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Title 48 — Territories and Insular Possessions

Part A · Chapter 18 — Micronesia, Marshall Islands, and Palau

§ 1905. Supplemental provisions

Statutory text

(a)

Domestic program requirements

Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths).

(b)

Relations with Federated States of Micronesia and Marshall Islands

(1)

The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsibility for government to government relations between the United States and the Government with respect to whom they are appointed, consistent with the authority of the Secretary of the Interior as set forth in this section.

(2)

Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution.

(3)

All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the Interior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and services available as the Secretary of the Interior may request.

(4)

Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area.

(5)

The President is hereby authorized to appoint an Interagency Group on Freely Associated States’ Affairs to provide policy guidance to federal departments and agencies. Such interagency group shall include the Secretary of the Interior and the Secretary of State.

(c)

Continuing Trust Territory authorization

The authorization provided by the Act of , as amended (68 Stat. 330) shall remain available after the effective date of the Compact with respect to the Federated States of Micronesia and the Marshall Islands for the following purposes:

(1)

Prior to , for any purpose authorized by the Compact or this joint resolution.

(2)

Transition purposes, including but not limited to, completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:

(1)

For fiscal year 1987, an amount not to exceed 75 per centum of the total amount appropriated for such programs for fiscal year 1986;

(2)

For fiscal year 1988, an amount not to exceed 50 per centum of the total amount appropriated for such programs for fiscal year 1986;

(3)

For fiscal year 1989, an amount not to exceed 25 per centum of the total amount appropriated for such programs for fiscal year 1986.

(d)

Medical referral debts

(1)

Federated States of Micronesia

In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Federated States of Micronesia, the United States shall make available to the Government of the Federated States of Micronesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micronesia before .

(2)

Marshall Islands

In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Marshall Islands, the United States shall make available to the Government of the Marshall Islands such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, its territories and commonwealths by citizens of the Marshall Islands before .

(3)

Use of funds

In making funds available pursuant to this subsection, the President shall take such actions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be.

(4)

Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subsection.

(e)

Survivability

In furtherance of the provisions of Title Four, Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain effective after the termination of the Compact by the act of any party thereto and which are affected in any manner by provisions of this part shall remain subject to such provisions.

(f)

Registration for agents of Governments of Federated States of Micronesia and Marshall Islands

(1)

In general

Notwithstanding the provisions of Title One, Article V, section 153 of the Compact, after approval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Government of the Marshall Islands or the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) that apply with respect to an agent of a foreign principal shall be subject to the requirements of such Act. Failure to comply with such requirements shall subject such citizen to the same penalties and provisions of law as apply in the case of the failure of such an agent of a foreign principal to comply with such requirements. For purposes of the Foreign Agents Registration Act of 1938, the Federated States of Micronesia and the Marshall Islands shall be considered to be foreign countries.

(2)

Exception

Paragraph (1) of this subsection shall not apply to a citizen of the United States employed by either the Government of the Marshall Islands or the Government of the Federated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Micronesia (as the case may be) whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended [22 U.S.C. 611 et seq.], that apply with respect to an agent of a foreign principal. The agency or officer of the United States receiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the persons so certified.

(3)

Resident representative exemption

Nothing in this subsection shall be construed as amending Section 152(b) of the Compact.

(g)

Noncompliance sanctions

(1)

Authority of President

The President of the United States shall have no authority to suspend or withhold payments or assistance with respect to—

(A)

section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or

(B)

any agreements made pursuant to such sections of the Compact,

unless such suspension or withholding is imposed as a sanction due to noncompliance by the Government of the Federated States of Micronesia or the Government of the Marshall Islands (as the case may be) with the obligations and requirements of such sections of the Compact or such agreements.

(2)

Actions incompatible with United States authority

The Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Marshall Islands pursuant to the Compact, including the agreements referred to in sections 462(j) and 462(k) thereof. The Congress further expresses its intention that any such act on the part of either such Government will be viewed by the United States as a material breach of the Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Micronesia or the Government of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government.

(h)

Continuing programs and laws

(1)

Federated States of Micronesia and Marshall Islands

In addition to the programs and services set forth in section 221 of the Compact, and pursuant to section 224 of the Compact, the programs and services of the following agencies shall be made available to the Federated States of Micronesia and to the Marshall Islands:

(A)

the Legal Services Corporation;

(B)

the Public Health Service; and

(C)

the Farmers Home Administration (in the Marshall Islands and each of the four States of the Federated States of Micronesia: Provided, that in lieu of continuation of the program in the Federated States of Micronesia, the President may agree to transfer to the Government of the Federated States of Micronesia without cost, the portfolio of the Farmers Home Loan Administration applicable to the Federated States of Micronesia and provide such technical assistance in management of the portfolio as may be requested by the Federated States of Micronesia).

(2)

Palau

Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of the Compact, as provided in appropriation Acts or other Acts of Congress.

(3)

Section 219 determination

The determination by the Government of the United States under section 219 of the Compact shall be as provided in appropriation Acts.

(4)

Tort claims

(A)

At such time as the Trusteeship Agreement ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the Compact or this Act, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied. For purposes of this subparagraph (B),1 persons providing such service or carrying out such function pursuant to a contract with a federal agency shall be deemed to be an employee of the contracting federal agency.

(B)

For purposes of the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), persons providing services to the people of the atolls of Bikini, Enewetak, Rongelap, and Utrik as described in Public Law 95–134 and Public Law 96–205 pursuant to a contract with a Department or agency of the federal government shall be deemed to be an employee of the contracting Department or agency working in the United States. This subparagraph (B) shall expire when the Trusteeship Agreement is terminated with respect to the Marshall Islands.

(5)

Federal education grants

Pursuant to section 224 of the Compact or section 224 of the Compact with Palau (as contained in title II of Public Law 99–658), the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, and the College Work-Study Program (as authorized by title IV of the Higher Education Act of 1965 [20 U.S.C. 1070 et seq.]) shall be extended to students who are, or will be, citizens of the Federated States of Micronesia, or the Marshall Islands and who attend postsecondary institutions in the United States, its territories and commonwealths, the Trust Territory of the Pacific Islands, the Federated States of Micronesia, or the Marshall Islands, except that this paragraph shall not apply to any student receiving assistance pursuant to section 223 of the Compact or section 223 of the Compact with Palau (as contained in title II of Public Law 99–658).

(5)

 2 PCB cleanup

The programs and services of the Environmental Protection Agency regarding PCB’s shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to be made available to such islands.

