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48 USC CHAPTER 3 - HAWAII 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

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CHAPTER 3 - HAWAII

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Sec.

491 to 636. Repealed or Omitted.

DISTRICT COURT

641 to 644. Repealed.

644a. Jurisdiction of district court of cases arising on or

within Midway, Wake, Johnston, Sand, etc., Islands;

laws applicable to jury trials.

645 to 724. Repealed or Omitted.

ADMISSION AS STATE

Hawaii was admitted into the Union on August 21, 1959, on

issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat.

c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18,

1959, 73 Stat. 4, set out below.

HAWAII STATEHOOD

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, as amended, provided:

"[Sec. 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 7(c) of this

Act, the State of Hawaii 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 Hawaii entitled 'An Act to provide

for a constitutional convention, the adoption of a State

constitution, and the forwarding of the same to the Congress of the

United States, and appropriating money therefor', approved May 20,

1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote

of the people of Hawaii in the election held on November 7, 1950,

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.

"Sec. 2. [Territory.] The State of Hawaii shall consist of all

the islands, together with their appurtenant reefs and territorial

waters, included in the Territory of Hawaii on the date of

enactment of this Act [March 18, 1959], except the atoll known as

Palmyra Island, together with its appurtenant reefs and territorial

waters, but said State shall not be deemed to include the Midway

Islands, Johnston Island, Sand Island (offshore from Johnston

Island), or Kingman Reef, together with their appurtenant reefs and

territorial waters.

"Sec. 3. [Constitution.] The constitution of the State of Hawaii

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.

"Sec. 4. [Compact with United States.] As a compact with the

United States relating to the management and disposition of the

Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as

amended, shall be adopted as a provision of the Constitution of

said State, as provided in section 7, subsection (b) of this Act,

subject to amendment or repeal only with the consent of the United

States, and in no other manner: Provided, That (1) sections 202,

213, 219, 220, 222, 224, and 225 and other provisions relating to

administration, and paragraph (2) of section 204, sections 206 and

212, and other provisions relating to the powers and duties of

officers other than those charged with the administration of said

Act, may be amended in the constitution, or in the manner required

for State legislation, but the Hawaiian homeloan fund, the Hawaiian

home-operating fund, and the Hawaiian home-development fund shall

not be reduced or impaired by any such amendment, whether made in

the constitution or in the manner required for State legislation,

and the encumbrances authorized to be placed on Hawaiian home lands

by officers other than those charged with the administration of

said Act, shall not be increased, except with the consent of the

United States; (2) that any amendment to increase the benefits to

lessees of Hawaiian home lands may be made in the constitution, or

in the manner required for State legislation, but the

qualifications of lessees shall not be changed except with the

consent of the United States; and (3) that all proceeds and income

from the 'available lands', as defined by said Act, shall be used

only in carrying out the provisions of said Act.

"Sec. 5. [Title to property; land grants; reservation of lands;

public school support; submerged lands.] (a) Except as provided in

subsection (c) of this section, the State of Hawaii and its

political subdivisions, as the case may be, shall succeed to the

title of the Territory of Hawaii and its subdivisions in those

lands and other properties in which the Territory and its

subdivisions now hold title.

"(b) Except as provided in subsection (c) and (d) of this

section, the United States grants to the State of Hawaii, effective

upon its admission into the Union, the United States' title to all

the public lands and other public property, and to all lands

defined as "available lands" by section 203 of the Hawaiian Homes

Commission Act, 1920, as amended, within the boundaries of the

State of Hawaii, title to which is held by the United States

immediately prior to its admission into the Union. The grant hereby

made shall be in lieu of any and all grants provided for new States

by provisions of law other than this Act, and such grants shall not

extend to the State of Hawaii.

"(c) Any lands and other properties that, on the date Hawaii is

admitted into the Union, are set aside pursuant to law for the use

of the United States under any (1) Act of Congress, (2) Executive

order, (3) proclamation of the President, or (4) proclamation of

the Governor of Hawaii shall remain the property of the United

States subject only to the limitations, if any, imposed under (1),

(2), (3), or (4), as the case may be.

"(d) Any public lands or other public property that is conveyed

to the State of Hawaii by subsection (b) of this section but that,

immediately prior to the admission of said State into the Union, is

controlled by the United States pursuant to permit, license, of

permission, written or verbal, from the Territory of Hawaii or any

department thereof may, at any time during the five years following

the admission of Hawaii into the Union, be set aside by Act of

Congress or by Executive order of the President, made pursuant to

law, for the use of the United States, and the lands or property so

set aside shall, subject only to valid rights then existing, be the

property of the United States.

"(e) Within five years from the date Hawaii is admitted into the

Union, each Federal agency having control over any land or property

that is retained by the United States pursuant to subsections (c)

and (d) of this section shall report to the President the facts

regarding its continued need for such land or property, and if the

President determines that the land or property is no longer needed

by the United States it shall be conveyed to the State of Hawaii.

"(f) The lands granted to the State of Hawaii by subsection (b)

of this section and public lands retained by the United States

under subsections (c) and (d) and later conveyed to the State under

subsection (e), together with the proceeds from the sale or other

disposition of any such lands and the income therefrom, shall be

held by said State as a public trust for the support of the public

schools and other public educational institutions, for the

betterment of the conditions of native Hawaiians, as defined in the

Hawaiian Homes Commission Act, 1920, as amended, for the

development of farm and home ownership on as widespread a basis as

possible for the making of public improvements, and for the

provision of lands for public use. Such lands, proceeds, and income

shall be managed and disposed of for one or more of the foregoing

purposes in such manner as the constitution and laws of said State

may provide, and their use for any other object shall constitute a

breach of trust for which suit may be brought by the United States.

The schools and other educational institutions supported, in whole

or in part, out of such public trust shall forever remain under the

exclusive control of said State; and no part of the proceeds or

income from the lands granted under this Act shall be used for the

support of any sectarian or denominational school, college, or

university.

"(g) As used in this Act, the term 'lands and other properties'

includes public lands and other public property, and the term

'public lands and other public property' means, and is limited to,

the lands and properties that were ceded to the United States by

the Republic of Hawaii under the joint resolution of annexation

approved July 7, 1898 (30 Stat. 750), or that have been acquired in

exchange for lands or properties so ceded.

"(h) All laws of the United States reserving to the United States

the free use or enjoyment of property which vests in or is conveyed

to the State of Hawaii or its political subdivisions pursuant to

subsection (a), (b), or (e) of this section or reserving the right

to alter, amend, or repeal laws relating thereto shall cease to be

effective upon the admission of the State of Hawaii into the Union.

"(i) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third

Congress, first session; 67 Stat. 29) and the Outer Continental

Shelf Lands Act of 1953 (Public Law 212, Eighty-third Congress,

first session, 67 Stat. 462) shall be applicable to the State of

Hawaii, and the said State shall have the same rights as do

existing States thereunder. (As amended Pub. L. 86-624, Sec. 41,

July 12, 1960, 74 Stat. 422.)

"Sec. 6. [Certification by President; proclamation for

elections.] As soon as possible after the enactment of this Act, it

shall be the duty of the President of the United States to certify

such fact to the Governor of the Territory of Hawaii. Thereupon the

Governor of the Territory shall, within thirty days after receipt

of the official notification of such approval, issue his

proclamation for the elections, as hereinafter provided, for

officers of all State elective offices provided for by the

constitution of the proposed State of Hawaii, and for two Senators

and one Representative in Congress. In the first election of

Senators from said State the two senatorial offices shall be

separately identified and designated, and no person may be a

candidate for both offices. No identification or designation of

either of the two senatorial offices, however, shall refer to or be

taken to refer to the term of that office, nor shall any such

identification or designation in any way impair the privilege of

the Senate to determine the class to which each of the Senators

elected shall be assigned.

"Sec. 7. [Election of officers; date; propositions; certification

of voting results; proclamation by President.] (a) The proclamation

of the Governor of Hawaii required by section 6 shall provide for

the holding of a primary election and a general election and at

such elections the officers required to be elected as provided in

section 6 shall 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 Hawaii 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 Hawaii may prescribe. The

Governor of Hawaii shall certify the results of said elections, as

so ascertained, to the President of the United States.

"(b) At an election designated by proclamation of the Governor of

Hawaii, which may be either the primary or 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, the following propositions:

" '(1) Shall Hawaii immediately be admitted into the Union as a

State?

" '(2) The boundaries of the State of Hawaii shall be as

prescribed in the Act of Congress approved __________, (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.

" '(3) All provisions of the Act of Congress approved __________

(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 Hawaii are consented to fully by said State and its people.'

"In the event the foregoing propositions are adopted at said

election by a majority of the legal votes cast on said State of

Hawaii, ratified by the people at the election held submission, the

proposed constitution of the proposed on November 7, 1950, shall be

deemed amended as follows: Section 1 of article XIII of said

proposed constitution shall be deemed amended so as to contain the

language of section 2 of this Act in lieu of any other language;

article XI shall be deemed to include the provisions of section 4

of this Act; and section 8 of article XIV shall be deemed amended

so as to contain the language of the third proposition above stated

in lieu of any other language, and section 10 of article XVI shall

be deemed amended by inserting the words 'at which officers for all

state elective offices provided for by this constitution and two

Senators and one Representative in Congress shall be nominated and

elected' in lieu of the words 'at which officers for all state

elective offices provided for by this constitution shall be

nominated and elected; but the officers so to be elected shall in

any event include two Senators and two Representatives to the

Congress, and unless and until otherwise required by law, said

Representatives shall be elected at large.'

"In the event the foregoing propositions are not adopted at said

election by a majority of the legal votes cast on said submission,

the provisions of this Act shall cease to be effective.

"The Governor of Hawaii 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 Hawaii, 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.

"(c) If the President shall find that the propositions set forth

in the preceding subsection have been duly adopted by the people of

Hawaii, the President, upon certification of the returns of the

election of the officers required to be elected as provided in

section 6 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 Hawaii

shall be deemed admitted into the Union as provided in section 1 of

this Act.

"Until the said State is so admitted into the Union, the persons

holding legislative, executive, and judicial office in, under, or

by authority of the government of said Territory, and the Delegate

in Congress thereof, 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 Hawaii 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, 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.

"Sec. 8. [House of Representatives membership.] The State of

Hawaii 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: Provided,

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.

"Sec. 9. [Judiciary provisions; amendment.] Effective upon the

admission of the State of Hawaii into the Union -

"(a) the United States District Court for the District of

Hawaii established by and existing under title 28 of the United

States Code shall thenceforth be a court of the United States

with judicial power derived from article III, section 1, of the

Constitution of the United States: Provided, however, That the

terms of office of the district judges for the district of Hawaii

then in office shall terminate upon the effective date of this

section and the President, pursuant to sections 133 and 134 of

title 28, United States Code, as amended by this Act, shall

appoint, by and with the advice and consent of the Senate, two

district judges for the said district who shall hold office

during good behavior;

"(b) the last paragraph of section 133 of title 28, United

States Code, is repealed; and

"(c) subsection (a) of section 134 of title 28, United States

Code, is amended by striking out the words 'Hawaii and'. The

second sentence of the same section is amended by striking out

the words 'Hawaii and', 'six and', and 'respectively'.

"Sec. 10. [Judicial provisions; amendment.] Effective upon the

admission of the State of Hawaii into the Union the second

paragraph of section 451 of title 28, United States Code, is

amended by striking out the words 'including the district courts of

the United States for the districts of Hawaii and Puerto Rico,' and

inserting in lieu thereof the words 'including the United States

District for the District of Puerto Rico,'.

"Sec. 11. [Judicial provisions; amendment.] Effective upon the

admission of the State of Hawaii into the Union -

"(a) the last paragraph of section 501 of title 28. United

States Code, is repealed;

"(b) the first sentence of subsection (a) of section 504 of

title 28, United States Code, is amended by striking out at the

end thereof the words ', except in the district of Hawaii, where

the term shall be six years';

"(c) the first sentence of subsection (c) of section 541 of

title 28, United States Code, is amended by striking out at the

end thereof the words ', except in the district of Hawaii where

the term shall be six years'; and

"(d) subsection (d) of section 541 of title 28, United States

Code, is repealed.

"Sec. 12. [Continuation of suits.] No writ, action, indictment,

cause, or proceeding pending in any court of the Territory of

Hawaii or in the United States District Court for the District of

Hawaii shall abate by reason of the admission of said State into

the Union, but the same shall be transferred to and proceeded with

in such appropriate State courts as shall be established under the

constitution of said State, or shall continue in the United States

District Court for the District of Hawaii, as the nature of the

case may require. And no writ, action, indictment, cause or

proceeding shall abate by reason of any change in the courts, but

shall be proceeded with in the State or United States courts

according to the laws thereof, respectively. And the appropriate

State courts shall be the successors of the courts of the Territory

as to all cases arising within the limits embraced within the

jurisdiction of such courts, respectively, with full power to

proceed with the same, and award mesne or final process therein,

and all the files, records, indictments, and proceedings relating

to any such writ, action, indictment, cause or proceeding shall be

transferred to such appropriate State courts and the same shall be

proceeded with therein in due course of law.

"All civil causes of action and all criminal offenses which shall

have arisen or been committed prior to the admission of said State,

but as to which no writ, action, indictment or proceeding shall be

pending at the date of such admission, shall be subject to

prosecution in the appropriate State courts or in the United States

District Court for the District of Hawaii in like manner, to the

same extent, and with like right of appellate review, as if said

State had been created and said State courts had been established

prior to the accrual of such causes of action or the commission of

such offenses. The admission of said State shall effect no change

in the substantive or criminal law governing such causes of action

and criminal offenses which shall have arisen or been committed;

and such of said criminal offenses as shall have been committed

against the laws of the Territory shall be tried and punished by

the appropriate courts of said State, and such as shall have been

committed against the laws of the United States shall be tried and

punished in the United States District Court for the District of

Hawaii.

"Sec. 13. [Appeals.] Parties shall have the same rights of appeal

from and appellate review of final decisions of the United States

District Court for the District of Hawaii or the Supreme Court of

the Territory of Hawaii in any case finally decided prior to

admission of said State into the Union, whether or not an appeal

therefrom shall have been perfected prior to such admission, and

the United States Court of Appeals for the Ninth Circuit and the

Supreme Court of the United States shall have the same jurisdiction

therein, as by law provided prior to admission of said State into

the Union, and any mandate issued subsequent to the admission of

said State shall be to the United States District Court for the

District of Hawaii or a court of the State, as may be appropriate.

Parties shall have the same rights of appeal from and appellate

review of all orders, judgments, and decrees of the United States

District Court for the District of Hawaii and of the Supreme Court

of the State of Hawaii as successor to the Supreme Court of the

Territory of Hawaii, in any case pending at the time of admission

of said State into the Union, and the United States Court of

Appeals for the Ninth Circuit and the Supreme Court of the United

States shall have the same jurisdiction therein, as by law provided

in any case arising subsequent to the admission of said State into

the Union.

"Sec. 14. [Judicial and criminal provisions; amendment.]

Effective upon the admission of the State of Hawaii into the Union

-

"(a) title 28, United States Code, section 1252, is amended by

striking out 'Hawaii and' from the clause relating to courts of

record;

"(b) title 28, United States Code, section 1293, is amended by

striking out the words 'First and Ninth Circuits' and by

inserting in lieu thereof 'First Circuit', and by striking out

the words, 'supreme courts of Puerto Rico and Hawaii,

respectively' and inserting in lieu thereof 'supreme court of

Puerto Rico';

"(c) title 28, United States Code, section 1294, as amended, is

further amended by striking out paragraph (4) thereof and by

renumbering paragraphs (5) and (6) accordingly;

"(d) the first paragraph of section 373 of title 28, United

States Code, as amended, is further amended by striking out the

words 'United States District Courts for the districts of Hawaii

or Puerto Rico,' and inserting in lieu thereof the words 'United

States District Court for the District of Puerto Rico,'; and by

striking out the words 'and any justice of the Supreme Court of

the Territory of Hawaii': Provided, That the amendments made by

this subsection shall not affect the rights of any judge or

justice who may have retired before the effective date of this

subsection: And provided further, That service as a judge of the

District Court for the Territory of Hawaii or as a judge of the

United States District Court for the District of Hawaii or as a

justice of the Supreme Court of the Territory of Hawaii or as a

judge of the circuit courts of the Territory of Hawaii shall be

included in computing under section 371, 372, or 373 of title 28,

United States Code, the aggregate years of judicial service of

any person who is in office as a district judge for the District

of Hawaii on the date of enactment of this Act;

"(e) section 92 of the act of April 30, 1900 (ch. 339, 31 Stat.

159), as amended, and the Act of May 29, 1928 (ch. 904, 45 Stat.

997), as amended, are repealed;

"(f) section 86 of the Act approved April 30, 1900 (ch. 339, 31

Stat. 158), as amended, is repealed;

"(g) section 3771 of title 18, United States Code, as

heretofore amended, is further amended by striking out from the

first paragraph of such section the words 'Supreme Courts of

Hawaii and Puerto Rico' and inserting in lieu thereof the words

'Supreme Court of Puerto Rico';

"(h) section 3772 of title 18, United States Code, as

heretofore amended, is further amended by striking out from the

first paragraph of such section the words 'Supreme Courts of

Hawaii and Puerto Rico' and inserting in lieu thereof the words

'Supreme Court of Puerto Rico';

"(i) section 91 of title 28, United States Code, as heretofore

amended, is further amended by inserting after 'Kure Island' and

before 'Baker Island' the words 'Palmyra Island,'; and

"(j) the Act of June 15, 1950, (64 Stat. 217; 48 U.S.C., sec.

644a), is amended by inserting after 'Kure Island' and before

'Baker Island' the words 'Palmyra Island.'.

"Sec. 15. [Laws in effect.] All Territorial laws in force in the

Territory of Hawaii at the time of its admission into the Union

shall continue in force in the State of Hawaii, except as modified

or changed by this Act or by the constitution of the State, and

shall be subject to repeal or amendment by the Legislature of the

State of Hawaii, except as provided in section 4 of this Act with

respect to the Hawaiian Homes Commission Act, 1920, as amended; and

the laws of the United States shall have the same force and effect

within the said State as elsewhere within the United States:

Provided, That, except as herein otherwise provided, a Territorial

law enacted by the Congress shall be terminated two years after the

date of admission of the State of Hawaii into the Union or upon the

effective date of any law enacted by the State of Hawaii which

amends or repeals it, whichever may occur first. As used in this

section, the term 'Territorial laws' includes (in addition to laws

enacted by the Territorial Legislature of Hawaii) 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 Hawaii prior to its admission into the Union, and the

term 'laws of the United States' includes all laws or parts thereof

enacted by the Congress that (1) apply to or within Hawaii at the

time of its admission into the Union, (2) are not 'Territorial

laws' as defined in this paragraph, and (3) are not in conflict

with any other provision of this Act.

