I 

113TH CONGRESS 

1ST SESSION H. R. 2200 

To improve the administration of programs in the insular areas, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. SABLAN (for himself, Mr. FALEOMAVAEGA, Mrs. CHRISTENSEN, and Ms. 

BORDALLO) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Education and the Workforce, Financial Services, Transportation and Infrastructure, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the administration of programs in the insular 

areas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Territorial Omnibus 

5 Act of 2013’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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Sec. 3. Territorial sea. 

Sec. 4. Adjustment of scheduled wage increases in the Commonwealth of the 

Northern Mariana Islands. 

Sec. 5. Amendments to the Consolidated Natural Resources Act. 

Sec. 6. Empowering insular communities. 

Sec. 7. Chief financial officer of the Virgin Islands. 

Sec. 8. Low-income home energy assistance program. 

Sec. 9. Castle Nugent National Historic Site Establishment. 

Sec. 10. St. Croix National Heritage area. 

Sec. 11. Guam World War II Loyalty Recognition Act. 

Sec. 12. Improvements in HUD assisted programs. 

Sec. 13. Formula for projects in American Samoa. 

Sec. 14. Waiver of local matching requirements. 

Sec. 15. Fishery endorsements. 

Sec. 16. Effects of Minimum Wage differentials in American Samoa. 

Sec. 17. American Samoa Citizenship Plebiscite Act. 

Sec. 18. Use of certain expenditures as in-kind contributions. 

1 SEC. 3. TERRITORIAL SEA. 

2 (a) IN GENERAL.—The first section and section 2 of 

3 Public Law 93–435 (48 U.S.C. 1705, 1706) are amended 

4 by inserting ‘‘the Commonwealth of the Northern Mariana 

5 Islands,’’ after ‘‘Guam,’’ each place it appears. 

6 (b) REFERENCES TO DATE OF ENACTMENT.—For 

7 the purposes of the amendment made by subsection (a), 

8 each reference in Public Law 93–435 to the ‘‘date of en9 actment’’ shall be considered to be a reference to the date 

10 of the enactment of this section. 

11 SEC. 4. ADJUSTMENT OF SCHEDULED WAGE INCREASES IN 

12 THE COMMONWEALTH OF THE NORTHERN 

13 MARIANA ISLANDS. 

14 Section 8103(b)(1)(B) of the U.S. Troop Readiness, 

15 Veterans’ Care, Katrina Recovery, and Iraq Accountability 

16 Appropriations Act, 2007 (as amended by section 2 of 


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1 Public Law 111–244) is amended by striking ‘‘2011’’ and 

2 inserting ‘‘2011, 2013, and 2015’’. 

3 SEC. 5. AMENDMENTS TO THE CONSOLIDATED NATURAL 

4 RESOURCES ACT. 

5 Section 6 of the Joint Resolution entitled ‘‘A Joint 

6 Resolution to approve the ‘Covenant To Establish a Com7 monwealth of the Northern Mariana Islands in Political 

8 Union with the United States of America’, and for other 

9 purposes’’, approved March 24, 1976 (Public Law 94– 

10 241; 90 Stat. 263), is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (2), by inserting after 

13 ‘‘subsections (b)’’ the following: ‘‘, (c),’’; and 

14 (B) by striking paragraph (6), and insert15 ing the following: 

16 ‘‘(6) CERTAIN EDUCATION FUNDING.— 

17 ‘‘(A) IN GENERAL.—In addition to fees 

18 charged pursuant to section 286(m) of the Im19 migration and Nationality Act (8 U.S.C. 1356 

20 (m)) to recover the full costs of providing adju21 dication services, the Secretary of Homeland 

22 Security shall charge an annual supplemental 

23 fee of $150 per nonimmigrant worker to each 

24 prospective employer who is issued a permit 

25 under subsection (d) of this section during the 


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1 transition program. Such supplemental fee shall 

2 be paid into the Treasury of the Commonwealth 

3 government for the purpose of funding ongoing 

4 vocational educational curricula and program 

5 development by Commonwealth educational en6 tities. 

7 ‘‘(B) PLAN FOR THE EXPENDITURE OF

8 FUNDS.—At the beginning of each fiscal year, 

9 and prior to the payment of the supplemental 

10 fee into the Treasury of the Commonwealth 

11 government in that fiscal year, the Common12 wealth government must provide to the Sec13 retary of Homeland Security, a plan for the ex14 penditure of funds and a projection of the effec15 tiveness of these expenditures in the placement 

16 of United States workers into jobs. 

17 ‘‘(C) GAO REPORT.—The Comptroller 

18 General of the United States shall report to the 

19 Congress every 2 years on the effectiveness of 

20 meeting the goals set out by the Commonwealth 

21 government in its annual plan for the expendi22 ture of funds.’’; 

23 (2) in subsection (c)— 

24 (A) in paragraph (1), by striking ‘‘during 

25 the transition period,’’; and 


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1 (B) by adding at the end the following: 

2 ‘‘(3) DURATION.—Notwithstanding any other 

3 provision of this Act, the Secretary may classify 

4 aliens pursuant to paragraph (1) until the date on 

5 which the transition program terminates. If the 

6 transition period is extended, the Secretary may con7 tinue to classify aliens pursuant to paragraph (1) 

8 until the date on which all extensions are termi9 nated.’’; and 

10 (3) in subsection (d)(2), by striking ‘‘December 

11 31, 2014’’ and inserting ‘‘December 31, 2019’’. 

12 SEC. 6. EMPOWERING INSULAR COMMUNITIES. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COMPREHENSIVE ENERGY PLAN.—The term 

15 ‘‘comprehensive energy plan’’ means a comprehen16 sive energy plan prepared and updated under sub17 sections (c) and (e) of section 604 of the Act entitled 

18 ‘‘An Act to authorize appropriations for certain in19 sular areas of the United States, and for other pur20 poses’’, approved December 24, 1980 (48 U.S.C. 

21 1492). 

22 (2) ENERGY ACTION PLAN.—The term ‘‘energy 

23 action plan’’ means the plan required by subsection 

24 (d). 


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1 (3) FREELY ASSOCIATED STATES.—The term 

2 ‘‘Freely Associated States’’ means the Federated 

3 States of Micronesia, the Republic of the Marshall 

4 Islands, and the Republic of Palau. 

5 (4) INSULAR AREAS.—The term ‘‘insular areas’’ 

6 means American Samoa, the Commonwealth of the 

7 Northern Mariana Islands, the Commonwealth of 

8 Puerto Rico, Guam, and the Virgin Islands. 

9 (5) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (6) TEAM.—The term ‘‘team’’ means the team 

12 established by the Secretary under subsection (b). 

13 (b) ESTABLISHMENT.—Not later than 180 days after 

14 the date of enactment of this Act, the Secretary shall es15 tablish a team of technical, policy, and financial experts— 

16 (1) to develop an energy action plan addressing 

17 the energy needs of each of the insular areas and 

18 Freely Associated States; and 

19 (2) to assist each of the insular areas and Free20 ly Associated States in implementing such plan. 

21 (c) PARTICIPATION OF REGIONAL UTILITY ORGANI22 ZATIONS.—In establishing the team, the Secretary shall 

23 consider including regional utility organizations. 

24 (d) ENERGY ACTION PLAN.—In accordance with sub25 section (b), the energy action plan shall include— 


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1 (1) recommendations, based on the comprehen2 sive energy plan where applicable, to— 

3 (A) reduce reliance and expenditures on 

4 imported fossil fuels; 

5 (B) develop indigenous, nonfossil fuel en6 ergy sources; and 

7 (C) improve performance of energy infra8 structure and overall energy efficiency; 

9 (2) a schedule for implementation of such rec10 ommendations and identification and prioritization 

11 of specific projects; 

12 (3) a financial and engineering plan for imple13 menting and sustaining projects; and 

14 (4) benchmarks for measuring progress toward 

15 implementation. 

