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    US Code, Title 48 (1996 edition)

    US Code, Title 48 (1996 edition) — TERRITORIES AND INSULAR POSSESSIONS

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Title 48 - TERRITORIES AND INSULAR POSSESSIONS <!-- AUTHORITIES-PUBLICATION-NAME:1994 Edition and Supplement II --> <!-- AUTHORITIES-PUBLICATION-ID:1994SUPP296 --> <!-- AUTHORITIES-PUBLICATION-YEAR:1996 --> <!-- AUTHORITIES-LAWS-ENACTED-THROUGH-DATE:19970106 --> <!-- SEARCHABLE-LAWS-ENACTED-THROUGH-DATE:January 6th, 1997 --> <!-- AUTHORITIES-USC-TITLE-NAME:TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS --> <!-- AUTHORITIES-USC-TITLE-ENUM:48 --> <!-- AUTHORITIES-USC-TITLE-STATUS:editorial --> <!-- CONVERSION-PROGRAM:xy2html.pm-0.329-20100225 --> <!-- CONVERSION-DATETIME:20100225144711 --> </title> </head> <body> <span style="font-weight:bold;font-size:12pt;">48 U.S.C. </span><br/> <span style="font-size:10pt">United States Code, 1996 Edition</span><br/> <span style="font-size:10pt">Title 48 - TERRITORIES AND INSULAR POSSESSIONS</span><br/> <span style="font-size:10pt">From the U.S. Government Publishing Office, <a href="http://www.gpo.gov">www.gpo.gov</a></span><br/><br/> <div width="700"> <!-- PDFPage:1 --> <!-- documentid:48_ currentthrough:19970106 documentPDFPage:-1 --> <!-- itempath:/480 --> <!-- itemsortkey:480AAAA --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS --> <!-- field-start:titlehead --> <h1 class="usc-title-head">TITLE 48&mdash;TERRITORIES AND INSULAR POSSESSIONS</h1> <!-- field-end:titlehead --> <!-- field-start:analysis --> <div class="analysis"> <div><div class="analysis-head-left">Chap.</div><div class="analysis-head-right">Sec.</div></div> <div><div class="three-column-analysis-style-content-left">1.</div><div class="three-column-analysis-style-content-center" id="wide">Bureau of Insular Affairs [Omitted or Repealed]</div><div class="three-column-analysis-style-content-right">1</div></div> <div><div class="three-column-analysis-style-content-left">2.</div><div class="three-column-analysis-style-content-center">Alaska</div><div class="three-column-analysis-style-content-right">21</div></div> <div><div class="three-column-analysis-style-content-left">3.</div><div class="three-column-analysis-style-content-center">Hawaii</div><div class="three-column-analysis-style-content-right">491</div></div> <div><div class="three-column-analysis-style-content-left">4.</div><div class="three-column-analysis-style-content-center">Puerto Rico</div><div class="three-column-analysis-style-content-right">731</div></div> <div><div class="three-column-analysis-style-content-left">5.</div><div class="three-column-analysis-style-content-center" id="wide">Philippine Islands [Omitted, Repealed, or Transferred]</div><div class="three-column-analysis-style-content-right">1001</div></div> <div><div class="three-column-analysis-style-content-left">6.</div><div class="three-column-analysis-style-content-center" id="wide">Canal Zone [Omitted, Repealed, or Transferred]</div><div class="three-column-analysis-style-content-right">1301</div></div> <div><div class="three-column-analysis-style-content-left">7.</div><div class="three-column-analysis-style-content-center">Virgin Islands</div><div class="three-column-analysis-style-content-right">1391</div></div> <div><div class="three-column-analysis-style-content-left">8.</div><div class="three-column-analysis-style-content-center">Guano Islands</div><div class="three-column-analysis-style-content-right">1411</div></div> <div><div class="three-column-analysis-style-content-left">8A.</div><div class="three-column-analysis-style-content-center">Guam</div><div class="three-column-analysis-style-content-right">1421</div></div> <div><div class="three-column-analysis-style-content-left">9.</div><div class="three-column-analysis-style-content-center">Samoa, Tutuila, Manua, Swains Island, and Trust Territory of the Pacific Islands [Transferred]</div><div class="three-column-analysis-style-content-right">1431</div></div> <div><div class="three-column-analysis-style-content-left">10.</div><div class="three-column-analysis-style-content-center">Territorial Provisions of a General Nature</div><div class="three-column-analysis-style-content-right">1451</div></div> <div><div class="three-column-analysis-style-content-left">11.</div><div class="three-column-analysis-style-content-center">Alien Owners of Land</div><div class="three-column-analysis-style-content-right">1501</div></div> <div><div class="three-column-analysis-style-content-left">12.</div><div class="three-column-analysis-style-content-center">Virgin Islands</div><div class="three-column-analysis-style-content-right">1541</div></div> <div><div class="three-column-analysis-style-content-left">13.</div><div class="three-column-analysis-style-content-center">Eastern Samoa</div><div class="three-column-analysis-style-content-right">1661</div></div> <div><div class="three-column-analysis-style-content-left">14.</div><div class="three-column-analysis-style-content-center">Trust Territory of the Pacific Islands</div><div class="three-column-analysis-style-content-right">1681</div></div> <div><div class="three-column-analysis-style-content-left">15.</div><div class="three-column-analysis-style-content-center">Conveyance of Submerged Lands to Territories</div><div class="three-column-analysis-style-content-right">1701</div></div> <div><div class="three-column-analysis-style-content-left">16.