"Sec. 16. [Hawaii National Park; military and naval lands; civil

and criminal jurisdiction.] (a) Notwithstanding the admission of

the State of Hawaii into the Union, the United States shall

continue to have sole and exclusive jurisdiction over the area

which may then or thereafter be included in Hawaii National Park,

saving, however, to the State of Hawaii the same rights as are

reserved to the Territory of Hawaii by section 1 of the Act of

April 19, 1930 (46 Stat. 227), and saving, further, to persons then

or thereafter residing within such area the right to vote at all

elections held within the political subdivisions where they

respectively reside. Upon the admission of said State all

references to the Territory of Hawaii in said Act or in other laws

relating to Hawaii National Park shall be deemed to refer to the

State of Hawaii. Nothing contained in this Act shall be construed

to affect the ownership and control by the United States of any

lands or other property within Hawaii National Park which may now

belong to, or which may hereafter be acquired by, the United

States.

"(b) Notwithstanding the admission of the State of Hawaii into

the Union, authority is reserved in the United States, subject to

the proviso hereinafter set forth, for the exercise by the Congress

of the United States of the power of exclusive legislation, as

provided by article I, section 8, clause 17, of the Constitution of

the United States, in all cases whatsoever over such tracts or

parcels of land as, immediately prior to the admission of said

State, are controlled or owned by the United States and held for

Defense or Coast Guard purposes, whether such lands were acquired

by cession and transfer to the United States by the Republic of

Hawaii and set aside by Act of Congress or by Executive order or

proclamation of the President or the Governor of Hawaii for the use

of the United States, or were acquired by the United States by

purchase, condemnation, donation, exchange, or otherwise: Provided,

(i) That the State of Hawaii shall always have the right to serve

civil or criminal process within the said tracts or parcels of land

in suits or prosecutions for or on account of rights acquired,

obligations incurred, or crimes committed within the said State but

outside of the said tracts or parcels of land; (ii) that the

reservation of authority in the United States for the exercise by

the Congress of the United States of the power of exclusive

legislation over the lands aforesaid shall not operate to prevent

such lands from being a part of the State of Hawaii, or to prevent

the said State from exercising over or upon such lands,

concurrently with the United States, any jurisdiction whatsoever

which it would have in the absence of such reservation of authority

and which is consistent with the laws hereafter enacted by the

Congress pursuant to such reservation of authority; and (iii) that

such power of exclusive legislation shall vest and remain in the

United States only so long as the particular tract or parcel of

land involved is controlled or owned by the United States and used

for Defense or Coast Guard purposes: Provided, however, That the

United States shall continue to have sole and exclusive

jurisdiction over such military installations as have been

heretofore or hereafter determined to be critical areas as

delineated by the President of the United States and/or the

Secretary of Defense.

"Sec. 17. [Federal Reserve Act; amendment.] The next to last

sentence of the first paragraph of section 2 of the Federal Reserve

Act (38 Stat. 251) as amended by section 19 of the Act of July 7,

1958, (72 Stat. 339, 350) is amended by inserting after the word

'Alaska' the words 'or Hawaii.'

"Sec. 18. [Maritime matters.] (a) Nothing contained in this Act

shall be construed as depriving the Federal Maritime Board of the

exclusive jurisdiction heretofore conferred on it over common

carriers engaged in transportation by water between any port in the

State of Hawaii and other ports in the United States, or

possessions, or as conferring on the Interstate Commerce Commission

jurisdiction over transportation by water between any such ports.

"(b) Effective on the admission of the State of Hawaii into the

Union -

"(1) the first sentence of section 506 of the Merchant Marine

Act, 1936 as amended (46 U.S.C., sec. 1156), is amended by

inserting before the words 'an island possession or island

territory', the words 'the State of Hawaii, or';

"(2) section 605(a) of the Merchant Marine Act, 1936, as

amended (46 U.S.C., sec. 1175), is amended by inserting before

the words 'an island possession or island territory', the words

'the State of Hawaii, or'; and

"(3) the second paragraph of section 714 of the Merchant Marine

Act, 1936, as amended (46 U.S.C., sec. 1204), is amended by

inserting before the words 'an island possession or island

territory' the words 'the State of Hawaii, or'. (As amended Pub.

L. 86-624, Sec. 46, July 12, 1960, 74 Stat. 423.)

"Sec. 19. [United States Nationality.] Nothing contained in this

Act shall operate to confer United States nationality, nor to

terminate nationality heretofore lawfully acquired, or restore

nationality heretofore lost under any law of the United States or

under any treaty to which the United States is or was a party.

"Sec. 20. [Immigration and Nationality Act; amendments.] (a)

Section 101(a)(36) of the Immigration and Nationality Act (66 Stat.

170, 8 U.S.C., sec. 1101(a)(36)) is amended by deleting the word

'Hawaii,'.

"(b) Section 212(d)(7) of the Immigration and Nationality Act (66

Stat. 188, 8 U.S.C. 1182(d)(7) is amended by deleting from the

first sentence thereof the word 'Hawaii,' and by deleting the

proviso to said first sentence.

"(c) The first sentence of section 310(a) of the Immigration and

Nationality Act, as amended (66 Stat. 239, 8 U.S.C. 1421(a), 72

Stat. 351) is further amended by deleting the words 'for the

Territory of Hawaii, and'.

"(d) Nothing contained in this Act shall be held to repeal,

amend, or modify the provisions of section 305 of the Immigration

and Nationality Act (66 Stat. 237, 8 U.S.C. 1405).

"Sec. 21. [Aircraft purchase loans. ] Effective upon the

admission of the State of Hawaii into the Union, section 3,

subsection (b), of the Act of September 7, 1957 (71 Stat. 629), is

amended by substituting the words 'State of Hawaii' for the words

'Territory of Hawaii'.

"Sec. 22. [Severability clause.] If any provision of this Act, or

any section, subsection, sentence, clause, phrase, or individual

word, or the application thereof in any circumstance is held

invalid, the validity of the remainder of the Act and of the

application of any such provision, section, subsection, sentence,

clause, phrase, or individual word in other circumstances shall not

be affected thereby.

"Sec. 23. [Repeal of inconsistent laws.] All Acts or parts of

Acts in conflict with the provisions of this Act, whether passed by

the legislature of said Territory or by Congress, are hereby

repealed."

HAWAIIAN HOME LANDS RECOVERY

Pub. L. 104-42, title II, Nov. 2, 1995, 109 Stat. 357, provided

that:

"SEC. 201. SHORT TITLE

"This title may be cited as the 'Hawaiian Home Lands Recovery

Act'.

"SEC. 202. DEFINITIONS.

"As used in this title:

"(1) Agency. - The term 'agency' includes -

"(A) any instrumentality of the United States;

"(B) any element of an agency; and

"(C) any wholly owned or mixed-owned corporation of the

United States Government.

"(2) Beneficiary. - The term 'beneficiary' has the same meaning

as is given the term 'native Hawaiian' under section 201(7) of

the Hawaiian Homes Commission Act [former 48 U.S.C. 692(7)].

"(3) Chairman. - The term 'Chairman' means the Chairman of the

Hawaiian Homes Commission of the State of Hawaii.

"(4) Commission. - The term 'Commission' means the Hawaiian

Homes Commission established by section 202 of the Hawaiian Homes

Commission Act [former 48 U.S.C. 693].

"(5) Hawaiian homes commission act. - The term 'Hawaiian Homes

Commission Act' means the Hawaiian Homes Commission Act, 1920 (42

Stat. 108 et. seq., chapter 42) [Act July 9, 1921, ch. 42, former

48 U.S.C. 691 et seq.].

"(6) Hawaii state admission act. - The term 'Hawaii State

Admission Act' means the Act entitled 'An Act to provide for the

admission of the State of Hawaii into the Union', approved March

18, 1959 [Pub. L. 86-3] (73 Stat. 4, chapter 339; 48 U.S.C. note

prec. 491).

"(7) Lost use. - The term 'lost use' means the value of the use

of the land during the period when beneficiaries or the Hawaiian

Homes Commission have been unable to use lands as authorized by

the Hawaiian Homes Commission Act because of the use of such

lands by the Federal Government after August 21, 1959.

"(8) Secretary. - The term 'Secretary' means the Secretary of

the Interior.

"SEC. 203. SETTLEMENT OF FEDERAL CLAIMS.

"(a) Determination. -

"(1) The Secretary shall determine the value of the following:

"(A) Lands under the control of the Federal Government that -

"(i) were initially designated as available lands under

section 203 of the Hawaiian Homes Commission Act [former 48

U.S.C. 697] (as in effect on the date of enactment of such

Act [July 9, 1921]); and

"(ii) were nevertheless transferred to or otherwise

acquired by the Federal Government.

"(B) The lost use of lands described in subparagraph (A).

"(2)(A) Except as provided in subparagraph (B), the

determinations of value made under this subsection shall be made

not later than 1 year after the date of enactment of this Act

[Nov. 2, 1995]. In carrying out this subsection, the Secretary

shall use a method of determining value that -

"(i) is acceptable to the Chairman; and

"(ii) is in the best interest of the beneficiaries.

"(B) The Secretary and the Chairman may mutually agree to

extend the deadline for making determinations under this

subparagraph beyond the date specified in subparagraph (A).

"(3) The Secretary and the Chairman may mutually agree, with

respect to the determinations of value described in subparagraphs

(A) and (B) of paragraph (1), to provide -

"(A) for making any portion of the determinations of value

pursuant to subparagraphs (A) and (B) of paragraph (1); and

"(B) for making the remainder of the determinations with

respect to which the Secretary and the Chairman do not exercise

the option described in subparagraph (A), pursuant to an

appraisal conducted under paragraph (4).

"(4)(A) Except as provided in subparagraph (C), if the

Secretary and the Chairman do not agree on the determinations of

value made by the Secretary under subparagraphs (A) and (B) of

paragraph (1), or, pursuant to paragraph (3), mutually agree to

determine the value of certain lands pursuant to this

subparagraph, such values shall be determined by an appraisal. An

appraisal conducted under this subparagraph shall be conducted in

accordance with appraisal standards that are mutually agreeable

to the Secretary and the Chairman.

"(B) If an appraisal is conducted pursuant to this

subparagraph, during the appraisal process -

"(i) the Chairman shall have the opportunity to present

evidence of value to the Secretary;

"(ii) the Secretary shall provide the Chairman a preliminary

copy of the appraisal;

"(iii) the Chairman shall have a reasonable and sufficient

opportunity to comment on the preliminary copy of the

appraisal; and

"(iv) the Secretary shall give consideration to the comments

and evidence of value submitted by the Chairman under this

subparagraph.

"(C) The Chairman shall have the right to dispute the

determinations of values made by an appraisal conducted under

this subparagraph. If the Chairman disputes the appraisal, the

Secretary and the Chairman may mutually agree to employ a process

of bargaining, mediation, or other means of dispute resolution to

make the determinations of values described in subparagraphs (A)

and (B) of paragraph (1).

"(b) Authorization. -

"(1) Exchange. - Subject to paragraphs (2) and (5), the

Secretary may convey Federal lands described in paragraph (5) to

the Department of Hawaiian Home Lands in exchange for the

continued retention by the Federal Government of lands described

in subsection (a)(1)(A).

"(2) Value of lands. - (A) The value of any lands conveyed to

the Department of Hawaiian Home Lands by the Federal Government

in accordance with an exchange made under paragraph (1) may not

be less than the value of the lands retained by the Federal

Government pursuant to such exchange.

"(B) For the purposes of this subsection, the value of any

lands exchanged pursuant to paragraph (1) shall be determined as

of the date the exchange is carried out, or any other date

determined by the Secretary, with the concurrence of the

Chairman.

"(3) Lost use. - Subject to paragraphs (4) and (5), the

Secretary may convey Federal lands described in paragraph (5) to

the Department of Hawaiian Home Lands as compensation for the

lost use of lands determined under subsection (a)(1)(B).

"(4) Value of lost use. - (A) the value of any lands conveyed

to the Department of Hawaiian Home Lands by the Federal

Government as compensation under paragraph (3) may not be less

than the value of the lost use of lands determined under

subsection (a)(1)(B).

"(B) For the purposes of this subparagraph, the value of any

lands conveyed pursuant to paragraph (3) shall be determined as

of the date that the conveyance occurs, or any other date

determined by the Secretary, with the concurrence of the

Chairman.

"(5) Federal lands for exchange. - (A) Subject to subparagraphs

(B) and (C), Federal lands located in Hawaii that are under the

control of an agency (other than lands within the National Park

System or the National Wildlife Refuge System) may be conveyed to

the Department of Hawaiian Home Lands under paragraphs (1) and

(3). To assist the Secretary in carrying out this Act [title],

the head of an agency may transfer to the Department of the

Interior, without reimbursement, jurisdiction and control over

any lands and any structures that the Secretary determines to be

suitable for conveyance to the Department of Hawaiian Home Lands

pursuant to an exchange conducted under this section.

"(B) No Federal lands that the Federal Government is required

to convey to the State of Hawaii under section 5 of the Hawaii

State Admission Act [section 5 of Pub. L. 86-3, set out above]

may be conveyed under paragraph (1) or (3).

"(C) No Federal lands that generate income (or would be

expected to generate income) for the Federal Government may be

conveyed pursuant to an exchange made under this paragraph to the

Department of Hawaiian Home Lands.

"(c) Available Lands. -

"(1) In general. - Subject to paragraphs (2) and (3), the

Secretary shall require that lands conveyed to the Department of

Hawaiian Home Lands under this Act [title] shall have the status

of available lands under the Hawaiian Homes Commission Act.

"(2) Subsequent exchange of lands. - Notwithstanding any other

provision of law, lands conveyed to the Department of Hawaiian

Home Lands under this paragraph may subsequently be exchanged

pursuant to section 204(3) of the Hawaiian Home Commission Act

[former 48 U.S.C. 698(3)].

"(3) Sale of certain lands. - Notwithstanding any other

provision of law, the Chairman may, at the time that lands are

conveyed to the Department of Hawaiian Home Lands as compensation

for lost use under this Act [title], designate lands to be sold.

The Chairman is authorized to sell such land under terms and

conditions that are in the best interest of the beneficiaries.

The proceeds of such a sale may only be used for the purposes

described in section 207(a) of the Hawaiian Homes Commission Act

[former 48 U.S.C. 701(a)].

"(d) Consultation. - In carrying out their respective

responsibilities under this section, the Secretary and the Chairman

shall -

"(1) consult with the beneficiaries and organizations

representing the beneficiaries; and

"(2) report to such organizations on a regular basis concerning

the progress made to meet the requirements of this section.

"(e) Hold Harmless. - Notwithstanding any other provision of law,

the United States shall defend and hold harmless the Department of

Hawaiian Home Lands, the employees of the Department, and the

beneficiaries with respect to any claim arising from the ownership

of any land or structure that is conveyed to the Department

pursuant to an exchange made under this section prior to the

conveyance to the Department of such land or structure.

"(f) Screening. -

"(1) In general. - Notwithstanding any other provision of law,

the Secretary of Defense and the Administrator of General

Services shall, at the same time as notice is provided to Federal

agencies that excess real property is being screened pursuant to

applicable Federal laws (including regulations) for possible

transfer to such agencies, notify the Chairman of any such

screening of real property that is located within the State of

Hawaii.

"(2) Response to notification. - Notwithstanding any other

provision of law, not later than 90 days after receiving a notice

under paragraph (1), the Chairman may select for appraisal real

property, or at the election of the Chairman, portions of real

property, that is the subject of a screening.

"(3) Selection. - Notwithstanding any other provision of law,

with respect to any real property located in the State of Hawaii

that, as of the date of enactment of this Act [Nov. 2, 1995], is

being screened pursuant to applicable Federal laws for possible

transfer (as described in paragraph (1)) or has been screened for

such purpose, but has not been transferred or declared to be

surplus real property, the Chairman may select all, or any

portion of, such real property to be appraised pursuant to

paragraph (4).

"(4) Appraisal. - Notwithstanding any other provision of law,

the Secretary of Defense or the Administrator of General Services

shall appriase [sic] the real property or portions of real

property selected by the Chairman using the Uniform Standards for

Federal Land Acquisition developed by the Interagency Land

Acquisition Conference, or such other standard as the Chairman

agrees to.

"(5) Request for conveyance. - Notwithstanding any other

provision of law, not later than 30 days after the date of

completion of such appraisal, the Chairman may request the

conveyance to the Department of Hawaiian Home Lands of -

"(A) the appraised property; or

"(B) a portion of the appraised property, to the Department

of Hawaiian Home Lands.

"(6) Conveyance. - Notwithstanding any other provision of law,

upon receipt of a request from the Chairman, the Secretary of

Defense or the Administrator of the General Services

Administration shall convey, without reimbursement, the real

property that is the subject of the request to the Department of

Hawaiian Home Lands as compensation for lands identified under

subsection (a)(1)(A) or lost use identified under subsection

(a)(1)(B).

"(7) Real property not subject to recoupment. - Notwithstanding

any other provision of law, any real property conveyed pursuant

to paragraph (6) shall not be subject to recoupment based upon

the sale or lease of the land by the Chairman.

"(8) Valuation. - Notwithstanding any other provision of law,

the Secretary shall reduce the value identified under

subparagraph (A) or (B) of subsection (a)(1), as determined

pursuant to such subsection, by an amount equal to the appraised

value of any excess lands conveyed pursuant to paragraph (6).

"(9) Limitation. - No Federal lands that generate income (or

would be expected to generate income) for the Federal Government

may be conveyed pursuant to this subsection to the Department of

Hawaiian Home Lands.

"SEC. 204. PROCEDURE FOR APPROVAL OF AMENDMENTS TO HAWAIIAN HOMES

COMMISSION ACT.

"(a) Notice to the Secretary. - Not later than 120 days after a

proposed amendment to the Hawaiian Homes Commission Act is approved

in the manner provided in section 4 of the Hawaii State Admission

Act [section 4 of Pub. L. 86-3, set out above], the Chairman shall

submit to the Secretary -

"(1) a copy of the proposed amendment;

"(2) the nature of the change proposed to be made by the

amendment; and

"(3) an opinion regarding whether the proposed amendment

requires the approval of Congress under section 4 of the Hawaii

State Admission Act.

"(b) Determination by Secretary. - Not later than 60 days after

receiving the materials required to be submitted by the Chairman

pursuant to subsection (a), the Secretary shall determine whether

the proposed amendment requires the approval of Congress under

section 4 of the Hawaii State Admission Act, and shall notify the

Chairman and Congress of the determination of the Secretary.

"(c) Congressional Approval Required. - If, pursuant to

subsection (b), the Secretary determines that the proposed

amendment requires the approval of Congress, the Secretary shall

submit to the Committee on Energy and Natural Resources of the

Senate and the Committee on Resources of the House of

Representatives -

"(1) a draft joint resolution approving the amendment;

"(2) a description of the change made by the proposed amendment

and an explanation of how the amendment advances the interests of

the beneficiaries;

"(3) a comparison of the existing law (as of the date of

submission of the proposed amendment) that is the subject of the

amendment with the proposed amendment;

"(4) a recommendation concerning the advisability of approving

the proposed amendment; and

"(5) any documentation concerning the amendments received from

the Chairman.

"SEC. 205. LAND EXCHANGES.

