II 

113TH CONGRESS 

1ST SESSION S. 1237 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2013 

Mr. WYDEN (for himself and Ms. MURKOWSKI) (by request) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

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 ‘‘Omnibus Territories 

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. 

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. 


PWALKER on DSK7TPTVN1PROD with BILLS
2 

•S 1237 IS

Sec. 6. Study of electric rates in the insular areas. 

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

Sec. 8. Reports on estimates of revenues. 

Sec. 9. Low-income home energy assistance program. 

Sec. 10. Castle Nugent National Historic Site Establishment. 

Sec. 11. St. Croix National Heritage Area. 

Sec. 12. Guam War Claims Review Commission. 

Sec. 13. Use of certain expenditures as in-kind contributions. 

Sec. 14. Improvements in HUD assisted programs. 

Sec. 15. Benefit to cost ratio study for projects in American Samoa. 

Sec. 16. Waiver of local matching requirements. 

Sec. 17. Fishery endorsements. 

Sec. 18. Effects of minimum wage differentials in American Samoa. 

Sec. 19. American Samoa Citizenship Plebiscite Act. 

Sec. 20. Eligibility for marine turtle conservation assistance. 

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 Fair Minimum Wage 

15 Act of 2007 (29 U.S.C. 206 note; Public Law 110–28) 

16 is amended by striking ‘‘2011’’ and inserting ‘‘2011, 

17 2013, and 2015’’. 


PWALKER on DSK7TPTVN1PROD with BILLS
3 

•S 1237 IS

1 SEC. 5. AMENDMENTS TO THE CONSOLIDATED NATURAL 

2 RESOURCES ACT. 

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

4 Resolution to approve the ‘Covenant To Establish a Com5 monwealth of the Northern Mariana Islands in Political 

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

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

8 241; 90 Stat. 263), is amended— 

9 (1) in subsection (a)— 

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

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

12 (B) by striking paragraph (6), and insert13 ing the following: 

14 ‘‘(6) CERTAIN EDUCATION FUNDING.— 

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

16 charged pursuant to section 286(m) of the Im17 migration and Nationality Act (8 U.S.C. 1356 

18 (m)) to recover the full costs of providing adju19 dication services, the Secretary of Homeland 

20 Security shall charge an annual supplemental 

21 fee of $150 per nonimmigrant worker to each 

22 prospective employer who is issued a permit 

23 under subsection (d) of this section during the 

24 transition program. Such supplemental fee shall 

25 be paid into the Treasury of the Commonwealth 

26 government for the purpose of funding ongoing 


PWALKER on DSK7TPTVN1PROD with BILLS
4 

•S 1237 IS

1 vocational educational curricula and program 

2 development by Commonwealth educational en3 tities. 

4 ‘‘(B) PLAN FOR THE EXPENDITURE OF

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

6 and prior to the payment of the supplemental 

7 fee into the Treasury of the Commonwealth 

8 government in that fiscal year, the Common9 wealth government must provide to the Sec10 retary of Homeland Security, a plan for the ex11 penditure of funds, a projection of the effective12 ness of these expenditures in the placement of 

13 United States workers into jobs, and a report 

14 on the changes in employment of United States 

15 workers attributable to prior year expenditures. 

16 ‘‘(C) DHS REPORT.—The Secretary of 

17 Homeland Security shall report to the Congress 

18 every 2 years on the effectiveness of meeting 

19 the goals set out by the Commonwealth govern20 ment in its annual plan for the expenditure of 

21 funds.’’; 

22 (2) in subsection (c)— 

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

24 the transition period,’’; and 

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


PWALKER on DSK7TPTVN1PROD with BILLS
5 

•S 1237 IS

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

2 provision of this Act, the Secretary may classify 

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

4 which the transition program terminates. If the 

5 transition period is extended, the Secretary may con6 tinue to classify aliens pursuant to paragraph (1) 

7 until the date on which all extensions are termi8 nated.’’; and 

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

10 31, 2014’’ and inserting ‘‘December 31, 2019’’. 

11 SEC. 6. STUDY OF ELECTRIC RATES IN THE INSULAR 

12 AREAS. 

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). 