(i)

College of Micronesia; education programs

(1)

College of Micronesia

Notwithstanding any other provision of law, all funds which as of , were appropriated for the use of the College of Micronesia System shall remain available for use by such college until expended. Until otherwise provided by Act of Congress, or until termination of the Compact, such college shall retain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions.

(2)

Federal education programs

Pursuant to section 224 of the Compact and upon the request of the affected Government, any Federal program providing financial assistance for education which, as of , was providing financial assistance for education to the Federated States of Micronesia or the Marshall Islands or to any institution, agency, organization, or permanent resident thereof, including the College of Micronesia System, shall continue to provide such assistance to such institutions, agencies, organizations, and residents as follows:

(A)

For the fiscal year in which the Compact becomes effective, not to exceed $13,000,000;

(B)

For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and

(C)

For the fiscal year immediately following the fiscal year described in subparagraph (B), not to exceed $4,300,000.

(3)

Authorization of appropriations

There are hereby authorized to be appropriated such sums as are necessary for purposes of this subsection.

(j)

Trust Territory debts to U.S. Federal agencies

Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection.

(k)

Use of DOD medical facilities

Following approval of the Compact, the Secretary of Defense shall make available the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Marshall Islands who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of Defense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and directed to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States.

(l)

Technical assistance

Technical assistance may be provided pursuant to section 226 of the Compact by Federal agencies and institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Soil Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under division A of subtitle III of title 54, shall be on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursuant to sections 1902(a), 1903(a), 1903(c), 1903(h), 1903(i), 1903(j), and 1903(l) of this title and subsections (c), (i), (j), (k), (l), (m), (n), and (o) shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Marshall Islands pursuant to the Compact or the subsidiary agreements.

(m)

Prior Service Benefits Program

Notwithstanding any other provision of law, persons who on , were eligible to receive payment under the Prior Service Benefits Program established within the Social Security System of the Trust Territory of the Pacific Islands because of their services performed for the United States Navy or the Government of the Trust Territory of the Pacific Islands prior to , shall continue to receive such payments on and after the effective date of the Compact.

(n)

Indefinite land use payments

There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to .

(o)

Communicable disease control program

There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera and Hansen’s Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program.

(p)

Trust funds

The responsibilities of the United States with regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Government of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands.

(q)

Omitted

(r)

User fees

Any person in the Federated States of Micronesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States.

Footnotes

  1. 1 So in original.
  2. 2 So in original. Probably should be “(6)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Compact of Free Association Act of 1985

    Pub. L. 99–239 title I § 105 · 99 Stat. 1770

    Enacted · 48 U.S.C. § 1905

    Pub. L. 99–239, title I, § 105, Jan. 14, 1986, 99 Stat. 1791

    Source evidence

    Code source credit
    Pub. L. 99–239, title I, § 105, Jan. 14, 1986, 99 Stat. 1791

