Notes on hawaii : US Code - Notes

Search Notes on hawaii : US Code - Notes

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 Repealed or Omitted.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 Repealed.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 Repealed or Omitted.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 [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)'.
"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."


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.