PWALKER on DSK7TPTVN1PROD with BILLS
6 

•S 1237 IS

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, Puerto Rico, Guam, and 

8 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, 

15 within the Empowering Insular Communities activity, es16 tablish a team of technical, policy, and financial experts— 

17 (1) to develop an energy action plan addressing 

18 the energy needs of each of the insular areas and 

19 Freely Associated States; and 

20 (2) to assist each of the insular areas and Free21 ly Associated States in implementing such plan. 

22 (c) PARTICIPATION OF REGIONAL UTILITY ORGANI23 ZATIONS.—In establishing the team, the Secretary shall 

24 consider including regional utility organizations. 


PWALKER on DSK7TPTVN1PROD with BILLS
7 

•S 1237 IS

1 (d) ENERGY ACTION PLAN.—In accordance with sub2 section (b), the energy action plan shall include— 

3 (1) recommendations, based on the comprehen4 sive energy plan where applicable, to— 

5 (A) reduce reliance and expenditures on 

6 imported fossil fuels; 

7 (B) develop indigenous, nonfossil fuel en8 ergy sources; and 

9 (C) improve performance of energy infra10 structure and overall energy efficiency; 

11 (2) a schedule for implementation of such rec12 ommendations and identification and prioritization 

13 of specific projects; 

14 (3) a financial and engineering plan for imple15 menting and sustaining projects; and 

16 (4) benchmarks for measuring progress toward 

17 implementation. 

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

19 after the date on which the Secretary establishes the team 

20 and annually thereafter, the team shall submit to the Sec21 retary a report detailing progress made in fulfilling its 

22 charge and in implementing the energy action plan. 

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

24 than 30 days after the date on which the Secretary re25 ceives a report submitted by the team under subsection 


PWALKER on DSK7TPTVN1PROD with BILLS
8 

•S 1237 IS

1 (e), the Secretary shall submit to the appropriate commit2 tees of Congress a summary of the report of the team. 

3 SEC. 7. CHIEF FINANCIAL OFFICER OF THE VIRGIN IS4 LANDS. 

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

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

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

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

9 approval of the people of the Virgin Islands regarding 

10 whether the position of Chief Financial Officer of the Gov11 ernment of the Virgin Islands shall be established as a 

12 part of the executive branch of the Government of the Vir13 gin Islands. The referendum shall be binding and con14 ducted according to the laws of the Virgin Islands, except 

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

16 ballots cast. 

17 (b) CHIEF FINANCIAL OFFICER OF THE VIRGIN IS18 LANDS.— 

19 (1) APPOINTMENT OF CHIEF FINANCIAL OFFI20 CER.— 

21 (A) IN GENERAL.—If the majority of bal22 lots cast in a referendum under subsection (a) 

23 approve the establishment of the position of 

24 Chief Financial Officer of the Government of 

25 the Virgin Islands, the Governor of the Virgin 


PWALKER on DSK7TPTVN1PROD with BILLS
9 

•S 1237 IS

1 Islands shall appoint a Chief Financial Officer, 

2 with the advice and consent of the Legislature 

3 of the Virgin Islands, from the names on the 

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

5 Governor has nominated a person for Chief Fi6 nancial Officer but the Legislature of the Virgin 

7 Islands has not confirmed a nominee within 90 

8 days after receiving the list pursuant to sub9 section (b)(4), the Governor shall appoint from 

10 such list a Chief Financial Officer on an acting 

11 basis until the Legislature consents to a Chief 

12 Financial Officer. 

13 (B) ACTING CHIEF FINANCIAL OFFICER.— 

14 If a Chief Financial Officer has not been ap15 pointed under subparagraph (A) within 180 

16 days after the date of the enactment of this 

17 Act, the Virgin Islands Chief Financial Officer 

18 Search Commission, by majority vote, shall ap19 point from the names on the list submitted 

20 under subsection (b)(4), an Acting Chief Finan21 cial Officer to serve in that capacity until a 

22 Chief Financial Officer is appointed under the 

23 first sentence of subparagraph (A). In either 

24 case, if the Acting Chief Financial Officer 

25 serves in an acting capacity for 180 consecutive 


PWALKER on DSK7TPTVN1PROD with BILLS
10 

•S 1237 IS

1 days, without further action the Acting Chief 

2 Financial Officer shall become the Chief Finan3 cial Officer. 

4 (2) DUTIES OF CHIEF FINANCIAL OFFICER.— 

5 The duties of the Chief Financial Officer shall in6 clude the following: 

7 (A) Develop and report on the financial 

8 status of the Government of the Virgin Islands 

9 not later than 6 months after appointment and 

10 quarterly thereafter. Such reports shall be 

11 available to the public. 