16 (e) REPORTS TO SECRETARY.—Not later than 1 year 

17 after the date on which the Secretary establishes the team 

18 and annually thereafter, the team shall submit to the Sec19 retary a report detailing progress made in fulfilling its 

20 charge and in implementing the energy action plan. 

21 (f) ANNUAL REPORTS TO CONGRESS.—Not later 

22 than 30 days after the date on which the Secretary re23 ceives a report submitted by the team under subsection 

24 (e), the Secretary shall submit to the appropriate commit25 tees of Congress a summary of the report of the team. 


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1 SEC. 7. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS2 LANDS. 

3 (a) REFERENDUM.—As part of the next regularly 

4 scheduled, islands-wide election in the Virgin Islands after 

5 the date of enactment of this Act, the Board of Elections 

6 of the Virgin Islands shall hold a referendum to seek the 

7 approval of the people of the Virgin Islands regarding 

8 whether the position of Chief Financial Officer of the Gov9 ernment of the Virgin Islands shall be established as a 

10 part of the executive branch of the Government of the Vir11 gin Islands. The referendum shall be binding and con12 ducted according to the laws of the Virgin Islands, except 

13 that the results shall be determined by a majority of the 

14 ballots cast. 

15 (b) CHIEF FINANCIAL OFFICER OF THE VIRGIN IS16 LANDS.— 

17 (1) APPOINTMENT OF CHIEF FINANCIAL OFFI18 CER.— 

19 (A) IN GENERAL.—The Governor of the 

20 Virgin Islands shall appoint a Chief Financial 

21 Officer, with the advice and consent of the Leg22 islature of the Virgin Islands, from the names 

23 on the list required under subsection (b)(4). If 

24 the Governor has nominated a person for Chief 

25 Financial Officer but the Legislature of the Vir26 gin Islands has not confirmed a nominee within 


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1 90 days after receiving the list pursuant to sub2 section (b)(4), the Governor shall appoint from 

3 such list a Chief Financial Officer on an acting 

4 basis until the Legislature consents to a Chief 

5 Financial Officer. 

6 (B) ACTING CHIEF FINANCIAL OFFICER.— 

7 If a Chief Financial Officer has not been ap8 pointed under subparagraph (A) within 180 

9 days after the date of the enactment of this 

10 Act, the Virgin Islands Chief Financial Officer 

11 Search Commission, by majority vote, shall ap12 point from the names on the list submitted 

13 under subsection (b)(4), an Acting Chief Finan14 cial Officer to serve in that capacity until a 

15 Chief Financial Officer is appointed under the 

16 first sentence of subparagraph (A). In either 

17 case, if the Acting Chief Financial Officer 

18 serves in an acting capacity for 180 consecutive 

19 days, without further action the Acting Chief 

20 Financial Officer shall become the Chief Finan21 cial Officer. 

22 (2) DUTIES OF CHIEF FINANCIAL OFFICER.— 

23 The duties of the Chief Financial Officer shall in24 clude the following: 


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1 (A) Develop and report on the financial 

2 status of the Government of the Virgin Islands 

3 not later than 6 months after appointment and 

4 quarterly thereafter. Such reports shall be 

5 available to the public. 

6 (B) Each year prepare and certify spend7 ing limits of the annual budget, including an8 nual estimates of all revenues of the territory 

9 without regard to sources, and whether or not 

10 the annual budget is balanced. 

11 (C) Revise and update standards for finan12 cial management, including inventory and con13 tracting, for the Government of the Virgin Is14 lands in general and for each agency in con15 junction with the agency head. 

16 (3) DOCUMENTS PROVIDED.—The heads of 

17 each department of the Government of the Virgin Is18 lands, in particular the head of the Department of 

19 Finance of the Virgin Islands and the head of the 

20 Internal Revenue Bureau of the Virgin Islands shall 

21 provide all documents and information under the ju22 risdiction of that head that the Chief Financial Offi23 cer considers required to carry out his or her func24 tions to the Chief Financial Officer. 


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1 (4) CONDITIONS RELATED TO CHIEF FINANCIAL

2 OFFICER.— 

3 (A) TERM.—The Chief Financial Officer 

4 shall be appointed for a term of 5 years. 

5 (B) REMOVAL.—The Chief Financial Offi6 cer shall not be removed except for cause. An 

7 Acting Chief Financial Officer may be removed 

8 for cause or by a Chief Financial Officer ap9 pointed with the advice and consent of the Leg10 islature of the Virgin Islands. 

11 (C) REPLACEMENT.—If the Chief Finan12 cial Officer is unable to continue acting in that 

13 capacity due to removal, illness, death, or other14 wise, another Chief Financial Officer shall be 

15 selected in accordance with paragraph (1). 

16 (D) SALARY.—The Chief Financial Officer 

17 shall be paid at a salary to be determined by 

18 the Governor of the Virgin Islands, except such 

19 rate may not be less than the highest rate of 

20 pay for a cabinet officer of the Government of 

21 the Virgin Islands or a Chief Financial Officer 

22 serving in any government or semiautonomous 

23 agency. 

24 (c) ESTABLISHMENT OF COMMISSION.— 


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1 (1) ESTABLISHMENT.—There is established a 

2 commission to be known as the ‘‘Virgin Islands 

3 Chief Financial Officer Search Commission’’. 

4 (2) DUTY OF COMMISSION.—The Commission 

5 shall recommend to the Governor not less than 3 

6 candidates for nomination as Chief Financial Officer 

7 of the Virgin Islands. Each candidate must have 

8 demonstrated ability in general management of, 

9 knowledge of, and extensive practical experience at 

10 the highest levels of financial management in gov11 ernmental or business entities and must have experi12 ence in the development, implementation, and oper13 ation of financial management systems. 

14 (3) MEMBERSHIP.— 

15 (A) NUMBER AND APPOINTMENT.—The 

16 Commission shall be composed of 8 members 

17 appointed not later than 30 days after the date 

18 of the enactment of this Act. Persons appointed 

19 as members must have recognized business, 

20 government, or financial expertise and experi21 ence and shall be appointed as follows: 

22 (i) 1 individual appointed by the Gov23 ernor of the Virgin Islands. 


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1 (ii) 1 individual appointed by the 

2 President of the Legislature of the Virgin 

3 Islands. 

4 (iii) 1 individual, who is an employee 

5 of the Government of the Virgin Islands, 

6 appointed by the Central Labor Council of 

7 the Virgin Islands. 

8 (iv) 1 individual appointed by the 

9 Chamber of Commerce of St. Thomas-St. 

10 John. 

11 (v) 1 individual appointed by the 

12 Chamber of Commerce of St. Croix. 

13 (vi) 1 individual appointed by the 

14 President of the University of the Virgin 

15 Islands. 

16 (vii) 1 individual, who is a resident of 

17 St. John, appointed by the At-Large Mem18 ber of the Legislature of the Virgin Is19 lands. 

20 (viii) 1 individual appointed by the 

21 President of AARP Virgin islands. 

22 (B) TERMS.— 

23 (i) IN GENERAL.—Each member shall 

24 be appointed for the life of the Commis25 sion. 


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1 (ii) VACANCIES.—A vacancy in the 

2 Commission shall be filled in the manner 

3 in which the original appointment was 

4 made. Any member appointed to fill a va5 cancy shall be appointed for the remainder 

6 of that term. 

