon Maui Well Site. 2–49 4,803.000 Naval Ammunition Depot. 3–49 44.651 Primary Transmission Line. 4–49 12.169 Mt. Santa Rosa-Marbo Water Line Easement. 5–49 6,332.000 Apra Harbor Reservation. 2–50 6.450 Aceorp Tunnel. 3–50 35.391 Camp Dealy. 4–50 0.637 Tumon Bay Recreation Area Utility Lines. 5–50 24.914 Agana Springs. 6–50 41.360 Asan Point Tank Farm. 7–50 85.032 Asan Point Housing. 8–50 137.393 Medical Center. 9–50 45.630 Agafo Gumas. 10–50 4,798.682 Naval Communication Station. 11–50 11.726 Nimitz Beach. 12–50 800.443 Command Center. 13–50 4,901.100 Tarague Natural Wells. 14–50 5.945 Agana Diesel Electric Generating plant. 15–50 23.708 Mt. Santa Rosa Haul Road, Water Res- ervoir and Supply Lines, VHF Relay Station, Mt. Santa Rosa-Marbo Water Line. 16–50 4,562.107 Northwest Air Force Base. 18–50 60.480 Marbo Base Command Area—Sewage Disposal. 19–50 21.695 Loran Station, Cocos Island. 20–50 15.322 Av-Gas Tank Farm #12. 21–50 1,820.148 Proposed Boundary of NAS Agana, Housing Area #7. 22–50 37.519 C. A. A. Site (Area #90). 23–50 3.575 Tumon Maui Well (Water Tunnel). 24–50 49.277 Tumon Bay Recreation Area (Road and AV-Gas Fuel Line Parcel #1). 25–50 0.208 Utility Easement from Rt. #1 to Rt. #6 (Coontz Junction). 26–50 65.300 Tumon Bay Recreation Area (Area #78). 27–50 2,497.400 Marbo Base Command. 28–50 0.918 Mt. Tenjo VHF Station Site. 29–50 285.237 Sasa Valley Tank Farm (Area #26). 30–50 17.793 Sub Transmission System Piti Steam Plant to Command Center. 31–50 28.888 Route #1 (Marine Drive) (Portion). 32–50 94.000 Sub Transmission System (34 KV Line) Piti Steam Plant to Agana Diesel Plant and POL System Sasa Valley Tank Farm to NAS Agana. 33–50 953.000 Harmon Air Force Base. 34–50 2,922.000 Radio Barrigada. 35–50 25.000 AACS Radio Range (Area #30). 36–50 37.000 Water Line Apra Heights Reservoir to Fena Pump Station and Av-Gas Fuel System. 37–50 2,185.000 Fena River Reservoir. (b) The road system and utilities systems described in the said deed between the Naval Government of Guam and the United States of America dated July 31, 1950. (c) The following-described areas: Mount Lam Lam Light; Rear Range Light; Mount Aluton Light; Area Number 35 Culverts; Mount Santa Rosa Light; 36 acres of Camp Witek; Adelup Reservoir; Tripartite Seis- mograph Station Site, Land Unit M, Section 2, Land Square 20; the Power Sub-station located on Lot 266, Municipality of Agat adjacent to Erskine Drive, City of Agat. (d) Lots 2285–5 and 2306–1 in Barrigada. (e) All personal property relating to or used in con- nection with any of the above-described real property. 2. The following-described real property of the United States in Guam is hereby reserved to the United States and transferred to the administrative supervision of the Secretary of the Interior, and shall be available for disposition by the Secretary of the Interior in his dis- cretion under section 28(c) of the said Organic Act of Guam [subsection (c) of this section]: All of those lands which have been selected by the Secretary of the Navy for transfer or sale pursuant to the act of November 15, 1945, 59 Stat. 584, to persons in replacement of lands acquired for military or naval purposes in Guam, a list and description of such lands being on file in the Department of the Navy. 3. In addition to the personal property described in paragraph 1(e) hereof, there is hereby reserved to the United States all personal property of the United States in Guam, except that which is transferred to the government of Guam by or pursuant to section 28 (a) of the Organic Act of Guam, which on the date of this order is in the custody or control of the Department of the Army, the Department of the Navy, the Depart- ment of the Air Force, the Coast Guard, or any other department or agency of the United States; and all such personal property shall remain in the custody and control of the department or agency having custody and control thereof on the date of this order. HARRY S TRUMAN. § 1421f–1. Acknowledgment of deeds Deeds and other instruments affecting land situate in the District of Columbia or any Terri- tory of the United States may be acknowledged in the islands of Guam and Samoa or in the Canal Zone before any notary public or judge ap- pointed therein by proper authority, or by any officer therein who has ex officio the powers of a notary public: Provided, That the certificate by such notary in Guam, Samoa, or the Canal Zone, as the case may be, shall be accompanied by the certificate of the governor or acting gov- ernor of such place to the effect that the notary taking said acknowledgment was in fact the of- ficer he purported to be; and any deeds or other instruments affecting lands so situate, so ac- knowledged since the first day of January, 1905, and accompanied by such certificate shall have the same effect as such deeds or other instru- ments hereafter so acknowledged and certified. (June 28, 1906, ch. 3585, 34 Stat. 552.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in text, see section 3602(b) of Title 22, Foreign Relations and Inter- course. CODIFICATION Section was not enacted as part of the Organic Act of Guam which comprises this chapter. Section is also classified to section 1663 of this title. Section was formerly classified to sections 1358 and 1432 of this title. § 1421g. Establishment and maintenance of pub- lic bodies and offices (a) Public health services Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-