3176, 64 Stat. 1267, related to the undertaking of certain useful construction projects to assist in the internal development of the Virgin Islands. Section 1409a, act Dec. 20, 1944, ch. 615, § 2, 58 Stat. 828, related to the availability of funds for studies, plans, etc., for projects authorized. Section 1409b, acts Dec. 20, 1944, ch. 615, § 3, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267; July 12, 1982, Pub. L. 97-214, § 10(b)(3), 96 Stat. 175, related to the acquisition of lands for projects authorized. Section 1409c, acts Dec. 20, 1944, ch. 615, § 4, 58 Stat. 829; June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3167, 64 Stat. 1267, related to the acceptance of funds and materials from the Virgin Islands government for use in connection with projects authorized. Section 1409d, act Dec. 20, 1944, ch. 615, § 5, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, required construction of projects authorized to be by contract, provided that repairs and improvements to existing structures be accomplished by employment of persons without regard to civil-service and classification laws. Section 1409e, acts Dec. 20, 1944, ch. 615, § 6, 58 Stat. 829; June 30, 1949, ch. 288, title I, § 102, 63 Stat. 380; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to the procurement, warehousing and distribution of property, and establishment of a revolving fund for purchase, repairs, etc., of materials and supplies. Section 1409f, act Dec. 20, 1944, ch. 615, § 7, 58 Stat. 829, made inapplicable to projects authorized the provisions of section 5 of title 41, relating to advertising for bids in the purchase of materials and services, where the aggregate amount is less than $500. Section 1409g, act Dec. 20, 1944, ch. 615, § 8, 58 Stat. 829, related to disability and death benefits for certain employees receiving compensation from funds appropriated under this subchapter, subject to certain exceptions. Section 1409h, act Dec. 20, 1944, ch. 615, § 9, 58 Stat. 829; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to consideration and settlement of claims for injury to persons and damage to property, and limitations thereon. Section 14091, act Dec. 20, 1944, ch. 615, § 10, 58 Stat. 830; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to the promulgation of rules and regulations. Section 1409j, act Dec. 20, 1944, ch. 615, § 11, 58 Stat. 830; 1950 Reorg. Plan No. 15, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, related to authorization of appropriations for administrative and other expenses. ESTIMATES AS NOT CONSTITUTING LIMITATIONS Act July 31, 1953, ch. 298, title I, § 1, 67 Stat. 275, provided in part that the estimated project costs specified in this subchapter not constitute limitations on amounts that could be expended for such projects. Similar provisions were contained in acts July 9, 1952, ch. 597, title I, § 101, 66 Stat. 459; Aug. 31, 1951, ch. 375, title I, § 101, 65 Stat. 264. SUBCHAPTER VI-AGRICULTURAL PROGRAM §§ 1409m to 14090. Repealed. Pub. L. 97–357, title III, § 308(f), Oct. 19, 1982, 96 Stat. 1710 Section 1409m, act Oct. 29, 1951, ch. 603, § 1, 65 Stat. 661, related to the establishment and maintenance of an agricultural research and extension service pro gram. Section 1409n, act Oct. 29, 1951, ch. 603, § 2, 65 Stat. 662, related to the transfer of functions, property, etc., of the agricultural experiment stations in the Virgin Islands from the Secretary of the Interior to the Secretary of Agriculture. § 1412. Notice of discovery of guano and proofs The discoverer shall, as soon as practicable, give notice verified by affidavit, to the Depart ment of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupa tion thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. (R.S. § 5571.) CODIFICATION R.S. § 5571 derived from act Aug. 18, 1856, ch. 164, § 1, 11 Stat. 119. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1413 of this title. § 1413. Completion of proof on death of discoverer complying with the provisions of this chapter. Nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer recognized prior to April 2, 1872, by the United States. (R.S. § 5572.) CODIFICATION R.S. § 5572 derived from act Apr. 2, 1872, ch. 81, § 1, 17 Stat. 48. § 1414. Exclusive privileges of discoverer The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Congress, the exclusive right of occupying such island, rocks, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding $8 per ton for the best quality, or $4 for every ton taken while in its native place of deposit. (R.S. § 5573.) § 1415. Restrictions upon exportation No guano shall be taken from any island, rock, or key mentioned in section 1411 of this title, except for the use of the citizens of the United States or of persons resident therein. The discoverer, or his widow, heir, executor, administrator, or assigns, shall enter into bond, in such penalty and with such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this chapter. (R.S. § 5574.) CODIFICATION R.S. 5574 derived from acts Aug. 18, 1856, ch. 164, § 2, 11 Stat. 119; July 28, 1866, ch. 298, § 3, 14 Stat. 328; Apr. 2, 1872, ch. 81, § 1, 17 Stat. 48. An additional provision of R.S. § 5574 suspending this section for 5 years from and after July 14, 1872, in relation to all persons who had complied with the provisions of that title of the Revised Statutes, was omitted as temporary. § 1416. Regulation of trade The introduction of guano from such islands, rocks, or keys shall be regulated as in the coasting trade between different parts of the United States, and the same laws