7 (C) BASIC PAY.—Members shall serve 

8 without pay. 

9 (D) QUORUM.—Five members of the Com10 mission shall constitute a quorum. 

11 (E) CHAIRPERSON.—The Chairperson of 

12 the Commission shall be the Chief Justice of 

13 the Supreme Court of the United States Virgin 

14 Islands or the designee of the Chief Justice. 

15 The Chairperson shall serve as an ex officio 

16 member of the Commission and shall vote only 

17 in the case of a tie. 

18 (F) MEETINGS.—The Commission shall 

19 meet at the call of the Chairperson. The Com20 mission shall meet for the first time not later 

21 than 15 days after all members have been ap22 pointed under this subsection. 

23 (G) GOVERNMENT EMPLOYMENT.—Mem24 bers may not be current government employees, 


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1 except for the member appointed under sub2 paragraph (A)(iii). 

3 (4) REPORT; RECOMMENDATIONS.—The Com4 mission shall transmit a report to the Governor, the 

5 Committee on Natural Resources of the House of 

6 Representatives and the Committee on Energy and 

7 Natural Resources of the Senate not later than 60 

8 days after its first meeting. The report shall name 

9 the Commission’s recommendations for candidates 

10 for nomination as Chief Financial Officer of the Vir11 gin Islands. 

12 (5) TERMINATION.—The Commission shall ter13 minate upon the nomination and confirmation of the 

14 Chief Financial Officer. 

15 (d) DEFINITIONS.—For the purposes of this section, 

16 the following definitions apply: 

17 (1) CHIEF FINANCIAL OFFICER.—In sub18 sections (a) and (b), the term ‘‘Chief Financial Offi19 cer’’ means a Chief Financial Officer or Acting 

20 Chief Financial Officer, as the case may be, ap21 pointed under subsection (a)(1). 

22 (2) COMMISSION.—The term ‘‘Commission’’ 

23 means the Virgin Islands Chief Financial Officer 

24 Search Commission established pursuant to sub25 section (b). 


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1 (3) GOVERNOR.—The term ‘‘Governor’’ means 

2 the Governor of the Virgin Islands. 

3 (4) REMOVAL FOR CAUSE.—The term ‘‘removal 

4 for cause’’ means removal based upon misconduct, 

5 failure to meet job requirements, or any grounds 

6 that a reasonable person would find grounds for dis7 charge. 

8 SEC. 8. LOW-INCOME HOME ENERGY ASSISTANCE PRO9 GRAM. 

10 (a) IN GENERAL.—The Secretary of Health and 

11 Human Services is authorized to make grants under sec12 tion 2602 of the Low Income Home Energy Assistance 

13 Act of 1981 (42 U.S.C. 8621) to the government of Virgin 

14 Islands in an amount equal to three times the FY 2013 

15 allotment for programs under this title. 

16 (b) ELIGIBILITY.—With respect to fiscal years 2013 

17 through 2017, the percentage described in section 

18 2605(b)(2)(B)(i) of the Low-Income Home Energy Assist19 ance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 

20 300 percent when applied to households located in the Vir21 gin Islands. 

22 SEC. 9. CASTLE NUGENT NATIONAL HISTORIC SITE ESTAB23 LISHMENT. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) HISTORIC SITE.—The term ‘‘historic site’’ 

2 means the Castle Nugent National Historic Site es3 tablished in subsection (b). 

4 (2) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (b) CASTLE NUGENT NATIONAL HISTORIC SITE.— 

7 (1) ESTABLISHMENT.—There is established as 

8 a unit of the National Park System the Castle 

9 Nugent National Historic Site on the Island of St. 

10 Croix, U.S. Virgin Islands, in order to preserve, pro11 tect, and interpret, for the benefit of present and fu12 ture generations, a Caribbean cultural landscape 

13 that spans more than 300 years of agricultural use, 

14 significant archeological resources, mangrove forests, 

15 endangered sea turtle nesting beaches, an extensive 

16 barrier coral reef system, and other outstanding nat17 ural features. 

18 (2) BOUNDARIES.—The historic site consists of 

19 the approximately 2,900 acres of land extending 

20 from Lowrys Hill and Laprey Valley to the Carib21 bean Sea and from Manchenil Bay to Great Pond, 

22 along with associated submerged lands to the three23 mile territorial limit, as generally depicted on the 

24 map titled ‘‘Castle Nugent National Historic Site 


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1 Proposed Boundary Map’’, numbered T22/100,447, 

2 and dated October 2009. 

3 (3) MAP AVAILABILITY.—The map referred to 

4 in paragraph (2) shall be on file and available for 

5 public inspection in the appropriate offices of the 

6 National Park Service, Department of the Interior. 

7 (4) ACQUISITION OF LAND.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), the Secretary is authorized 

10 to acquire lands and interests in lands within 

11 the boundaries of the historic site by donation, 

12 purchase with donated funds, or exchange. 

13 (B) U.S. VIRGIN ISLAND LANDS.—The 

14 Secretary is authorized to acquire lands and in15 terests in lands owned by the U.S. Virgin Is16 lands or any political subdivision thereof only 

17 by donation or exchange. 

18 (c) ADMINISTRATION.— 

19 (1) IN GENERAL.—The Secretary shall admin20 ister the historic site in accordance with this Act 

21 and with laws generally applicable to units of the 

22 National Park System, including— 

23 (A) the National Park Service Organic Act 

24 (39 Stat. 535; 16 U.S.C. 1 et seq.); and 


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1 (B) the Act of August 21, 1935 (49 Stat. 

2 666; 16 U.S.C. 461 et seq.). 

3 (2) SHARED RESOURCES.—To the greatest ex4 tent practicable, the Secretary shall use the re5 sources of other sites administered by the National 

6 Park Service on the Island of St. Croix or other 

7 Federal assets on the island of St. Croix to admin8 ister the historic site. 

9 (3) CONTINUED USE.—In order to maintain an 

10 important feature of the cultural landscape of the 

11 historic site, the Secretary may lease to the Univer12 sity of the Virgin Islands certain lands within the 

13 boundary of the historic site for the purpose of con14 tinuing the university’s operation breeding Senepol 

15 cattle, a breed developed on St. Croix. A lease under 

16 this subsection shall contain such terms and condi17 tions as the Secretary considers appropriate, includ18 ing those necessary to protect the values of the his19 toric site. 

20 (4) MANAGEMENT PLAN.—Not later than three 

21 years after funds are made available for this sub22 section, the Secretary shall prepare a general man23 agement plan for the historic site. 

24 SEC. 10. ST. CROIX NATIONAL HERITAGE AREA. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) HERITAGE AREA.—The term ‘‘Heritage 

2 Area’’ means the St. Croix National Heritage Area 

3 established by subsection (b)(1). 

4 (2) LOCAL COORDINATING ENTITY.—The term 

5 ‘‘local coordinating entity’’ means the local coordi6 nating entity for the Heritage Area designated by 

7 subsection (b)(4). 

8 (3) MANAGEMENT PLAN.—The term ‘‘manage9 ment plan’’ means the management plan for the 

10 Heritage Area required under subsection (d). 

11 (4) MAP.—The term ‘‘map’’ means the map en12 titled ‘‘Proposed St. Croix National Heritage Area’’ 

13 and dated XXXXXXXX. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (6) STATE.—The term ‘‘State’’ means St. 

17 Croix, U.S. Virgin Islands. 

18 (b) ST. CROIX NATIONAL HERITAGE AREA.— 

19 (1) ESTABLISHMENT.—There is established in 

20 the State the St. Croix National Heritage Area. 

