
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1933]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
           CHAPTER 18--MICRONESIA, MARSHALL ISLANDS, AND PALAU
 
                          SUBCHAPTER II--PALAU
 
         Part A--Approval of Compact and Supplemental Provisions
 
Sec. 1933. Supplemental provisions


(a) Civic Action Teams

    In recognition of the special development needs of Palau and the 
Marshall Islands, the United States shall make available United States 
military Civic Action Teams for use in Palau or the Marshall Islands 
under terms and conditions mutually agreed upon by the Government of the 
United States and the Governments of Palau or the Marshall Islands, as 
appropriate. The Government of Palau may use the amount of $250,000 
annually from current account funds provided pursuant to section 211 of 
the Compact to defray expenditures attendant to the operation of the 
Civic Action Teams made available pursuant to this subsection. The 
Government of the Marshall Islands may use the amount of $250,000 
annually from current account funds provided under section 211 of Title 
Two of the Compact of Free Association with the Marshall Islands to 
defray expenditures attendant to the operation of the Civic Action Teams 
made available pursuant to this subsection.

(b) Inventory and study of natural, historic, and other resources

    The Secretary of the Interior shall conduct, upon request of Palau, 
the Federated States of Micronesia or the Marshall Islands, and through 
the Director of the National Park Service, a comprehensive inventory and 
study of the most unique and significant natural, historical, cultural, 
and recreational resources of Palau, the Federated States of Micronesia 
or the Marshall Islands. Areas or sites exhibiting such qualities shall 
be described and evaluated with the objective of the preservation of 
their values and their careful use and appreciation by the public, along 
with a determination of their potential for attracting tourism. 
Alternative methodologies for such preservation and use shall be 
developed for each area or site (including continued assistance from the 
National Park Service); current or impending damage or threats to the 
resources of such areas or sites shall be identified and evaluated; and 
authorities needed to properly protect and allow for public use and 
appreciation shall be identified and discussed. Such inventory and study 
shall be conducted in full cooperation and consultation with affected 
governmental officials and the interested public. A full report on such 
inventory and study shall be transmitted to Palau or the Federated 
States of Micronesia or the Marshall Islands, the Committee on Interior 
and Insular Affairs of the United States House of Representatives and 
the Committee on Energy and Natural Resources of the United States 
Senate no later than two complete calendar years after November 14, 
1986. The inventory and study shall also identify areas or sites which, 
if they were located in the United States, would qualify to be listed on 
the Registry of Natural Landmarks and the National Register of Historic 
Places.

(c) Omitted

(d) Peleliu and Angaur

    Not later than one year after November 14, 1986, the Secretary of 
Agriculture, after appropriate studies conducted in consultation with 
the Government of Palau, shall report to the President and the Congress 
concerning the feasibility and cost of rehabilitating and restoring the 
fertility of the topsoil of the islands of Peleliu and Angaur. Upon the 
request of the Government of Palau, the President shall make the report 
of the Secretary of Agriculture available to the Government of Palau. 
Technical assistance to accomplish such rehabilitation and restoration, 
if feasible, may be provided to the Government of Palau on a 
nonreimbursable basis, subject to the availability of appropriated 
funds.

(e) Power generation

    Neither the Secretary of the Treasury nor any other officer or agent 
of the United States shall pay or transfer any portion of the sum and 
amounts payable to the Government of Palau pursuant to this joint 
resolution to any party other than the Government of Palau, except under 
the procedures established by the Compact and its related agreements. No 
funds appropriated pursuant to the Compact, this Act, or any other Act 
for grants or other assistance to Palau may be used to satisfy any 
obligation or expense incurred by Palau prior to November 14, 1986, with 
respect to any contract or debt related to any electrical generating 
plant or related facilities entered into or incurred by Palau which has 
not been specifically authorized by Congress in advance, except that the 
Government of Palau may use any portion of the annual grant under 
section 211(b) \1\ not required to be devoted to the energy needs of 
those parts of Palau not served by its central power generating 
facilities and any portion of the funds under section 212(b) of the 
Compact for such purpose.
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    \1\ So in original. Probably should be followed by ``of the 
Compact''.
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(f) Reduction of appropriations