</div><div class="three-column-analysis-style-content-center">Delegates to Congress</div><div class="three-column-analysis-style-content-right">1711</div></div> <div><div class="three-column-analysis-style-content-left">17.</div><div class="three-column-analysis-style-content-center">Northern Mariana Islands</div><div class="three-column-analysis-style-content-right">1801</div></div> <div><div class="three-column-analysis-style-content-left">18.</div><div class="three-column-analysis-style-content-center">Micronesia, Marshall Islands, and Palau</div><div class="three-column-analysis-style-content-right">1901</div></div> <div><div class="three-column-analysis-style-content-left">19.</div><div class="three-column-analysis-style-content-center">Pacific Policy Reports</div><div class="three-column-analysis-style-content-right">2001</div></div> </div> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p> <!-- field-end:analysis --> <!-- documentid:48_-ch1 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/CHAPTER 1 --> <!-- itemsortkey:480AAAB --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!CHAPTER 1-BUREAU OF INSULAR AFFAIRS --> <!-- field-start:structuralhead --> <h3 class="chapter-head"><strong>CHAPTER 1&mdash;BUREAU OF INSULAR AFFAIRS</strong></h3> <!-- field-end:structuralhead --> <!-- documentid:48_1 usckey:480000000000100000000000000000000 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/CHAPTER 1/Sec. 1 --> <!-- itemsortkey:480AAAC --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!CHAPTER 1-BUREAU OF INSULAR AFFAIRS!@!Sec. 1 --> <!-- field-start:omittedhead --> <h3 class="section-head">&sect;1. Omitted</h3> <!-- field-end:omittedhead --> <!-- field-start:notes --> <!-- field-start:codification-note --> <h4 class="note-head">Codification</h4> <p class="note-body">Section, act July 1, 1902, ch. 1369, &sect;87, 32 Stat. 712, provided that the Division of Insular Affairs of the War Department should be known as the Bureau of Insular Affairs and prescribed its business.</p> <p class="note-body">By Ex. Ord. No. 6726, eff. May 29, 1934, the Division of Territories and Island Possessions was established in the Department of the Interior, and the functions of the Bureau pertaining to the administration of the Government of Puerto Rico, together with the personnel, equipment and funds, were transferred thereto.</p> <p class="note-body">By Reorg. Plan No. II of 1939, &sect;4(d), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433, set out in the Appendix to Title 5, Government Organization and Employees. The Bureau of Insular Affairs of the War Department and its functions were transferred to the Department of the Interior and consolidated with the Division of Territories and Island Possessions, to be administered under the direction and supervision of the Secretary of the Interior. The office of the Chief of the Bureau and offices subordinate thereto provided for in section 14 of act June 4, 1920, ch. 227, 41 Stat. 769, were abolished and all their functions transferred to, and were to be exercised by, the Director of the Division of Territories and Island Possessions.</p> <!-- field-end:codification-note --> <!-- field-end:notes --> <!-- documentid:48_2 usckey:480000000000200000000000000000000 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/CHAPTER 1/Sec. 2 --> <!-- itemsortkey:480AAAD --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!CHAPTER 1-BUREAU OF INSULAR AFFAIRS!@!Sec. 2 --> <!-- field-start:repealedhead --> <h3 class="section-head">&sect;2. Repealed. Aug. 10, 1956, ch. 1041, &sect;53, 70A Stat. 641</h3> <!-- field-end:repealedhead --> <!-- field-start:repealsummary --> <p class="note-body">Section, acts June 3, 1916, ch. 134, &sect;14, 39 Stat. 176; June 4, 1920, ch. 227, subch. I, &sect;14, 41 Stat. 769, prescribed composition of Bureau of Insular Affairs.</p> <!-- field-end:repealsummary --> <!-- documentid:48_3 usckey:480000000000300000000000000000000 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/CHAPTER 1/Sec. 3 --> <!-- itemsortkey:480AAAE --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!CHAPTER 1-BUREAU OF INSULAR AFFAIRS!@!Sec. 3 --> <!-- field-start:repealedhead --> <h3 class="section-head">&sect;3. Repealed. Pub. L. 89&ndash;554, &sect;8(a), Sept. 6, 1966, 80 Stat. 640</h3> <!-- field-end:repealedhead --> <!-- field-start:repealsummary --> <p class="note-body">Section, acts June 25, 1906, ch. 3528, 34 Stat. 456; June 4, 1920, ch. 227, subch. I, &sect;14, 41 Stat. 769, provided for appointment of Chief of Bureau.</p> <!-- field-end:repealsummary --> <!-- documentid:48_4,_5 usckey:480000000000400000000000000000000 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/CHAPTER 1/Secs. 4, 5 --> <!-- itemsortkey:480AAAF --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!CHAPTER 1-BUREAU OF INSULAR AFFAIRS!@!Secs. 4, 5 --> <!-- field-start:repealedhead --> <h3 class="section-head">&sect;&sect;4, 5. Repealed. Dec. 16, 1930, ch. 14, &sect;1, 46 Stat. 1029</h3> <!-- field-end:repealedhead --> <!-- field-start:repealsummary --> <p class="note-body">Section 4, acts Mar. 2, 1907, ch. 2511, 34 Stat. 1162; Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail an Army officer to act as assistant to Chief of Bureau of Insular Affairs of War Department and directed that provisions of law as to transfer of officers of line to a department for tours of service would apply to vacancy created by this section and to return of detailed officer to Army.