    Enacted provision · exact public law section
    SEC. 105. SUPPLEMENTAL PROVISIONS. (a) Domestic Program Requirements.— Except as may otherwise be provided in this joint resolution, all United States Federal programs and services extended to or operated in the Federated States of Micronesia or the Marshall Islands are and shall remain subject to all applicable criteria, standards, reporting requirements, auditing procedures, and other rules and regulations applicable to such programs when operating in the United States (including its territories and commonwealths). (b) Relations With the Federated States of Micronesia and the Marshall Islands.— (1) The United States representatives to the Federated States of Micronesia and the Republic of the Marshall Islands pursuant to Article V of title I of the Compact shall be appointed by the President with the advice and consent of the Senate, and shall be under the supervision of the Secretary of State, who shall have responsibility for government to government relations between the United States and the Government with respect to whom they are appointed, consistent with the authority of the Secretary of the Interior as set forth in this section. (2) Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordinate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and Post, pp. 1807, 1822, 1825. the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies. (3) All programs and services provided to the Federated States of Micronesia and the Republic of the Marshall Islands by Federal agencies may be provided only after consultation with and under the supervision of the Secretary of the Interior, and the head of each Federal agency is directed to cooperate with the Secretary of the Interior and to make such personnel and services available as the Secretary of the Interior may request. (4) Any United States Government personnel assigned, on a temporary or permanent basis, to either the Federated States of Micronesia or the Marshall Islands shall, during the period of such assignment, be subject to the supervision of the United States representative to that area. (5) The President is hereby authorized to appoint an Interagency President of U.S. Group on Freely Associated States’ Affairs to provide policy guidance to federal departments and agencies. Such interagency group shall include the Secretary of the Interior and the Secretary of State. (c) Continuing Trust Territory Authorization.— The authorization provided by the Act of June 30, 1954, as amended (68 Stat. 330) shall remain available after the effective date of the Compact with respect to the Federated States of Micronesia and the Marshall Islands for the following purposes: (1) Prior to October 1, 1986, for any purpose authorized by the Compact or this joint resolution. (2) Transition purposes, including but not limited to, completion of projects and fulfillment of commitments or obligations; termination of the Trust Territory Government and termination of the High Court; health and education as a result of exceptional circumstances; ex gratia contributions for the populations of Bikini, Enewetak, Rongelap, and Utrik; and technical assistance and training in financial management, program administration, and maintenance of infrastructure. (d) Medical Referral Debts.— (1) Federated states of Micronesia.— In addition to the funds provided in Title Two, Article II, section 221(b) of the Post, p. 1816. Compact, following approval of the Compact with respect to the Federated States of Micronesia, the United States snail make available to the Government of the Federated States of Micronesia such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, including any territories and commonwealths, by citizens of the Federated States of Micronesia before September 1, 1985. (2) Marshall islands.— In addition to the funds provided in Title Two, Article II, section 221(b) of the Compact, following approval of the Compact with respect to the Marshall Islands, the United States shall make available to the Government of the Marshall Islands such sums as may be necessary for the payment of the obligations incurred for the use of medical facilities in the United States, its territories and commonwealths by citizens of the Marshall Islands before September 1, 1985. (3) Use of funds.— In making funds available pursuant to this subsection, the President shall take such actions as he deems necessary to assure that the funds are used only for the payment of the medical expenses described in paragraph (1) or (2) of this subsection, as the case may be. (4) Authorization of Appropriations.— There are hereby authorized to be appropriated such sums as may be necessary for the purposes of this subsection. (e) Survivability.— In furtherance of the provisions of Title Four, Post, p. 1830. Article V, sections 452 and 453 of the Compact, any provisions of the Compact which remain effective after the termination of the Compact by the act of any party thereto and which are affected in any manner by provisions of this title shall remain subject to such provisions. (f) Registration for Agents of Micronesian Governments.— (1) In general.— Notwithstanding the provisions of Title One, Post, p. 1807. Article V, section 153 of the Compact, after approval of the Compact any citizen of the United States who, without authority of the United States, acts as the agent of the Government of the Marshall Islands or the Federated States of Micronesia with regard to matters specified in the provisions of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) that apply with respect to an agent of a foreign principal shall be subject to the requirements of such Act. Failure to comply with such requirements shall subject such citizen to the same penalties and provisions of law as apply in the case of the failure of such an agent of a foreign principal to comply with such requirements. For purposes of the Foreign Agents Registration Act of 1938, the Federated States of Micronesia and the Marshall Islands shall be considered to be foreign countries. (2) Exception.— Paragraph (1) of this subsection shall not apply to a citizen of the United States employed by either the Government of the Marshall Islands or the Government of the Federated States of Micronesia with respect to whom the employing Government from time to time certifies to the Government of the United States that such citizen is an employee of the Government of the Marshall Islands or the Government of the Federated States of Micronesia (as the case may be) whose principal duties are other than those matters specified in the Foreign Agents Registration Act of 1938, as amended, that apply with respect to an agent of a foreign principal. The agency or officer of the United States receiving such certifications shall cause them to be filed with the Attorney General, who shall maintain a publicly available list of the persons so certified. (3) Resident Representative Exemption.— Nothing in this subsection shall be construed as amending Section 152(b) of the Compact. Post, p. 1806. (g) Noncompliance Sanctions.— (1) Authority of president.— The President of the United President of U.S. States shall have no authority to suspend or withhold payments or assistance with respect to— (A) section 177, 213, 216(a)(2), 216(a)(3), 221(b), or 223 of the Compact, or Post, pp. 1812, 1814–1817. (B) any agreements made pursuant to such sections of the Compact, unless such suspension or withholding is imposed as a sanction due to noncompliance by the Government of the Federated States of Micronesia or the Government of the Marshall Islands (as the case may be) with the obligations and requirements of such sections of the Compact or such agreements. (2) Actions incompatible with united states authority.— The Congress expresses its understanding that the Governments of the Federated States of Micronesia and the Marshall Islands will not act in a manner incompatible with the authority and responsibility of the United States for security and defense matters in or related to the Federated States of Micronesia or the Marshall Islands pursuant to the Compact, including the agreements referred to in sections 462(j) and 462(k) thereof. The Congress further expresses its intention that Post, p. 1833. any such act on the part of either such Government will be viewed by the United States as a material breach of the Compact. The Government of the United States reserves the right in the event of such a material breach of the Compact by the Government of the Federated States of Micronesia or the Government of the Marshall Islands to take action, including (but not limited to) the suspension in whole or in part of the obligations of the Government of the United States to that Government. (h) Continuing Programs and Laws.— (1) Federated states of Micronesia and marshall islands.— In addition to the programs and services set forth in Post, p. 1816. Post, p. 1817. section 221 of the Compact, and pursuant to section 224 of the Compact, the programs and services of the following agencies shall be made available to the Federated States of Micronesia and to the Marshall Islands: (A) the Legal Services Corporation; (B) the Public Health Service; and (C) the Farmers Home Administration (in the Marshall Islands and each of the four States of the Federated States of Micronesia: Provided, that in lieu of continuation of the program in the Federated States of Micronesia, the President may agree to transfer to the Government of the Federated States of Micronesia without cost, the portfolio of the Farmers Home Loan Administration applicable to the Federated States of Micronesia and provide such technical assistance in management of the portfolio as may be requested by the Federated States of Micronesia). (2) Palau.— Upon the effective date of the Compact, the laws of the United States generally applicable to the Trust Territory of the Pacific Islands shall continue to apply to the Republic of Palau and the Republic of Palau shall be eligible for such proportion of Federal assistance as it would otherwise have been eligible to receive under such laws prior to the effective date of the Compact, as provided in appropriation Acts or other Acts of Congress. (3) Section 219 determination.— The determination by the Government of the United States under section 219 of the Post, p. 1816. Compact shall be as provided in appropriation Acts. (4) Tort claims.— (A) At such time as the Trusteeship Agreement ceases to apply to either the Federated States of Micronesia or the Marshall Islands, the provisions of Section 178 of the Post, p. 1813. Compact regarding settlement and payment of tort claims shall apply to employees of any federal agency of the Government of the United States which provides any service or carries out any other function pursuant to or in furtherance of any provisions of the Compact or this Act, except for provisions of Title Three of the Compact and of the subsidiary agreements related to such Title, in such area to which such Agreement formerly applied. For purposes of this subparagraph (B), persons providing such service or carrying out such function pursuant to a contract with a federal agency shall be deemed to be an employee of the contracting federal agency. (B) For purposes of the Federal Tort Claims Act (28 U.S.C. 2671 et seq.), persons providing services to the people of the atolls of Bikini, Enewetak, Rongelap, and Utrik as described in 91 Stat. 1159; 94 Stat. 84. Public Law 95–134 and Public Law 96–205 pursuant to a contract with a Department or agency of the federal government shall be deemed to be an employee of the contracting Department or agency working in the United States. This subparagraph (B) shall expire when the Trusteeship Agreement is terminated with respect to the Marshall Islands. (i) College of Micronesia; Education Programs.— (1) College of Micronesia.— Notwithstanding any other provision of law, all funds which as of the date of the enactment of this joint resolution were appropriated for the use of the College of Micronesia System shall remain available for use by such college until expended. Until otherwise provided by Act of Congress, or until termination of the Compact, such college shall retain its status as a land-grant institution and its eligibility for all benefits and programs available to such land-grant institutions. (2) Federal education programs.— Pursuant to section 224 of the Compact and upon the request of the affected Government, Post, p. 1817. any Federal program providing financial assistance for education which, as of January 1, 1985, was providing financial assistance for education to the Federated States of Micronesia or the Marshall Islands or to any institution, agency, organization, or permanent resident thereof, including the College of Micronesia System, shall continue to provide such assistance to such institutions, agencies, organizations, and residents as follows: (A) For the fiscal year in which the Compact becomes effective, not to exceed $13,000,000; (B) For the fiscal year beginning after the end of the fiscal year in which the Compact becomes effective, not to exceed $8,700,000; and (C) For the fiscal year immediately following the fiscal year described in subparagraph (B), not to exceed $4,300,000. (3) Authorization of appropriations.— There are hereby authorized to be appropriated such sums as are necessary for purposes of this subsection. (j) Trust Territory Debts to U.S. Federal Agencies.— Neither the Government of the Federated States of Micronesia nor the Government of the Marshall Islands shall be required to pay to any department, agency, independent agency, office, or instrumentality of the United States any amounts owed to such department, agency, independent agency, office, or instrumentality by the Government of the Trust Territory of the Pacific Islands as of the effective date of the Compact. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this subsection. (k) Use of DOD Medical Facilities.— Following approval of the Health and medical care. Compact, the Secretary of Defense shall make available the medical facilities of the Department of Defense for use by citizens of the Federated States of Micronesia and the Marshall Islands who are properly referred to such facilities by government authorities responsible for provision of medical services in the Federated States of Micronesia and the Marshall Islands. The Secretary of Defense is hereby authorized to cooperate with such authorities in order to permit use of such medical facilities for persons properly referred by such authorities. The Secretary of Health and Human Services is hereby authorized and directed to continue to make the services of the National Health Service Corps available to the residents of the Federated States of Micronesia and the Marshall Islands to the same extent and for so long as such services are authorized to be provided to persons residing in any other areas within or outside the United States. (l) Technical Assistance.— Technical assistance may be provided pursuant to section 226 of the Compact by Federal agencies and Post, p. 1818. institutions of the Government of the United States to the extent such assistance may be provided to States, territories, or units of local government. Such assistance by the Forest Service, the Soil Conservation Service, the Fish and Wildlife Service, the National Marine Fisheries Service, the United States Coast Guard, and the Advisory Council on Historic Preservation, the Department of the Interior, and other agencies providing assistance under the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t), shall be Grants. on a nonreimbursable basis. During the period the Compact is in effect, the grant programs under the National Historic Preservation Act shall continue to apply to the Federated States of Micronesia and the Marshall Islands in the same manner and to the same extent as prior to the approval of the Compact. Funds provided pursuant to sections 102(a), 103(a), 103(c), 103(h), 103(i), 103(j), 103(1), 105(c), 105(i), 105(j), 105(k), 105(1), 105(m), 105(n), and 105(o) of this Ante, pp. 1775, 1778, 1791. joint resolution shall be in addition to and not charged against any amounts to be paid to either the Federated States of Micronesia or the Marshall Islands pursuant to the Compact or the subsidiary agreements. (m) Prior Service Benefits Program.— Notwithstanding any other provision of law, persons who on January 1, 1985, were eligible to receive payment under the Prior Service Benefits Program established within the Social Security System of the Trust Territory of the Pacific Islands because of their services performed for the United States Navy or the Government of the Trust Territory of the Pacific Islands prior to July 1, 1968, shall continue to receive such payments on and after the effective date of the Compact. (n) Indefinite Land Use Payments.— There are authorized to be appropriated such sums as may be necessary to complete repayment by the United States of any debts owed for the use of various lands in the Federated States of Micronesia and the Marshall Islands prior to January 1, 1985. (o) Communicable Disease Control Program.— There are authorized to be appropriated for grants to the Government of the Federated States of Micronesia such sums as may be necessary for purposes of establishing or continuing programs for the control and prevention of communicable diseases, including (but not limited to) cholera and Hansen’s Disease. The Secretary of the Interior shall assist the Government of the Federated States of Micronesia in designing and implementing such a program. (p) Trust Funds.— The responsibilities of the United States with Post, p. 1819. regard to implementation of section 235 of the Compact shall be discharged by the Secretary of the Interior, who shall consult with the Government of the Marshall Islands and the designated beneficiaries of the funds held in trust by the High Commissioner of the Trust Territory of the Pacific Islands. (q) Annual Reports on Determinations Under Compact Section 313.— The President shall report annually to the Congress on determinations made by the United States in the exercise of its Post, p. 1822. authority under section 313 of the Compact. Each such report shall describe the following, on a classified basis if necessary: (1) The actions that the Government of the Federated States of Micronesia or the Government of the Marshall Islands were required to refrain from pursuant to the determinations of the United States. (2) The justification for each determination by the United States, and the position of the other Government concerned with respect to such determination. (3) The effect of the determination on the authority and responsibility of the other government to conduct foreign affairs in accordance with section 121 of the Compact. Post. p. 1801. (4) Any domestic effect in the Federated States of Micronesia or the Marshall Islands resulting from the determination, including any restriction on the civil and political rights of the citizens thereof. (r) User Fees.— Any person in the Federated States of Micronesia or the Marshall Islands shall be liable for user fees, if any, for services provided in the Federated States of Micronesia or the Marshall Islands by the Government of the United States to the same extent as any person in the United States would be liable for fees, if any, for such services in the United States.