    Amounts appropriated to be paid pursuant to section 177 of Article I 
of Title One or Articles I and III of Title Two of the Compact of Free 
Association with the Federated States of Micronesia and the Marshall 
Islands, as set forth in Title II of the Compact of Free Association Act 
of 1985, or pursuant to section 103(h), 103(k), or 105(m) of such Act 
[48 U.S.C. 1903(h), (k), 1905(m)] (Public Law 99-239), or pursuant to 
Article I of Title Two of the Compact with Palau, as set forth in Title 
II of this joint resolution, or subsection (l) \2\ of this section shall 
not be reduced, notwithstanding Public Law 99-177, Public Law 99-366, 
and other law enacted to implement Public Law 99-177, or any other 
provision of law.
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    \2\ So in original. This section does not contain a subsec. (l).
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(g) Understandings, interpretations, and policy statements

    The Congress reaffirms all of the understandings, interpretations, 
and policy statements contained in Public Law 99-239 (99 Stat. 1770) [48 
U.S.C. 1901 et seq., 2001 et seq.]. Congressional Resolution 4-60 
adopted by the 4th Congress of the Federated States of Micronesia on 
March 26, 1986 and Resolution No. 62 adopted by the Nitijela of the 
Marshall Islands on February 18, 1986 do not exclude, limit or modify 
any provision of the Compact of Free Association as approved by the 
United States. To the extent that any understandings, interpretations, 
and policy statements contained in such Resolutions are inconsistent 
with the provisions of Public Law 99-239, the United States does not 
concur therein. The President shall take such steps, including but not 
limited to, communicating with the Governments of the Federated States 
of Micronesia and the Republic of the Marshall Islands, as may be 
necessary to preserve all rights of the United States in connection with 
interpretation and implementation of such Public Law.

(h) Additional provisions relating to Title Three of Compact

    (1) The Government of the United States recognizes and respects the 
scarcity and special importance of land in Palau. In making any 
designation of land pursuant to section 322 of the Compact, the 
Government of the United States shall follow the policy of requesting 
the minimum area necessary to accomplish the required security and 
defense purpose, of requesting only the minimum interest in real 
property necessary to support such purpose, and of requesting first to 
satisfy the requirement through public real property, where available, 
rather than through private real property.
    (2) The Armed Forces of other nations invited to use military areas 
and facilities in Palau pursuant to section 312 of the Compact shall be 
permitted only as it is incident to the authority and under the control 
of the United States. The activities of such third country forces shall 
be subject to the same limitations and restrictions applicable to the 
authority of the United States under the terms of the Compact.
    (3) The Government of the United States considers ``Exclusive use'' 
areas established for the United States pursuant to Title Three of the 
Compact to be ``within the jurisdiction of Palau,'' as that term is used 
in section 324 of the Compact.

(i) Availability of appropriations

    Notwithstanding any other provision of law, funds appropriated for 
the Compact of Free Association, Public Law 99-239 [48 U.S.C. 1901 et 
seq., 2001 et seq.], or this joint resolution, in the act of making 
supplemental appropriations for fiscal year 1986, shall remain available 
until expended.

(j) Authority to contract or make payments

    (1), (2) Omitted
    (3) No authority under this subsection to enter into contracts or to 
make payments shall be effective except to the extent and in such 
amounts as provided in advance in appropriations Acts. Any provision of 
this subsection which authorizes the enactment of new budget authority 
shall be effective only for fiscal years beginning after September 30, 
1985.

(k) Annual report

    The Departments of Energy and Interior are directed to provide the 
Committees on Appropriations of the House and Senate with a report by 
December 1 of each fiscal year detailing how funds were spent during the 
previous fiscal year for the special medical care and logistical support 
program for Rongelap and Utrik and for the agriculture and food programs 
for Eniwetok and Bikini as referenced in Section 103(h) of Public Law 
99-239 [48 U.S.C. 1903(h)]. The report shall also specify the 
anticipated needs during the current and following fiscal years in order 
to meet the radiological health care and logistical support program for 
Rongelap and Utrik and the planting, agricultural maintenance, and food 
programs for Eniwetok and Bikini. It is the sense of the Congress that 
the special medical care and logistical support program for Rongelap and 
Utrik and for the agriculture and food programs for Eniwetok and Bikini 
described in section 103(h) of Public Law 99-239 represent special and 
continuing moral commitments of the United States which will be annually 
funded to the extent of the need of the populations of such atolls for 
such assistance.

