USC Chapter 3

in effect

48 U.S.C. § 1

Short Title.] That this Act may be cited as the ‘Hawaii Omnibus Act’.

48 U.S.C. § 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’.

48 U.S.C. § 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.’

48 U.S.C. § 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 [now section 2648]; 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)’.

48 U.S.C. § 5 [Home Loan Bank Board.]

(a) Paragraph (3) [now (2)] 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’.

48 U.S.C. § 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).

48 U.S.C. § 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,’.

48 U.S.C. § 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.’

48 U.S.C. § 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’.

48 U.S.C. § 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’.

48 U.S.C. § 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.

48 U.S.C. § 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’.

48 U.S.C. § 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’.

48 U.S.C. § 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.

48 U.S.C. § 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.’

48 U.S.C. § 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,’.

48 U.S.C. § 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 [former] 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 [former] 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.’

48 U.S.C. § 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, § 2, Oct. 22, 1986, 100 Stat. 2095.)

48 U.S.C. § 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,’.

48 U.S.C. § 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).

48 U.S.C. § 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,’.

48 U.S.C. § 22 [National Guard.]

Title 32, United States Code, section 101(1), is amended by striking out the words ‘Hawaii or’.

48 U.S.C. § 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,’.

48 U.S.C. § 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.’

48 U.S.C. § 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,’.

48 U.S.C. § 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.’

48 U.S.C. § 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).

48 U.S.C. § 28 [Buy American Act; amendment.]

Section 1(b) of title III of the Act of March 3, 1933 (47 Stat. 1520) [now 41 U.S.C. 8301(1)], as amended, is amended by striking out the word ‘Hawaii,’.

48 U.S.C. § 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,’.

48 U.S.C. § 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,’.

48 U.S.C. § 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.

48 U.S.C. § 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, § 3, Oct. 22, 1968, 82 Stat 1310].

48 U.S.C. § 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, § 3, Oct. 22, 1968, 82 Stat. 1310].

48 U.S.C. § 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’.

48 U.S.C. § 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.’

48 U.S.C. § 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’.

48 U.S.C. § 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’.

48 U.S.C. § 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,’.

48 U.S.C. § 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,’.

48 U.S.C. § 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.

48 U.S.C. § 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,’.

48 U.S.C. § 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.

48 U.S.C. § 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.

48 U.S.C. § 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.

48 U.S.C. § 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’.

48 U.S.C. § 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’.

48 U.S.C. § 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.

48 U.S.C. § 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.

48 U.S.C. § 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.

48 U.S.C. § 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.”

48 U.S.C. § 201 SHORT TITLE

“This title may be cited as the ‘Hawaiian Home Lands Recovery Act’.

48 U.S.C. § 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.

48 U.S.C. § 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.

48 U.S.C. § 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 [now Committee on Natural 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.

48 U.S.C. § 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 [now Committee on Natural 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 [now Committee on Natural 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.

48 U.S.C. § 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.

48 U.S.C. § 207 ADJUSTMENT.

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

48 U.S.C. § 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.

48 U.S.C. § 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.”

48 U.S.C. § 644a Jurisdiction of district court of cases arising on or within Midway, Wake, Johnston, Sand, etc., Islands; laws applicable to jury trials

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.