</p> <p class="note-body">Section 5, act Mar. 23, 1910, ch. 115, 36 Stat. 248, authorized Secretary of War to detail one additional Army officer as assistant to Chief of Bureau of Insular Affairs under same provisions in regard to vacancies and return as provided in section 4 of this title.</p> <p class="5800I01">Chap. 2</p> <!-- field-end:repealsummary --> <!-- documentid:48_-Chap._2 currentthrough:19970106 documentPDFPage:1 --> <!-- itempath:/480/Chap. 2 --> <!-- itemsortkey:480AAAG --> <!-- expcite:TITLE 48-TERRITORIES AND INSULAR POSSESSIONS!@!Chap. 2 --> <!-- field-start:structuralhead --> <h3 class="chapter-head"><strong>CHAPTER 2&mdash;ALASKA</strong></h3> <!-- field-end:structuralhead --> <!-- field-start:analysis --> <div class="analysis"> <div><div class="analysis-head-left">Sec.</div></div> <div><div class="two-column-analysis-style-content-left" id="wide">21 to 50d&ndash;1. Omitted or Repealed.</div></div> <div><div class="two-column-analysis-style-content-left">50e.</div><div class="two-column-analysis-style-content-right">Appropriations for benefit of natives; purchase of supplies for resale to natives, cooperatives, and Department employees.</div></div> <div><div class="two-column-analysis-style-content-left">50f.</div><div class="two-column-analysis-style-content-right">Disposal of miscellaneous revenues from schools, hospitals, and other Indian Service facilities.</div></div> <div><div class="two-column-analysis-style-content-left" id="wide">50g to 488f. Omitted, Repealed, or Transferred.</div></div> </div> <p>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;</p> <!-- field-end:analysis --> <!-- field-start:notes --> <!-- field-start:miscellaneous-note --> <h4 class="note-head">Admission as State</h4> <p class="note-body">Alaska was admitted into the Union on January 3, 1959, on issuance of Proc. No. 3269, eff. Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, set out below, as required by sections 1 and 8(c) of the Alaska Statehood Law, Pub. L. 85&ndash;508, July 7, 1958, 72 Stat. 339, set out below.</p> <h4 class="note-head">Alaska Statehood</h4> <p class="note-body">Pub. L. 85&ndash;508, July 7, 1958, 72 Stat. 339, as amended, provided:</p> <p class="note-body">&ldquo;[<cap-smallcap>Sec</cap-smallcap>. 1. Declaration; acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 8(c) of this Act, the State of Alaska is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Alaska entitled, &lsquo;An Act to provide for the holding of a constitutional convention to prepare a constitution for the State of Alaska; to submit the con<!-- PDFPage:2 -->stitution to the people for adoption or rejection; to prepare for the admission of Alaska as a State; to make an appropriation; and setting an effective date&rsquo;, approved March 19, 1955 (Chapter 46, Session Laws of Alaska, 1955), and adopted by a vote of the people of Alaska in the election held on April 24, 1956, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 2. [Territory.] The State of Alaska shall consist of all the territory, together with the territorial waters appurtenant thereto, now included in the Territory of Alaska.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 3. [Constitution.] The constitution of the State of Alaska shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 4. [Compact with United States; disclaimer of right and title to lands or other property; taxation.] As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property (including fishing rights), the right or title to which may be held by said natives or is held by the United States in trust for said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: <em>Provided</em>, That nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: <em>And provided further</em>, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation. (As amended Pub. L. 86&ndash;70, &sect;2(a), June 25, 1959, 73 Stat. 141.)</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 5. [Title to property.] The State of Alaska and its political subdivisions, respectively, shall have and retain title to all property, real and personal, title to which is in the Territory of Alaska or any of the subdivisions. Except as provided in section 6 hereof, the United States shall retain title to all property, real and personal, to which it has title, including public lands.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 6. [Selection from public lands; fish and wildlife resources; public school support; mineral leases, permits, leases, or contracts; mineral land grants; schools and colleges; confirmation of grants; internal improvements; submerged lands.] (a) For the purposes of furthering the development of and expansion of communities, the State of Alaska is hereby granted and shall be entitled to select, within thirty-five years after the date of the admission of the State of Alaska into the Union, from lands within national forests in Alaska which are vacant and unappropriated at the time of their selection not to exceed four hundred thousand acres of land, and from the other public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection not to exceed another four hundred thousand acres of land, all of which shall be adjacent to established communities or suitable for prospective community centers and recreational areas. Such lands shall be selected by the State of Alaska with the approval of the Secretary of Agriculture as to national forest lands and with the approval of the Secretary of the Interior as to other public lands: <em>Provided</em>, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the land so occupied: <em>Provided further</em>, That for the purposes of this section the term &lsquo;public lands of the United States in Alaska which are vacant, unappropriated, and unreserved&rsquo; shall include, without limiting the use thereof, the retained or reserved interest of the United States in lands which have been disposed of with a reservation to the United States of all minerals or any specified mineral or minerals.