12 (B) Each year prepare and certify spend13 ing limits of the annual budget, including an14 nual estimates of all revenues of the territory 

15 without regard to sources, and whether or not 

16 the annual budget is balanced. 

17 (C) Revise and update standards for finan18 cial management, including inventory and con19 tracting, for the Government of the Virgin Is20 lands in general and for each agency in con21 junction with the agency head. 

22 (3) DOCUMENTS PROVIDED.—The heads of 

23 each department of the Government of the Virgin Is24 lands, in particular the head of the Department of 

25 Finance of the Virgin Islands and the head of the 


PWALKER on DSK7TPTVN1PROD with BILLS
11 

•S 1237 IS

1 Internal Revenue Bureau of the Virgin Islands shall 

2 provide all documents and information under the ju3 risdiction of that head that the Chief Financial Offi4 cer considers required to carry out his or her func5 tions to the Chief Financial Officer. 

6 (4) CONDITIONS RELATED TO CHIEF FINANCIAL

7 OFFICER.— 

8 (A) TERM.—The Chief Financial Officer 

9 shall be appointed for a term of 5 years. 

10 (B) REMOVAL.—The Chief Financial Offi11 cer shall not be removed except for cause. An 

12 Acting Chief Financial Officer may be removed 

13 for cause or by a Chief Financial Officer ap14 pointed with the advice and consent of the Leg15 islature of the Virgin Islands. 

16 (C) REPLACEMENT.—If the Chief Finan17 cial Officer is unable to continue acting in that 

18 capacity due to removal, illness, death, or other19 wise, another Chief Financial Officer shall be 

20 selected in accordance with paragraph (1). 

21 (D) SALARY.—The Chief Financial Officer 

22 shall be paid at a salary to be determined by 

23 the Governor of the Virgin Islands, except such 

24 rate may not be less than the highest rate of 

25 pay for a cabinet officer of the Government of 


PWALKER on DSK7TPTVN1PROD with BILLS
12 

•S 1237 IS

1 the Virgin Islands or a Chief Financial Officer 

2 serving in any government or semiautonomous 

3 agency. 

4 (c) ESTABLISHMENT OF COMMISSION.— 

5 (1) ESTABLISHMENT.—There is established a 

6 commission to be known as the ‘‘Virgin Islands 

7 Chief Financial Officer Search Commission’’. 

8 (2) DUTY OF COMMISSION.—The Commission 

9 shall recommend to the Governor not less than 3 

10 candidates for nomination as Chief Financial Officer 

11 of the Virgin Islands. Each candidate must have 

12 demonstrated ability in general management of, 

13 knowledge of, and extensive practical experience at 

14 the highest levels of financial management in gov15 ernmental or business entities and must have experi16 ence in the development, implementation, and oper17 ation of financial management systems. 

18 (3) MEMBERSHIP.— 

19 (A) NUMBER AND APPOINTMENT.—The 

20 Commission shall be composed of 8 members 

21 appointed not later than 30 days after the date 

22 of the enactment of this Act. Persons appointed 

23 as members must have recognized business, 

24 government, or financial expertise and experi25 ence and shall be appointed as follows: 


PWALKER on DSK7TPTVN1PROD with BILLS
13 

•S 1237 IS

1 (i) 1 individual appointed by the Gov2 ernor of the Virgin Islands. 

3 (ii) 1 individual appointed by the 

4 President of the Legislature of the Virgin 

5 Islands. 

6 (iii) 1 individual, who is an employee 

7 of the Government of the Virgin Islands, 

8 appointed by the Central Labor Council of 

9 the Virgin Islands. 

10 (iv) 1 individual appointed by the 

11 Chamber of Commerce of St. Thomas-St. 

12 John. 

13 (v) 1 individual appointed by the 

14 Chamber of Commerce of St. Croix. 

15 (vi) 1 individual appointed by the 

16 President of the University of the Virgin 

17 Islands. 

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

19 St. John, appointed by the At-Large Mem20 ber of the Legislature of the Virgin Is21 lands. 

22 (viii) 1 individual appointed by the 

23 President of AARP Virgin islands. 

24 (B) TERMS.— 


PWALKER on DSK7TPTVN1PROD with BILLS
14 

•S 1237 IS

1 (i) IN GENERAL.—Each member shall 

2 be appointed for the life of the Commis3 sion. 