"(a) Notice to the Secretary. - If the Chairman recommends for

approval an exchange of Hawaiian Home Lands, the Chairman shall

submit a report to the Secretary on the proposed exchange. The

report shall contain -

"(1) a description of the acreage and fair market value of the

lands involved in the exchange;

"(2) surveys and appraisals prepared by the Department of

Hawaiian Home Lands, if any; and

"(3) an identification of the benefits to the parties of the

proposed exchange.

"(b) Approval or Disapproval. -

"(1) In general. - Not later than 120 days after receiving the

information required to be submitted by the Chairman pursuant to

subsection (a), the Secretary shall approve or disapprove the

proposed exchange.

"(2) Notification. - The Secretary shall notify the Chairman,

the Committee on Energy and Natural Resources of the Senate, and

the Committee on Resources of the House of Representatives of the

reasons for the approval or disapproval of the proposed exchange.

"(c) Exchanges Initiated by Secretary. -

"(1) In general. - The Secretary may recommend to the Chairman

an exchange of Hawaiian Home Lands for Federal lands described in

section 203(b)(5), other than lands described in subparagraphs

(B) and (C) of such section. If the Secretary initiates a

recommendation for such an exchange, the Secretary shall submit a

report to the Chairman on the proposed exchange that meets the

requirements of a report described in subsection (a).

"(2) Approval by chairman. - Not later than 120 days after

receiving a recommendation for an exchange from the Secretary

under paragraph (1), the Chairman shall provide written

notification to the Secretary of the approval or disapproval of a

proposed exchange. If the Chairman approves the proposed

exchange, upon receipt of the written notification, the Secretary

shall notify the Committee on Energy and Natural Resources of the

Senate, and the Committee on Resources of the House of

Representatives of the approval of the Chairman of the proposed

exchange.

"(3) Exchange. - Upon providing notification pursuant to

paragraph (2) of a proposed exchange that has been approved by

the Chairman pursuant to this section, the Secretary may carry

out the exchange.

"(d) Selection and Exchange. -

"(1) In general. - Notwithstanding any other provision of law,

the Secretary may -

"(A) select real property that is the subject of screening

activities conducted by the Secretary of Defense or the

Administrator of General Services pursuant to applicable

Federal laws (including regulations) for possible transfer to

Federal agencies; and

"(B) make recommendations to the Chairman concerning making

an exchange under subsection (c) that includes such real

property.

"(2) Transfer. - Notwithstanding any other provision of law, if

the Chairman approves an exchange proposed by the Secretary under

paragraph (1) -

"(A) the Secretary of Defense or the Administrator of General

Services shall transfer the real property described in

paragraph (1)(A) that is the subject of the exchange to the

Secretary without reimbursement; and

"(B) the Secretary shall carry out the exchange.

"(3) Limitation. - No Federal lands that generate income (or

would be expected to generate income) for the Federal Government

may be conveyed pursuant to this subsection to the Department of

Hawaiian Home Lands.

"(e) Surveys and Appraisals. -

"(1) Requirement. - The Secretary shall conduct a survey of all

Hawaiian Home Lands based on the report entitled 'Survey Needs

for the Hawaiian Home Lands', issued by the Bureau of Land

Management of the Department of the Interior, and dated July

1991.

"(2) Other surveys. - The Secretary is authorized to conduct

such other surveys and appraisals as may be necessary to make an

informed decision regarding approval or disapproval of a proposed

exchange.

"SEC. 206. ADMINISTRATION OF ACTS BY UNITED STATES.

"(a) Designation. -

"(1) In general. - Not later than 120 days after the date of

enactment of this Act [Nov. 2, 1995], the Secretary shall

designate an individual from within the Department of the

Interior to administer the responsibilities of the United States

under this title and the Hawaiian Homes Commission Act.

"(2) Default. - If the Secretary fails to make an appointment

by the date specified in paragraph (1), or if the position is

vacant at any time thereafter, the Assistant Secretary for

Policy, Budget, and Administration of the Department of the

Interior shall exercise the responsibilities for the Department

in accordance with subsection (b).

"(b) Responsibilities. - The individual designated pursuant to

subsection (a) shall, in administering the laws referred to in such

subsection -

"(1) advance the interests of the beneficiaries; and

"(2) assist the beneficiaries and the Department of Hawaiian

Home Lands in obtaining assistance from programs of the

Department of the Interior and other Federal agencies that will

promote homesteading opportunities, economic self-sufficiency,

and social well-being of the beneficiaries.

"SEC. 207. ADJUSTMENT.

"[Amended section 386a of Title 25, Indians.]

"SEC. 208. REPORT.

"(a) In General. - Not later than 180 days after the date of

enactment of this Act [Nov. 2, 1995], the Chairman shall report to

the Secretary concerning any claims that -

"(1) involve the transfer of lands designated as available

lands under section 203 of the Hawaiian Homes Commission Act

[former 48 U.S.C. 697] (as in effect on the date of enactment of

such Act [July 9, 1921]); and

"(2) are not otherwise covered under this title.

"(b) Review. - Not later than 180 days after receiving the report

submitted under subsection (a), the Secretary shall make a

determination with respect to each claim referred to in subsection

(a), whether, on the basis of legal and equitable considerations,

compensation should be granted to the Department of Hawaiian Home

Lands.

"(c) Compensation. - If the Secretary makes a determination under

subsection (b) that compensation should be granted to the

Department of Hawaiian Home Lands, the Secretary shall determine

the value of the lands and lost use in accordance with the process

established under section 203(a), and increase the determination of

value made under subparagraphs (A) and (B) of section 203(a)(1) by

the value determined under this subsection.

"SEC. 209. AUTHORIZATION.

"There are authorized to be appropriated such sums as may be

necessary for compensation to the Department of Hawaiian Home Lands

for the value of the lost use of lands determined under section

203. Compensation received by the Department of Hawaiian Home Lands

from funds made available pursuant to this section may only be used

for the purposes described in section 207(a) of the Hawaiian Homes

Commission Act [former 48 U.S.C. 701(a)]. To the extent that

amounts are made available by appropriations pursuant to this

section for compensation paid to the Department of Hawaiian Home

Lands for lost use, the Secretary shall reduce the determination of

value established under section 203(a)(1)(B) by such amount."

CONSENT TO AMENDMENT OF HAWAIIAN HOMES COMMISSION ACT, 1920

Pub. L. 105-21, June 27, 1997, 111 Stat. 235, provided: "That, as

required by section 4 of the Act entitled 'An Act to provide for

the admission of the State of Hawaii into the Union', approved

March 18, 1959 (73 Stat. 4) [set out as a note above], the United

States consents to the following amendments to the Hawaiian Homes

Commission Act, 1920, adopted by the State of Hawaii in the manner

required for State legislation:

"(1) Act 339 of the Session Laws of Hawaii, 1993.

"(2) Act 37 of the Session Laws of Hawaii, 1994."

Pub. L. 102-398, Oct. 6, 1992, 106 Stat. 1953, provided: "That,

as required by section 4 of the Act entitled 'An Act to provide for

the admission of the State of Hawaii into the Union', approved

March 18, 1959 (73 Stat. 4) [set out as a note above], the United

States hereby consents to the following amendments to the Hawaiian

Homes Commission Act, 1920, as amended, adopted by the State of

Hawaii in the manner required for State legislation:

"Act 16 of Session Laws of Hawaii, 1986;

"Act 85 of Session Laws of Hawaii, 1986;

"Act 249 of Session Laws of Hawaii, 1986;

"Act 36 of Session Laws of Hawaii, 1987;

"Act 28 of Session Laws of Hawaii, 1989;

"Act 265 of Session Laws of Hawaii, 1989;

"Act 14 of Session Laws of Hawaii, 1990;

"Act 24 of Session Laws of Hawaii, 1990;

"Act 150 of Session Laws of Hawaii, 1990; and

"Act 305 of Session Laws of Hawaii, 1990."

Pub. L. 99-557, Oct. 27, 1986, 100 Stat. 3143, provided: "That,

as required by section 4 of the Act entitled 'An Act to provide for

the admission of the State of Hawaii into the Union', approved

March 18, 1959 (73 Stat. 4) [set out as a note above], the United

States hereby consents to all amendments to the Hawaiian Homes

Commission Act, 1920, as amended, adopted between August 21, 1959,

and June 30, 1985, by the State of Hawaii, either in the

Constitution of the State of Hawaii or in the manner required for

State legislation, except for Act 112 of 1981."

HAWAII OMNIBUS ACT

Pub. L. 86-624, July 12, 1960, 74 Stat. 411, as amended,

provided:

"[Sec. 1. Short Title.] That this Act may be cited as the 'Hawaii

Omnibus Act'.

"Sec. 2. [Printing outside United States.] Subsection (a) of

section 2 of the Act of August 1, 1956 (70 Stat. 890), is amended

by striking out the words 'the continental United States' and

inserting in lieu thereof the words 'the States of the United

States and the District of Columbia'.

"Sec. 3. [Soil Bank Act; amendment.] Section 113 of the Soil Bank

Act, as amended, is amended to read as follows: 'This subtitle B

shall apply to the several States and, if the Secretary determines

it to be in the national interest, to the Commonwealth of Puerto

Rico and the Virgin Islands; and as used in this subtitle B, the

term "State" includes Puerto Rico and the Virgin Islands.'

"Sec. 4. [Armed Forces; amendment.] (a) Title 10, United States

Code, section 101(2), is amended by striking out the words 'Hawaii

or'.

"(b) Title 10, United States Code, sections 802(11) and 802(12),

are each amended by striking out the words 'the main group of the

Hawaiian Islands,'.

"(c) Title 10, United States Code, section 2662(c), is amended by

striking out the word ', Hawaii,'.

"(d) Title 10, United States Code is amended by striking out

clause (6) of section 4744; by renumbering clauses (7) through (9)

as clauses (6) through (8); by amending redesignated clause (8) to

read as follows: 'The families of persons described in clauses (1),

(2), (4), (5), and (7).'; and by striking out the words 'clause (8)

or (9)' in the last sentence of such section and inserting in lieu

thereof the words 'clause (7) or (8)'.

"Sec. 5. [Home Loan Bank Board.] (a) Paragraph (3) of section 2

of the Federal Home Loan Bank Act, as amended, is further amended

by striking out the words 'the Virgin Islands of the United States,

and the Territory of Hawaii' and by inserting in lieu thereof the

words 'and the Virgin Islands of the United States'.

"(b) Section 7 of the Home Owners' Loan Act of 1933, as amended,

is further amended by striking out the words 'Territory of Hawaii'

and inserting in lieu thereof the words 'State of Hawaii'.

"Sec. 6. [National Housing Act; amendment.] The National Housing

Act is amended by striking out the word 'Hawaii,' in sections 9,

210(d), 207(a)(7), 601(d), 713(q), and 801(g).

"Sec. 7. [Securities and Exchange Commission.] (a) Paragraph (6)

of section 2 of the Securities Act of 1933, as amended, is further

amended by striking out the word 'Hawaii.'.

"(b) Paragraph (16) of section 3(a) of the Securities Exchange

Act of 1934, as amended, is further amended by striking out the

word 'Hawaii,'.

"(c) Paragraph (37) of section 2(a) and paragraph (1) of section

6(a) of the Investment Company Act of 1940, as amended, are each

amended by striking out the word 'Hawaii,'.

"(d) Paragraph (18) of section 202(a) of the Investment Advisers

Act of 1940, as amended, is further amended by striking out the

word 'Hawaii,'.

"Sec. 8. [Soil Conservation and Domestic Allotment Act;

amendment.] (a) Section 8(b) of the Soil Conservation and Domestic

Allotment Act, as amended, is further amended by striking out the

words 'in the continental United States, except in Alaska,' and

inserting in lieu thereof the words 'in the States of the Union,

except Alaska,'.

"(b) Section 17(a) of the Soil Conservation and Domestic

Allotment Act, as amended, is further amended to read as follows:

'This Act shall apply to the States, the Commonwealth of Puerto

Rico, and the Virgin Islands, and, as used in this Act, the term

"State" includes Puerto Rico and the Virgin Islands.'

"Sec. 9. [Water Storage and Utilization.] Section 1 of the Act of

August 28, 1937 (50 Stat. 869), as amended, is further amended by

striking out the words 'the United States, including the

Territories of Alaska and Hawaii, and Puerto Rico and the Virgin

Islands' and inserting in lieu thereof the words 'the States of the

United States and in Puerto Rico and the Virgin Islands'.

"Sec. 10. [Wildlife Restoration.] Section 2 of the Act of

September 2, 1937 (50 Stat. 917), as amended, is further amended by

striking out the words '; and the term "State" shall be construed

to mean and include the several States and the Territory of

Hawaii'.

"Sec. 11. [Fishery Resources.] The Act of Aug. 4, 1947 (61 Stat.

726), is amended -

"(a) by striking out the words 'the Territories and island

possessions of the United States' and inserting in lieu thereof

the words 'the United States and its island possessions' in

section 1 and 2;

"(b) by striking out the words 'Territory of Hawaii and' in

section 1;

"(c) by striking out the word 'Territorial' and inserting in

lieu thereof the word 'State' in section 3; and

"(d) by striking out the words 'Hawaiian Islands' and

'Territory of Hawaii' and inserting in lieu thereof, in both

cases, the words 'State of Hawaii' in section 4.

"Sec. 12. [Fish Restoration.] Section 2(d) of the Act of August

9, 1950 (64 Stat. 431), as amended, is further amended by striking

out the words '; and the term "State" shall be construed to mean

and include the several States and the Territory of Hawaii'.

"Sec. 13. [Criminal Code; amendments.] (a) Title 18, United

States Code, section 1401, is amended by striking out the words

'the Territory of Alaska, the Territory of Hawaii,'.

"(b) Title 18, United States Code, section 5024, is amended by

striking out the words preceding the first comma and inserting in

lieu thereof the words 'This chapter shall apply in the States of

the United States'.

"(c) Section 6 of Public Law 85-752, as amended, is further

amended by striking out the words preceding the first comma and

inserting in lieu thereof the words 'Sections 3 and 4 of this Act

shall apply in the States of the United States'.

"Sec. 14. [Education.] (a)(1) Subsection (a) of section 103 of

the National Defense Education Act of 1958, relating to definition

of State, is amended by striking out 'Hawaii,' each time it appears

therein.

"(2)(A) Paragraph (2), and subparagraph (C) of paragraph (3), of

subsection (a) of section 302 of such Act, relating to allotments

for science, mathematics, and foreign language instruction

equipment, are each amended by striking out 'continental United

States' each time it appears therein and inserting in lieu thereof

'United States'.

"(B) Effective in the case of promulgations of allotment ratios

made, under section 302 of such Act, after enactment of this Act

and before satisfactory data are available from the Department of

Commerce for a full year on the per capita income of Alaska,

subparagraph B of such paragraph (3) is amended to read:

" '(B) The term "United States" means the continental United

States (excluding Alaska and Hawaii)'.

"(C) Effective in the case of promulgations of allotment ratios

made under such section 302 after such data for a full year are

available from the Department of Commerce, subparagraph (B) of such

paragraph (3) is amended to read:

" '(B) The term "United States" means the fifty States and the

District of Columbia.'

"Promulgations of allotment ratios made under such section 302

after such data for a full year are available from the Department

of Commerce, but before such data are available therefrom for a

full three-year period, shall be based on such data for such one

full year, or when such data are available for a two-year period,

for such two years.

"(3) Section 1008 of such Act, relating to allotments to

territories, is amended by striking out 'Hawaii,'.

"(b)(1) Section 4 of the Act of March 10, 1924 (43 Stat. 18),

extending the benefits of the Smith-Hughes vocational education law

to Hawaii, is repealed.

"(2) The last sentence of section 2 of the Act of February 23,

1917 (39 Stat. 930), relating to allotments for salaries of

teachers of agricultural subjects, is amended by striking out

'$27,000' and inserting in lieu thereof '$28,500'. The last

sentence of section 4 of such Act, as amended, relating to

allotments for teacher training, is amended by striking out

'$98,500' and inserting in lieu thereof '$105,200'.

"(3) Paragraph (1) of section 2 of the Vocational Education Act

of 1946, relating to definition of States and Territories, is

amended by striking out 'the Territory of Hawaii,'.

"(4) Subsection (e) of section 210 and subsection (a) of section

307 of such Act, relating to definition of State are each amended

by striking out 'Hawaii,'.

"(c) Paragraph (13) of section 15 of the Act of September 23,

1950 (64 Stat. 967), as amended, relating to definition of State,

is amended by striking out 'Hawaii,'.

"(d)(1) The material in the parentheses in the first sentence of

subsection (d) of section 3 of the Act of September 30, 1950, as

amended, relating to determination of local contribution rate, is

amended to read: '(other than a local educational agency in Puerto

Rico, Wake Island, Guam, or the Virgin Islands, or in a State in

which a substantial proportion of the land is in unorganized

territory for which a State agency is the local educational agency,

or in a State in which there is only one local educational

agency)'.

"(2) The fourth sentence of such subsection is amended by

striking out 'in the continental United States (including Alaska)'

and inserting in lieu thereof '(other than Puerto Rico, Wake

Island, Guam, or the Virgin Islands)' and by striking out

'continental United States' in clause (ii) of such sentence and

inserting in lieu thereof 'United States (which for purposes of

this sentence and the next sentence means the fifty States and the

District of Columbia)'. The fifth sentence of such subsection is

amended by striking out 'continental' before 'United States' each

time it appears therein and by striking out '(including Alaska)'.

"(3) The last sentence of such subsection is amended by striking

out 'Hawaii,' and by inserting after 'for which a State agency is

the local educational agency,' the following: 'or in any State in

which there is only one local educational agency,'.

"(4) Paragraph (8) of section 9 of such Act, relating to

definition of State, is amended by striking out 'Hawaii,'.

"(e) Notwithstanding the last sentence of subsection (b) of

section 5 of the Act entitled 'An Act to provide for the admission

of the State of Hawaii into the Union', approved March 18, 1959 (73

Stat. 4; Public Law 86-3), there is hereby authorized to be

appropriated to the State of Hawaii the sum of $6,000,000. Amounts

appropriated under this subsection shall be held and considered to

be granted to such State subject to those provisions of the Act

entitled 'An Act donating public lands to the several States and

Territories which may provide colleges for the benefit of

agriculture and the mechanic arts', approved July 2, 1862 (7 U.S.C.

301-308), applicable to the proceeds from the sale of land or land

scrip.

"Sec. 15. [Importation of Milk and Cream.] Subsection (b) of

section 9 of the Act of February 15, 1927 (44 Stat. 1103), as

amended, is amended to read:

" '(b) The term "United States" means the fifty States and the

District of Columbia.'

"Sec. 16. [Opium Poppy Control.] Section 12 of the Opium Poppy

Control Act of 1942, as amended, is further amended by deleting

therefrom the words 'the Territory of Hawaii,'.

"Sec. 17. [Highways.] (a) The definition of the term 'State' in

title 23, United States Code, section 101(a), is amended to read as

follows:

" 'The term "State" means any one of the fifty States, the

District of Columbia, or Puerto Rico.'

"(b) Sections 103(g) and 105(e) of title 23, United States Code,

are repealed.