(Pub. L. 99-658, title I, Sec. 104, Nov. 14, 1986, 100 Stat. 3675; Pub. 
L. 101-219, title I, Sec. 105, Dec. 12, 1989, 103 Stat. 1871.)

                       References in Text

    The Compact, referred to in text, is the Compact of Free Association 
between the United States and the Government of Palau, which is 
contained in section 201 of Pub. L. 99-658, set out as a note under 
section 1931 of this title.
    The Compact of Free Association with the Marshall Islands and the 
Compact of Free Association with the Federated States of Micronesia and 
the Marshall Islands, referred to in subsecs. (a) and (f), are contained 
in the Compact of Free Association, which is contained in section 201 of 
Pub. L. 99-239, set out as a note under section 1901 of this title.
    This joint resolution and this Act, referred to in subsecs. (e), 
(f), and (i), is Pub. L. 99-658, Nov. 14, 1986, 100 Stat. 3672, as 
amended, which is classified generally to this part. Title II of this 
joint resolution enacted section 1934 of this title and provisions set 
out as a note under section 1931 of this title. For complete 
classification of this Act to the Code, see Tables.
    The Compact of Free Association Act of 1985 and Public Law 99-239, 
referred to in subsecs. (f), (g), and (i), is Pub. L. 99-239, Jan. 14, 
1986, 99 Stat. 1770, as amended, which is classified principally to 
subchapter I (Sec. 1901 et seq.) of this chapter and chapter 19 
(Sec. 2001 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 1901 of this 
title and Tables.
    Public Law 99-177, referred to in subsec. (f), is Pub. L. 99-177, 
Dec. 12, 1985, 99 Stat. 1037, as amended. For complete classification of 
this Act to the Code, see Tables.
    Public Law 99-366, referred to in subsec. (f), is Pub. L. 99-366, 
July 31, 1986, 100 Stat. 773. For complete classification of this Act to 
the Code, see Tables.
    The Compact of Free Association, referred to in subsecs. (g) and 
(i), probably means the Compact of Free Association between the 
Government of the United States and the Governments of the Marshall 
Islands and the Federated States of Micronesia, which is contained in 
section 201 of Pub. L. 99-239, set out as a note under section 1901 of 
this title.

                          Codification

    Section was formerly set out as a note under section 1681 of this 
title.
    Section is comprised of section 104 of Pub. L. 99-658. Subsec. (c) 
of section 104 of Pub. L. 99-658 amended section 1905 of this title. 
Subsec. (j)(1) and (2) of section 104 of Pub. L. 99-658 amended sections 
460ff-3 and 460ff-5 of Title 16, Conservation.


                               Amendments

    1989--Subsec. (e). Pub. L. 101-219 amended subsec. (e) generally. 
Prior to amendment, subsec. (e) read as follows: ``Neither the Secretary 
of the Treasury nor any other officer or agent of the United States 
shall pay or transfer any portion of the sums and amounts payable to the 
Government of Palau pursuant to this joint resolution to any party other 
than the Government of Palau. The provisions of section 174(a) of the 
Compact shall apply with respect to any action based on a contract or 
debt related to any electrical generating plant or related facilities 
entered into or incurred by Palau prior to the date of enactment of this 
joint resolution.''

                         Change of Name

    Committee on Interior and Insular Affairs of House of 
Representatives changed to Committee on Natural Resources of House of 
Representatives by House Resolution No. 5, One Hundred Third Congress, 
Jan. 5, 1993. Committee on Natural Resources of House of Representatives 
treated as referring to Committee on Resources of House of 
Representatives by section 1(a) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.

                  Section Referred to in Other Sections

    This section is referred to in section 1962 of this title.