  2. Pub. L. 99–396 § 20(a) · 100 Stat. 837

    Amended · 48 U.S.C. § 1905(b)(2)

    Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordinate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordinate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies.”

    Enacted provision · exact public law section
    (a) Section 105(b)(2) of Public Law 99–239 is amended to 99 Stat. 1037;ante, p. 773. 48 USC 1681 note. Micronesia Marshall Islands. read as follows: “(2) Except for programs or services provided by or through other federal agencies or officials to the Federated States of Micronesia or the Republic of the Marshall Islands, or for which residents thereof are eligible pursuant to the Compact or any other provision of this joint resolution, appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior. The Secretary of the Interior shall coordinate and monitor any programs or activities, including such activities for which funding is made directly to such other agencies, provided to the Federated States of Micronesia or the Republic of the Marshall Islands by agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an 99 Stat. 1807, 1822, 1825. effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies, except that the Secretary of the Interior shall be able to reimburse Departments or agencies for purposes authorized by this joint resolution.”.

  3. Pub. L. 99–658 title I § 104(c) · 100 Stat. 3672

    Substituted · 48 U.S.C. § 1905(c)(2)

    Pub. L. 99–658 substituted “infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:” and subpars. (1) to (3) for “infrastructure.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 99–658 substituted “infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:” and subpars. (1) to (3) for “infrastructure.”

    Enacted provision · exact public law section
    (c) 48 USC 1681 note. Authorization for Transition Purposes.— Section 105(c)(2) of Public Law 99–239 is amended by deleting “infrastructure.” and inserting in lieu thereof “infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts: “(1) For fiscal year 1987, an amount not to exceed 75 per centum of the total amount appropriated for such programs for fiscal year 1986; “(2) For fiscal year 1988, an amount not to exceed 50 per centum of the total amount appropriated for such programs for fiscal year 1986; “(3) For fiscal year 1989, an amount not to exceed 25 per centum of the total amount appropriated for such programs for fiscal year 1986.”.

  4. Pub. L. 100–369 § 9 · 102 Stat. 835

    Added · 48 U.S.C. § 1905(h)(5)

    Pub. L. 100–369 added par. (5) relating to Federal education grants

    Source evidence

    Code amendment note
    Subsec. (h)(5). Pub. L. 100–369 added par. (5) relating to Federal education grants.