"(c) Section 103(d) of title 23, United States Code, is amended

to read as follows:

" '(d) The Interstate System shall be designated within the

United States, including the District of Columbia, and it shall not

exceed forty-one thousand miles in total extent. It shall be so

located as to connect by routes, as direct as practicable, the

principal metropolitan areas, cities, and industrial centers, to

serve the national defense and, to the greatest extent possible, to

connect at suitable border points with routes of continental

importance in the Dominion of Canada and the Republic of Mexico.

The routes of this system, to the greatest extent possible, shall

be selected by joint action of the State highway departments of

each State and the adjoining States, subject to the approval by the

Secretary as provided in subsection (e) of this section. All

highways or routes included in the Interstate System as finally

approved, if not already coincident with the primary system, shall

be added to said system without regard to the mileage limitation

set forth in subsection (b) of this section. This system may be

located both in rural and urban areas.'

"(d) Notwithstanding any other provision of law, for the purpose

of expediting the construction, reconstruction, or improvement,

inclusive of necessary bridges and tunnels, of the Interstate

System, including extensions thereof through urban areas,

designated in accordance with section 103(d) of title 23, United

States Code, as amended by section 1 of this Act, the sum of

$12,375,000 shall be apportioned to the State of Hawaii out of the

sum authorized to be appropriated for the Interstate System for the

fiscal year ending June 30, 1962, under the provisions of section

108(b) of the Federal-Aid Highway Act of 1956 (70 Stat. 374), as

amended by section 7(a) of the Federal-Aid Highway Act of 1958 (72

Stat. 89), such apportionment to be made at the same time such

funds are apportioned to other States. The total sum to be

apportioned under section 104(b)(5) of title 23, United States

Code, for the fiscal year ending June 30, 1962, among the States

other than Hawaii, shall be reduced by said sum apportioned to the

State of Hawaii under this section. The Secretary of Commerce shall

apportion funds to the State of Hawaii for the Interstate System

for the fiscal year 1963 and subsequent fiscal years pursuant to

the provisions of said section 104(b)(5) of title 23, United States

Code, and, in preparing the estimates required by that section, he

shall take into account the apportionment made to the State of

Hawaii under this section.

"(e) Section 127 of title 23, United States Code, is amended by

adding at the end thereof the following sentence: 'With respect to

the State of Hawaii, laws or regulations in effect on February 1,

1960, shall be applicable for the purposes of this section in lieu

of those in effect on July 1, 1956.'

"Sec. 18. [Internal Revenue.] (a) Section 4262(c)(1) of the

Internal Revenue Code of 1986 (relating to the definition of

'continental United States' for purposes of the tax on

transportation of persons) is amended to read as follows:

" '(1) Continental United States. - The term "continental

United States" means the District of Columbia and the States

other than Alaska and Hawaii.'

"(b) Section 2202 of the Internal Revenue Code of 1986 (relating

to missionaries in foreign service) is amended by striking out 'the

State, the District of Columbia, or Hawaii' and inserting in lieu

thereof 'the State or the District of Columbia'.

"(c) Section 3121(e)(1) of the Internal Revenue Code of 1986

(relating to a special definition of 'State') is amended by

striking out 'Hawaii,'.

"(d) Sections 3306(j) and 4233(b) of the Internal Revenue Code of

1986 (each relating to a special definition of 'State') are amended

by striking out 'Hawaii, and'.

"(e) Section 4221(d)(4) of the Internal Revenue Code of 1986

(relating to a special definition of 'State or local government')

is amended to read as follows:

" '(4) State or local government. - The term "State or local

government" means any State, any political subdivision thereof, or

the District of Columbia.'

"(f) Section 4502(5) of the Internal Revenue Code of 1986

(relating to definition of 'United States') is amended by striking

out 'the Territory of Hawaii,'.

"(g) Section 4774 of the Internal Revenue Code of 1986 (relating

to territorial extent of law) is amended by striking out 'the

Territory of Hawaii,'.

"(h) Section 7653(d) of the Internal Revenue Code of 1986

(relating to shipments from the United States) is amended by

striking out ', its possessions or the Territory of Hawaii' and

inserting in lieu thereof 'or its possessions'.

"(i) Section 7701(a)(9) of the Internal Revenue Code of 1986

(relating to definition of 'United States') is amended by striking

out ', the Territory of Hawaii,'.

"(j) Section 7701(a)(10) of the Internal Revenue Code of 1986

(relating to definition of 'State') is amended by striking out 'the

Territory of Hawaii and'.

"(k) The amendments contained in subsections (a) through (j) of

this section shall be effective as of August 21, 1959. (As amended

Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

"Sec. 19. [Courts; Kure Island.] Title 28, United States Code,

section 91, and the Act of June 15, 1950 (64 Stat. 217), as

amended, are each amended by striking out the words 'Kure Island,'.

"Sec. 20. [Vocational Rehabilitation Act; amendment.] (a)

Subsection (g) of section 11 of the Vocational Rehabilitation Act,

relating to definition of 'State', is amended by striking out

'Hawaii,'.

"(b)(1) Subsections (h) and (i) of such section, relating to

definition of allotment percentages and Federal shares for purposes

of allotment and matching for vocational rehabilitation services

grants, are each amended by striking out 'continental United

States' and inserting in lieu thereof 'United States' and by

striking out '(including Alaska)'.

"(2) Paragraph (1) of such subsection (h) is further amended by

striking out 'the allotment percentage for Hawaii shall be 50 per

centum, and' in clause (B).

"(3) Subsection (h) of such section is further amended by adding

at the end thereof the following new paragraphs:

" '(3) Promulgations of allotment percentages and computations of

Federal shares made before satisfactory data are available from the

Department of Commerce for a full year on the per capita income of

Alaska shall prescribe for Alaska an allotment percentage of 75 per

centum and a Federal share of 60 per centum and, for purposes of

such promulgations and computations, Alaska shall not be included

as part of the "United States". Promulgations and computations made

thereafter but before per capita income data for Alaska for a full

three-year period are available from the Department of Commerce

shall be based on satisfactory data available therefrom for Alaska

for such one full year or, when such data are available for a

two-year period, for such two years.

" '(4) The term "United States" means (but only for purposes of

this subsection and subsection (i)) the fifty States and the

District of Columbia.'

"(4) Subsection (i) of such section is further amended by

striking out 'the Federal share for Hawaii shall be 60 per centum,

and' in clause (B).

"Sec. 21. [Labor.] (a) Section 3(b) of the Act of June 6, 1933

(48 Stat. 114), as amended, is further amended by striking out the

words 'Hawaii, Alaska,'.

"(b) Section 13(f) of the Fair Labor Standards Act, as amended,

is further amended by striking out the words 'Alaska; Hawaii;'.

"(c) Section 17 of the Fair Labor Standards Act, as amended, is

further amended by striking out the words 'the District Court for

the Territory of Alaska,'.

"(d) Section 3(a)(9) of the Welfare and Pension Plans Disclosure

Act is amended by striking out the word 'Hawaii,'.

"Sec. 22. [National Guard.] Title 32, United States Code, section

101(1), is amended by striking out the words 'Hawaii or'.

"Sec. 23. [Water Pollution Control Act; amendment.] (a)(1)

Subsection (h) of section 5 of the Federal Water Pollution Control

Act, relating to Federal share for purposes of program operation

grants, is amended by striking out 'continental United States' and

inserting in lieu thereof 'United States', by striking out

'(including Alaska)', and by striking out, in clause (B) of

paragraph (1), 'for Hawaii shall be 50 per centum, and'.

"(2) Such subsection is further amended by adding at the end

thereof the following new paragraphs:

" '(3) As used in this subsection, the term "United States" means

the fifty States and the District of Columbia.

" '(4) Promulgations made before satisfactory data are available

from the Department of Commerce for a full year on the per capita

income of Alaska shall prescribe a Federal share for Alaska of 50

per centum and, for purposes of such promulgations, Alaska shall

not be included as part of the "United States." Promulgations made

thereafter but before per capita income data for Alaska for a full

three-year period are available for the Department of Commerce

shall be based on satisfactory data available therefrom for Alaska

for such one full year or when such data are available for a

two-year period, for such two years.'

"(b) Subsection (d) of section 11 of such Act, relating to

definition of 'State', is amended by striking out 'Hawaii,'.

"Sec. 24. [Coast and Geodetic Survey.] The first sentence of

section 1 of the Act of August 3, 1956 (70 Stat. 988), is amended

by striking out the words 'the several States' and inserting in

lieu thereof the words 'the States of the continental United

States, excluding Alaska.'

"Sec. 25. [Veterans' Administration.] (a) Title 33, United States

Code, section 624(a), is amended by striking out the words 'outside

the continental limits of the United States, or a Territory,

Commonwealth, or possession of the United States' and inserting in

lieu thereof 'outside any State'.

"(b) The first sentence of title 38, United States Code, section

903(b) [now 2303(b)], is amended to read as follows: 'In addition

to the foregoing, when such a death occurs in the continental

United States or Hawaii, the Administrator shall transport the body

to the place of burial in the continental United States or Hawaii.'

"(c) Title 38, United States Code, section 2007(c) [now 4107(c)],

is amended by striking out the word 'Hawaii,'.

"Sec. 26. [Davis-Bacon Act; amendment.] Section 1 of the Act of

March 3, 1931 (46 Stat. 1494), as amended, is further amended by

striking out the words ', the Territory of Alaska, the Territory of

Hawaii,' and the words ', or the Territory of Alaska, or the

Territory of Hawaii.'

"Sec. 27. [Federal Property and Administrative Services Act;

amendment.] The Federal Property and Administrative Services Act of

1949, as amended, is further amended by -

"(a) striking out the words 'continental United States

(including Alaska), Hawaii,' in section 3(f) and inserting in

lieu thereof the words 'States of the Union, the District of

Columbia,';

"(b) striking out the words 'continental United States, its

Territories, and possessions' in section 211(j) and inserting in

lieu thereof the words 'States of the Union, the District of

Columbia, Puerto Rico, and the possessions of the United States';

"(c) striking out the words 'continental limits of the United

States' in section 404(c) and inserting in lieu thereof the words

'States of the Union and the District of Columbia'; and

"(d) striking out the words 'and the Territory of Hawaii' in

section 702(a).

"Sec. 28. [Buy American Act; amendment.] Section 1(b) of title

III of the Act of March 3, 1933 (47 Stat. 1520), as amended, is

amended by striking out the word 'Hawaii,'.

"Sec. 29. [Public Health Service Act; amendment.] (a) Subsection

(f) of section 2 of the Public Health Service Act, relating to

definition of State, is amended by striking out 'Hawaii,'.

"(b) The first sentence of section 331 of such Act, relating to

receipt and treatment of lepers, is amended by striking out ',

Territory, or the District of Columbia'. The fifth sentence of such

section is amended by striking out 'the Territory of Hawaii' and

inserting in lieu thereof 'Hawaii'.

"(c) Subsection (c) of section 361 of such Act, relating to

regulations governing apprehension and detention of persons to

prevent the spread of a communicable disease, is amended by

striking out ', the Territory of Hawaii,'.

"(d)(1) Clause (2) of subsection (a) of section 631 of such Act,

relating to definition of allotment percentage for purposes of

allotments for construction of hospitals and other medical service

facilities, is amended by striking out 'the allotment percentage

for Hawaii shall be 50 per centum, and'.

"(2) Such subsection is further amended by striking out

'continental United States (including Alaska)' and inserting in

lieu thereof 'United States'.

"(3) Subsection (b) of such section, relating to promulgation of

allotment percentages, is amended by striking out 'continental

United States' and inserting in lieu thereof 'United States'. Such

subsection is further amended by inserting '(1)' after '(b)' and by

adding at the end thereof the following new paragraphs:

" '(2) The term "United States" means (but only for purposes of

this subsection and subsection (a)) the fifty States and the

District of Columbia;

" '(3) Promulgations made before satisfactory data are available

from the Department of Commerce for a full year on the per capita

income of Alaska shall prescribe an allotment percentage for Alaska

of 50 per centum and, for purposes of such promulgation, Alaska

shall not be included as part of the "United States". Promulgations

made thereafter but before per capita income data for Alaska for a

full three-year period are available from the Department of

Commerce shall be based on satisfactory data available therefrom

for Alaska for such one full year or, when such data are available

for a two-year period, for such two years;'.

"(4) Subsection (d) of such section, relating to definition of

State, is further amended by striking out 'Hawaii,'.

"Sec. 30. [Social Security Act; amendment.] (a)(1) Paragraph (8)

of subsection (a) of section 1101 of the Social Security Act,

relating to definition of Federal percentage for purposes of

matching for public assistance grants, is amended by striking out

'continental United States (including Alaska)' and inserting in

lieu thereof 'United States'.

"(2) Subparagraph (A) of such paragraph is further amended by

striking out '(i)' and by striking out ', and (ii) the Federal

percentage shall be 50 per centum for Hawaii'.

"(3) Such paragraph is further amended by adding after

subparagraph (B) the following new subparagraphs:

" '(C) The term "United States" means (but only for purposes of

subparagraphs (A) and (B) of this paragraph) the fifty States and

the District of Columbia.

" '(D) Promulgations made before satisfactory data are available

from the Department of Commerce for a full year on the per capita

income of Alaska shall prescribe a Federal percentage for Alaska of

50 per centum and, for purposes of such promulgations, Alaska shall

not be included as part of the "United States". Promulgations made

thereafter but before per capita income data for Alaska for a full

three-year period are available from the Department of Commerce

shall be based on satisfactory data available therefrom for Alaska

for such one full year or, when such data are available for a

two-year period, for such two years.'

"(b)(1) Subsections (a), (b), and (c) of section 524 of such Act,

relating to the definition of allotment percentages and Federal

shares for purposes of allotment and matching for child welfare

services grants, are each amended by striking out 'continental

United States (including Alaska)' and inserting in lieu thereof

'United States'.

"(2) Such section is further amended by adding after subsection

(c) the following new subsections:

" '(d) For purposes of this section, the term "United States"

means the fifty States and the District of Columbia.

" '(e) Promulgations made before satisfactory data are available

from the Department of Commerce for a full year on the per capita

income of Alaska shall prescribe a Federal share for Alaska of 50

per centum and, for purposes of such promulgations, Alaska shall

not be included as part of the "United States". Promulgations made

thereafter but before per capita income data for Alaska for a full

three-year period are available from the Department of Commerce

shall be based on satisfactory data available therefrom for Alaska

for such one full year or, when such data are available for a

two-year period, for such two years.'

"(c)(1) The last sentence of subsection (i) of section 202 of the

Social Security Act is amended by striking out 'forty-nine' and

inserting in lieu thereof 'fifty'.

"(2) Subsections (h) and (i) of section 210 of such Act relating

to definitions of State and United States for purposes of old-age,

survivors, and disability insurance, are each amended by striking

out 'Hawaii,'. Such subsection (h) is further amended by striking

out the comma after 'District of Columbia'.

"(d)(1) Paragraph (1) of subsection (a) of section 1101 of such

Act, relating to definition of State, is amended by striking out

'Hawaii and'.

"(2) Paragraph (2) of such subsection, as amended relating to

definition of 'United States', is amended by striking out ',

Hawaii,'.

"(e) Subparagraph (C) and (G) of paragraph (6) of subsection (d)

of section 218 of the Social Security Act, as amended, are each

further amended by striking out 'the Territory of' and 'or

Territory' each time they appear therein.

"(f) Subsection (p) of such section is amended by striking out

'Territory of'.

"(g) The last sentence of subsection (a) of section 1501 of the

Social Security Act is amended by striking out 'Alaska, Hawaii,'.

"Sec. 31. [Small Reclamation Projects.] The Small Reclamation

Projects Act of 1956 (70 Stat. 1044), as heretofore and hereafter

amended, shall apply to the State of Hawaii.

"Sec. 32. [Congressional Record.] Section 73 of the Act of

January 12, 1895 (28 Stat. 617), amended, is further amended by

striking out the word 'Hawaii,' [Repealed by Pub. L. 90-620, Sec.

3, Oct. 22, 1968, 82 Stat 1310].

"Sec. 33. [Federal Register.] Section 8 of the Federal Register

Act (49 Stat. 502), as amended, is further amended by striking out

the words 'continental United States (including Alaska)' and

inserting in lieu thereof the words 'States of the Union and the

District of Columbia' [Repealed by Pub. L. 90-620, Sec. 3, Oct. 22,

1968, 82 Stat. 1310].

"Sec. 34. [Home Port of Vessels.] Section 1 of the Act of

February 16, 1925 (43 Stat. 947), as amended, is further amended by

striking out the words 'Alaska, Hawaii, and'.

"Sec. 35. [Merchant Marine Act, 1936.] (a) Subsection (a) of

section 505 of the Merchant Marine Act, 1936, as amended, is

further amended by adding at the end thereof the following new

sentence: 'For the purposes of this subsection, the term

"continental limits of the United States" includes the States of

Alaska and Hawaii.'

"(b) Section 606 of such Act, as amended, is further amended by

adding at the end thereof the following new sentence: 'For the

purposes of this section, the term "continental limits of the

United States" includes the States of Alaska and Hawaii.'

"(c) Section 702 of such Act, as amended, is further amended by

adding at the end thereof the following new sentence: 'For the

purposes of this section, the term "continental United States"

includes the States of Alaska and Hawaii.'

"Sec. 36. [Communications Act; amendment.] Section 222(a)(10) of

the Communications Act of 1934, is amended by striking out the

words 'the several States and the District of Columbia' and

inserting in lieu thereof the words 'the District of Columbia and

the States of the Union, except Hawaii'.

"Sec. 37. [Aircraft Loan Guarantees.] Section 3 of the Act of

September 7, 1957 (71 Stat. 629), as amended, is further amended by

striking out the words 'Territory of Hawaii' and inserting in lieu

thereof the words 'State of Hawaii'.

"Sec. 38. [Real property transactions.] Section 43(c) of the Act

of August 10, 1956 (70A Stat. 636), as amended is further amended

by striking out the words 'United States, Hawaii,' and inserting in

lieu thereof the words 'States of the Union, the District of

Columbia,'.

"Sec. 39. [Selective service.] Section 16(b) of the Universal

Military Training and Service Act, as amended, is further amended

by striking out the word 'Hawaii,'.

"Sec. 40. [Reports on Federal Land Use.] The President shall

prescribe procedures to assure that the reports to be submitted to

him by Federal agencies pursuant to section 5(e) of the Act of

March 18, 1959 (73 Stat. 6), providing for the admission of the

State of Hawaii into the Union, shall be prepared in accordance

with uniform policies and coordinated within the executive branch.

"Sec. 41. [Hawaiian Homes Commission Lands.] Section 5(b) of the

Act of March 18, 1959 (73 Stat. 5), is amended by inserting,

immediately following the words 'public property' the words ', and

to all lands defined as "available lands" by section 203 of the

Hawaiian Homes Commission Act, 1920, as amended,'.

"Sec. 42. [Lease by United States of Public Property of Hawaii.]

Until August 21, 1964, there shall be covered into the treasury of

the State of Hawaii the rentals or consideration received by the

United States with respect to public property taken for the uses

and purposes of the United States under section 91 of the Hawaii

Organic Act and thereafter by the United States leased, rented, or

granted upon revocable permits to private parties.