4 (ii) VACANCIES.—A vacancy in the 

5 Commission shall be filled in the manner 

6 in which the original appointment was 

7 made. Any member appointed to fill a va8 cancy shall be appointed for the remainder 

9 of that term. 

10 (C) BASIC PAY.—Members shall serve 

11 without pay. 

12 (D) QUORUM.—Five members of the Com13 mission shall constitute a quorum. 

14 (E) CHAIRPERSON.—The Chairperson of 

15 the Commission shall be the Chief Justice of 

16 the Supreme Court of the United States Virgin 

17 Islands or the designee of the Chief Justice. 

18 The Chairperson shall serve as an ex officio 

19 member of the Commission and shall vote only 

20 in the case of a tie. 

21 (F) MEETINGS.—The Commission shall 

22 meet at the call of the Chairperson. The Com23 mission shall meet for the first time not later 

24 than 15 days after all members have been ap25 pointed under this subsection. 


PWALKER on DSK7TPTVN1PROD with BILLS
15 

•S 1237 IS

1 (G) GOVERNMENT EMPLOYMENT.—Mem2 bers may not be current government employees, 

3 except for the member appointed under sub4 paragraph (A)(iii). 

5 (4) REPORT; RECOMMENDATIONS.—The Com6 mission shall transmit a report to the Governor, the 

7 Committee on Natural Resources of the House of 

8 Representatives and the Committee on Energy and 

9 Natural Resources of the Senate not later than 60 

10 days after its first meeting. The report shall name 

11 the Commission’s recommendations for candidates 

12 for nomination as Chief Financial Officer of the Vir13 gin Islands. 

14 (5) TERMINATION.—The Commission shall ter15 minate upon the nomination and confirmation of the 

16 Chief Financial Officer. 

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

18 the following definitions apply: 

19 (1) CHIEF FINANCIAL OFFICER.—In sub20 sections (a) and (b), the term ‘‘Chief Financial Offi21 cer’’ means a Chief Financial Officer or Acting 

22 Chief Financial Officer, as the case may be, ap23 pointed under subsection (a)(1). 

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

25 means the Virgin Islands Chief Financial Officer 


PWALKER on DSK7TPTVN1PROD with BILLS
16 

•S 1237 IS

1 Search Commission established pursuant to sub2 section (b). 

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

4 the Governor of the Virgin Islands. 

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

6 for cause’’ means removal based upon misconduct, 

7 failure to meet job requirements, or any grounds 

8 that a reasonable person would find grounds for dis9 charge. 

10 SEC. 8. REPORTS ON ESTIMATES OF REVENUES. 

11 The Comptroller General of the United States shall 

12 submit to the appropriate committees of Congress a report 

13 that— 

14 (1) evaluates whether the annual estimates or 

15 forecasts of revenue and expenditure of American 

16 Samoa, the Commonwealth of the Northern Mariana 

17 Islands, Puerto Rico, Guam, and the Virgin Islands 

18 are reasonable; and 

19 (2) as the Comptroller General of the United 

20 States determines to be necessary, makes rec21 ommendations for improving the process for devel22 oping estimates or forecasts. 


PWALKER on DSK7TPTVN1PROD with BILLS
17 

•S 1237 IS

1 SEC. 9. LOW-INCOME HOME ENERGY ASSISTANCE PRO2 GRAM. 

3 With respect to fiscal years 2014 through 2017, the 

4 percentage described in section 2605(b)(2)(B)(i) of the 

5 Low-Income Home Energy Assistance Act of 1981 (42 

6 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when ap7 plied to households located in the Virgin Islands. 

8 SEC. 10. CASTLE NUGENT NATIONAL HISTORIC SITE ESTAB9 LISHMENT. 

10 (a) DEFINITIONS.—In this section: 

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

12 means the Castle Nugent National Historic Site es13 tablished in subsection (b). 

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

15 the Secretary of the Interior. 

16 (b) CASTLE NUGENT NATIONAL HISTORIC SITE.— 

17 (1) ESTABLISHMENT.—There is established as 

18 a unit of the National Park System the Castle 

19 Nugent National Historic Site on the Island of St. 

20 Croix, U.S. Virgin Islands, in order to preserve, pro21 tect, and interpret, for the benefit of present and fu22 ture generations, a Caribbean cultural landscape 

23 that spans more than 300 years of agricultural use, 

24 significant archeological resources, mangrove forests, 

25 endangered sea turtle nesting beaches, an extensive 


PWALKER on DSK7TPTVN1PROD with BILLS
18 

•S 1237 IS

1 barrier coral reef system, and other outstanding nat2 ural features. 