    Enacted provision · exact public law section
    SEC. 9. MICRONESIA PROVISION. Section 105(h) of the Compact of Free Association Act of 1985 (99 Stat. 1794) is amended by adding at the end thereof the following 48 USC 1681 note. new paragraph: “(5) Federal education grants.— Pursuant to section 224 of the Compact or section 224 of Territories, U.S. the Compact with Palau (as contained in title II of Public Law 99–658), the Pell Grant Program, the Supplemental Educational Opportunity Grant Program, and the College Work-Study Program (as authorized by title IV of the Higher Education Act of 1965) shall be extended to students who are, or will be, citizens of the Federated States of Micronesia, or the Marshall Islands and who attend postsecondary institutions in the United States, its territories and commonwealths, the Trust Territory of the Pacific Islands, the Federated States of Micronesia, or the Marshall Islands, except that this paragraph shall not apply to any student receiving assistance pursuant to section 223 of the Compact or section 223 of the Compact with Palau (as contained in title II of Public Law 99–658).”.

  5. Energy Policy Act of 1992

    Pub. L. 102–486 title XXVII § 2704 · 106 Stat. 2776

    Added · 48 U.S.C. § 1905(h)(5)

    Pub. L. 102–486 added par. (5) relating to PCB cleanup

    Source evidence

    Code amendment note
    Subsec. (h)(5). Pub. L. 102–486 added par. (5) relating to PCB cleanup.

    Enacted provision · exact public law section
    SEC. 2704. PCB CLEANUP IN MARSHALL ISLANDS AND FEDERATED STATES OF MICRONESIA. 48 USC 1681 note. Section 105(h) of Public Law 99–239 is amended by adding at the end the following new paragraph: “(5) The programs and services of the Environmental Protection Agency regarding PCB’s shall, to the extent applicable, as appropriate, and in accordance with applicable law, be construed to e made available to such islands.”.

  6. Pub. L. 113–287 § 5 · 128 Stat. 3094

    Substituted · 48 U.S.C. § 1905(l)

    Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)”

    Source evidence

    Code amendment note
    Subsec. (l). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)”.