</p> <p class="note-body">&ldquo;(b) The State of Alaska, in addition to any other grants made in this section, is hereby granted and shall be entitled to select, within thirty-five years after the admission of Alaska into the Union, not to exceed one hundred and two million five hundred and fifty thousand acres from the public lands of the United States in Alaska which are vacant, unappropriated, and unreserved at the time of their selection: <em>Provided</em>, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locator, or entryman to the full use and enjoyment of the lands so occupied: <em>And provided further</em>, That no selection hereunder shall be made in the area north and west of the line described in section 10 without approval of the President or his designated representative.</p> <p class="note-body">&ldquo;(c) Block 32, and the structures and improvements thereon, in the city of Juneau are granted to the State of Alaska for any or all of the following purposes or a combination thereof: A residence for the Governor, a State museum, or park and recreational use.</p> <p class="note-body">&ldquo;(d) Block 19, and the structures and improvements thereon, and the interests of the United States in blocks C and 7, and the structures and improvements thereon, in the city of Juneau, are hereby granted to the State of Alaska.</p> <p class="note-body">&ldquo;(e) All real and personal property of the United States situated in the Territory of Alaska which is specifically used for the sole purpose of conservation and protection of the fisheries and wildlife of Alaska, under the provisions of the Alaska game law of July 1, 1943 (57 Stat. 301; 48 U.S.C., secs 192&ndash;211), as amended, and under the provisions of the Alaska commercial fisheries, laws of June 26, 1906 (34 Stat. 478; 48 U.S.C., secs. 230&ndash;239 and 241&ndash;242), and June 6, 1924 (43 Stat. 465; 48 U.S.C., secs. 221&ndash;228), as supplemented and amended, shall be transferred and conveyed to the State of Alaska by the appropriate Federal agency: <em>Provided</em>, That the administration and management of the fish and wildlife resources of Alaska shall be retained by the Federal Government under existing laws until the first day of the first calendar year following the expiration of ninety calendar days after the Secretary of the Interior certifies to the Congress that the Alaska State Legislature has made adequate provision for the administration, management, and conservation of said resources in the broad national interest: <em>Provided</em>, That such transfer shall not include lands withdrawn or otherwise set apart as refuges or reservations for the protection of wildlife nor facilities utilized in connection therewith, or in connection with general research activities relating to fisheries or wildlife. Sums of money that are available for apportionment or which the Secretary of the Interior shall have apportioned as of the date the State of Alaska shall be deemed to be admitted into the <!-- PDFPage:3 -->Union, for wildlife restoration in the Territory of Alaska, pursuant to section 8(a) of the Act of September 2, 1937, as amended (16 U.S.C., sec. 669g&ndash;1), and for fish restoration and management in the Territory of Alaska, pursuant to section 12 of the Act of August 9, 1950 (16 U.S.C., sec. 777k), shall continue to be available for the period, and under the terms and conditions in effect at the time, the apportionments are made. Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea otter skins made in accordance with the provisions of the Fur Seal Act of 1966 [16 U.S.C. 1151 et seq.]. In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the Fur Seal Act of 1966, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands, and the payments made to any municipal corporation established pursuant to section 206 of the Fur Seal Act of 1966 [16 U.S.C. 1166] and to the civil service retirement and disability fund pursuant to section 208 of the Fur Seal Act of 1966 [16 U.S.C. 1168]. In administering the Pribilof Islands fund established by section 407 of the Fur Seal Act of 1966 [16 U.S.C. 1187], the Secretary shall consult with the State of Alaska annually. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the Fur Seal Act of 1966 and the Northern Pacific Halibut Act of 1937 (16 U.S.C. 772&ndash;772i).</p> <p class="note-body">&ldquo;(f) Five per centum of the proceeds of sale of public lands lying within said State which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to such sales, shall be paid to said State to be used for the support of the public schools within said State.