"Sec. 43. [Transfer of Records.] (a) There are hereby transferred

to the State of Hawaii all records and other papers that were made

or received by any Federal or territorial agency, or any

predecessor thereof, in connection with the performance of

functions assumed in whole or in substantial part by the State of

Hawaii. There are hereby also transferred to the State of Hawaii

all records and other papers in the custody of the Public Archives

of Hawaii that were made or received by any Federal agency.

"(b) There are also hereby transferred to the State of Hawaii all

books, publications, and legal reference materials which are owned

by the United States and which were, prior to the admission of

Hawaii to the Union, placed in the custody of courts, libraries, or

territorial agencies in Hawaii in order to facilitate the

performance of functions conferred on such courts or agencies by

Federal law.

"Sec. 44. [Use of G.S.A. Services or Facilities.] The

Administrator of General Services is authorized to make available

to the State of Hawaii such services or facilities as are

determined by the Administrator to be necessary for an interim

period, pending provision of such services or facilities by the

State of Hawaii. Such interim period shall not extend beyond August

21, 1964. Payment shall be made to the General Services

Administration by the State of Hawaii for the cost of such services

or facilities to the Federal Government, as determined by the

Administrator.

"Sec. 45. [Purchase of Typewriters.] Title I of the Independent

Offices Appropriation Act, 1960, is amended by striking out the

words 'for the purchase within the continental limits of the United

States of any typewriting machines' and inserting in lieu thereof

'for the purchase within the States of the Union and the District

of Columbia of any typewriting machines'.

"Sec. 46. [Federal Maritime Board.] Section 18(a) of the Act of

March 18, 1959 (73 Stat. 12), providing for the admission of the

State of Hawaii into the Union, is amended by striking out the

words 'or is conferring' and inserting in lieu thereof the words

'or as conferring'.

"Sec. 47. [Effective Dates.] (a) The amendments made by section

14(a)(2)(A), by section 23(a), by paragraphs (1), (2), and (3) of

section 29(d), by subsection (b), and paragraphs (1) and (3) of

subsection (a), of section 30, and, except as provided in

subsection (g) of this section, by section 20(b) shall be

applicable in the case of promulgations or computations of Federal

shares, allotment percentages, allotment ratios, and Federal

percentages, as the case may be, made after August 21, 1959.

"(b) The amendments made by paragraph (2) of section 30(a) shall

be effective with the beginning of the calendar quarter in which

this Act is enacted. The Secretary of Health, Education, and

Welfare shall, as soon as possible after enactment of this Act,

promulgate a Federal percentage for Hawaii determined in accordance

with the provisions of subparagraph (B) of section 1101(a)(8) of

the Social Security Act, such promulgation to be effective for the

period beginning with the beginning of the calendar quarter in

which this Act is enacted and ending with the close of June 30,

1961.

"(c) The amendment made by paragraphs (1) and (2) of subsection

(b) and paragraphs (1), (2), and (3) of subsection (d) of section

14 shall be applicable in the case of fiscal years beginning after

June 30, 1960.

"(d) The amendments made by paragraphs (1) and (3) of section

14(a) shall be applicable, in the case of allotments under section

302(b) or 502 of the National Defense Education Act of 1958, for

fiscal years beginning after June 30, 1960, and, in the case of

allotments under section 302(a) of such Act, for fiscal years

beginning after allotment ratios, to which the amendment made by

paragraph (2) of section 14(a) is applicable, are promulgated under

such section 302(a).

"(e) The amendment made by section 30(c)(1) shall be applicable

in the case of deaths occurring on or after August 21, 1959.

"(f) The amendments made by subsection (c), paragraphs (3) and

(4) of subsection (b), and paragraph (4) of subsection (d) of

section 14, by section 20(a), by section 23(b), by subsections (a),

(b), and (c), and paragraph (4) of subsection (d), of section 29,

and by subsection (d), and paragraph (2) of subsection (c), of

section 30 shall become effective on August 21, 1959.

"(g)(1) The allotment percentage determined for Alaska under

section 11(h) of the Vocational Rehabilitation Act, as amended by

this Act, for the first, second, third, and fourth years for which

such percentage is based on the per capita income data for Alaska

shall be increased by 76 per centum, 64 per centum, 52 per centum,

and 28 per centum, respectively, of the difference between such

allotment percentage for the year involved and 75 per centum.

"(2) The Federal share for Alaska determined under section 11(i)

of the Vocational Rehabilitation Act, as amended by this Act, for

the first year for which such Federal share is based on per capita

income data for Alaska shall be increased by 70 per centum of the

difference between such Federal share for such year and 60 per

centum.

"(3) If such first year for which such Federal share is based on

per capita income data for Alaska is any fiscal year ending prior

to July 1, 1962, the adjusted Federal share for Alaska for such

year for purposes of section 2(b) of the Vocational Rehabilitation

Act shall notwithstanding the provisions of paragraph (3)(A) of

such section 2(b), be the Federal share determined pursuant to

paragraph (2) of this subsection.

"(4) Section 47(c) of the Alaska Omnibus Act (Public Law 86-70)

is repealed.

"Sec. 48. [Administration of Palmyra, Midway, and Wake Islands.]

Until Congress shall provide for the government of Palmyra Island,

Midway Island, and Wake Island, all executive and legislative

authority necessary for the civil administration of Palmyra Island,

Midway Island and Wake Island, and all judicial authority other

than that contained in the Act of June 15, 1950 (64 Stat. 217), as

amended, shall continue to be vested in such person or persons and

shall be exercised in such manner and through such agency or

agencies as the President of the United States may direct or

authorize. In the case of Palmyra Island, such person or persons

may confer upon the United States District Court for the District

of Hawaii such jurisdiction (in addition to that contained in such

Act of June 15, 1950), and such judicial functions and duties as he

or they may deem appropriate for the civil administration of such

island.

"Sec. 49. [Other Subjects.] The amendment by this Act of certain

statutes by deleting therefrom specific references to Hawaii or

such phrases as 'Territory of Hawaii' shall not be construed to

affect the applicability or inapplicability in or to Hawaii of

other statutes not so amended.

"Sec. 50. [Separability.] If any provision of this Act, or the

application thereof to any person or circumstances, is held

invalid, the remainder of this Act, and the application of such

provision to other persons or circumstances, shall not be affected

thereby."

CONVEYANCE OF CERTAIN SURPLUS FEDERAL LANDS IN HAWAII

PUB. L. 88-233, DEC. 23, 1963, 77 STAT. 472

"[Sec. 1. Procedure for conveyance to Hawaii of surplus Federal

lands held as ceded, Statehood, permit and Sand Island lands; terms

and conditions; monetary consideration; fair market value for

improvements; disposal under other applicable laws; proportional

payment of proceeds.] That (a)(i) whenever after August 21, 1964,

any of the public lands and other public property as defined in

section 5(g) of Public Law 86-3 (73 Stat. 4, 6) [set out as a note

above], or any lands acquired by the Territory of Hawaii and its

subdivisions, which are the property of the United States pursuant

to section 5(c) or become the property of the United States

pursuant to section 5(d) of Public Law 86-3, except the lands

administered pursuant to the Act of August 25, 1916 (39 Stat. 535),

as amended [sections 1 to 4 of Title 16, Conservation] and (ii)

whenever any of the lands of the United States on Sand Island,

including the reef lands in connection therewith, in the city and

county of Honolulu, are determined to be surplus property by the

Administrator of General Services (hereinafter referred to as the

"Administrator") with the concurrence of the head of the department

or agency exercising administration or control over such lands and

property, they shall be conveyed to the State of Hawaii by the

Administrator subject to the provisions of this Act.

"(b) Such lands and property shall be conveyed without monetary

consideration, but subject to such other terms and conditions as

the Administrator may prescribe: Provided, That, as a condition

precedent to the conveyance of such lands, the Administrator shall

require payment by the State of Hawaii of the estimated fair market

value, as determined by the Administrator, of any buildings,

structures, and other improvements erected and made on such lands

after they were set aside. In the event that the State of Hawaii

does not agree to any payment prescribed by the Administrator, he

may remove, relocate, and otherwise dispose of any such buildings,

structures, and other improvements under other applicable laws, or

if the Administrator determines that they cannot be removed without

substantial damage to them or the lands containing them, he may

dispose of them and the lands involved under other applicable laws,

but, in such cases he shall pay to the State of Hawaii that portion

of any proceeds from such disposal which he estimates to be equal

to the value of the lands involved. Nothing in this section shall

prevent the disposal by the Administrator under other applicable

laws of the lands subject to conveyance to the State of Hawaii

under this section if the State of Hawaii so chooses.

"Sec. 2. [Public trust; terms and conditions.] Any lands,

property, improvements, and proceeds conveyed or paid to the State

of Hawaii under section 1 of this Act shall be considered a part of

public trust established by section 5(f) of Public Law 86-3 [set

out above], and shall be subject to the terms and conditions of

that trust."

-EXEC-

PROC. NO. 3309. ADMISSION OF THE STATE OF HAWAII INTO THE UNION

Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74,

provided:

WHEREAS the Congress of the United States by the act approved on

March 18, 1959 (73 Stat. 4) [set out above], accepted, ratified,

and confirmed the constitution adopted by a vote of the people of

Hawaii in an election held on November 7, 1950, and provided for

the admission of the State of Hawaii into the Union on an equal

footing with the other States upon compliance with certain

procedural requirements specified in that act; and

WHEREAS it appears from the information before me that a majority

of the legal votes cast at an election on June 27, 1959, were in

favor of each of the propositions required to be submitted to the

people of Hawaii by section 7(b) of the act of March 18, 1959 [set

out above]; and

WHEREAS it further appears from information before me that a

general election was held on July 28, 1959, and that the returns of

the general election were made and certified as provided in the act

of March 18, 1959 [set out above]; and

WHEREAS the Governor of Hawaii has certified to me the results of

the submission to the people of Hawaii of the three propositions

set forth in section 7(b) of the act of March 18, 1959 [set out

above], and the results of the general election; and

WHEREAS I find and announce that the people of Hawaii have duly

adopted the propositions required to be submitted to them by the

act of March 18, 1959 [set out above], and have duly elected the

officers required to be elected by that act:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United

States of America, do hereby declare and proclaim that the

procedural requirements imposed by the Congress on the State of

Hawaii to entitle that State to admission into the Union have been

complied with in all respects and that admission of the State of

Hawaii into the Union on an equal footing with the other States of

the Union is now accomplished.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the

Seal of the United States of America to be affixed.

DONE at the City of Washington at four p.m. E.D.T. on this

twenty-first day of August in the year of our Lord nineteen

hundred and fifty-nine, and of the Independence of the United

States of America the one hundred and eighty-fourth.

Dwight D. Eisenhower.

[seal]

EX. ORD. NO. 11048. ADMINISTRATION OF WAKE ISLAND AND MIDWAY ISLAND

Ex. Ord. No. 11048, Sept. 4, 1962, 27 F.R. 8851, as amended by

Ex. Ord. No. 13022, Sec. 1, Oct. 31, 1996, 61 F.R. 56875, provided:

By virtue of the authority vested in me by section 48 of the

Hawaii Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L.

86-624) [set out above] and section 301 of title 3 of the United

States Code and as President of the United States, it is hereby

ordered as follows:

PART I - WAKE ISLAND

Section 101. The Secretary of the Interior shall be responsible

for the civil administration of Wake Island and all executive and

legislative authority necessary for that administration, and all

judicial authority respecting Wake Island other than the authority

contained in the act of June 15, 1950 (64 Stat. 217), as amended

(48 U.S.C. 644a), shall be vested in the Secretary of the Interior.

Sec. 102. The executive, legislative, and judicial authority

provided for in section 101 of this order (1) may be exercised

through such agency or agencies of the Department of the Interior,

or through such officers or employees under the jurisdiction of the

Secretary of the Interior, as the Secretary may direct or

authorize, (2) may be exercised through such agency or agencies,

other than or not in the Department of the Interior, or through

such officers or employees of the United States not under the

administrative supervision of the Secretary, for such time and

under such conditions as may be agreed upon between the Secretary

and such agency, agencies, officers or employees of the United

States, and (3) shall be exercised in such manner as the Secretary,

or any person or persons acting under the authority of the

Secretary, may direct or authorize.

Sec. 103. Executive Order No. 6935 of December 29, 1934, to the

extent that it pertains to Wake Island, is hereby superseded.

PART II - MIDWAY ISLAND

[Superseded by Ex. Ord. No. 13022, Sec. 1, Oct. 31, 1996, 61 F.R.

56875]

PART III - MISCELLANEOUS PROVISIONS

Section 301. The provisions of each of the foregoing Parts of

this order shall continue in force until the Congress shall provide

for the civil administration of the affected Island or until such

earlier time as the President may specify.

Sec. 302. As used herein, the terms "Wake Island" and "Midway

Island" include the reefs appurtenant to, and the territorial

waters of, Wake Island and Midway Island, respectively.

Sec. 303. To the extent that any prior Executive order or

proclamation is inconsistent with the provisions of this order,

this order shall control.

Sec. 304. This order shall not be deemed to affect Executive

Order No. 9709 of March 29, 1946, or Executive Order No. 9797 of

November 6, 1946.

Sec. 305. Nothing in this order shall be deemed to reduce, limit,

or otherwise modify the authority or responsibility of the Attorney

General to represent the legal interests of the United States in

civil or criminal cases arising under the provisions of the act of

June 15, 1950.

EX. ORD. NO. 13022. ADMINISTRATION OF THE MIDWAY ISLANDS

Ex. Ord. No. 13022, Oct. 31, 1996, 61 F.R. 56875, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 48

of the Hawaii Omnibus Act, Public Law 86-624 [set out above], and

section 301 of title 3, United States Code, it is hereby ordered as

follows:

Section 1. The Midway Islands, Hawaiian group, and their

territorial seas, located approximately between the parallels of 28

degrees 5 minutes and 28 degrees 25 minutes North latitude and

between the meridians of 177 degrees 10 minutes and 177 degrees 30

minutes West longitude, were placed under the jurisdiction and

control of the Department of the Navy by the provisions of

Executive Order 199-A of January 20, 1903, and Part II of Executive

Order 11048 of September 4, 1962, and are hereby transferred to the

jurisdiction and control of the Department of the Interior. The

provisions of Executive Order 199-A of January 20, 1903, and the

provisions of Executive Order 11048 of September 4, 1962, that

pertain to the Midway Islands are hereby superseded.

Sec. 2. The Midway Islands Naval Defensive Sea Area and the

Midway Islands Naval Airspace Reservation are hereby dissolved. The

provisions of Executive Order 8682 of February 14, 1941, as amended

by Executive Order 8729 of April 2, 1941, are hereby superseded.

Sec. 3. (a) The Secretary of the Interior, through the United

States Fish and Wildlife Service, shall administer the Midway

Islands as the Midway Atoll National Wildlife Refuge in a manner

consistent with Executive Order 12996 of March 25, 1996 [16 U.S.C.

668dd note], for the following purposes:

(1) maintaining and restoring natural biological diversity within

the refuge;

(2) providing for the conservation and management of fish and

wildlife and their habitats within the refuge;

(3) fulfilling the international treaty obligations of the United

States with respect to fish and wildlife;

(4) providing opportunities for scientific research,

environmental education, and compatible wildlife dependent

recreational activities; and

(5) in a manner compatible with refuge purposes, shall recognize

and maintain the historic significance of the Midway Islands

consistent with the policy stated in Executive Order 11593 of May

13, 1971 [16 U.S.C. 470 note].

(b) The Secretary of the Interior shall be responsible for the

civil administration of the Midway Islands and all executive and

legislative authority necessary for that administration, and all

judicial authority respecting the Midway Islands other than the

authority contained in 48 U.S.C. 644a.

Sec. 4. Any civil or criminal proceeding that is pending under

the Midway Islands Code, 32 CFR Part 762, upon the date of this

order, shall remain under the jurisdiction of the Secretary of the

Navy. Actions arising after the date of this order are the

responsibility of the Secretary of the Interior and shall be

administered pursuant to regulations promulgated by the Secretary

of the Interior.

Sec. 5. To the extent that any prior Executive order or

proclamation is inconsistent with the provisions of this order,

this order shall control.

Sec. 6. Nothing in this order shall be deemed to reduce, limit,

or otherwise modify the authority or responsibility of the Attorney

General of the United States to represent the legal interests of

the United States in civil or criminal cases arising under the

provisions of 48 U.S.C. 644a.

William J. Clinton.

DELEGATION OF FUNCTIONS

Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, under which the

functions of the President under section 5(e) of the Hawaii

Statehood Act of Mar. 18, 1959, [set out above], were delegated to

the Director of the Bureau of the Budget [now Director of Office of

Management and Budget], was superseded by Ex. Ord. No. 11609, July

22, 1971, 36 F.R. 13747, set out under section 301 of Title 3, The

President.

-End-

-CITE-

48 USC Secs. 491 to 503 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 491 to 503. Omitted

-COD-

CODIFICATION

Sections 491 to 503, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 491, act Apr. 30, 1900, ch. 339, Sec. 2, 31 Stat. 141,

gave name Territory of Hawaii to Hawaiian Islands.

Section 492, act Apr. 30, 1900, ch. 339, Sec. 3, 31 Stat. 141,

established a Territorial government with its capital at Honolulu.

Section 493, act Apr. 30, 1900, ch. 339, Sec. 1, 31 Stat. 141,

defined "the laws of Hawaii" as used in this chapter.

Section 494, act Apr. 30, 1900, ch. 339, Sec. 4, 31 Stat. 141,

granted United States citizenship to citizens of former Republic of

Hawaii and Territorial citizenship to United States citizens

resident in Territory under certain conditions.

Section 495, acts Apr. 30, 1900, ch. 339, Sec. 5, 31 Stat. 141;

May 27, 1910, ch. 258, Sec. 1, 36 Stat. 443; Apr. 12, 1930, ch.

136, Sec. 1(a), 46 Stat. 160; June 6, 1932, ch. 209, Sec. 116(b),

47 Stat. 205, made applicable to Territory the United States

Constitution and all other laws of the United States including laws

carrying general appropriations.

Section 496, act Apr. 30, 1900, ch. 339, Sec. 6, 31 Stat. 142,

continued in force laws of Hawaii not inconsistent with the

Constitution or laws of the United States.

Section 497, act Apr. 30, 1900, ch. 339, Sec. 74, 31 Stat. 155,

continued in force laws of Hawaii relating to agriculture and

forestry subject to modification by Congress or the Legislature.

Section 498, act Apr. 30, 1900, ch. 339, Sec. 102, 31 Stat. 161,

related to abolishment of laws related to postal savings banks.

Section 499, Joint Res. July 7, 1898, No. 55, Sec. 1, 30 Stat.

751, provided for assumption of public debt of Hawaii existing on

July 7, 1898, not to exceed $4,000,000.

Section 500, act Apr. 30, 1900, ch. 339, Sec. 9, 31 Stat. 143,

amended the laws of Hawaii to read "Governor of the Territory" or

"Territory" as the context required whenever reference was made to

"President of the Republic" or "Republic" in the laws.