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

4 the approximately 2,900 acres of land extending 

5 from Lowrys Hill and Laprey Valley to the Carib6 bean Sea and from Manchenil Bay to Great Pond, 

7 along with associated submerged lands to the three8 mile territorial limit, as generally depicted on the 

9 map titled ‘‘Castle Nugent National Historic Site 

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

11 and dated October 2009. 

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

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

14 public inspection in the appropriate offices of the 

15 National Park Service, Department of the Interior. 

16 (4) ACQUISITION OF LAND.— 

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

18 subparagraph (B), the Secretary is authorized 

19 to acquire lands and interests in lands within 

20 the boundaries of the historic site by donation, 

21 purchase with donated funds, or exchange. 

22 (B) U.S. VIRGIN ISLAND LANDS.—The 

23 Secretary is authorized to acquire lands and in24 terests in lands owned by the U.S. Virgin IsVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
19 

•S 1237 IS

1 lands or any political subdivision thereof only 

2 by donation or exchange. 

3 (c) ADMINISTRATION.— 

4 (1) IN GENERAL.—The Secretary shall admin5 ister the historic site in accordance with this Act 

6 and with laws generally applicable to units of the 

7 National Park System, including— 

8 (A) the National Park Service Organic Act 

9 (39 Stat. 535; 16 U.S.C. 1 et seq.); and 

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

11 666; 16 U.S.C. 461 et seq.). 

12 (2) SHARED RESOURCES.—To the greatest ex13 tent practicable, the Secretary shall use the re14 sources of other sites administered by the National 

15 Park Service or other Federal assets on the Island 

16 of St. Croix to administer the historic site. 

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

18 important feature of the cultural landscape of the 

19 historic site, the Secretary may lease to the Univer20 sity of the Virgin Islands certain lands within the 

21 boundary of the historic site for the purpose of con22 tinuing the university’s operation breeding Senepol 

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

24 this subsection shall contain such terms and condi25 tions as the Secretary considers appropriate, includVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
20 

•S 1237 IS

1 ing those necessary to protect the values of the his2 toric site. 

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

4 years after funds are made available for this sub5 section, the Secretary shall prepare a general man6 agement plan for the historic site. 

7 SEC. 11. ST. CROIX NATIONAL HERITAGE AREA. 

8 (a) DEFINITIONS.—In this section: 

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

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

11 established by subsection (b)(1). 

12 (2) LOCAL COORDINATING ENTITY.—The term 

13 ‘‘local coordinating entity’’ means the local coordi14 nating entity for the Heritage Area designated by 

15 subsection (b)(4). 

16 (3) MANAGEMENT PLAN.—The term ‘‘manage17 ment plan’’ means the management plan for the 

18 Heritage Area required under subsection (d). 

19 (4) MAP.—The term ‘‘map’’ means the map en20 titled ‘‘Proposed St. Croix National Heritage Area’’ 

21 and dated [ lllllllllll ]. 

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

23 the Secretary of the Interior. 

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

25 Croix, U.S. Virgin Islands. 


PWALKER on DSK7TPTVN1PROD with BILLS
21 

•S 1237 IS

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

2 (1) ESTABLISHMENT.—There is established in 

3 the State the St. Croix National Heritage Area. 

4 (2) CONCEPTUAL BOUNDARIES.—The Heritage 

5 Area shall consist of the entire island. 

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

7 be— 

8 (A) included in the management plan; and 

9 (B) on file and available for public inspec10 tion in the appropriate offices of the National 

11 Park Service. 

12 (4) LOCAL COORDINATING ENTITY.— 

13 (A) IN GENERAL.—The local coordinating 

14 entity for the Heritage Area shall be known as 

15 St. Croix United for Community, Culture, Envi16 ronment, and Economic Development (SUC17 CEED) Inc. 

18 (B) MEMBERSHIP REQUIREMENTS.—Mem19 bership in SUCCEED, Inc. shall be open to a 

20 broad cross-section of public, private, and non21 governmental sectors including businesses, indi22 viduals, agencies, and organizations that were 