    Enacted provision · exact public law section
    SEC. 5. CONFORMING CROSS-REFERENCES. (a) Title 7, United States Code.— Section 32(e) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(e)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code”. (b) Title 10, United States Code.— Section 2684(c)(1) of title 10, United States Code, is amended by striking “section 101(a) of the National Historic Preservation Act (16 U.S.C. 470a(a))” and substituting “section 2023.01 of title 54”. (c) Title 15, United States Code.— Section 1072(a)(3)(D) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720(a)(3)(D)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “chapter 2003 of title 54, United States Code”. (d) Title 16, United States Code.— (1) Section 6 of Public Law 89–72 (16 U.S.C. 460l–17) is amended— (A) in subsection (a), by striking “subsection 5(d) of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “section 200305(d) of title 54, United States Code”; and (B) in subsection (g), by striking “Subsection 6(a)(2) of the Land and Water Development Fund Act of 1965 (78 Stat. 897)” and substituting “section 200306(a)(3) of title 54, United States Code,”. (2) Section 8 of Public Law 90–540 (16 U.S.C. 460v–7) is amended by striking “section 6 of the Act of September 3, 1964 (78 Stat. 897, 903)” and substituting “section 200306 of title 54, United States Code”. (3) Section 7(c) of the Springs Mountain National Recreation Area Act (16 U.S.C. 460hhh–5(c)) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (4) Section 5(b) of Public Law 103–64 (16 U.S.C. 460iii–4(b)) is amended by striking “section 7(a) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l–9(a))” and substituting “section 200306(a) of title 54, United States Code”. (5) Section 702(a) of the Steens Mountain Cooperative Management and Protection Act of 2000 (16 U.S.C. 460nnn–122(a)) is amended by striking “section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5)” and substituting “section 200302 of title 54, United States Code,”. (6) Section 4 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470cc) is amended— (A) in subsection (h)— (i) in paragraph (1), by striking “the Act of June 8, 1906 (16 U.S.C. 431–433)” and substituting “chapter 3203 of title 54, United States Code”; and (ii) in paragraph (2), by striking “the Act of June 8, 1906” each place it appears and substituting “chapter 3203 of title 54, United States Code”; and (B) in subsection (i), by striking “section 106 of the Act of October 15, 1966 (80 Stat. 917, 16 U.S.C. 470f)” and substituting “section 306108 of title 54, United States Code”. (7) Section 5 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470dd) is amended by striking “the Act of June 27, 1960 (16 U.S.C. 469–469c) or the Act of June 8, 1906 (16 U.S.C. 431–433)” and substituting “chapter 3125 or chapter 3203 of title 54, United States Code”. (8) Section 9(a)(2) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470hh(a)(2)) is amended by striking “the Act of June 27, 1960 (16 U.S.C. 469–469c)” and substituting “chapter 3125 of title 54, United States Code”. (9) Section 6311(1) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 470aaa–10(1)) is amended by striking “Public Law 94–429 (commonly known as the ‘Mining in the Parks Act’ (16 U.S.C. 1901 et seq.)” and substituting “subchapter 3 of chapter 1007 of title 54, United States Code”. (10) Section 502(h)(1)(B) of the National Parks and Recreation Act of 1998 (16 U.S.C. 471i(h)(1)(B)) is amended by striking “the Land and Water Conservation Fund Act” and substituting “chapter 2003 of title 54, United States Code”. (11) Section 339(f)(4)(H) of the Department of the Interior and Related Agencies Appropriations Act, 2000 (Public Law 106–113, div. B, § 1000(a)(3), title III, 16 U.S.C. 528 note), is amended by striking “Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a)” and substituting “Section 100904 of title 54, United States Code”. (12) Section 6(d) of the Alaska Land Status Technical Corrections Act of 1992 (Public Law 102–415, 16 U.S.C. 539 note) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (13) Section 2(b) of the Greer Spring Acquisition and Protection Act of 1991 (Public Law 102–220, 16 U.S.C. 539h note) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (14) Section 606 of the Interstate 90 Land Exchange Act of 1998 (Public Law 105–277, div. A, § 101(e), title VI, 16 U.S.C. 539k note) is amended— (A) in subsection (a)(3), by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code,”; (B) in subsection (b)(2), by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code”; and (C) in subsection (g)(1), by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code,”. (15) Section 6 of Public Law 93–535 (16 U.S.C. 541e) is amended by striking “clause 7(a)(1) of the Act of September 3, 1964 (78 Stat. 903), as amended” and substituting “section 200306(a)(2) of title 54, United States Code”. (16) Section 14(e)(3)(D)(iii) of the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544l(e)(3)(D)(iii)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code,”. (17) Section 16(a)(1) of the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544n(a)(1) is amended by striking “the Land and Water Conservation Fund (16 U.S.C. 460l–4 and following)” and substituting “chapter 2003 of title 54, United States Code,”. (18) Section 3(b) of the Saint Helena Island National Scenic Area Act (16 U.S.C. 546a(b)) is amended by striking “section 8 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (19) Section 6(a) of the Act of June 22, 1948 (known as the Thye-Blatnik Act) (16 U.S.C. 577h(a)) is amended by striking “the Land and Water Conservation Fund Act (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (20) Section 104(f) of the Valles Caldera Preservation Act (16 U.S.C. 688v–2(f)) is amended by striking “section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9)” and substituting “section 100506 of title 54, United States Code”. (21) Section 4(a)(3) of the Wilderness Act (16 U.S.C. 1133(a)(3)) is amended— (A) by striking “the Act of August 25, 1916” and substituting “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”; and (B) by striking “the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 432 et seq); section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.)” and substituting “section 3(2) of the Federal Power Act (16 U.S.C. 796(2)); and chapters 3201 and 3203 of title 54, United States Code”. (22) Section 5 of Public Law 90–454 (16 U.S.C. 1225) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code”. (23) Section 7(h)(1) of the National Trails System Act (16 U.S.C. 1246(h)(1) is amended by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code,”. (24) Section 8(a) of the National Trails System Act (16 U.S.C. 1247(a)) is amended— (A) by striking “the Land and Water Conservation Fund Act” and substituting “chapter 2003 of title 54, United States Code”; (B) by striking “the Act of October 15, 1966 (80 Stat. 915), as amended” and substituting “division A of subtitle III of title 54, United States Code”; and (C) by striking “the Act of May 28, 1963 (77 Stat. 49” and substituting “chapter 2003 of title 54, United States Code”. (25) Section 9(e)(3) of the National Trails System Act (16 U.S.C. 1248 (e)(3)) is amended by striking “section 2 of the Land and Water Conservation Fund Act of 1965” and substituting “section 200302 of title 54, United States Code”. (26) Section 10(a)(1) of the National Trails System Act (16 U.S.C. 1249(a)(1)) is amended by striking “the Land and Water Conservation Fund Act (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (27) Section 11(a)(2) of the National Trails System Act (16 U.S.C. 1250(a)(2)) is amended— (A) by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code”; and (B) by striking “section 6 of the Land and Water Conservation Fund Act of 1965” and substituting “200305 of title 54, United States Code”. (28) Section 12(4) of the National Trails System Act (16 U.S.C. 1251(4)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code,”. (29) Section 2(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1273(a)) is amended by striking “the Land and Water Conservation Act of 1965” and substituting “chapter 2003 of title 54, United States Code,”. (30) Section 7(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(d)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (31) Section 11 of the Wild and Scenic Rivers Act (16 U.S.C. 1282) is amended— (A) in subsection (a), by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897” and substituting “chapter 2003 of title 54, United States Code”; and (B) in subsection (b)(2)— (i) in subparagraph (A), by striking “the Volunteers in the Parks Act of 1969” and substituting “section 102301 of title 54, United States Code,”; and (ii) in subparagraph (B), by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (32) Section 5(b) of the Endangered Species Act of 1973 (16 U.S.C. 1534(b) is amended by striking “the Land and Water Conservation Fund Act of 1965, as amended” and substituting “chapter 2003 of title 54, United States Code”. (33) Section 815(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3125(4)” is amended— (A) by striking “the National Park Service Organic Act (39 Stat. 535, 16 U.S.C. 1, 2, 3, 4)” and substituting “section 100101(b)(1), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”; and (B) by adding “or such title” after “such Acts”. (34) Section 6(a)(6)(C) of the Coastal Barrier Act of 1968 (16 U.S.C. 3505(a)(6)(C)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code,”. (35) Section 11 of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3710) is amended by striking “Public Law 90–209 (16 U.S.C. 19e et seq.)” and substituting “subchapter II of chapter 1011 of title 54, United States Code”. (36) Section 805(f)(1) of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6804(f)(1)) is amended— (A) by striking “(16 U.S.C. 460l–6a)”; and (B) by striking “; 16 U.S.C. 5991–5995”. (37) Section 813 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6812) is amended— (A) in subsection (A), by striking “(16 U.S.C. 460l–6a et seq.)”; (B) in subsection (b), by striking “; 16 U.S.C. 460l–6a”; (C) in subsection (c)— (i) in paragraph (1), by striking “; 16 U.S.C. 5982”; and (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and (D) in subsection (e)— (i) in paragraph (1), by striking “(16 U.S.C. 460l–6a(i)(1))”; (ii) in paragraph (2), by striking “; 16 U.S.C. 5991–5995”; and (iii) in paragraph (3), by striking “; 16 U.S.C. 460l–6a”. (e) Title 20, United States Code.