Section 501, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143,

continued in effect and transferred to Territory of Hawaii prior

rights in favor and against the former Republic of Hawaii and

preserved all criminal proceedings.

Section 502, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143,

prohibited suits for specific performance of personal labor

contracts.

Section 503, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143,

provided that contracts made between Apr. 12, 1898, and Apr. 30,

1900, providing for service for a definite term, should be null and

void.

-End-

-CITE-

48 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 504. Repealed. June 27, 1952, ch. 477, title IV, Sec.

403(a)(6), 66 Stat. 279

-MISC1-

Section, act Apr. 30, 1900, ch. 339, Sec. 10, 31 Stat. 143,

related to applicability of immigration contract labor law. See

section 1151 et seq. of Title 8, Aliens and Nationality.

-End-

-CITE-

48 USC Secs. 505 to 518 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 505 to 518. Omitted

-COD-

CODIFICATION

Sections 505 to 518, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 505, act Apr. 30, 1900, ch. 339, Sec. 11, 31 Stat. 144,

prescribed the style of process in courts.

Section 506, act Apr. 30, 1900, ch. 339, Secs. 95, 96, 31 Stat.

160, made certain fisheries free to United States citizens subject

to vested rights.

Section 507, act Apr. 30, 1900, ch. 339, Sec. 96, 31 Stat. 160,

provided for condemnation of private fishing rights.

Section 508, acts Apr. 30, 1900, ch. 339, Sec. 97, 31 Stat. 160;

July 1, 1944, ch. 373, title IX, Sec. 913, formerly title VI, Sec.

611, 58 Stat. 714, provided that jurisdiction of health laws remain

under the control of Territory of Hawaii.

Section 509, act Apr. 30, 1900, ch. 339, Sec. 98, 31 Stat. 161,

allowed American registry of Hawaiian-registered vessels.

Section 510, acts Apr. 30, 1900, ch. 339, Sec. 89, 31 Stat. 159;

Aug. 4, 1949, ch. 393, Secs. 1, 20, 63 Stat. 496, 561; June 29,

1954, ch. 418, 68 Stat. 323, placed control of wharves and landings

under Territory of Hawaii.

Section 511, acts Apr. 30, 1900, ch. 339, Sec. 91, 31 Stat. 159;

May 27, 1910, ch. 258, Sec. 7, 36 Stat. 447; June 19, 1930, ch.

546, 46 Stat. 789; Aug. 21, 1958, Pub. L. 85-719, Sec. 1, 72 Stat.

709, gave to Territory of Hawaii control of public property ceded

to United States by Republic of Hawaii and allowed transfer of

title to political subdivisions of Territory.

Section 512, act May 26, 1906, ch. 2561, 34 Stat. 204, made

provision for sale, lease, or disposal of personal or movable

property ceded to the United States.

Section 513, act Jan. 14, 1903, ch. 186, Secs. 1, 2, 32 Stat.

770, called for recoinage of Hawaiian silver coins into subsidiary

silver coins of the United States.

Section 514, act Jan. 14, 1903, ch. 186, Sec. 3, 32 Stat. 771,

allowed any collector of customs or internal revenue to exchange

United States coins in his custody for Hawaiian coins under

regulations of Secretary of the Treasury.

Section 515, act Jan. 14, 1903, ch. 186, Sec. 4, 32 Stat. 771,

allowed recoinage of mutilated or abraded Hawaiian coins into

subsidiary coinage of the United States by any mint of the United

States.

Section 516, act Jan. 14, 1903, ch. 186, Sec. 6, 32 Stat. 771,

made unlawful circulation as money of any silver certificate issued

by government of Hawaiian Islands prior to Jan. 14, 1903.

Section 517, act Jan. 14, 1903, ch. 186, Sec. 7, 32 Stat. 771,

limited redemption of Hawaiian silver certificates or silver coin

to redemption in manner and upon conditions set for recoinage of

Hawaiian silver.

Section 518, act Apr. 30, 1900, ch. 3390, Sec. 105, as added July

9, 1921, ch. 42, Sec. 315, 42 Stat. 120, prohibited employment as a

mechanic or laborer on any public work of persons not citizens of

the United States or eligible for such citizenship.

-End-

-CITE-

48 USC Sec. 518a 01/06/03

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TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 518a. Repealed. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449

-MISC1-

Section, act Jan. 2, 1942, ch. 646, 55 Stat. 881, related to

employment of nationals of the United States on public works in

Hawaii during the national emergency.

-End-

-CITE-

48 USC Sec. 519 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 519. Omitted

-COD-

CODIFICATION

Section, acts Apr. 30, 1900, ch. 339, Sec. 55, 31 Stat. 150; May

27, 1910, ch. 258, Sec. 4, 36 Stat. 444; July 9, 1921, ch. 42, Sec.

302, 42 Stat. 116; June 6, 1926, ch. 512, Secs. 1, 2, 44 Stat. 710,

711, which required two-year residence for grant of a divorce, was

omitted in view of admission of Hawaii into the Union.

-End-

-CITE-

48 USC Sec. 520 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 520. Repealed. Mar. 26, 1934, ch. 88, Sec. 1, 48 Stat. 467

-MISC1-

Section, act May 23, 1918, ch. 84, Sec. 1, 40 Stat. 560,

prohibited manufacture, sale, transport, etc., of intoxicating

liquors.

-End-

-CITE-

48 USC Secs. 531 to 535 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 531 to 535. Omitted

-COD-

CODIFICATION

Sections 531 to 535, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 531, acts Apr. 30, 1900, ch. 339, Sec. 66, 31 Stat. 153;

July 9, 1921, ch. 42, Sec. 303, 42 Stat. 116, vested executive

power in a governor and set out his age and residence requirements,

appointment, term, and powers in general.

Section 532, act Apr. 30, 1900, ch. 339, Sec. 67, 31 Stat. 153,

made governor responsible for the execution of all laws and granted

him other executive powers.

Section 533, act Apr. 30, 1900, ch. 339, Sec. 68, 31 Stat. 153,

vested in governor powers and duties of specified former officials.

Section 534, acts Apr. 30, 1900, ch. 339, Sec. 69, 31 Stat. 154;

July 2, 1932, ch. 389, 47 Stat. 565; Aug. 21, 1958, Pub. L. 85-714,

72 Stat. 707, called for appointment of a Secretary of Hawaii and

set out powers and duties of his office.

Section 535, act Apr. 30, 1900, ch. 339, Sec. 70, 31 Stat. 154,

called for secretary to perform duties of governor in event of

governor's death, removal, resignation, or disability.

-End-

-CITE-

48 USC Sec. 536 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 536. Repealed. Pub. L. 86-3, Sec. 14(e), Mar. 18, 1959, 73

Stat. 10

-MISC1-

Section, acts Apr. 30, 1900, ch. 339, Sec. 92, 31 Stat. 159; May

27, 1910, ch. 258, Sec. 8, 36 Stat. 448; July 9, 1921, ch. 42, Sec.

314, 42 Stat. 120; Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 680,

prescribed salary of governor and secretary of Territory of Hawaii,

and specified incidental expenses of governor.

-End-

-CITE-

48 USC Secs. 537, 538 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 537, 538. Omitted

-COD-

CODIFICATION

Sections 537 and 538, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 537, act Apr. 30, 1900, ch. 339, Sec. 71, 31 Stat. 154,

prescribed powers and duties of attorney general of Hawaii.

Section 538, act Apr. 30, 1900, ch. 339, Sec. 72, 31 Stat. 154,

prescribed powers and duties of treasurer of Hawaii.

-End-

-CITE-

48 USC Sec. 539 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 539. Repealed. Pub. L. 86-3, Sec. 14(e), Mar. 18, 1959, 73

Stat. 10

-MISC1-

Section, acts Apr. 30, 1900, ch. 339, Sec. 92, 31 Stat. 159; May

27, 1910, ch. 258, Sec. 8, 36 Stat. 448; July 9, 1921, ch. 42, Sec.

314, 42 Stat. 120, authorized governor to employ a private

secretary at an annual salary of $3,000.

-End-

-CITE-

48 USC Sec. 540 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 540. Omitted

-COD-

CODIFICATION

Section, act Apr. 30, 1900, ch. 339, Sec. 75, 31 Stat. 155, which

prescribed powers and duties of superintendent of public works, was

omitted in view of admission of Hawaii into the Union.

-End-

-CITE-

48 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 541. Repealed. Pub. L. 96-470, title I, Sec. 110, Oct. 19,

1980, 94 Stat. 2239

-MISC1-

Section, acts Apr. 30, 1900, ch. 339, Sec. 76, 31 Stat. 155; Apr.

8, 1904, ch. 948, 33 Stat. 164; Mar. 4, 1913, ch. 141, Sec. 3, 37

Stat. 737, prescribed powers and duties of the superintendent of

public instruction.

-End-

-CITE-

48 USC Secs. 542 to 546 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 542 to 546. Omitted

-COD-

CODIFICATION

Sections 542 to 546, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 542, acts Apr. 30, 1900, ch. 339, Sec. 77, 31 Stat. 156;

Aug. 1, 1956, ch. 862, Sec. 1, 70 Stat. 920, created posts of

auditor and deputy auditor and prescribed their powers and duties.

Section 542a, act Apr. 30, 1900, ch. 339, Sec. 77A, as added Aug.

1, 1956, ch. 862, Sec. 2, 70 Stat. 920, created position of post

auditor and set out his duties, term, and powers.

Section 543, act Apr. 30, 1900, ch. 339, Sec. 78, 31 Stat. 156,

prescribed powers and duties of surveyor.

Section 544, act Apr. 30, 1900, ch. 339, Sec. 79, 31 Stat. 156,

prescribed powers and duties of high sheriff and deputies.

Section 545, act Apr. 30, 1900, ch. 339, Sec. 106, as added July

9, 1921, ch. 42, Sec. 315, 42 Stat. 121, and amended Aug. 14, 1958,

Pub. L. 85-650, Sec. 1, 72 Stat. 606, prescribed powers and duties

of board of harbor commissioners and called for board supervision

of moneys appropriated for harbor improvements.

Section 546, acts Apr. 30, 1900, ch. 339, Sec. 80, 31 Stat. 156;

Mar. 3, 1905, ch. 1465, Sec. 2, 33 Stat. 1035; July 9, 1921, ch.

42, Sec. 312, 42 Stat. 119; Aug. 1, 1956, ch. 862, Sec. 1, 70 Stat.

920; Aug. 28, 1958, Pub. L. 85-793, Secs. 1, 2, 72 Stat. 957, dealt

with nomination and appointment of officers by governor and

provided for their terms and salaries.

-End-

-CITE-

48 USC Secs. 561 to 599 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 561 to 599. Omitted

-COD-

CODIFICATION

Sections 561 to 599, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 561, act Apr. 30, 1900, ch. 339, Sec. 12, 31 Stat. 144,

called for a bicameral legislature for Territory consisting of a

senate and house of representatives.

Section 562, acts Apr. 30, 1900, ch. 339, Sec. 55, 31 Stat. 150;

May 27, 1910, ch. 258, Sec. 4, 36 Stat. 444; July 9, 1921, ch. 42,

Sec. 302, 42 Stat. 116; June 9, 1926, ch. 512, Secs. 1, 2, 44 Stat.

710, 711; Aug. 1, 1956, ch. 851, Sec. 7, 70 Stat. 907; Aug. 20,

1958, Pub. L. 85-691, Sec. 3, 72 Stat. 685, described scope of

legislative power.

Section 562a, act July 15, 1935, ch. 378, Sec. 1, 49 Stat. 479,

authorized issuance of revenue bonds by legislature and empowered

legislature to authorize issuance of bonds by political or

municipal corporations or subdivisions.

Section 562b, act July 15, 1935, ch. 378, Sec. 2, 49 Stat. 480,

empowered legislature to authorize city and county of Honolulu to

issue flood control bonds.

Section 562c, act July 15, 1935, ch. 378, Sec. 3, 49 Stat. 480,

approved, ratified, and confirmed issuance of revenue bonds which

had been authorized by legislature prior to July 15, 1935.

Section 562c-1, act Apr. 3, 1944, ch. 154, 58 Stat. 186, ratified

and confirmed legislative action which had extended time within

which revenue bonds could be issued without presidential approval

and without reference to Hawaiian Organic Act.

Section 562c-2, act July 30, 1947, ch. 396, 61 Stat. 676,

ratified and confirmed legislative action which had extended time

within which revenue bonds could be issued without presidential

approval and without reference to Hawaiian Organic Act.

Section 562d, act Aug. 31, 1935, ch. 436, Sec. 1, 49 Stat. 516,

empowered legislature to authorize issuance of revenue bonds by

political or municipal corporations or subdivisions of Territory

and confirmed and ratified acts of legislature prior to Aug. 3,

1935, which authorized issuance of revenue bonds.

Section 562e, acts Aug. 3, 1935, ch. 436, Sec. 2, 49 Stat. 517;

May 28, 1937, ch. 274, 50 Stat. 211; July 10, 1937, ch. 486, 50

Stat. 509, authorized Territory to issue public improvement bonds.

Section 562e-1, act June 29, 1954, ch. 417, 68 Stat. 322,

ratified and confirmed Revenue Bond Act of 1935, as amended,

through the 1953 regular session of legislature.

Section 562f, act July 10, 1937, ch. 485, 50 Stat. 508,

authorized issuance of public improvement bonds by Territory.

Section 562g, acts July 10, 1937, ch. 484, 50 Stat. 508; July 18,

1950, title II, Sec. 202(a), 64 Stat. 345, authorized legislature

to establish authorities for slum clearance and housing projects,

made provision for issuance of bonds therefor, ratified and

confirmed prior legislation on subject, and provided that powers

granted should not be in derogation of other powers granted by

other laws.

Section 562h, act July 10, 1937, ch. 483, Sec. 1, 50 Stat. 507,

empowered legislature to authorize city and county of Honolulu to

issue general obligation bonds to permit construction of a sewer

system.

Section 562i, act July 10, 1937, ch. 483, Sec. 2, 50 Stat. 507,

dealt with nature of Honolulu sewer system bonds and provided for

their maturity.

Section 562j, act July 10, 1937, ch. 483, Sec. 3, 50 Stat. 507,

ratified and confirmed action taken by legislature in its 1937

session pertaining to issuance of sewer bonds.

Section 562k, act July 18, 1947, ch. 265, 61 Stat. 381, permitted

legislature to authorize issue of additional general obligation

bonds by city and county of Honolulu for construction of a sewer

system and ratified actions taken in 1947 session of legislature

pertaining to issuance of sewer system bonds.

Section 562l, act July 15, 1947, ch. 250, 61 Stat. 326,

authorized and empowered Territory to issue public improvement

bonds during 1947-1951 and provided for maturity of such bonds and

their issuance without presidential approval.

Section 562m, act Oct. 26, 1949, ch. 754, Secs. 1-3, 63 Stat.

926, authorized and empowered Territory to issue public improvement

bonds during 1949-1955, and provided for their maturity and

issuance without presidential approval.

Section 562n, acts Aug. 24, 1954, ch. 889, Secs. 1-3, 68 Stat.

782; July 14, 1956, ch. 606, Sec. 1, 70 Stat. 552; Aug. 20, 1958,

Pub. L. 85-691, Sec. 1, 72 Stat. 685, empowered legislature to

authorize issuance of general obligation bonds for veterans'

mortgages and provided for their limitation, maturity, and

ratification.

Section 562o, acts Aug. 24, 1954, ch. 892, Secs. 1, 3, 4, 68

Stat. 785; July 14, 1956, ch. 606, Sec. 2, 70 Stat. 552; Aug. 20,

1958, Pub. L. 85-691, Sec. 2, 72 Stat. 685, ratified and confirmed

issuance of public improvement bonds issued during 1954 to 1959 and

limited maturity date of such bonds.

Section 562p, act Aug. 24, 1954, ch. 896, Secs. 1-3, 68 Stat.

787, empowered legislature to authorize city and county of Honolulu

to issue public improvement bonds for construction of sewerage

systems in Honolulu.

Section 562q, act Aug. 24, 1954, ch. 898, Secs. 1-3, 68 Stat.

788, empowered legislature to authorize city and county of Honolulu

to issue public improvement bonds for construction of flood-control

and drainage systems in Honolulu.

Section 562r, act July 11, 1956, ch. 567, Secs. 1-3, 70 Stat.

526, ratified and confirmed issuance of general obligation bonds by

city and county of Honolulu and authorized issuance of additional

bonds, setting a limit on size of such issue.

Section 562s, act July 14, 1956, ch. 602, Sec. 1, 70 Stat. 545,

authorized Territory to issue revenue bonds for highway

construction payable from funds derived from highway vehicle fuel

taxes.

Section 562t, act July 14, 1956, ch. 602, Sec. 2, 70 Stat. 545,

set out certain requirements for bonds issued under section 562s.

Section 562u, act July 14, 1956, ch. 602, Sec. 3, 70 Stat. 545,

allowed application of federal-aid highway funds to aid in

retirement of highway bonds.

Section 562v, act July 14, 1956, ch. 602, Sec. 4, 70 Stat. 545,

defined "highway fuel taxes" as used in sections 562s-562v.

Section 562w, Pub. L. 85-534, Sec. 2, July 18, 1958, 72 Stat.

379, authorized Territory to issue aviation revenue bonds, set out

requirements and limitations thereof, allowed for retirement

thereof with Federal funds, and defined "aviation fuel taxes".

Section 563, acts Apr. 30, 1900, ch. 339, Sec. 56, 31 Stat. 151;

Mar. 3, 1905, ch. 1465, Sec. 1, 33 Stat. 1035, empowered

legislature to create town and city municipalities and provide for

government thereof.

Section 564, act Apr. 30, 1900, ch. 339, Sec. 13, 31 Stat. 144,

prohibited persons from sitting as senators and representatives in

legislature except in conformity with statutory provisions

therefor.

Section 565, acts Apr. 30, 1900, ch. 339, Sec. 30, 31 Stat. 146;

Aug. 1, 1956, ch. 851, Sec. 1, 70 Stat. 903, provided for number of

senators and for the length of their term.

Section 566, acts Apr. 30, 1900, ch. 339, Sec. 34, 31 Stat. 147;

Sept. 15, 1922, ch. 315, 42 Stat. 844, set out age, citizenship,

and residence requirements of senators.

Section 567, act Apr. 30, 1900, ch. 339, Sec. 31, 31 Stat. 146,

called for filling of vacancies in senate caused by death,

resignation, or otherwise through general or special elections.

Section 568, acts Apr. 30, 1900, ch. 339, Sec. 32, 31 Stat. 147;

Aug. 1, 1956, ch. 851, Sec. 2, 70 Stat. 903, divided Territory into

senatorial districts.

Section 569, acts Apr. 30, 1900, ch. 339, Sec. 32, 31 Stat. 147;

Aug. 1, 1956, ch. 851, Sec. 3, 70 Stat. 903, apportioned senators

between various senatorial districts.

Section 570, acts Apr. 30, 1900, ch. 339, Sec. 35, 31 Stat. 147;

Aug. 1, 1956, ch. 851, Sec. 4, 70 Stat. 903, set out number of

representatives and called for their election by qualified voters

of respective representative districts.