21 (2) CONCEPTUAL BOUNDARIES.—The Heritage 

22 Area shall consist of the entire island. 

23 (3) MAP.—A map of the Heritage Area shall 

24 be— 

25 (A) included in the management plan; and 


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1 (B) on file and available for public inspec2 tion in the appropriate offices of the National 

3 Park Service. 

4 (4) LOCAL COORDINATING ENTITY.— 

5 (A) IN GENERAL.—The local coordinating 

6 entity for the Heritage Area shall be known as 

7 St. Croix United for Community, Culture, Envi8 ronment, and Economic Development (SUC9 CEED) Inc. 

10 (B) MEMBERSHIP REQUIREMENTS.—Mem11 bership in SUCCEED, Inc. shall be open to a 

12 broad cross-section of public, private, and non13 governmental sectors including businesses, indi14 viduals, agencies, and organizations that were 

15 involved in the planning and development of the 

16 Heritage Area prior to the enactment of this 

17 Act. 

18 (c) ADMINISTRATION.— 

19 (1) AUTHORITIES.—For purposes of carrying 

20 out the management plan, the Secretary, acting 

21 through the local coordinating entity, may use 

22 amounts made available under this section to— 

23 (A) make grants to the State or a political 

24 subdivision of the State, nonprofit organiza25 tions, and other persons; 


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1 (B) enter into cooperative agreements 

2 with, or provide technical assistance to, the 

3 State or a political subdivision of the State, 

4 nonprofit organizations, and other interested 

5 parties; 

6 (C) hire and compensate staff, which shall 

7 include individuals with expertise in natural, 

8 cultural, and historical resources protection, 

9 and heritage programming; 

10 (D) obtain money or services from any 

11 source including any that are provided under 

12 any other Federal law or program; 

13 (E) contract for goods or services; and 

14 (F) undertake to be a catalyst for any 

15 other activity that furthers the Heritage Area 

16 and is consistent with the approved manage17 ment plan. 

18 (2) DUTIES.—The local coordinating entity 

19 shall— 

20 (A) in accordance with subsection (d), pre21 pare and submit a management plan for the 

22 Heritage Area to the Secretary; 

23 (B) assist units of local government, re24 gional planning organizations, and nonprofit orVerDate Mar 15 2010 02:33 Jun 01, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.IH H2200

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1 ganizations in carrying out the approved man2 agement plan by— 

3 (i) carrying out programs and projects 

4 that recognize, protect, and enhance im5 portant resource values in the Heritage 

6 Area; 

7 (ii) establishing and maintaining in8 terpretive exhibits and programs in the 

9 Heritage Area; 

10 (iii) developing recreational and edu11 cational opportunities in the Heritage 

12 Area; 

13 (iv) increasing public awareness of, 

14 and appreciation for, natural, historical, 

15 scenic, and cultural resources of the Herit16 age Area; 

17 (v) protecting and restoring historic 

18 sites and buildings in the Heritage Area 

19 that are consistent with Heritage Area 

20 themes; 

21 (vi) ensuring that clear, consistent, 

22 and appropriate signs identifying points of 

23 public access, and sites of interest are 

24 posted throughout the Heritage Area; and 


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1 (vii) promoting a wide range of part2 nerships among governments, organiza3 tions, and individuals to further the Herit4 age Area; 

5 (C) consider the interests of diverse units 

6 of government, businesses, organizations, and 

7 individuals in the Heritage Area in the prepara8 tion and implementation of the management 

9 plan; 

10 (D) conduct meetings open to the public at 

11 least semiannually regarding the development 

12 and implementation of the management plan; 

13 (E) for any year that Federal funds have 

14 been received under this section— 

15 (i) submit an annual report to the 

16 Secretary that describes the activities, ex17 penses, and income of the local coordi18 nating entity (including grants to any 

19 other entities during the year that the re20 port is made); 

21 (ii) make available to the Secretary 

22 for audit all records relating to the expend23 iture of the funds and any matching funds; 

24 and 


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1 (iii) require, with respect to all agree2 ments authorizing expenditure of Federal 

3 funds by other organizations, that the or4 ganizations receiving the funds make avail5 able to the Secretary for audit all records 

6 concerning the expenditure of the funds; 

7 and 

8 (F) encourage by appropriate means eco9 nomic viability that is consistent with the Herit10 age Area. 

11 (3) PROHIBITION ON THE ACQUISITION OF

12 REAL PROPERTY.—The local coordinating entity 

13 shall not use Federal funds made available under 

14 this section to acquire real property or any interest 

15 in real property. 

16 (4) COST-SHARING REQUIREMENT.—The Fed17 eral share of the total cost of any activity under this 

18 Act shall be not more than 50 percent; the non-Fed19 eral contribution may be in the form of in-kind con20 tributions of goods or services fairly valued. 

21 (d) MANAGEMENT PLAN.— 

22 (1) IN GENERAL.—Not later than 3 years after 

23 the date of enactment of this Act, the local coordi24 nating entity shall submit to the Secretary for apVerDate Mar 15 2010 02:33 Jun 01, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2200.IH H2200

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1 proval a proposed management plan for the Heritage 

2 Area. 

3 (2) REQUIREMENTS.—The management plan 

4 shall— 

5 (A) incorporate an integrated and coopera6 tive approach for the protection, enhancement, 

7 and interpretation of the natural, cultural, his8 toric, scenic, and recreational resources of the 

9 Heritage Area; 

10 (B) take into consideration State and local 

11 plans; 

12 (C) include— 

13 (i) an inventory of— 

14 (I) the resources located in the 

15 core area described in subsection 

16 (b)(2); and 

17 (II) any other property in the 

18 core area that— 

19 (aa) is related to the themes 

20 of the Heritage Area; and 

21 (bb) should be preserved, re22 stored, managed, or maintained 

23 because of the significance of the 

24 property; 


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1 (ii) describe comprehensive policies, 

2 goals, strategies and recommendations for 

3 telling the story of the heritage of the area 

4 covered by the designation and encour5 aging long-term resource protection, en6 hancement, interpretation, funding, man7 agement, and development; 

8 (iii) a description of actions that gov9 ernments, private organizations, and indi10 viduals have agreed to take to protect the 

11 natural, historical and cultural resources of 

12 the Heritage Area; 

13 (iv) a program of implementation for 

14 the management plan by the local coordi15 nating entity that includes a description 

16 of— 

17 (I) actions to facilitate ongoing 

18 collaboration among partners to pro19 mote plans for resource protection, 

20 restoration, and construction; and 

21 (II) specific commitments for im22 plementation that have been made by 

23 the local coordinating entity or any 

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1 vidual for the first 5 years of oper2 ation; 

3 (v) the identification of sources of 

4 funding for carrying out the management 

5 plan; 

6 (vi) analysis and recommendations for 

7 means by which local, State, and Federal 

8 programs, may best be coordinated to 

9 carry out this section; and 

10 (vii) a business plan that describes the 

11 role, operation, financing, and functions of 

12 the local coordinating entity and of each of 

13 the major activities contained in the man14 agement plan and provides adequate assur15 ances that the local coordinating entity has 

16 the partnerships and financial and other 

17 resources necessary to implement the man18 agement plan for the National Heritage 

19 Area; and 

20 (D) recommend policies and strategies for 

21 resource management that consider and detail 

22 the application of appropriate land and water 

23 management techniques, including the develop24 ment of intergovernmental and interagency co25 operative agreements to protect the natural, 


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1 historical, cultural, educational, scenic, and rec2 reational resources of the Heritage Area. 

3 (3) DEADLINE.—If a proposed management 

4 plan is not submitted to the Secretary by the date 

5 that is 3 years after the date of enactment of this 

6 Act, the local coordinating entity shall be ineligible 

7 to receive additional funding under this section until 

8 the date that the Secretary receives and approves 

9 the management plan. 