</p> <p class="note-body">&ldquo;(g) Except as provided in subsection (a), all lands granted in quantity to and authorized to be selected by the State of Alaska by this Act shall be selected in such manner as the laws of the State may provide, and in conformity with such regulations as the Secretary of the Interior may prescribe. All selections shall be made in reasonably compact tracts, taking into account the situation and potential uses of the lands involved, and each tract selected shall contain at least five thousand seven hundred and sixty acres unless isolated from other tracts open to selection or, in the case of selections under subsec. (a) of this section, one hundred and sixty acres. The authority to make selections shall never be alienated or bargained away, in whole or in part, by the State. Upon the revocation of any order of withdrawal in Alaska, the order of revocation shall provide for a period of not less than ninety days before the date on which it otherwise becomes effective, if subsequent to the admission of Alaska into the Union, during which period the State of Alaska shall have a preferred right of selection, subject to the requirements of this Act, except as against prior existing valid rights or as against equitable claims subject to allowance and confirmation. Such preferred right of selection shall have precedence over the preferred right of application created by section 4 of the Act of September 27, 1944 (58 Stat. 748; 43 U.S.C., sec. 282), as now or hereafter amended, but not over other preference rights now conferred by law. Where any lands desired by the State are unsurveyed at the time of their selection, the Secretary of the Interior shall survey the exterior boundaries of the area requested without any interior subdivision thereof and shall issue a patent for such selected area in terms of the exterior boundary survey; where any lands desired by the State are surveyed at the time of their selection, the boundaries of the area requested shall conform to the public land subdivisions established by the approval of the survey. All lands duly selected by the State of Alaska pursuant to this Act shall be patented to the State by the Secretary of the Interior. Following the selection of lands by the State and the tentative approval of such selection by the Secretary of the Interior or his designee, but prior to the issuance of final patent, the State is hereby authorized to execute conditional leases and to make conditional sales of such selected lands. As used in this subsection, the words &lsquo;equitable claims subject to allowance and confirmation&rsquo; include, without limitation, claims of holders of permits issued by the Department of Agriculture on lands eliminated from national forests, whose permits have been terminated only because of such elimination and who own valuable improvements on such lands. As to all selections made by the State after January 1, 1979, pursuant to section 6(b) of this Act, the Secretary of the Interior, in his discretion, may waive the minimum tract selection size where he determines that such a reduced selection size would be in the national interest and would result in a better land ownership pattern.</p> <p class="note-body">&ldquo;(h) Any lease, permit, license, or contract issued under the Mineral Leasing Act of February 25, 1920 (41 Stat. 437; 30 U.S.C. 181 and the following), as amended, or under the Alaska Coal Leasing Act of October 20, 1914 (38 Stat. 741; 30 U.S.C.<sup><a href="#CHAPTER2_1_target" name="CHAPTER2_1">1</a></sup> 432 and the following), as amended, shall have the effect of withdrawing the lands subject thereto from selection by the State of Alaska under this Act, unless an application to select such lands is filed with the Secretary of the Interior within a period of ten years after the date of the admission of Alaska into the Union. Such selections shall be made only from lands that are otherwise open to selection under this Act. When all of the lands subject to a lease, permit, license, or contract are selected, the patent for the lands so selected shall vest in the State of Alaska all the right, title, and interest of the United States in and to that lease, permit, license, or contract that remains outstanding on the effective date of the patent, including the right to all the rentals, royalties, and other payments accruing after that date under that lease, permit, license, or contract, and including any authority that may have been retained by the United States to modify the terms and conditions of that lease, permit, license, or contract: <em>Provided</em>, That nothing herein contained shall affect the continued validity of any such lease, permit, license, or contract or any rights arising thereunder. Where only a portion of the lands subject to a lease, permit, license, or contract are selected, there shall be reserved to the United States the mineral or minerals subject to that lease, permit, license, or contract, together with such further rights as may be necessary to the full and complete enjoyment of all rights, privileges, and benefits under or with respect to that lease, permit, license, or contract; upon the termination of the lease, permit, license, or contract, title to the minerals so reserved to the United States shall pass to the State of Alaska.