— (1) Section 2 of the Act of August 15, 1949 (20 U.S.C. 78a) is amended by striking “the Act of June 8, 1906 (16 U.S.C. 432, 433)” and substituting “section 1866(b) of title 18, United States Code, and sections 320302 and 320303 of title 54, United States Code”. (2) Section 1517(a)(3) of the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act (20 U.S.C. 4424(a)(3)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (3) Section 7202(13)(E) of the Native Hawaiian Education Act (20 U.S.C. 7512(13)(D)) is amended by striking “ the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (f) Title 23, United States Code.— (1) Section 103(c)(5) of title 23, United States Code, is amended— (A) in subparagraph (B)(i), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”; and (B) in subparagraph (C), by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”. (2) Section 138(b)(2)(A) of title 23, United States Code, is amended by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54”. (3) Section 206 of title 23, United States Code, is amended— (A) in subsection (d)(1)(B), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”; (B) in subsection (d)(2)(D)(ii), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”; and (C) in subsection (h)(3), by striking “section 6(f)(3) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3))” and substituting “section 200305(f)(3) of title 54”. (g) Title 25, United States Code.— Section 509(a) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 458aaa–8(a)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (h) Title 26, United States Code.— Section 9503(c)(3)(A)(i) of the Internal Revenue Code of 1986 (26 U.S.C. 9503(c)(3)(A)(i)) is amended by striking “title I of the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54”. (i) Title 36, United States Code.— Section 153513(a)(1) of title 36, United States Code, is amended by striking “the Act of August 25, 1916 (16 U.S.C. 1 et seq.) (known as the National Park Service Organic Act)” and substituting “section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code”. (j) Title 40, United States Code.— (1) Section 549(c)(3)(B)(ix) of title 40, United States Code, is amended— (A) by striking “section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2))” and substituting “section 305101(4) of title 54”; and (B) by striking “subsection (b) of that section” and substituting “section 305103 of title 54”. (2) Section 550(h)(1)(B) of title 40, United States Code, is amended by striking “section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act)” and substituting “section 102303 of title 54”. (3) Section 1303(c) of title 40, United States Code, is amended by striking “the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act)” and substituting “chapter 3201 of title 54”. (4) Section 1314(a)(2)(A)(ii) of title 40, United States Code, is amended by striking “the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act)” and substituting “section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54”. (5) Section 3303(c) of title 40, United States Code, is amended by striking “title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)” and substituting “section 304101 of title 54”. (6) Section 3306(a)(4) of title 40, United States Code, is amended by striking “section 101 of the National Historic Preservation Act (16 U.S.C. 470a)” and substituting “chapter 3021 of title 54”. (7) Section 14507(a)(1)(A)(ii) of title 40, United States Code, is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54”. (k) Title 42, United States Code.— (1) Section 303(2) of the Water Resources Planning Act (42 U.S.C. 1962c–2(2)) is amended by striking “the Land and Water Conservation Fund Act of 1965” and substituting “chapter 2003 of title 54, United States Code”. (2) Section 208(2) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3338(2)) is amended by striking “section 5(e) of the Land And Water Conservation Fund Act of 1965” and substituting “section 200305(e) of title 54, United States Code”. (3) Section 5(c) of the Department of Housing and Urban Development Act (42 U.S.C. 3534(c)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat. 897)” and substituting “chapter 2003 of title 54, United States Code,”. (4) Section 121 of the Housing and Community Development Act of 1974 (42 U.S.C. 5320) is amended— (A) by amending subsection (a) to read as follows: “(a) With respect to applications for assistance under section 5318 of this title, the Secretary of the Interior, after consulting with the Secretary, shall prescribe and implement regulations concerning projects funded under section 5318 of this title and their relationship with division A of subtitle III and chapter 3125 of title 54, United States Code.” ; and (B) in subsection (c), by striking “section 106 of the Act referred to in subsection (a)(1)” and substituting “section 306108 of title 54, United States Code,”. (5) Section 504(c)(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12204(c)(2)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (6) Section 999H(c)(2) of the Energy Policy Act of 2005 Energy Research, Development, Demonstration, and Commercial Application Act of 2005 (42 U.S.C. 16378(c)(2)) is amended— (A) in subparagraph (B), by striking “section 2(c) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–5(c))” and substituting “section 200302(c) of title 54, United States Code”; and (B) in subparagraph (C), by striking “section 108 of the National Historic Preservation Act (16 U.S.C. 470h)” and substituting “chapter 3031 of title 54, United States Code”. (l) Title 43, United States Code.— (1) The second paragraph under the heading “administrative provisions” under the heading “Bureau of Reclamation” (43 U.S.C. 377b) is amended by striking “the Acts of August 21, 1935 (16 U.S.C. 461–467) and June 27 1960 (16 U.S.C. 469)” and substituting “chapters 3125 and 3201 of title 54, United States Code”. (2) Section 105 of the Gulf of Mexico Energy Security Act of 2006 (Public Law 109–432, div. C, title I, 43 U.S.C. 1331 note) is amended— (A) in subsection (a)(2)(B)— (i) by striking “section 6 of the Land And Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8)” and substituting “section 200305 of title 54, United States Code”; and (ii) by striking “section 2 of that Act (16 U.S.C. 460l–5)” and substituting “section 200302 of that title”; and (B) in subsection (e)(3)(B), by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54, United States Code”. (3) Section 1401(b) of the Omnibus Budget Reconciliation Act of 1981 (43 U.S.C. 1457a(b)) is amended— (A) by striking “the Land and Water Conservation Fund Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)” and substituting “chapter 2003 of title 54, United States Code”; (B) by striking “the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470)” and substituting “division A of subtitle III of title 54, United States Code”; and (C) by striking “the Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)” and substituting “chapter 2005 of title 54, United States Code”. (4) The paragraph under the heading “natural resource damage assessment and restoration fund” under the heading “United States Fish and Wildlife Service” in Public Law 103–138 (43 U.S.C. 1474b–1) is omitted by striking “the Act of July 27, 1990 (Public Law 101–337)” and substituting “subchapter II of chapter 1007 of title 54, United States Code,”. (5) Section 7(e)(3) of the Colorado River Floodway Protection Act (43 U.S.C. 1600e(e)(3)) is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 through 11)” and substituting “chapter 2003 of title 54, United States Code”. (6) Section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)) is amended by striking “the Act of September 3, 1964 (78 Stat. 897), as amended” and substituting “chapter 2003 of title 54, United States Code”. (7) Section 204(j) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(j)) is amended by striking “the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431–433)” and substituting “chapter 3203 of title 54, United States Code”. (8) Section 201(d)(3)(E) of the Consolidated Natural Resources Act of 2008 (43 U.S.C. 1786(d)(3)(E)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code,”. (9) Section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) is amended— (A) in subsection (e), by striking “the Land and Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.)” and substituting “chapter 2003 of title 54, United States Code”; and (B) in subsection (f)(2), by striking “section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)” and substituting “section 200303 of title 54, United States Code”. (m) Title 45, United States Code.— (1) Section 1168(a) of the Omnibus Budget Reconciliation Act of 1981 (45 U.S.C. 1111(a)) is amended by striking “the National Historic Preservation Act” and substituting “division A of subtitle III of title 54, United States Code”. (2) Section 613(a) of the Alaska Railroad Transfer Act of 1982 (45 U.S.C. 1212(a)) is amended by striking “the National Historic Preservation Act (16 U.S.C. 470 et seq.)” and substituting “division A of subtitle III of title 54, United States Code”. (n) Title 46, United States Code.— Section 13102(b)(2) of title 46, United States Code, is amended by striking “the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4—460–11)” and substituting “chapter 2003 of title 54, United States Code,”. (o) Title 48, United States Code.— (1) Section 105(l) of Public Law 99–239 (known as the Compact of Free Association Amendments Act of 2003) (48 U.S.C. 1905(l)) is amended by striking “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)” and substituting “division A of subtitle III of title 54, United States Code”. (2) Section 105(j) of Public Law 108–188 (known as the Compact of Free Association Act of 1985) (48 U.S.C. 1921(d)) is amended by striking “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)” and substituting “division A of subtitle III of title 54, United States Code”. (p) Title 49, United States Code.— Section 303(d)(2) of title 49, United States Code, is amended by striking “section 106 of the National Historic Preservation Act (16 U.S.C. 470f)” and substituting “section 306108 of title 54, United States Code”.