10 (4) APPROVAL OR DISAPPROVAL OF MANAGE11 MENT PLAN.— 

12 (A) IN GENERAL.—Not later than 180 

13 days after the date of receipt of the manage14 ment plan under paragraph (1), the Secretary, 

15 in consultation with the State, shall approve or 

16 disapprove the management plan. 

17 (B) CRITERIA FOR APPROVAL.—In deter18 mining whether to approve the management 

19 plan, the Secretary shall consider whether— 

20 (i) the local coordinating entity is rep21 resentative of the diverse interests of the 

22 Heritage Area, including governments, nat23 ural and historic resource protection orga24 nizations, educational institutions, busi25 nesses, and recreational organizations; 


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1 (ii) the local coordinating entity has 

2 afforded adequate opportunity, including 

3 public hearings, for public and govern4 mental involvement in the preparation of 

5 the management plan; and 

6 (iii) the resource protection and inter7 pretation strategies contained in the man8 agement plan, if implemented, would ade9 quately protect the natural, historical, and 

10 cultural resources of the Heritage Area. 

11 (C) ACTION FOLLOWING DISAPPROVAL.—If 

12 the Secretary disapproves the management plan 

13 under subparagraph (A), the Secretary shall— 

14 (i) advise the local coordinating entity 

15 in writing of the reasons for the dis16 approval; 

17 (ii) make recommendations for revi18 sions to the management plan; and 

19 (iii) not later than 180 days after the 

20 receipt of any proposed revision of the 

21 management plan from the local coordi22 nating entity, approve or disapprove the 

23 proposed revision. 

24 (D) AMENDMENTS.— 


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1 (i) IN GENERAL.—The Secretary shall 

2 approve or disapprove each amendment to 

3 the management plan that the Secretary 

4 determines make a substantial change to 

5 the management plan. 

6 (ii) USE OF FUNDS.—The local co7 ordinating entity shall not use Federal 

8 funds authorized by this section to carry 

9 out any amendments to the management 

10 plan until the Secretary has approved the 

11 amendments. 

12 (e) RELATIONSHIP TO OTHER FEDERAL AGEN13 CIES.— 

14 (1) IN GENERAL.—Nothing in this section af15 fects the authority of a Federal agency to provide 

16 technical or financial assistance under any other law. 

17 (2) CONSULTATION AND COORDINATION.—The 

18 head of any Federal agency planning to conduct ac19 tivities that may have an impact on the Heritage 

20 Area is encouraged to consult and coordinate the ac21 tivities with the Secretary and the local coordinating 

22 entity to the maximum extent practicable. 

23 (3) OTHER FEDERAL AGENCIES.—Nothing in 

24 this section— 


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1 (A) modifies, alters, or amends any law or 

2 regulation authorizing a Federal agency to 

3 manage Federal land under the jurisdiction of 

4 the Federal agency; 

5 (B) limits the discretion of a Federal land 

6 manager to implement an approved land use 

7 plan within the boundaries of the Heritage 

8 Area; or 

9 (C) modifies, alters, or amends any author10 ized use of Federal land under the jurisdiction 

11 of a Federal agency. 

12 (f) PRIVATE PROPERTY AND REGULATORY PROTEC13 TIONS.—Nothing in this section— 

14 (1) abridges the rights of any property owner 

15 (whether public or private), including the right to re16 frain from participating in any plan, project, pro17 gram, or activity conducted within the Heritage 

18 Area; 

19 (2) requires any property owner to permit pub20 lic access (including access by Federal, State, or 

21 local agencies) to the property of the property 

22 owner, or to modify public access or use of property 

23 of the property owner under any other Federal, 

24 State, or local law; 


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1 (3) alters any duly adopted land use regulation, 

2 approved land use plan, or other regulatory author3 ity of any Federal, State, or local agency, or conveys 

4 any land use or other regulatory authority to the 

5 local coordinating entity; 

6 (4) authorizes or implies the reservation or ap7 propriation of water or water rights; 

8 (5) diminishes the authority of the State to 

9 manage fish and wildlife, including the regulation of 

10 fishing and hunting within the Heritage Area; or 

11 (6) creates any liability, or affects any liability 

12 under any other law, of any private property owner 

13 with respect to any person injured on the private 

14 property. 

15 (g) EVALUATION; REPORT.— 

16 (1) IN GENERAL.—Not later than 3 years be17 fore the date on which authority for Federal funding 

18 terminates for the Heritage Area, the Secretary 

19 shall— 

20 (A) conduct an evaluation of the accom21 plishments of the Heritage Area; and 

22 (B) prepare a report in accordance with 

23 paragraph (3). 

24 (2) EVALUATION.—An evaluation conducted 

25 under paragraph (1)(A) shall— 


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1 (A) assess the progress of the local coordi2 nating entity with respect to— 

3 (i) accomplishing the purposes of this 

4 section for the Heritage Area; and 

5 (ii) achieving the goals and objectives 

6 of the approved management plan for the 

7 Heritage Area; 

8 (B) analyze the Federal, State, local, and 

9 private investments in the Heritage Area to de10 termine the leverage and impact of the invest11 ments; and 

12 (C) review the management structure, 

13 partnership relationships, and funding of the 

14 Heritage Area for purposes of identifying the 

15 critical components for sustainability of the 

16 Heritage Area. 

17 (3) REPORT.— 

18 (A) IN GENERAL.—Based on the evalua19 tion conducted under paragraph (1)(A), the 

20 Secretary shall prepare a report that includes 

21 recommendations for the future role of the Na22 tional Park Service, if any, with respect to the 

23 Heritage Area. 

24 (B) REQUIRED ANALYSIS.—If the report 

25 prepared under subparagraph (A) recommends 


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1 that Federal funding for the Heritage Area be 

2 reauthorized, the report shall include an anal3 ysis of— 

4 (i) ways in which Federal funding for 

5 the Heritage Area may be reduced or 

6 eliminated; and 

7 (ii) the appropriate time period nec8 essary to achieve the recommended reduc9 tion or elimination. 

10 (C) SUBMISSION TO CONGRESS.—On com11 pletion of the report, the Secretary shall submit 

12 the report to— 

13 (i) the Committee on Energy and 

14 Natural Resources of the Senate; and 

15 (ii) the Committee on Natural Re16 sources of the House of Representatives. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $10,000,000, of which not more than $1,000,000 may be 

20 made available for any fiscal year. 

21 (i) TERMINATION OF AUTHORITY.—The authority of 

22 the Secretary to provide assistance under this section ter23 minates on the date that is 15 years after the date of en24 actment of this Act. 


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1 SEC. 11. GUAM WORLD WAR II LOYALTY RECOGNITION ACT. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Guam World War II Loyalty Recognition Act’’. 

4 (b) RECOGNITION OF THE SUFFERING AND LOYALTY

5 OF THE RESIDENTS OF GUAM.— 

6 (1) RECOGNITION OF THE SUFFERING OF THE

7 RESIDENTS OF GUAM.—The United States recog8 nizes that, as described by the Guam War Claims 

9 Review Commission, the residents of Guam, on ac10 count of their United States nationality, suffered un11 speakable harm as a result of the occupation of 

12 Guam by Imperial Japanese military forces during 

13 World War II, by being subjected to death, rape, se14 vere personal injury, personal injury, forced labor, 

15 forced march, or internment. 