Section 571, acts Apr. 30, 1900, ch. 339, Sec. 40, 31 Stat. 148;

Sept. 15, 1922, ch. 315, 42 Stat. 844, stated age, citizenship, and

residence requirements of representatives.

Section 572, act Apr. 30, 1900, ch. 339, Sec. 36, 31 Stat. 147,

placed term of office of representatives as period between their

election at a general or special election and next general election

held thereafter.

Section 573, act Apr. 30, 1900, ch. 339, Sec. 37, 31 Stat. 147,

directed that vacancies in house of representatives caused by

death, resignations, or otherwise be filled by special elections.

Section 574, acts Apr. 30, 1900, ch. 339, Sec. 38, 31 Stat. 147;

Aug. 1, 1956, ch. 851, Sec. 5, 70 Stat. 906, divided Territory into

representative districts.

Section 575, acts Apr. 30, 1900, ch. 339, Sec. 30, 31 Stat. 148;

Aug. 1, 1956, ch. 851, Sec. 6, 70 Stat. 906, apportioned

representatives between the representative districts.

Section 576, acts Apr. 30, 1900, ch. 339, Secs. 41-43, 31 Stat.

148; Aug. 20, 1958, Pub. L. 85-690, Secs. 1, 2, 72 Stat. 684, set

date for regular and budget sessions, commencement, duration, and

adjournment, and budget session agenda.

Section 577, act Apr. 30, 1900, ch. 339, Sec. 44, 31 Stat. 148,

set out enacting clause of all laws and required that all

legislative sessions be conducted in English language.

Section 578, act Apr. 30, 1900, ch. 339, Sec. 45, 31 Stat. 148,

required that each law embrace but one subject and that its subject

be expressed in its title.

Section 579, act Apr. 30, 1900, ch. 339, Sec. 46, 31 Stat. 148,

covered passage of bills on three readings on separate days and

final passage by a majority vote of all members to which each house

is entitled taken by ayes and noes and entered upon journal.

Section 580, act Apr. 30, 1900, ch. 339, Sec. 47, 31 Stat. 149,

provided for certification of bills by the presiding officer or

clerk of the house just passed and immediate submission to other

house for consideration.

Section 581, act Apr. 30, 1900, ch. 339, Sec. 49, 31 Stat. 149,

made provision for veto or approval of bills and allowed veto of

specific items in appropriation bills while requiring veto of all

other bills only in their entirety.

Section 582, act Apr. 30, 1900, ch. 339, Sec. 48, 31 Stat. 149,

required signature of governor to make valid all bills passed by

legislature except as otherwise provided.

Section 583, act Apr. 30, 1900, ch. 339, Sec. 50, 31 Stat. 149,

set out procedure to be followed by legislature in event of a veto

by governor.

Section 584, act Apr. 30, 1900, ch. 339, Sec. 51, 31 Stat. 149,

set out effect to be given governor's failure to sign, veto, or

return a bill passed by legislature and sent to him.

Section 585, acts Apr. 30, 1900, ch. 339, Sec. 52, 31 Stat. 149;

May 27, 1910, ch. 258, Sec. 3, 36 Stat. 444, required that

appropriation be made by legislature except as otherwise provided.

Section 586, acts Apr. 30, 1900, ch. 339, Sec. 53, 31 Stat. 149;

Aug. 20, 1958, Pub. L. 85-690, Sec. 3, 72 Stat. 684, required

governor to submit to legislative estimates of appropriations for

succeeding biennial period or for succeeding fiscal year in event

of an additional regular session of legislature.

Section 587, act Apr. 30, 1900, ch. 339, Sec. 54, 31 Stat. 150,

made provision for calling of an extra session of the legislature

and payment by treasurer of current expenses in event of failure of

legislature to pass appropriation bills covering necessary current

expenses.

Section 588, acts Apr. 30, 1900, ch. 339, Sec. 16, 31 Stat. 145;

Oct. 26, 1949, ch. 752, 63 Stat. 926, prohibited appointment or

election of a member of legislature to any office of Territory

during term for which he was elected.

Section 589, act Apr. 30, 1900, ch. 339, Sec. 17, 31 Stat. 145,

made ineligible to hold office of member of legislature any person

holding office in or under or by authority of Government of United

States or Territory of Hawaii.

Section 590, act Apr. 30, 1900, ch. 339, Sec. 18, 31 Stat. 145,

made ineligible to vote for or hold office in legislature all idiot

or insane persons, persons expelled from legislature for bribery,

and persons convicted of criminal offenses punishable by

imprisonment for a term exceeding one year unless person was

convicted and subsequently had his civil rights restored.

Section 591, act Apr. 30, 1900, ch. 339, Sec. 19, 31 Stat. 145,

prescribed oath to be taken by legislators and territorial

officers.

Section 592, act Apr. 30, 1900, ch. 339, Sec. 20, 31 Stat. 145,

called for senate and house of representatives to choose their own

officers, determine rules and keep a journal.

Section 593, act Apr. 30, 1900, ch. 339, Sec. 21, 31 Stat. 145,

required that, at desire of one-fifth of members present, ayes and

noes of members be entered on journal.

Section 594, act Apr. 30, 1900, ch. 339, Secs. 22-24, 31 Stat.

145, set out attendance required for a quorum of each house of

legislature, votes required for final passage of a law,

adjournment, absentees, and a count of members present by chairman.

Section 595, act Apr. 30, 1900, ch. 339, Sec. 28, 31 Stat. 146,

granted members of legislature a privilege for any word uttered in

exercise of their legislative functions in either house.

Section 596, act Apr. 30, 1900, ch. 339, Sec. 27, 31 Stat. 146,

authorized each house of legislature to punish its members by

censure for disorderly behavior or neglect of duty and to suspend

or expel its members by a two-thirds vote.

Section 597, act Apr. 30, 1900, ch. 339, Sec. 25, 31 Stat. 146,

authorized each house to punish non-members for contempt but

granted a person so charged right to be informed of charges,

present evidence, and be heard in his own defense.

Section 598, act Apr. 30, 1900, ch. 339, Sec. 29, 31 Stat. 146,

granted members of legislature a privilege from arrest, except in

cases of treason, felony, or breach of peace, during their

attendance at sessions in their respective houses.

Section 599, acts Apr. 30, 1910, ch. 339, Sec. 26, 31 Stat. 146;

May 27, 1910, ch. 258, Sec. 2, 36 Stat. 444; July 9, 1921, ch. 42,

Sec. 301, 42 Stat. 115; June 27, 1930, ch. 647, 46 Stat. 824; Aug.

20, 1958, Pub. L. 85-690, Sec. 4, 72 Stat. 684, set out

compensation and additional compensation to be paid members of

legislature.

-End-

-CITE-

48 USC Secs. 611 to 620 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 611 to 620. Omitted

-COD-

CODIFICATION

Sections 611 to 620, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 611, act Apr. 30, 1900, ch. 339, Sec. 14, 31 Stat. 144,

called general elections to be held on the Tuesday next after first

Monday in November, biennially in even-numbered years.

Section 612, act Apr. 30, 1900, ch. 339, Sec. 15, 31 Stat. 145,

made each house judge of elections, returns, and qualifications of

its own members.

Section 613, act Apr. 30, 1900, ch. 339, Secs. 57, 58, 31 Stat.

151, granted each elector a privilege from military duty on

election day in any way which would deprive him of his vote except

in time of war or public danger and also granted a privilege from

arrest while going to and returning from attendance at election

except in certain cases.

Section 614, act Apr. 30, 1900, ch. 339, Sec. 59, 31 Stat. 151,

allowed each voter for representative to vote for as many

representatives as would be elected from representative district in

which voter was entitled to vote and gave posts of representatives

to those candidates receiving highest number of votes.

Section 615, act Apr. 30, 1900, ch. 339, Sec. 61, 31 Stat. 152,

allowed each voter to cast one vote for senator to be elected from

district in which voter could vote and called for required numbers

of candidates receiving highest number of votes to become senators

for their districts.

Section 616, act Apr. 30, 1900, ch. 339, Sec. 62, 31 Stat. 152,

made qualifications for voters for senator and for all other

elections same as qualifications for voters casting votes for

representative.

Section 617, acts Apr. 30, 1900, ch. 339, Sec. 60, 31 Stat. 151;

June 26, 1930, ch. 620, 46 Stat. 818, set out qualifications

required for an elector to vote for representative.

Section 618, act June 13, 1918, ch. 97, Secs. 1, 2, 4, 40 Stat.

604, authorized extension of franchise to women, and was repealed

by act Dec. 16, 1930, ch. 14, Sec. 1, 46 Stat. 1029. See Const.

Amend. 19.

Section 619, act Apr. 30, 1900, ch. 339, Sec. 63, 31 Stat. 152,

prevented from voting all persons who were in Hawaii by reason of

being in Army or Navy or being attached to troops of the United

States.

Section 619a, act Apr. 30, 1900, ch. 339, Sec. 64, 31 Stat. 152,

continued in force rules and regulations for administering oaths

and holding elections.

Section 620, act Apr. 30, 1900, ch. 339, Sec. 65, 31 Stat. 153,

authorized legislature to establish and alter boundaries of

election districts and voting precincts and apportion senators and

representatives to be elected from such districts.

-End-

-CITE-

48 USC Secs. 631 to 633 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 631 to 633. Omitted

-COD-

CODIFICATION

Sections 631 to 633, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 631, act Apr. 30, 1900, ch. 339, Sec. 81, 31 Stat. 157,

made provision for vesting of judicial power in courts and

continued in force the courts' jurisdiction and procedure

previously in force.

Section 632, acts Apr. 30, 1900, ch. 339, Sec. 82, 31 Stat. 157;

June 15, 1950, ch. 250, 64 Stat. 216, set out size and organization

of supreme court, appointment and qualifications of its members,

and provisions for filling of vacancies therein.

Section 633, acts Apr. 30, 1900, ch. 339, Sec. 80, 31 Stat. 156;

Mar. 3, 1905, ch. 1465, Sec. 2, 33 Stat. 1035; July 9, 1921, ch.

42, Sec. 312, 42 Stat. 119; May 9, 1956, ch. 237, Sec. 1, 70 Stat.

130, called for presidential appointment of members of supreme

court and circuit courts and set tenure and qualifications of

judges.

-End-

-CITE-

48 USC Secs. 634, 634a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 634, 634a. Repealed. Pub. L. 86-3, Sec. 14(e), Mar. 18, 1959,

73 Stat. 10

-MISC1-

Section 634, acts Apr. 30, 1900, ch. 339, Sec. 92, 31 Stat. 159;

May 27, 1910, ch. 258, Sec. 8, 36 Stat. 448; July 9, 1921, ch. 42,

Sec. 314, 42 Stat. 120, related to salaries of justices of supreme

court and circuit courts.

Section 634a, acts May 29, 1928, ch. 904, Secs. 1, 2, 45 Stat.

997; Apr. 30, 1956, ch. 226, Sec. 1, 70 Stat. 123, related to

salaries of justices of supreme court and circuit courts.

-End-

-CITE-

48 USC Secs. 634b, 634c 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 634b, 634c. Repealed. June 25, 1948, ch. 646, Sec. 39, 62

Stat. 992

-MISC1-

Section 634b, acts May 31, 1938, ch. 301, Sec. 1, 52 Stat. 591;

Apr. 16, 1946, ch. 139, Sec. 1, 60 Stat. 90, related to retirement

of justices and judges.

Section 634c, acts May 31, 1938, ch. 301, Sec. 2, 52 Stat. 591;

Apr. 16, 1946, ch. 139, Sec. 2, 60 Stat. 90, related to computation

of years of service.

-End-

-CITE-

48 USC Secs. 635, 636 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 635, 636. Omitted

-COD-

CODIFICATION

Sections 635 and 636, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 635, acts Apr. 30, 1900, ch. 339, Sec. 83, 31 Stat. 157;

Apr. 1, 1952, ch. 127, Sec. 1, 66 Stat. 32, continued in force all

laws relating to judicial departments and procedure, but made

certain changes with reference to membership qualifications for

membership on juries.

Section 636, acts Apr. 30, 1900, ch. 339, Sec. 84, 31 Stat. 157;

May 27, 1910, ch. 258, Sec. 6, 36 Stat. 447, set out standards for

disqualification of jurors who were related by affinity or

consanguinity with a person interested in case being tried and for

disqualification of judges in certain cases.

-HEAD-

DISTRICT COURT

-End-

-CITE-

48 USC Secs. 641 to 644 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 641 to 644. Repealed. June 25, 1948, ch. 646, Secs. 8, 39, 62

Stat. 986, 992

-MISC1-

Section 641, acts Apr. 30, 1900, ch. 339, Sec. 86(a), (d), 31

Stat. 158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; July 9,

1921, ch. 42, Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43

Stat. 890; Dec. 13, 1926, ch. 6, Sec. 1, 44 Stat. 919; July 31,

1946, ch. 704, Sec. 1, 60 Stat. 716, related to district court,

sessions, powers, terms. See section 81 et seq. of Title 28,

Judiciary and Judicial Procedure.

Section 642, acts Apr. 30, 1900, ch. 339, Sec. 86(c), 31 Stat.

158; Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 3, 1911, ch.

231, Sec. 291, 36 Stat. 167; July 9, 1921, ch. 42, Sec. 313, 42

Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890, related to

jurisdiction of district court and authority of officers. See

sections 81 et seq., 451 et seq., 501 et seq., 531 et seq., and

1331 et seq. of Title 28.

Section 642a, acts Aug. 13, 1940, ch. 662, 54 Stat. 784; Apr. 29,

1948, ch. 241, Sec. 1, 62 Stat. 204, related to jurisdiction of

cases arising on Midway, Wake, Johnston, etc., Islands. See section

91 of Title 28.

Section 643, acts Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158;

Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; July 9, 1921, ch. 42,

Sec. 313, 42 Stat. 119; Feb. 12, 1925, ch. 220, 43 Stat. 890,

related to appointment and term of office of judges, district

attorney, and marshal. See sections 133, 134, 501, 504, and 541 of

Title 28.

Section 644, acts Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158;

Mar. 3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 4, 1921, ch. 161,

Sec. 1, 41 Stat. 1412; July 9, 1921, ch. 42, Sec. 313, 42 Stat.

119; June 1, 1922, ch. 204, title II, 42 Stat. 614, 616; Jan. 3,

1923, ch. 21, title II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43

Stat. 890, related to appointment and salaries of clerks, deputy

clerks and reporters. See sections 604, 751, and 753 of Title 28.

-End-

-CITE-

48 USC Sec. 644a 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 644a. Jurisdiction of district court of cases arising on or

within Midway, Wake, Johnston, Sand, etc., Islands; laws

applicable to jury trials

-STATUTE-

The jurisdiction of the United States District Court for the

District of Hawaii is extended to all civil and criminal cases

arising on or within the Midway Islands, Wake Island, Johnston

Island, Sand Island, Kingman Reef, Palmyra Island, Baker Island,

Howland Island, Jarvis Island, and, having regard to the special

status of Canton and Enderbury Islands pursuant to an agreement of

April 6, 1939, between the Governments of the United States and of

the United Kingdom to set up a regime for their use in common, the

said jurisdiction is also extended to all civil and criminal cases

arising on or within Canton Island and Enderbury Island: Provided,

That such extension to Canton and Enderbury Islands shall in no way

be construed to be prejudicial to the claims of the United Kingdom

to said islands in accordance with the agreement. All civil acts

and deeds consummated and taking place on any of these islands or

in the waters adjacent thereto, and all offenses and crimes

committed thereon, or on or in the waters adjacent thereto, shall

be deemed to have been consummated or committed on the high seas on

board a merchant vessel or other vessel belonging to the United

States and shall be adjudicated and determined or adjudged and

punished according to the laws of the United States relating to

such civil acts or offenses on such ships or vessels on the high

seas, which laws for the purpose aforesaid are extended over such

islands, rocks, and keys.

The laws of the United States relating to juries and jury trials

shall be applicable to the trial of such cases before said district

court.

-SOURCE-

(June 15, 1950, ch. 253, 64 Stat. 217; Pub. L. 86-3, Sec. 14(j),

Mar. 18, 1959, 73 Stat. 11; Pub. L. 86-624, Sec. 19, July 12, 1960,

74 Stat. 416.)

-MISC1-

AMENDMENTS

1960 - Pub. L. 86-624 struck out Kure Island.

1959 - Pub. L. 86-3 extended jurisdiction to cases arising on or

within Palmyra Island.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-3 effective on admission of the State of

Hawaii into the Union, see note set out under section 91 of Title

28, Judiciary and Judicial Procedure. Admission of Hawaii into the

Union was accomplished Aug. 21, 1959, on issuance of Proc. No.

3309, Aug. 21, 1959, 25 F.R. 6868, 73 Stat. c74, as required by

sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set

out as notes preceding section 491 of this title.

CANTON AND ENDERBURY ISLANDS; SOVEREIGNTY OF KIRIBATI

By a treaty of friendship, TIAS 10777, which entered into force

Sept. 23, 1983, the United States recognized the sovereignty of

Kiribati over Canton Island and Enderbury Island.

-End-

-CITE-

48 USC Sec. 645 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 645. Repealed. Pub. L. 86-3, Sec. 14(f), Mar. 18, 1959, 73

Stat. 10

-MISC1-

Section, acts Apr. 30, 1900, ch. 339, Sec. 86, 31 Stat. 158; Mar.

3, 1909, ch. 269, Sec. 1, 35 Stat. 838; Mar. 11, 1911, ch. 231,

Sec. 291, 36 Stat. 167; Mar. 4, 1920, ch. 161, Sec. 1, 41 Stat.

1412; July 9, 1921, ch. 42, Sec. 313, 42 Stat. 119; June 1, 1922,

ch. 204, title II, 42 Stat. 614, 616; Jan. 3, 1923, ch. 21, title

II, 42 Stat. 1084; Feb. 12, 1925, ch. 220, 43 Stat. 890; Dec. 13,

1926, ch. 6, Sec. 1, 44 Stat. 919; Jan. 31, 1928, ch. 14, Sec. 1,

45 Stat. 54; July 31, 1946, ch. 704, Sec. 1, 60 Stat. 716; June 25,

1948, ch. 646, Secs. 8, 39, 62 Stat. 986, 992, related to removal

of causes and appeal. See section 91 of Title 28, Judiciary and

Judicial Procedure and notes thereunder.

-End-

-CITE-

48 USC Sec. 646 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 646. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992

-MISC1-

Section, act Apr. 30, 1900, ch. 339, Sec. 86a, as added June 19,

1939, ch. 211, 53 Stat. 841, related to rules in civil actions. See

section 2072 of Title 28, Judiciary and Judicial Procedure.

-End-

-CITE-

48 USC Sec. 651 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 651. Omitted

-COD-

CODIFICATION

Section, acts Apr. 30, 1900, ch. 339, Sec. 85, 31 Stat. 158; June

28, 1906, ch. 3582, 34 Stat. 550, which provided for the election

of a Delegate to the House of Representatives of the United States

to serve during each Congress, was omitted in view of the admission

of Hawaii into the Union.