shall govern the vessels concerned therein. (R.S. § 5575.) CODIFICATION R.S.5575 derived from act Aug. 18, 1856, ch. 164, §3, 11 Stat. 120. § 1417. Criminal jurisdiction All acts done, and offenses or crimes committed, on any island, rock, or key mentioned in section 1411 of this title, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. (R.S. § 5576.) CODIFICATION R.S. § 5576 derived from act Aug. 18, 1856, ch. 164, § 6, 11 Stat. 120. CROSS REFERENCES Crimes committed on any island, rock, or key, containing deposits of guano, which may be considered as appertaining to the United States, to be punished as crimes under admirality or maritime jurisdiction, see section 7 of Title 18, Crimes and Criminal Procedure. § 1418. Employment of land and naval forces in protection of rights The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer or of his widow, heir, executor, administrator, or assigns. Sec. 1421g. Sec. 1421h. Establishment and maintenance of public health services; public school system. Duties, taxes, and fees; proceeds collected to constitute fund for benefit of Guam; prerequisites, amount, etc., remitted prior to commencement of next fiscal year. 1423a. 1421i. Income tax. (f) Criminal offenses; prosecution. 1423g. Vacancies. (g) Liens. 1423h. Regular and special sessions. (h) Jurisdiction of District Court; suits for recovery or collection of taxes; payment of judgment. Authorization of appropriations. Designation of naval or military reservations; 1423i. 1423j. 1423k. 1423L. Approval of bills. Authorization of appropriations. Right of petition. Purchases. SUBCHAPTER IV-THE JUDICIARY District Court personnel. 1421j. 1421k. closed port. 1421k-1. Delegate from Guam to United States House of Representatives; clerk hire allowance and transportation expenses. 1424. 1424a. District Court of Guam; jurisdiction; appellate division; rules of procedure. Repealed. 14217, 1421m. Repealed. 1424b. 1421n. 14210. Applicability of Federal copyright laws. Federal assistance for fire control, watershed protection, and reforestation. Authorization of appropriations. Applicability of Federal laws. (a) Judge; appointment, tenure, and compensation. (b) United States attorney and United States marshal. (c) Magistrates; clerks, reporters, etc. Review of claims respecting land on Guam. (a) Jurisdiction. (b) Acquisitions effected through condemnation proceedings. (c) Fair compensation. (d) Employment of special masters or judges. (e) Awards. (f) Limitation on attorney's fees; viola tion; penalty. (g) Availability of documents, records, and writings to court. SUBCHAPTER V-PUBLIC HOUSING AND 1425. 1425a. 1422c. (f) Additional compensation. Executive agencies and instrumentalities. (a) Appointment of heads; establishment of merit system. 1425b. 1425c. 1425d. 1425e. 1426. 1422d. (b) Powers and duties of officers. (d) Continuation in office of incumbents. Transfer of functions from government comptroller for Guam to Inspector General, Department of the Interior. (a) Functions, powers, and duties transferred. 1428b. (b) Scope of authority transferred. (c) Transfer of personnel, assets, etc., of office of government comptroller for Guam to Office of Inspector General, Department of the Interi Prerequisite for loan or loan guarantee; maximum participation in available funds; reserves for loan guarantees. Accounting procedures. 1423. or. Audit of books and records of agency, or agencies, administering loan funds. CONSTITUTIONS FOR VIRGIN ISLANDS AND GUAM: ESTABLISHMENT; CONGRESSIONAL AUTHORIZATION Authorization for the peoples of the Virgin Islands and Guam to call constitutional conventions to draft constitutions for local self-government, see Pub. L. 94-584, Oct. 21, 1976, 90 Stat. 2899, set out as a note under section 1541 of this title. DELEGATE TO CONGRESS FROM GUAM Provisions respecting representation in Congress by a Delegate from Guam to the House of Representatives, see section 1711 et seq. of this title. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1425b of this title. SUBCHAPTER I-GENERAL PROVISIONS § 1421. Territory included under name Guam The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Marianas Islands, shall continue to be known as Guam. (Aug. 1, 1950, ch. 512, § 2, 64 Stat. 384.) EFFECTIVE Date; Continuation of FEDERAL Section 34 of act Aug. 1, 1950, provided that on the 21st day of July 1950, the authority and powers conferred by this chapter would come into force, and authorized the President, for a period not to exceed one year from Aug. 1, 1950, to continue the administration of Guam in all or in some respects as provided by law, Executive order, or local regulation in force on Aug. 1, 1950. It further authorized the President in his discretion to place in operation all or some of the provisions of this chapter if practicable before the expiration of the period of one year. SHORT TITLE OF 1968 AMENDMENTS Pub. L. 90-601, § 1, Oct. 17, 1968, 82 Stat. 1172, provided that: "This Act [enacting sections 1428 to 1428e of this title] may be cited as the 'Guam Development Fund Act of 1968'." Pub. L. 90-497, § 14, Sept. 11, 1968, 82 Stat. 848, provided that: "This Act [enacting section 1422d of this title and section 335 of Title 10, Armed Forces, amending sections 1421a, 1421b, 1421c, 1421d, 1421f, 1422, 1422a, 1422b, 1422c, 1423b, 1423h, and 14231 of this title, and enacting provisions set out as notes under this section and section 1422 of this title] may be cited as the 'Guam Elective Governor Act'." SHORT TITLE Section 1 of act Aug. 1, 1950, provided that: "This Act [enacting this chapter and