23 involved in the planning and development of the 

24 Heritage Area prior to the enactment of this 

25 Act. 


PWALKER on DSK7TPTVN1PROD with BILLS
22 

•S 1237 IS

1 (c) ADMINISTRATION.— 

2 (1) AUTHORITIES.—For purposes of carrying 

3 out the management plan, the Secretary, acting 

4 through the local coordinating entity, may use 

5 amounts made available under this section to— 

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

7 subdivision of the State, nonprofit organiza8 tions, and other persons; 

9 (B) enter into cooperative agreements 

10 with, or provide technical assistance to, the 

11 State or a political subdivision of the State, 

12 nonprofit organizations, and other interested 

13 parties; 

14 (C) hire and compensate staff, which shall 

15 include individuals with expertise in natural, 

16 cultural, and historical resources protection, 

17 and heritage programming; 

18 (D) obtain money or services from any 

19 source including any that are provided under 

20 any other Federal law or program; 

21 (E) contract for goods or services; and 

22 (F) undertake to be a catalyst for any 

23 other activity that furthers the Heritage Area 

24 and is consistent with the approved manage25 ment plan. 


PWALKER on DSK7TPTVN1PROD with BILLS
23 

•S 1237 IS

1 (2) DUTIES.—The local coordinating entity 

2 shall— 

3 (A) in accordance with subsection (d), pre4 pare and submit a management plan for the 

5 Heritage Area to the Secretary; 

6 (B) assist units of local government, re7 gional planning organizations, and nonprofit or8 ganizations in carrying out the approved man9 agement plan by— 

10 (i) carrying out programs and projects 

11 that recognize, protect, and enhance im12 portant resource values in the Heritage 

13 Area; 

14 (ii) establishing and maintaining in15 terpretive exhibits and programs in the 

16 Heritage Area; 

17 (iii) developing recreational and edu18 cational opportunities in the Heritage 

19 Area; 

20 (iv) increasing public awareness of, 

21 and appreciation for, natural, historical, 

22 scenic, and cultural resources of the Herit23 age Area; 

24 (v) protecting and restoring historic 

25 sites and buildings in the Heritage Area 


PWALKER on DSK7TPTVN1PROD with BILLS
24 

•S 1237 IS

1 that are consistent with Heritage Area 

2 themes; 

3 (vi) ensuring that clear, consistent, 

4 and appropriate signs identifying points of 

5 public access, and sites of interest are 

6 posted throughout the Heritage Area; and 

7 (vii) promoting a wide range of part8 nerships among governments, organiza9 tions, and individuals to further the Herit10 age Area; 

11 (C) consider the interests of diverse units 

12 of government, businesses, organizations, and 

13 individuals in the Heritage Area in the prepara14 tion and implementation of the management 

15 plan; 

16 (D) conduct meetings open to the public at 

17 least semiannually regarding the development 

18 and implementation of the management plan; 

19 (E) for any year that Federal funds have 

20 been received under this section— 

21 (i) submit an annual report to the 

22 Secretary that describes the activities, ex23 penses, and income of the local coordi24 nating entity (including grants to any 


PWALKER on DSK7TPTVN1PROD with BILLS
25 

•S 1237 IS

1 other entities during the year that the re2 port is made); 

3 (ii) make available to the Secretary 

4 for audit all records relating to the expend5 iture of the funds and any matching funds; 

6 and 

7 (iii) require, with respect to all agree8 ments authorizing expenditure of Federal 

9 funds by other organizations, that the or10 ganizations receiving the funds make avail11 able to the Secretary for audit all records 

12 concerning the expenditure of the funds; 

13 and 

14 (F) encourage by appropriate means eco15 nomic viability that is consistent with the Herit16 age Area. 

17 (3) PROHIBITION ON THE ACQUISITION OF

18 REAL PROPERTY.—The local coordinating entity 

19 shall not use Federal funds to acquire real property 

20 or any interest in real property. 