16 (2) RECOGNITION OF THE LOYALTY OF THE

17 RESIDENTS OF GUAM.—The United States forever 

18 will be grateful to the residents of Guam for their 

19 steadfast loyalty to the United States, as dem20 onstrated by the countless acts of courage they per21 formed despite the threat of death or great bodily 

22 harm they faced at the hands of the Imperial Japa23 nese military forces that occupied Guam during 

24 World War II. 

25 (c) GUAM WORLD WAR II CLAIMS FUND.— 


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1 (1) ESTABLISHMENT OF FUND.—The Secretary 

2 of the Treasury shall establish in the Treasury of 

3 the United States a special fund (in this Act re4 ferred to as the ‘‘Claims Fund’’) for the payment of 

5 claims submitted by compensable Guam victims and 

6 survivors of compensable Guam decedents in accord7 ance with subsections (d) and (e). 

8 (2) COMPOSITION OF FUND.—The Claims Fund 

9 established under paragraph (1) shall be composed 

10 of amounts deposited into the Claims Fund under 

11 paragraph (3) and any other amounts made avail12 able for the payment of claims under this Act. 

13 (3) PAYMENT OF CERTAIN DUTIES, TAXES, AND

14 FEES COLLECTED FROM GUAM DEPOSITED INTO

15 FUND.— 

16 (A) IN GENERAL.—Notwithstanding sec17 tion 30 of the Organic Act of Guam (48 U.S.C. 

18 1421h), the excess of— 

19 (i) any amount of duties, taxes, and 

20 fees collected under such section after fis21 cal year 2012; over 

22 (ii) the amount of duties, taxes, and 

23 fees collected under such section during 

24 fiscal year 2012, 

25 shall be deposited into the Claims Fund. 


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1 (B) APPLICATION.—Subparagraph (A) 

2 shall not apply after the date for which the Sec3 retary of the Treasury determines that all pay4 ments required to be made under subsection (d) 

5 have been made. 

6 (4) LIMITATION ON PAYMENTS MADE FROM

7 FUND.— 

8 (A) IN GENERAL.—No payment may be 

9 made in a fiscal year under subsection (d) until 

10 funds are deposited into the Claims Fund in 

11 such fiscal year under paragraph (3). 

12 (B) AMOUNTS.—For each fiscal year in 

13 which funds are deposited into the Claims Fund 

14 under paragraph (3), the total amount of pay15 ments made in a fiscal year under subsection 

16 (d) may not exceed the amount of funds avail17 able in the Claims Fund for such fiscal year. 

18 (5) DEDUCTIONS FROM FUND FOR ADMINIS19 TRATIVE EXPENSES.—The Secretary of the Treasury 

20 shall deduct from any amounts deposited into the 

21 Claims Fund an amount equal to 5 percent of such 

22 amounts as reimbursement to the Federal Govern23 ment for expenses incurred by the Foreign Claims 

24 Settlement Commission and by the Department of 

25 the Treasury in the administration of this Act. The 


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1 amounts so deducted shall be covered into the 

2 Treasury as miscellaneous receipts. 

3 (d) PAYMENTS FOR GUAM WORLD WAR II CLAIMS.— 

4 (1) PAYMENTS FOR DEATH, PERSONAL INJURY, 

5 FORCED LABOR, FORCED MARCH, AND INTERN6 MENT.—After the Secretary of the Treasury receives 

7 the certification from the Chairman of the Foreign 

8 Claims Settlement Commission as required under 

9 subsection (e)(2)(H), the Secretary of the Treasury 

10 shall make payments to compensable Guam victims 

11 and survivors of compensable Guam decedents as 

12 follows: 

13 (A) COMPENSABLE GUAM VICTIM.—Before 

14 making any payments under subparagraph (B), 

15 the Secretary shall make payments to compen16 sable Guam victims as follows: 

17 (i) In the case of a victim who has 

18 suffered an injury described in paragraph 

19 (3)(B)(i), $15,000. 

20 (ii) In the case of a victim who is not 

21 described in subparagraph (A), but who 

22 has suffered an injury described in para23 graph (3)(B)(ii), $12,000. 

24 (iii) In the case of a victim who is not 

25 described in subparagraph (A) or (B), but 


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1 who has suffered an injury described in 

2 paragraph (3)(B)(iii), $10,000. 

3 (B) SURVIVORS OF COMPENSABLE GUAM

4 DECEDENTS.—In the case of a compensable 

5 Guam decedent, the Secretary shall pay 

6 $25,000 for distribution to survivors of the de7 cedent in accordance with paragraph (2). The 

8 Secretary shall make payments under this sub9 paragraph only after all payments are made 

10 under subparagraph (A). 

11 (2) DISTRIBUTION OF SURVIVOR PAYMENTS.— 

12 A payment made under paragraph (1)(B) to the sur13 vivors of a compensable Guam decedent shall be dis14 tributed as follows: 

15 (A) In the case of a decedent whose spouse 

16 is living as of the date of the enactment of this 

17 Act, but who had no living children as of such 

18 date, the payment shall be made to such 

19 spouse. 

20 (B) In the case of a decedent whose spouse 

21 is living as of the date of the enactment of this 

22 Act and who had one or more living children as 

23 of such date, 50 percent of the payment shall 

24 be made to the spouse and 50 percent shall be 

25 made to such children, to be divided among 


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1 such children to the greatest extent possible 

2 into equal shares. 

3 (C) In the case of a decedent whose spouse 

4 is not living as of the date of the enactment of 

5 this Act and who had one or more living chil6 dren as of such date, the payment shall be 

7 made to such children, to be divided among 

8 such children to the greatest extent possible 

9 into equal shares. 

10 (D) In the case of a decedent whose spouse 

11 is not living as of the date of the enactment of 

12 this Act and who had no living children as of 

13 such date, but who— 

14 (i) had a parent who is living as of 

15 such date, the payment shall be made to 

16 the parent; or 

17 (ii) had two parents who are living as 

18 of such date, the payment shall be divided 

19 equally between the parents. 

20 (E) In the case of a decedent whose spouse 

21 is not living as of the date of the enactment of 

22 this Act, who had no living children as of such 

23 date, and who had no parents who are living as 

24 of such date, no payment shall be made. 

25 (3) DEFINITIONS.—For purposes of this Act: 


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1 (A) COMPENSABLE GUAM DECEDENT.— 

2 The term ‘‘compensable Guam decedent’’ means 

3 an individual determined under subsection (e) 

4 to have been a resident of Guam who died as 

5 a result of the attack and occupation of Guam 

6 by Imperial Japanese military forces during 

7 World War II, or incident to the liberation of 

8 Guam by United States military forces, and 

9 whose death would have been compensable 

10 under the Guam Meritorious Claims Act of 

11 1945 (Public Law 79–224) if a timely claim 

12 had been filed under the terms of such Act. 

13 (B) COMPENSABLE GUAM VICTIM.—The 

14 term ‘‘compensable Guam victim’’ means an in15 dividual who is not deceased as of the date of 

16 the enactment of this Act and who is deter17 mined under subsection (e) to have suffered, as 

18 a result of the attack and occupation of Guam 

19 by Imperial Japanese military forces during 

20 World War II, or incident to the liberation of 

21 Guam by United States military forces, any of 

22 the following: 

23 (i) Rape or severe personal injury 

24 (such as loss of a limb, dismemberment, or 

25 paralysis). 


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1 (ii) Forced labor or a personal injury 

2 not under clause (i) (such as disfigure3 ment, scarring, or burns). 

4 (iii) Forced march, internment, or 

5 hiding to evade internment. 