6 of 6 references resolved to an enrolled provision

Editorial Notes

References in Text

This joint resolution and this Act, referred to in subsecs. (a), (b)(2), (c)(1), and (h)(4), is Pub. L. 99–239, , 99 Stat. 1770, known as the Compact of Free Association Act of 1985, which is classified principally to this part 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.

The Compact, referred to in text, is the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands 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.

For , as the effective date of the Compact of Free Association with the Marshall Islands, and , as the effective date of the Compact of Free Association with the Federated States of Micronesia, referred to in subsecs. (b)(2), (c), (h)(2), (j), and (m), see Proc. No. 5564, , 51 F.R. 40399, set out as a note under section 1801 of this title.

Act of , referred to in subsec. (c), is act June 30, 1954, ch. 423, 68 Stat. 330, which enacted sections 1681 and 1681b of this title and provisions set out as notes under section 1681 of this title. For complete classification of this Act to the Code, see Tables.

The Foreign Agents Registration Act of 1938, referred to in subsec. (f)(1), (2), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§ 611 et seq.) of chapter 11 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 611 of Title 22 and Tables.

The Federal Tort Claims Act, referred to in subsec. (h)(4)(B), is title IV of act Aug. 2, 1946, ch. 753, 60 Stat. 842, which was classified principally to chapter 20 (§§ 921, 922, 931–934, 941–946) of former Title 28, Judicial Code and Judiciary. Title IV of act , was substantially repealed and reenacted as sections 1346(b) and 2671 et seq. of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 992, the first section of which enacted Title 28. The Federal Tort Claims Act is also commonly used to refer to chapter 171 of Title 28, Judiciary and Judicial Procedure. For complete classification of title IV to the Code, see Tables. For distribution of former sections of Title 28 into the revised Title 28, see Table at the beginning of Title 28.

Public Law 95–134, referred to in subsec. (h)(4)(B), is Pub. L. 95–134, , 91 Stat. 1159, popularly known as the Omnibus Territories Act of 1977. For complete classification of this Act to the Code, see Tables.

Public Law 96–205, referred to in subsec. (h)(4)(B), is Pub. L. 96–205, , 94 Stat. 84. For complete classification of this Act to the Code, see Tables.

The Compact with Palau, referred to in subsec. (h)(5), is the Compact of Free Association with Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of this title.

Public Law 99–658, referred to in subsec. (h)(5), is Pub. L. 99–658, , 100 Stat. 3672. Title II of Pub. L. 99–658 enacted section 1934 of this title and provisions set out as a note under section 1931 of this title. For complete classification of this Act to the Code, see Tables.

The Higher Education Act of 1965, referred to in subsec. (h)(5), is Pub. L. 89–329, , 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables.

Codification

Subsec. (q) of this section, which required the President to report annually to Congress on determinations made by the United States in the exercise of its authority under section 313 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, terminated, effective , pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, 14th item on page 37 of House Document No. 103–7.

Section was formerly set out as a note under section 1681 of this title.

Amendments1986–2014 · 4 rounds

2014

Subsec. (l). Pub. L. 113–287 substituted “division A of subtitle III of title 54” for “the National Historic Preservation Act (80 Stat. 915; 16 U.S.C. 470–470t)”.

1992

Subsec. (h)(5). Pub. L. 102–486 added par. (5) relating to PCB cleanup.

1988

Subsec. (h)(5). Pub. L. 100–369 added par. (5) relating to Federal education grants.

1986

Subsec. (b)(2). Pub. L. 99–396 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Appropriations made pursuant to the Compact or any other provision of this joint resolution may be made only to the Secretary of the Interior, who shall coordinate and monitor any program or activity provided to the Federated States of Micronesia or the Republic of the Marshall Islands by departments and agencies of the Government of the United States and related economic development planning pursuant to the Compact or pursuant to any other authorization except for the provisions of sections 161(e), 313, and 351 of the Compact and the authorization of the President to agree to an effective date pursuant to this resolution. Funds appropriated to the Secretary of the Interior pursuant to this paragraph shall not be allocated to other Departments or agencies.”

Subsec. (c)(2). Pub. L. 99–658 substituted “infrastructure, except that, for purposes of an orderly reduction of United States programs and services in the Federated States of Micronesia, the Marshall Islands, and Palau, United States programs or services not specifically authorized by the Compact of Free Association or by other provisions of law may continue but, unless reimbursed by the respective freely associated state, not in excess of the following amounts:” and subpars. (1) to (3) for “infrastructure.”

Statutory Notes and Related Subsidiaries

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Federated States of Micronesia and Marshall Islands; Programs and Services Provided on Nonreimbursable Basis

Pub. L. 99–396, § 20(b), , 100 Stat. 844, provided that: “The programs and services specified in section 105(h)(1), sections [sic] 105(i)(1) and (2), section 111(a) [48 U.S.C. 1905(h)(1), (i)(1), (2), 1911(a)], the services of the National Health Service Corps pursuant to section 105(k), and the Technical Assistance and National Historic Preservation Act [probably means the National Historic Preservation Act, see 54 U.S.C. 300101 et seq.] grants pursuant to section 105(l), of Public Law 99–239 shall be provided on a nonreimbursable basis.”

Executive Documents

Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.

Credits

1986–2014 · 6 acts
  1. 1986Pub. L. 99–239, title I, § 105, , 99 Stat. 1791
  2. 1986Pub. L. 99–396, § 20(a), , 100 Stat. 844
  3. 1986Pub. L. 99–658, title I, § 104(c), , 100 Stat. 3676
  4. 1988Pub. L. 100–369, § 9, , 102 Stat. 837
  5. 1992Pub. L. 102–486, title XXVII, § 2704, , 106 Stat. 3120
  6. 2014Pub. L. 113–287, § 5(o)(1), , 128 Stat. 3272.
Show as published

(Pub. L. 99–239, title I, § 105, , 99 Stat. 1791; Pub. L. 99–396, § 20(a), , 100 Stat. 844; Pub. L. 99–658, title I, § 104(c), , 100 Stat. 3676; Pub. L. 100–369, § 9, , 102 Stat. 837; Pub. L. 102–486, title XXVII, § 2704, , 106 Stat. 3120; Pub. L. 113–287, § 5(o)(1), , 128 Stat. 3272.)

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