</p> <p class="note-body">&ldquo;(i) All grants made or confirmed under this Act shall include mineral deposits. The grants of mineral lands to the State of Alaska under subsections (a) and (b) of this section are made upon the express condition that all sales, grants, deeds, or patents for any of the mineral lands so granted shall be subject to and contain a reservation to the State of all of the minerals in the lands so sold, granted, deeded, or patented, together with the right to prospect for, mine, and remove the same. Mineral deposits in such lands shall be subject to lease by the State as the State legislature may direct: <em>Provided</em>, That any lands or minerals hereafter disposed of contrary to the provisions of this section shall be forfeited to the United States by appropriate proceedings instituted by the Attorney General for that purpose in the United States District Court for the District of Alaska.</p> <p class="note-body">&ldquo;(j) The schools and colleges provided for in this Act shall forever remain under the exclusive control of the State, or its governmental subdivisions, and no part of <!-- PDFPage:4 -->the proceeds arising from the sale or disposal of any lands granted herein for educational purposes shall be used for the support of any sectarian or denominational school, college, or university.</p> <p class="note-body">&ldquo;(k) Grants previously made to the Territory of Alaska are hereby confirmed and transferred to the State of Alaska upon its admission. Effective upon the admission of the State of Alaska into the Union, section 1 of the Act of March 4, 1915 (38 Stat. 1214; 48 U.S.C., sec. 353), as amended, and the last sentence of section 35 of the Act of February 25, 1920 (41 Stat. 450; 30 U.S.C., sec. 191), as amended, are repealed and all lands therein reserved under the provisions of section 1 as of the date of this Act [July 7, 1958] shall, upon the admission of said State into the Union, be granted to said State for the purposes for which they were reserved; but such repeal shall not affect any outstanding lease, permit, license, or contract issued under said section 1, as amended, or any rights or powers with respect to such lease, permit, license, or contract, and shall not affect the disposition of the proceeds or income derived prior to such repeal from any lands reserved under said section 1, as amended, or derived thereafter from any disposition of the reserved lands or an interest therein made prior to such repeal.</p> <p class="note-body">&ldquo;(<em>l</em>) The grants provided for in this Act shall be in lieu of the grant of land for purposes of internal improvements made to new States by section 8 of the Act of September 4, 1841 (5 Stat. 455), and sections 2378 and 2379 of the Revised Statutes (43 U.S.C., sec. 857), and in lieu of the swampland grant made by the Act of September 28, 1850 (9 Stat. 520), and section 2479 of the Revised Statutes (43 U.S.C., sec. 982), and in lieu of the grant of thirty thousand acres for each Senator and Representative in Congress made by the Act of July 2, 1862, as amended (12 Stat. 503; 7 U.S.C., secs. 301&ndash;308), which grants are hereby declared not to extend to the State of Alaska.</p> <p class="note-body">&ldquo;(m) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) shall be applicable to the State of Alaska and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86&ndash;70, &sect;2(b), June 25, 1959, 73 Stat. 141; Pub. L. 86&ndash;173, Aug. 18, 1959, 73 Stat. 395; Pub. L. 86&ndash;786, &sect;&sect;3, 4, Sept. 14, 1960, 74 Stat. 1025; Pub. L. 88&ndash;135, Oct. 8, 1963, 77 Stat. 223; Pub. L. 88&ndash;289, Mar. 25, 1964, 78 Stat. 169; Pub. L. 89&ndash;702, title IV, &sect;408(b), Nov. 2, 1966, 80 Stat. 1098; Pub. L. 96&ndash;487, title IX, &sect;906(a), (f)(3), Dec. 2, 1980, 94 Stat. 2437, 2440.)</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 7. [Certification by President; proclamation for elections.] Upon enactment of this Act, it shall be the duty of the President of the United States, not later than July 3, 1958, to certify such fact to the Governor of Alaska. Thereupon the Governor, on or after July 3, 1958, and not later than August 1, 1958, shall issue his proclamation for the elections, as hereinafter provided, for officers of all elective offices and in the manner provided for by the constitution of the proposed State of Alaska, but the officers so elected shall in any event include two Senators and one Representative in Congress.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 8. [Election of officers; date; propositions; certification of voting results; proclamation by President; laws in effect.] (a) The proclamation of the Governor of Alaska required by section 7 shall provide for holding of a primary election and a general election on dates to be fixed by the Governor of Alaska: <em>Provided</em>, That the general election shall not be held later than December 1, 1958, and at such elections the officers required to be elected as provided in section 7 shall be, and officers for other elective offices provided for in the constitution of the proposed State of Alaska may be, chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Alaska for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Alaska may prescribe. The Governor of Alaska shall certify the results of said elections to the President of the United States.</p> <p class="note-body">&ldquo;(b) At an election designated by proclamation of the Governor of Alaska, which may be the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, by separate ballot on each, the following propositions:</p> <p class="note-body">&ldquo;&nbsp;&lsquo;(1) Shall Alaska immediately be admitted into the Union as a State?