-End-

-CITE-

48 USC Secs. 661 to 678 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 661 to 678. Omitted

-COD-

CODIFICATION

Sections 661 to 678, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 661, act July 7, 1898, No. 55, Sec. 1, 30 Stat. 750,

provided that Congress of the United States shall enact special

laws for management and disposition of public lands.

Section 662, act Apr. 30, 1900, ch. 339, Sec. 99, 31 Stat. 161,

which declared to be property of Hawaiian Government portion of

public domain known prior to April 30, 1900, as Crown land.

Section 663, acts Apr. 30, 1900, ch. 339, Sec. 73(a), (b), 31

Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch.

42, Sec. 304, 42 Stat. 116, defined "public lands", "commissioner",

"land board", and "person", and incorporated by reference certain

other defined terms.

Section 664, acts Apr. 30, 1900, ch. 339, Sec. 73(c), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 444; July 9, 1921, ch. 42, Sec. 304, 42 Stat. 117,

declared that laws of Hawaii relating to public lands, settlement

of boundaries and issuance of patents on land commission awards,

shall continue in force until Congress shall otherwise provide.

Section 664a, act Sept. 26, 1941, ch. 426, Sec. 1, 55 Stat. 734,

ratified Hawaiian realty transactions consummated on or before

November 25, 1941.

Section 664b, act Sept. 26, 1941, ch. 426, Sec. 2, 55 Stat. 734,

provided that realty transaction so ratified shall be deemed and

held to be perfect and valid from day of date thereof.

Section 665, acts Apr. 30, 1900, ch. 339, Sec. 73(d), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 444; July 9, 1921, ch. 42, Sec. 304, 42 Stat. 117;

Aug. 28, 1958, Pub. L. 85-803, Sec. 1, 72 Stat. 971, prescribed

terms and conditions of leases on public lands.

Section 666, acts Apr. 30, 1900, ch. 339, Sec. 73(e), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; July 9, 1921, ch. 42, Sec.

304, 42 Stat. 117, directed that all funds arising from sale or

lease of public lands be appropriated by laws of government of the

territory of Hawaii.

Section 667, acts Apr. 30, 1900, ch. 339, Sec. 73(f), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 444; July 9, 1921, ch. 42, Sec. 304, 42 Stat. 117,

set out requirements for those who would be entitled to receive any

certificate of occupation, right of purchase lease, cash freehold

agreement, or special homestead agreement. Section was also

classified to section 1509 of this title.

Section 668, acts Apr. 30, 1900, ch. 339, Sec. 73(g), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 444; July 9, 1921, ch. 42, Sec. 304, 42 Stat. 117,

prescribed limitations on alienation of public lands for which

certificates of occupancy have been issued. Section was also

classified to section 1510 of this title.

Section 669, acts Apr. 30, 1900, ch. 339, Sec. 73(h), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1919, ch. 258;

Sec. 5, 36 Stat. 445; July 9, 1921, ch. 42, Sec. 305, 42 Stat. 118,

set out provisions for forfeiture of lands for noncompliance with

prior provisions.

Section 670, acts Apr. 30, 1900, ch. 339, Sec. 73(i), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 445; July 9, 1921, ch. 42, Sec. 305, 42 Stat. 118;

July 27, 1939, ch. 383, Sec. 1, 53 Stat. 1126; July 9, 1952, ch.

617, 66 Stat. 515; Apr. 6, 1956, ch. 180, Sec. 1, 70 Stat. 102;

Aug. 1, 1956, ch. 854, 70 Stat. 918, determined persons entitled to

take under certificates of occupation, lease or agreement.

Section 671, acts Apr. 30, 1900, ch. 339, Sec. 73(j), 31, Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 445; July 9, 1921, ch. 42, Sec. 306, 42 Stat. 118,

gave commissioner, with approval of governor, right to give

preferences in purchasing of public lands. Section was also

classified to section 1511 of this title.

Section 672, acts Apr. 30, 1900, ch. 339, Sec. 73(k), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 445; July 9, 1921, ch. 42, Sec. 307, 42 Stat. 118,

gave commissioner, with approval of governor, power to issue

patents to churches or religious organizations. Section was also

classified to section 1512 of this title.

Section 673, acts Apr. 30, 1900, ch. 339, Sec. 73(l), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 446; July 9, 1921, ch. 42, Sec. 308, 42 Stat. 118;

Aug. 7, 1946, ch. 771, 60 Stat. 871; July 9, 1952, ch. 616, Sec. 1,

66 Stat. 514; Apr. 6, 1956, ch. 185, Sec. 1, 70 Stat. 104; Aug. 21,

1958, Pub. L. 85-718, 72 Stat. 709; Aug. 28, 1958, Pub. L. 85-803,

Sec. 2, 72 Stat. 971, created board of public lands and set

restrictions upon sale and lease of agricultural lands and exchange

of lands.

Section 674, acts Apr. 30, 1900, ch. 339, Sec. 73(m), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56, May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 446; July 9, 1921, ch. 42, Sec. 309, 42 Stat. 119,

opened agricultural lands for settlement.

Section 675, acts Apr. 30, 1900, ch. 339, Sec. 73(n), (p), 31

Stat. 154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch.

258, Sec. 5, 36 Stat. 446; July 9, 1921, ch. 42, Secs. 310, 311, 42

Stat. 119, provided for survey and opening of homestead entry

agricultural lands.

Section 676, acts Apr. 30, 1900, ch. 339, Sec. 73(o), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 446; July 9, 1921, ch. 42, Sec. 310, 42 Stat. 119,

permitted any person under a general lease from Territory, to

continue in possession of such land after expiration of lease until

such time as homesteader takes actual possession thereof under any

form of homestead agreement.

Section 677, acts Apr. 30, 1900, ch. 399, Sec. 73(q), 31 Stat.

154; Apr. 2, 1908, ch. 124, 35 Stat. 56; May 27, 1910, ch. 258,

Sec. 5, 36 Stat. 447; July 9, 1921, ch. 42, Sec. 311, 42 Stat. 119;

Aug. 21, 1941, ch. 394, Sec. 1, 55 Stat. 658; July 18, 1958, Pub.

L. 85-534, Sec. 1, 72 Stat. 379; Aug. 14, 1958, Pub. L. 85-650,

Sec. 2, 72 Stat. 606, improved commissioner with control,

management, and disposition of public lands and included within

this making of leases by Hawaiian Aeronautics commission.

Section 677-1, act Apr. 30, 1900, ch. 339, Sec. 73(r), as added

Aug. 1, 1956, ch. 820, Sec. 1, 70 Stat. 785, provided for

disposition of remnants of public lands.

Section 677a, act Apr. 30, 1900, ch. 339, Sec. 73(par.), as added

June 12, 1940, ch. 336, Sec. 1, 54 Stat. 345, provided for

reamortization of indebtedness under homestead agreements.

Section 677b, act Apr. 30, 1900, ch. 339, Sec. 73(par.), as added

June 12, 1940, ch. 336, Sec. 1, 54 Stat. 346, provided for refunds

on account of reamortization of homestead agreements.

Section 678, act Apr. 30, 1900, ch. 339, Sec. 107, as added July

9, 1921, ch. 42, Sec. 315, 42 Stat. 121, cited the Act of April 30,

1900, ch. 339, 31 Stat. 141, as the "Hawaiian Organic Act".

-End-

-CITE-

48 USC Secs. 691 to 718 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 691 to 718. Omitted

-COD-

CODIFICATION

Sections 691 to 718, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 691, act July 9, 1921, ch. 42, title I, Sec. 1, 42 Stat.

108, cited sections 691-704 and 705-716 of this title, as the

"Hawaiian Homes Commission Act, 1920".

Section 692, acts July 9, 1921, ch. 42, title II, Sec. 201, 42

Stat. 108; June 18, 1954, ch. 321, Sec. 2, 68 Stat. 263, defined

"Commission", "public lands", "fund", "Territory", "Hawaiian home

lands", "tract", "native Hawaiian" and "irrigated pastoral land" as

used in "Hawaiian Homes Commission Act, 1920".

Section 693, acts July 9, 1921, ch. 42, title II, Sec. 202, 42

Stat. 109; July 26, 1935, ch. 420, Sec. 1, 49 Stat. 504; May 31,

1944, ch. 216, Sec. 1, 58 Stat. 260; July 9, 1952, ch. 618, Secs.

1, 3, 66 Stat. 515, 516, established Hawaiian Homes Commission.

Section 694, acts July 9, 1921, ch. 42, title II, Sec. 222, 42

Stat. 115; Nov. 26, 1941, ch. 544, Sec. 7, 55 Stat. 787; June 14,

1948, ch. 646, Sec. 8, 62 Stat. 394, empowered commission to make

such regulations and with approval of Governor, such expenditures

as are necessary to efficient execution of his office.

Section 695, act July 9, 1921, ch. 42, title II, Sec. 222, 42

Stat. 115, required commission to make a biennial report to

legislature of Territory.

Section 696, act July 9, 1921, ch. 42, title II, Sec. 222, 42

Stat. 115, directed that executive officer and secretary give bond

for faithful performance of his duties.

Section 697, acts July 9, 1921, ch. 42, title II, Sec. 203, 42

Stat. 109; May 16, 1934, ch. 290, Sec. 1, 48 Stat. 777; Aug. 29,

1935, ch. 810, Sec. 1, 49 Stat. 966; July 10, 1937, ch. 482, 50

Stat. 497; Nov. 26, 1941, ch. 544, Sec. 1, 55 Stat. 782; May 31,

1944, ch. 216, Sec. 2, 58 Stat. 260; June 3, 1948, ch. 384, 62

Stat. 295; June 3, 1948, ch. 397, 62 Stat. 303; July 9, 1952 ch.

614, Secs. 1, 2, 66 Stat. 511, designated certain lands in

Territory as "available land".

Section 698, acts July 9, 1921, ch. 42, title II, Sec. 204, 42

Stat. 110; Mar. 7, 1928, ch. 142, Sec. 1, 45 Stat. 246; July 10,

1937, ch. 482, 50 Stat. 503; Feb. 20, 1954, ch. 10, Sec. 1, 68

Stat. 116; June 18, 1954, ch. 319, Sec. 1, 68 Stat. 262, provided

that after July 9, 1921, all available lands would assume status of

Hawaiian home lands and be under control of Commission.

Section 699, act July 9, 1921, ch. 42, title II, Sec. 205, 42

Stat. 110, provided for sale or lease of available lands.

Section 700, act July 9, 1921, ch. 42, title II, Sec. 206, 42

Stat. 110, declared that available lands were not subject to

disposition by Governor, Commissioner of Public Lands, or Board of

Public Lands.

Section 701, acts July 9, 1921, ch. 42, title II, Sec. 207, 42

Stat. 110; Feb. 3, 1923, ch. 56, Sec. 1, 42 Stat. 1122; May 16,

1934, ch. 290, Sec. 2, 48 Stat. 779; July 10, 1937, ch. 482, 50

Stat. 504; May 31, 1944, ch. 216, Secs. 3, 4, 58 Stat. 264; June

14, 1948, ch. 464, Secs. 1, 2, 62 Stat. 390; June 18, 1954, ch.

321, Sec. 1, 68 Stat. 263; Aug. 23, 1958, Pub. L. 85-733, 72 Stat.

822, authorized Commission to lease lands to native Hawaiians.

Section 702, acts July 9, 1921, ch. 42, title II, Sec. 208, 42

Stat. 111; July 10, 1937, ch. 482, 50 Stat. 504; Nov. 26, 1941, ch.

544, Sec. 2, 55 Stat. 783; Aug. 21, 1958, Pub. L. 85-710, Sec. 1,

72 Stat. 706, set up certain conditions to be included in leases of

lands by Commission.

Section 703, acts July 9, 1921, ch. 42, title II, Sec. 209, 42

Stat. 111; July 10, 1937, ch. 482, 50 Stat. 504; Nov. 26, 1941, ch.

544, Sec. 3, 55 Stat. 783; July 9, 1952, ch. 614, Sec. 4, 66 Stat.

514, established rules governing successors to lessees.

Section 704, act July 9, 1921, ch. 42, title II, Sec. 210, 42

Stat. 111, gave Commission power to cancel leases.

Section 704a, acts May 16, 1934, ch. 200, Sec. 3, 48 Stat. 779;

July 9, 1952, ch. 614, Sec. 3, 66 Stat. 513, gave a preference to

residents in leasing of lands.

Section 705, act July 9, 1921, ch. 42, title II, Sec. 211, 42

Stat. 112, provided for community pastures adjacent to each

district in which agricultural lands were leased.

Section 706, act July 9, 1921, ch. 42, title II, Sec. 212, 42

Stat. 112, gave Commission power to return lands not leased to

control of Commissioner of Public Lands.

Section 707, acts July 9, 1921, ch. 42, title II, Sec. 213, 42

Stat. 112; Feb. 3, 1923, ch. 56, Sec. 2, 42 Stat. 1222; Mar. 7,

1928, ch. 142, Sec. 2, 45 Stat. 246; Nov. 26, 1941, ch. 544, Sec.

4, 55 Stat. 784; June 14, 1948, ch. 464, Sec. 3, 62 Stat. 390; July

9, 1952, ch. 615, Secs. 1, 2, 66 Stat. 514; Aug. 21, 1958, Pub. L.

85-708, 72 Stat. 705, established in Treasury of Territory two

revolving funds to be known as Hawaiian home-loan fund and Hawaiian

home-operating fund, and two special funds to be known as Hawaiian

home-development fund and Hawaiian home administration account.

Section 707a, act July 9, 1921, ch. 42, title II, Sec. 225, as

added Nov. 26, 1941, ch. 544, Sec. 8, 55 Stat. 787, and amended

June 14, 1948, ch. 464, Sec. 9, 62 Stat. 394, gave Commission power

to invest and reinvest any of moneys in loan fund.

Section 708, act July 9, 1921, ch. 42, title II, Sec. 214, 42

Stat. 112, authorized Commission to make loans from fund to lessee

of any tract or successor to his interest therein.

Section 709, acts July 9, 1921, ch. 42, title II, Sec. 215, 42

Stat. 112; Feb. 3, 1923, ch. 56, Sec. 3, 42 Stat. 1222; July 10,

1937, ch. 482, 50 Stat. 505; Nov. 26, 1941, ch. 544, Sec. 5, 55

Stat. 785; June 14, 1948, ch. 464, Secs. 4, 5, 62 Stat. 392; July

9, 1952, ch. 616, Secs. 3, 4, 66 Stat. 514, set up conditions to be

followed in contracts of loan.

Section 710, acts July 9, 1921, ch. 42, title II, Sec. 216, 42

Stat. 113; July 10, 1937, ch. 482, 50 Stat. 506; June 14, 1948, ch.

464, Sec. 6, 62 Stat. 393, gave Commission power to require

borrower to insure all livestock and dwellings and other permanent

improvements upon his tract purchased or constructed out of any

moneys loaned from fund.

Section 711, act July 9, 1921, ch. 42, title II, Sec. 217, 42

Stat. 113, gave Commission power to bring an ejectment action

against lessee or borrower for noncompliance with Commission

orders.

Section 712, act July 9, 1921, ch. 42, title II, Sec. 218, 42

Stat. 114, provided that lessees of land were not to receive loans

under Territorial Farm Land.

Section 713, act July 9, 1921, ch. 42, title II, Sec. 219, 42

Stat. 114, authorized Commission to employ agricultural experts.

Section 714, acts July 9, 1921, ch. 42, title II, Sec. 220, 42

Stat. 114; July 10, 1937, ch. 482, 50 Stat. 507; Nov. 26, 1941, ch.

544, Sec. 6, 55 Stat. 786; June 14, 1948, ch. 464, Sec. 7, 62 Stat.

393; Aug. 1, 1956, ch. 855, Sec. 1, 70 Stat. 915, authorized

Commission to undertake development projects.

Section 715, acts July 9, 1921, ch. 42, title II, Sec. 221, 42

Stat. 114; Aug. 1, 1956, ch. 855, Secs. 2, 3, 70 Stat. 915, defined

"water license" and "surplus water", subjected water licenses

issued after July 9, 1921, to Commission and authorized Commission

to use free of all charge, Government-owned water.

Section 715a, act July 9, 1921, ch. 42 title II, Sec. 224, as

added July 26, 1935, ch. 420, Sec. 2, 49 Stat. 505, authorized

Secretary of the Interior to designate a sanitation and reclamation

expert.

Section 716, act July 9, 1921, ch. 42 title II, Sec. 223, 42

Stat. 115, reserved right in Congress, to alter, amend, or repeal

provisions of sections 691 to 704 and 705 to 716 of this title.

Section 717, act July 9, 1921, ch. 42, Sec. 401, 42 Stat. 121,

related to acts repealed.

Section 718, act July 9, 1921, ch. 42, Sec. 402, 42 Stat. 121,

related to savings provisions.

-End-

-CITE-

48 USC Secs. 721 to 723 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Secs. 721 to 723. Omitted

-COD-

CODIFICATION

Sections 721 to 723, relating to Territory of Hawaii, were

omitted in view of admission of Hawaii into the Union.

Section 721, acts July 18, 1950, ch. 466, title I, Sec. 101, 64

Stat. 344; Aug. 11, 1955, ch. 783, title I, Sec. 107(3), (7), (9),

69 Stat. 637, 638, authorized Hawaiian government to undertake slum

clearance and urban redevelopment and renewal projects.

Section 721a, acts July 18, 1950, ch. 466, title I, Sec. 102, 64

Stat. 344; Aug. 11, 1955, ch. 783, title I, Sec. 107(3), 69 Stat.

637, authorized government of Hawaii to assist slum clearance and

urban redevelopment projects through cash donations, loans

conveyances of real and personal property, facilities and services.

Section 721b, act July 18, 1950, ch. 466, title I, Sec. 103, 64

Stat. 345, ratified all legislation enacted by Legislature of

Territory of Hawaii dealing with subject matter of sections 721 to

722 of this title.

Section 722, acts July 10, 1937, ch. 484, 50 Stat. 508; July 18,

1950, title II, Sec. 202(a), 64 Stat. 345, gave Legislature of

Territory of Hawaii power to create public corporate authorities to

engage in slum clearance, or housing undertaking.

Section 723, act June 27, 1934, ch. 847, Sec. 214, as added Apr.

23, 1949, ch. 89, Sec. 2(a), 63 Stat. 57, and amended, related to

insurance of mortgages on property in Hawaii. See section 1715d of

Title 12, Banks and Banking.

-End-

-CITE-

48 USC Sec. 724 01/06/03

-EXPCITE-

TITLE 48 - TERRITORIES AND INSULAR POSSESSIONS

CHAPTER 3 - HAWAII

-HEAD-

Sec. 724. Repealed. Aug. 2, 1954, ch. 649, title II, Sec. 205, 68

Stat. 622

-MISC1-

Section, acts Apr. 23, 1949, ch. 89, Sec. 2(b), 63 Stat. 58; June

30, 1953, ch. 170, Sec. 25(b), 67 Stat. 128, related to purchase of

insured mortgage loans by Federal National Mortgage Association,

with respect to property in Hawaii.

-End-