6 (C) DEFINITIONS OF SEVERE PERSONAL

7 INJURIES AND PERSONAL INJURIES.—Not later 

8 than 180 days after the date of the enactment 

9 of this Act, the Foreign Claims Settlement 

10 Commission shall promulgate regulations to 

11 specify the injuries that constitute a severe per12 sonal injury or a personal injury for purposes of 

13 clauses (i) and (ii), respectively, of subpara14 graph (B). 

15 (e) ADJUDICATION.— 

16 (1) AUTHORITY OF FOREIGN CLAIMS SETTLE17 MENT COMMISSION.— 

18 (A) IN GENERAL.—The Foreign Claims 

19 Settlement Commission shall adjudicate claims 

20 and determine the eligibility of individuals for 

21 payments under subsection (d). 

22 (B) RULES AND REGULATIONS.—Not later 

23 than 180 days after the date of the enactment 

24 of this Act, the Chairman of the Foreign 

25 Claims Settlement Commission shall publish in 


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1 the Federal Register such rules and regulations 

2 as may be necessary to enable the Commission 

3 to carry out the functions of the Commission 

4 under this Act. 

5 (2) CLAIMS SUBMITTED FOR PAYMENTS.— 

6 (A) SUBMITTAL OF CLAIM.—For purposes 

7 of paragraph (1)(A) and subject to subpara8 graph (B), the Foreign Claims Settlement Com9 mission may not determine an individual is eli10 gible for a payment under subsection (d) unless 

11 the individual submits to the Commission a 

12 claim in such manner and form and containing 

13 such information as the Commission specifies. 

14 (B) FILING PERIOD FOR CLAIMS AND NO15 TICE.— 

16 (i) FILING PERIOD.—An individual fil17 ing a claim for a payment under subsection 

18 (d) shall file such claim not later than one 

19 year after the date on which the Foreign 

20 Claims Settlement Commission publishes 

21 the notice described in clause (ii). 

22 (ii) NOTICE OF FILING PERIOD.—Not 

23 later than 180 days after the date of the 

24 enactment of this Act, the Foreign Claims 

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1 tice of the deadline for filing a claim de2 scribed in clause (i)— 

3 (I) in the Federal Register; and 

4 (II) in newspaper, radio, and tel5 evision media in Guam. 

6 (C) ADJUDICATORY DECISIONS.—The deci7 sion of the Foreign Claims Settlement Commis8 sion on each claim filed under this Act shall— 

9 (i) be by majority vote; 

10 (ii) be in writing; 

11 (iii) state the reasons for the approval 

12 or denial of the claim; and 

13 (iv) if approved, state the amount of 

14 the payment awarded and the distribution, 

15 if any, to be made of the payment. 

16 (D) DEDUCTIONS IN PAYMENT.—The For17 eign Claims Settlement Commission shall de18 duct, from a payment made to a compensable 

19 Guam victim or survivors of a compensable 

20 Guam decedent under this subsection, amounts 

21 paid to such victim or survivors under the 

22 Guam Meritorious Claims Act of 1945 (Public 

23 Law 79–224) before the date of the enactment 

24 of this Act. 


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1 (E) INTEREST.—No interest shall be paid 

2 on payments made by the Foreign Claims Set3 tlement Commission under subsection (d). 

4 (F) LIMITED COMPENSATION FOR PROVI5 SION OF REPRESENTATIONAL SERVICES.— 

6 (i) LIMIT ON COMPENSATION.—Any 

7 agreement under which an individual who 

8 provided representational services to an in9 dividual who filed a claim for a payment 

10 under this Act that provides for compensa11 tion to the individual who provided such 

12 services in an amount that is more than 

13 one percent of the total amount of such 

14 payment shall be unlawful and void. 

15 (ii) PENALTIES.—Whoever demands 

16 or receives any compensation in excess of 

17 the amount allowed under clause (i) shall 

18 be fined not more than $5,000 or impris19 oned not more than one year, or both. 

20 (G) APPEALS AND FINALITY.—Objections 

21 and appeals of decisions of the Foreign Claims 

22 Settlement Commission shall be to the Commis23 sion, and upon rehearing, the decision in each 

24 claim shall be final, and not subject to further 

25 review by any court or agency. 


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1 (H) CERTIFICATIONS FOR PAYMENT.— 

2 After a decision approving a claim becomes 

3 final, the Chairman of the Foreign Claims Set4 tlement Commission shall certify such decision 

5 to the Secretary of the Treasury for authoriza6 tion of a payment under subsection (d). 

7 (I) TREATMENT OF AFFIDAVITS.—For 

8 purposes of subsection (d) and subject to sub9 paragraph (B), the Foreign Claims Settlement 

10 Commission shall treat a claim that is accom11 panied by an affidavit of an individual that at12 tests to all of the material facts required for es13 tablishing the eligibility of such individual for 

14 payment under such subsection as establishing 

15 a prima facie case of the eligibility of the indi16 vidual for such payment without the need for 

17 further documentation, except as the Commis18 sion may otherwise require. Such material facts 

19 shall include, with respect to a claim for a pay20 ment made under subsection (d)(1), a detailed 

21 description of the injury or other circumstance 

22 supporting the claim involved, including the 

23 level of payment sought. 

24 (J) RELEASE OF RELATED CLAIMS.—Ac25 ceptance of a payment under subsection (d) by 


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1 an individual for a claim related to a compen2 sable Guam decedent or a compensable Guam 

3 victim shall be in full satisfaction of all claims 

4 related to such decedent or victim, respectively, 

5 arising under the Guam Meritorious Claims Act 

6 of 1945 (Public Law 79–224), the imple7 menting regulations issued by the United States 

8 Navy pursuant to such Act (Public Law 79– 

9 224), or this Act. 

10 SEC. 12. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. 

11 Section 214(a)(7) of the Housing and Community 

12 Development Act of 1980 (42 U.S.C. 1436a(a)(7)) is 

13 amended by striking ‘‘such alien’’ and all that follows 

14 through the period at the end and inserting ‘‘any citizen 

15 or national of the United States shall be entitled to a pref16 erence or priority in receiving financial assistance before 

17 any such alien who is otherwise eligible for such assist18 ance.’’. 

19 SEC. 13. FORMULA FOR PROJECTS IN AMERICAN SAMOA. 

20 (a) STUDY.—The Comptroller General of the United 

21 States shall conduct a study regarding the use of benefit22 to-cost ratio formulas by Federal departments and agen23 cies for purposes of evaluating projects in American 

24 Samoa. 


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1 (b) CONTENTS.—In conducting the study, the Comp2 troller General shall— 

3 (1) assess whether the benefit-to-cost ratio for4 mulas described in subsection (a) take into consider5 ation— 

6 (A) the remote locations in, and the cost of 

7 transportation to and from, American Samoa; 

8 and 

9 (B) other significant factors that are not 

10 comparable to locations within the 48 contig11 uous States; and 

12 (2) assess, in particular, the use of benefit-to13 cost ratio formulas by— 

14 (A) the Secretary of Transportation with 

15 respect to airport traffic control tower pro16 grams; and 

17 (B) the Secretary of the Army, acting 

18 through the Corps of Engineers, with respect to 

19 a harbor project or other water resources devel20 opment project. 

21 (c) REPORT TO CONGRESS.—Not later than 90 days 

22 after the date of enactment of this Act, the Comptroller 

23 General shall submit to Congress a report on the results 

24 of the study. 


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1 SEC. 14. WAIVER OF LOCAL MATCHING REQUIREMENTS. 