</p> <p class="note-body">&ldquo;&nbsp;&lsquo;(2) The boundaries of the State of Alaska shall be as prescribed in the Act of Congress approved &#95;&#95;&#95;&#95; (date of approval of this Act) and all claims of this State to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.</p> <p class="note-body">&ldquo;&nbsp;&lsquo;(3) All provisions of the Act of Congress approved &#95;&#95;&#95;&#95; (date of approval of this Act) reserving rights or powers to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Alaska, are consented to fully by said State and its people.&rsquo;</p> <p class="note-body">&ldquo;In the event each of the foregoing propositions is adopted at said election by a majority of the legal votes cast on said submission, the proposed constitution of the proposed State of Alaska, ratified by the people at the election held on April 24, 1956, shall be deemed amended accordingly. In the event any one of the foregoing propositions is not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall thereupon cease to be effective.</p> <p class="note-body">&ldquo;The Governor of Alaska is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Alaska, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States.</p> <p class="note-body">&ldquo;(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Alaska, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 7 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Alaska shall be deemed admitted into the Union as provided in section 1 of this Act.</p> <p class="note-body">&ldquo;Until the said State is so admitted into the Union, all of the officers of said Territory, including the Delegate in Congress from said Territory, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Alaska into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in or under or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.</p> <p class="note-body">&ldquo;(d) Upon admission of the State of Alaska into the Union as herein provided, all of the Territorial laws then in force in the Territory of Alaska shall be and continue in full force and effect throughout said State except as modified or changed by this Act, or by the constitution of the State, or as thereafter modified or changed by the legislature of the State. All of the laws of the United States shall have the same force and effect within said State as elsewhere within the United States. As used in this paragraph, the term &lsquo;Territorial <!-- PDFPage:5 -->laws&rsquo; includes (in addition to laws enacted by the Territorial Legislature of Alaska) all laws or parts thereof enacted by the Congress the validity of which is dependent solely upon the authority of the Congress to provide for the government of Alaska prior to the admission of the State of Alaska into the Union, and the term &lsquo;laws of the United States&rsquo; includes all laws or parts thereof enacted by the Congress that (1) apply to or within Alaska at the time of the admission of the State of Alaska into the Union, (2) are not &lsquo;Territorial laws&rsquo; as defined in this paragraph, and (3) are not in conflict with any other provisions of this Act.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 9. [House of Representatives membership.] The State of Alaska upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: <em>Provided</em>, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13) nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter.</p> <p class="note-body">&ldquo;<cap-smallcap>Sec</cap-smallcap>. 10. [National defense withdrawals; jurisdiction.] (a) The President of the United States is hereby authorized to establish, by Executive order or proclamation, one or more special national defense withdrawals within the exterior boundaries of Alaska, which withdrawal or withdrawals may thereafter be terminated in whole or in part by the President.</p> <p class="note-body">&ldquo;(b) Special national defense withdrawals established under subsection (a) of this section shall be confined to those portions of Alaska that are situated to the north or west of the following line: Beginning at the point where the Porcupine River crosses the international boundary between Alaska and Canada; thence along a line parallel to, and five miles from, the right bank of the main channel of the Porcupine River to its confluence with the Yukon River; thence along a line parallel to, and five miles from, the right bank of the main channel of the Yukon River to its most southerly point of intersection with the meridian of longitude 160 degrees west of Greenwich; thence south to the intersection of said meridian with the Kuskokwim River; thence along a line parallel to, and five miles from the right bank of the Kuskokwim River to the mouth of said river; thence along the shoreline of Kuskokwim Bay to its intersection with the meridian of longitude 162 degrees 30 minutes west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 57 degrees 30 minutes north; thence east to the intersection of said parallel with the meridian of longitude 156 degrees west of Greenwich; thence south to the intersection of said meridian with the parallel of latitude 50 degrees north.