amending section 703 of Title 8, Aliens and Nationality] may be cited as the 'Organic Act of Guam'." POLITICAL UNION BETWEEN TERRITORY OF GUAM AND COMMONWEALTH OF NORTHERN MARIANA ISLANDS, EFFECTS ON RIGHTS AND ENTITLEMENTS In event of political union between Guam and the Commonwealth of the Northern Mariana Islands, there shall be no diminution of rights or entitlements, nor any adverse effects on any funds authorized or appropriated, see Pub. L. 96-597, title VI, § 602, Dec. 24, 1981, 94 Stat. 3480, set out as a note under section 1681 of this title. ANALYSIS OF CAPITAL INFRASTRUCTURE NEEDS OF GUAM FOR 1985 TO 1990 TIMEFRAME; REPORT to Congress; CONTENTS Pub. L. 95-348, § 1(a)(6), Aug. 18, 1978, 92 Stat. 487, provided that the Secretary prepare and transmit to the Congress no later than July 1, 1979, an analysis of the capital infrastructure needs of Guam for the 1985 to 1990 timeframe. GUAM AND VIRGIN ISLANDS; APPLICABILITY OF LAWS REFERRED TO IN SECTION 502(a)(1) of COVENANT TO ESTABLISH A COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA Laws referred to in section 502(a)(1) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America shall be applicable to the territories of Guam and the Virgin Islands on the same terms and conditions as such laws are applied to the Northern Mariana Islands, see section 403 of Pub. L. 95-134, set out as a note under section 1681 of this title. SUBMERGED LANDS, CONVEYANCE TO TERRITORY Conveyance of submerged lands to the government of Guam, see section 1701 et seq. of this title. Ex. ORD. No. 10077. TRANSFER OF ADMINISTRATION OF GUAM Ex. Ord. No. 10077, eff. Sept. 7, 1949, 14 F.R. 5523, as amended by Ex. Ord. No. 10137, eff. June 30, 1950, 15 F.R. 4241, provided: 1. The administration of the Island of Guam is hereby transferred from the Secretary of the Navy to the Secretary of the Interior, such transfer to become effective on August 1, 1950. 2. The Department of the Navy and the Department of the Interior shall proceed with the plans for the transfer of the administration of the Island of Guam as embodied in the above mentioned memorandum of understanding between the two departments. 3. When the transfer of administration made by this order becomes effective, the Secretary of the Interior shall take such action as may be necessary and appropriate, and in harmony with applicable law, for the administration of civil government on the Island of Guam. 4. The executive departments and agencies of the Government are authorized and directed to cooperate with the Departments of the Navy and Interior in the effectuation of the provisions of this order. 5. The said Executive Order No. 108-A of December 23, 1898, is revoked, effective July 1, 1950. § 1421a. Unincorporated territory; capital; powers of government; suits against government; type of government; supervision Guam is declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this chapter, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interi or. (Aug. 1, 1950, ch. 512, § 3, 64 Stat. 384; Sept. 21, 1959, Pub. L. 86-316, 73 Stat. 588; Sept. 11, 1968, Pub. L. 90-497, § 12(a), 82 Stat. 847.) AMENDMENTS 1968-Pub. L. 90-497 substituted provisions that all matters concerning Guam which are not the program responsibility of other Federal departments or agencies be under the general administrative supervision of the Secretary of the Interior for provisions that the general administrative supervision of matters concerning Guam be under the head of such civilian department or agency of the government of the United States as the President might direct. 1959-Pub. L. 86-316 permitted government of Guam, with consent of legislature, to be sued. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90-497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90-497, set out as a note under section 1422 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 14231 of this title. § 1421b. Bill of rights (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances. (b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself. (e) No person shall be deprived of life, liberty, or property without due process of law. (f) Private property shall not be taken for public use without just compensation. (g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam. (j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted. (k) No person shall be imprisoned for debt. (1) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it. (m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter. (n) No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied. (0) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court. (p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. (r) There shall be compulsory education for all children, between the ages of six and sixteen years. (s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam. (t) No person who advocates, or who aids or belongs to any party, organization, or associ ation which advocates, the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. (u) The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency. (Aug. 1, 1950, ch. 512, § 5, 64 Stat. 385; Sept. 11, 1968, Pub. L. 90-497, § 10, 82 Stat. 847.) AMENDMENTS 1968-Subsec. (u). Pub. L. 90-497 added subsec. (u). EFFECTIVE DATE OF 1968 AMENDMENT Section 10 of Pub. L. 90-497 provided in part that the amendment by Pub. L. 90-497 is effective on the date of enactment of Pub. L. 90-497, which was approved Sept. 11, 1968. CROSS REFERENCES Advocating overthrow of government, penalty for, see section 2385 of Title 18, Crimes and Criminal Pro cedure. |