2 (a) WAIVER OF CERTAIN MATCHING REQUIRE3 MENTS.—Section 501 of the Act entitled ‘‘An Act to au4 thorize certain appropriations for the territories of the 

5 United States, to amend certain Acts relating thereto, and 

6 for other purposes’’, approved October 15, 1977 (48 

7 U.S.C. 1469a; 91 Stat. 1164) is amended— 

8 (1) in the last sentence of subsection (d), by 

9 striking ‘‘by law’’; and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(e) Notwithstanding any other provision of law, in 

13 the case of American Samoa, Guam, the Virgin Islands, 

14 and the Northern Mariana Islands, each department or 

15 agency of the United States shall waive any requirement 

16 for local matching funds (including in-kind contributions) 

17 that the insular area would otherwise be required to pro18 vide for any grant as follows: 

19 ‘‘(1) For a grant requiring matching funds (in20 cluding in-kind contributions) of $500,000 or less, 

21 the entire matching requirement shall be waived. 

22 ‘‘(2) For a grant requiring matching funds (in23 cluding in-kind contributions) of more than 

24 $500,000, $500,000 of the matching requirement 

25 shall be waived.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 601 of the 

2 Act entitled ‘‘An Act to authorize appropriations for cer3 tain insular areas of the United States, and for other pur4 poses’’, approved March 12, 1980 (48 U.S.C. 1469a note; 

5 94 Stat. 90), is amended by striking ‘‘, and adding the 

6 following sentence’’ and all that follows through ‘‘Is7 lands’.’’. 

8 SEC. 15. FISHERY ENDORSEMENTS. 

9 Section 12113 of title 46, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(j) CERTAIN EXEMPTION.—Paragraph (3) of sub12 section (a) shall not apply to any vessel that— 

13 ‘‘(1) offloads in American Samoa; and 

14 ‘‘(2) was rebuilt outside of the United States 

15 before January 1, 2011.’’. 

16 SEC. 16. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN 

17 AMERICAN SAMOA. 

18 Section 8104 of the Fair Minimum Wage Act of 2007 

19 (29 U.S.C. 206 note) is amended by adding at the end 

20 the following: 

21 ‘‘(c) EFFECTS OF MINIMUM WAGE DIFFERENTIALS

22 IN AMERICAN SAMOA.—The reports required under this 

23 section shall include an analysis of the economic effects 

24 on employees and employers of the differentials in min25 imum wage rates among industries and classifications in 


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1 American Samoa under section 697 of title 29, Code of 

2 Federal Regulations, including the potential effects of 

3 eliminating such differentials prior to the time when such 

4 rates are scheduled to be equal to the minimum wage set 

5 forth in section 6(a)(1) of the Fair Labor Standards Act 

6 (29 U.S.C. 206(a)(1)).’’. 

7 SEC. 17. AMERICAN SAMOA CITIZENSHIP PLEBISCITE ACT. 

8 (a) SHORT TITLE.—This section may be cited as the 

9 ‘‘American Samoa Citizenship Plebiscite Act’’. 

10 (b) FINDINGS AND PURPOSE.— 

11 (1) FINDINGS.—Congress finds the following: 

12 (A) Under the Immigration and Nation13 ality Act, persons born in Puerto Rico, Guam, 

14 the United States Virgin Islands, and the Com15 monwealth of the Northern Mariana Islands are 

16 citizens of the United States at birth. Persons 

17 born in the United States territory of American 

18 Samoa are nationals of the United States, but 

19 not citizens, at birth. 

20 (B) The term ‘‘national of the United 

21 States’’ is defined under the Immigration and 

22 Nationality Act to include persons who, though 

23 not citizens of the United States, owe perma24 nent allegiance to the United States. 


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1 (C) For more than 100 years, American 

2 Samoans who are United States nationals have 

3 demonstrated their loyalty and allegiance to the 

4 United States. On April 17, 1900, the village 

5 chiefs of Tutuila and Aunu’u ceded their is6 lands to the United States. On July 16, 1904, 

7 his Majesty King Tuimanu’a of the Manu’a Is8 lands and his village chiefs did the same. On 

9 February 20, 1929, the United States Congress 

10 officially ratified the Treaty of Cession of 

11 Tutuila and Aunu’u and the Treaty of Cession 

12 of Manu’a. On March 4, 1925, by Joint Resolu13 tion of the United States Congress, American 

14 sovereignty was officially extended over Swains 

15 Island and it was placed under the jurisdiction 

16 of the government of American Samoa. 

17 (D) Since ratification of the Treaties of 

18 Cession, many American Samoans who are 

19 United States nationals have joined the United 

20 States Armed Forces and fought for the United 

21 States during World War II, the Korean, Viet22 nam, and Persian Gulf wars, and most recently 

23 in Iraq and Afghanistan. 

24 (E) It is the responsibility of the Secretary 

25 of Interior to advance the economic, social and 


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1 political development of the territories of the 

2 United States. 

3 (2) PURPOSE.—The purpose of this section is 

4 to provide for a federally authorized vote in Amer5 ican Samoa on the question of citizenship and if a 

6 majority of voters vote for citizenship, to describe 

7 the steps that the President and Congress shall take 

8 to enable American Samoans to be granted citizen9 ship. 

10 (c) CITIZENSHIP VOTE.—The Secretary of Interior 

11 shall direct the American Samoa Election Office to con12 duct a plebiscite on the issue of whether persons born in 

13 American Samoa desire United States citizenship. 

14 ‘‘As United States Citizens: 

15 ‘‘(A) Individuals born in American Samoa 

16 would be United States citizens by Federal law. 

17 ‘‘(B) All persons living in American Samoa 

18 who are United States nationals will become 

19 United States citizens. Persons born in Amer20 ican Samoa will no longer be United States na21 tionals. 

22 Do you want persons born in American Samoa to 

23 become United States citizens? Yes ll Noll?’’. 


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1 SEC. 18. USE OF CERTAIN EXPENDITURES AS IN-KIND CON2 TRIBUTIONS. 

3 (a) IN GENERAL.—Except as provided under sub4 section (c), local matching requirements required of an af5 fected jurisdiction for Federal programs may be paid in 

6 cash or in-kind services provided by the affected jurisdic7 tion pursuant to the following: 

8 (1) Section 311 of the Compact of Free Asso9 ciation between the Government of the United 

10 States and the Government of the Federated States 

11 of Micronesia, approved in the Compact of Free As12 sociation Amendments Act of 2003 (Public Law 

13 108–188; 117 Stat. 2781). 

14 (2) Section 311 of the Compact of Free Asso15 ciation between the Government of the United 

16 States and the Government of the Republic of the 

17 Marshall Islands, approved in the Compact of Free 

18 Association Amendments Act of 2003 (Public Law 

19 108–188; 117 Stat. 2781). 

20 (3) The Compact of Free Association between 

21 the Government of the United States and the Gov22 ernment of the Republic of Palau, approved in the 

23 Palau Compact of Free Association Act (Public Law 

24 99–658; 100 Stat. 3672). 

25 (b) DETERMINATION OF AMOUNTS TO BE CONSID26 ERED IN-KIND CONTRIBUTIONS.—The Secretary of the 


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1 Interior shall determine the amounts that may be consid2 ered in-kind contributions for an affected jurisdiction 

3 under this section based on a reasonable estimate of the 

4 amount of impact expenditures for the Freely Associated 

5 States divided by a reasonable estimate of the number of 

6 inhabitants from the Freely Associated States living in 

7 that affected jurisdiction. 

8 (c) COMPETITIVE GRANTS.—Local matching require9 ments required of an affected jurisdiction for Federal com10 petitive grant programs may not be paid in cash or in11 kind services under this section. 

12 (d) AFFECTED JURISDICTIONS.—The term ‘‘affected 

13 jurisdiction’’ shall have the meaning give that term in sec14 tion 104(e) of Public Law 108–188. (117 Stat. 2739). 

Æ 


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