</p> <p class="note-body">&ldquo;(c) Effective upon the issuance of such Executive order or proclamation, exclusive jurisdiction over all special national defense withdrawals established under this section is hereby reserved to the United States, which shall have sole legislative, judicial, and executive power within such withdrawals, except as provided hereinafter. The exclusive jurisdiction so established shall extend to all lands within the exterior boundaries of each such withdrawal, and shall remain in effect with respect to any particular tract or parcel of land only so long as such tract or parcel remains within the exterior boundaries of such a withdrawal. The laws of the State of Alaska shall not apply to areas within any special national defense withdrawal established under this section while such areas remain subject to the exclusive jurisdiction hereby authorized: <em>Provided, however</em>, That such exclusive jurisdiction shall not prevent the execution of any process, civil or criminal, of the State of Alaska, upon any person found within said withdrawals: <em>And provided further</em>, That such exclusive jurisdiction shall not prohibit the State of Alaska from enacting and enforcing all laws necessary to establish voting districts, and the qualification and procedures for voting in all elections.</p> <p class="note-body">&ldquo;(d) During the continuance in effect of any special national defense withdrawal established under this section, or until the Congress otherwise provides, such exclusive jurisdiction shall be exercised within each such withdrawal in accordance with the following provisions of law:</p> <p class="note-body">&ldquo;(1) All laws enacted by the Congress that are of general application to areas under the exclusive jurisdiction of the United States, including, but without limiting the generality of the foregoing, those provisions of title 18, United States Code, that are applicable within the special maritime and territorial jurisdiction of the United States as defined in section 7 of said title, shall apply to all areas within such withdrawals.</p> <p class="note-body">&ldquo;(2) In addition, any areas within the withdrawals that are reserved by Act of Congress or by Executive action for a particular military or civilian use of the United States shall be subject to all laws enacted by the Congress that have application to lands withdrawn for that particular use, and any other areas within the withdrawals shall be subject to all laws enacted by the Congress that are of general application to lands withdrawn for defense purposes of the United States.</p> <p class="note-body">&ldquo;(3) To the extent consistent with the laws described in paragraphs (1) and (2) of this subsection and with regulations made or other actions taken under their authority, all laws in force within such withdrawals immediately prior to the creation thereof by Executive order or proclamation shall apply within the withdrawals and, for this purpose, are adopted as laws of the United States: <em>Provided, however</em>, That the laws of the State or Territory relating to the organization or powers of municipalities or local political subdivisions, and the laws or ordinances of such municipalities or political subdivisions shall not be adopted as laws of the United States.</p> <p class="note-body">&ldquo;(4) All functions vested in the United States commissioners by the laws described in this subsection shall continue to be performed within the withdrawals by such commissioners.</p> <p class="note-body">&ldquo;(5) All functions vested in any municipal corporation, school district, or other local political subdivision by the laws described in this subsection shall continue to be performed within the withdrawals by such corporation, district, or other subdivision, and the laws of the State or the laws or ordinances of such municipalities or local political subdivision shall remain in full force and effect notwithstanding any withdrawal made under this section.</p> <p class="note-body">&ldquo;(6) All other functions vested in the government of Alaska or in any officer or agency thereof, except judicial functions over which the United States District Court for the District of Alaska is given jurisdiction by this Act or other provisions of law, shall be performed within the withdrawals by such civilian individuals or civilian agencies and in such manner as the President shall from time to time, by Executive order, direct or authorize.</p> <p class="note-body">&ldquo;(7) The United States District Court for the District of Alaska shall have original jurisdiction, without regard to the sum or value of any matter in controversy, over all civil actions arising within such withdrawals under the laws made applicable thereto by this subsection, as well as over all offenses committed within the withdrawals.</p> <p class="note-body">&ldquo;(e) Nothing contained in subsection (d) of this section shall be construed as limiting the exclusive jurisdiction established in the United States by subsection (c) of this section or the authority of the Congress to implement such exclusive jurisdiction by appropriate legislation, or as denying to persons now or hereafter residing within any portion of the areas described in subsection (b) of this section the right to vote at all elections held within the political subdivisions as prescribed by the State of Alaska where they respectively reside, or as limiting the jurisdiction conferred on the United States District Court for the District of Alaska by any other provision of law, or as continuing in effect <…

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