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 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
26 

•S 1237 IS

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; 


PWALKER on DSK7TPTVN1PROD with BILLS
27 

•S 1237 IS

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 

24 government, organization, or indiVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
28 

•S 1237 IS

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, 


PWALKER on DSK7TPTVN1PROD with BILLS
29 

•S 1237 IS

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; 


PWALKER on DSK7TPTVN1PROD with BILLS
30 

•S 1237 IS

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.— 


PWALKER on DSK7TPTVN1PROD with BILLS
31 

•S 1237 IS

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— 


PWALKER on DSK7TPTVN1PROD with BILLS
32 

•S 1237 IS

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; 


PWALKER on DSK7TPTVN1PROD with BILLS
33 

•S 1237 IS

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— 


PWALKER on DSK7TPTVN1PROD with BILLS
34 

•S 1237 IS

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 


PWALKER on DSK7TPTVN1PROD with BILLS
35 

•S 1237 IS

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) TERMINATION OF AUTHORITY.—The authority of 

18 the Secretary to provide assistance under this section ter19 minates on the date that is 15 years after the date of en20 actment of this Act. 

21 SEC. 12. GUAM WAR CLAIMS REVIEW COMMISSION. 

22 (a) RECOGNITION OF THE SUFFERING AND LOYALTY

23 OF THE RESIDENTS OF GUAM.— 

24 (1) RECOGNITION OF THE SUFFERING OF THE

25 RESIDENTS OF GUAM.—The United States recogVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
36 

•S 1237 IS

1 nizes that, as described by the Guam War Claims 

2 Review Commission, the residents of Guam, on ac3 count of their United States nationality, suffered un4 speakable harm as a result of the occupation of 

5 Guam by Imperial Japanese military forces during 

6 World War II, by being subjected to death, rape, se7 vere personal injury, personal injury, forced labor, 

8 forced march, or internment. 

9 (2) RECOGNITION OF THE LOYALTY OF THE

10 RESIDENTS OF GUAM.—The United States forever 

11 will be grateful to the residents of Guam for their 

12 steadfast loyalty to the United States, as dem13 onstrated by the countless acts of courage they per14 formed despite the threat of death or great bodily 

15 harm they faced at the hands of the Imperial Japa16 nese military forces that occupied Guam during 

17 World War II. 

18 (b) GUAM WORLD WAR II CLAIMS FUND.— 

19 (1) ESTABLISHMENT OF FUND.—The Secretary 

20 of the Treasury shall establish in the Treasury of 

21 the United States a special fund (in this Act re22 ferred to as the ‘‘Claims Fund’’) for the payment of 

23 claims submitted by compensable Guam victims and 

24 survivors of compensable Guam decedents in accord25 ance with subsections (c) and (d). 


PWALKER on DSK7TPTVN1PROD with BILLS
37 

•S 1237 IS

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

2 established under paragraph (1) shall be composed 

3 of amounts deposited into the Claims Fund under 

4 paragraph (3) and any other amounts made avail5 able for the payment of claims under this Act. 

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

7 FEES COLLECTED FROM GUAM DEPOSITED INTO

8 FUND.— 

9 (A) IN GENERAL.—Notwithstanding sec10 tion 30 of the Organic Act of Guam (48 U.S.C. 

11 1421h), the excess of— 

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

13 fees collected under such subsection after 

14 fiscal year 2012, over 

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

16 fees collected under such subsection during 

17 fiscal year 2012, 

18 shall be deposited into the Claims Fund. 

19 (B) APPLICATION.—Subparagraph (A) 

20 shall not apply after the date for which the Sec21 retary of the Treasury determines that all pay22 ments required to be made under subsection (c) 

23 have been made. 

24 (4) LIMITATION ON PAYMENTS MADE FROM

25 FUND.— 


PWALKER on DSK7TPTVN1PROD with BILLS
38 

•S 1237 IS

1 (A) IN GENERAL.—No payment may be 

2 made in a fiscal year under subsection (c) until 

3 funds are deposited into the Claims Fund in 

4 such fiscal year under paragraph (3). 

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

6 which funds are deposited into the Claims Fund 

7 under paragraph (3), the total amount of pay8 ments made in a fiscal year under subsection 

9 (c) may not exceed the amount of funds avail10 able in the Claims Fund for such fiscal year. 

11 (5) DEDUCTIONS FROM FUND FOR ADMINIS12 TRATIVE EXPENSES.—The Secretary of the Treasury 

13 shall deduct from any amounts deposited into the 

14 Claims Fund an amount equal to 5 per cent of such 

15 amounts as reimbursement to the Federal Govern16 ment for expenses incurred by the Foreign Claims 

17 Settlement Commission and by the Department of 

18 the Treasury in the administration of this Act. The 

19 amounts so deducted shall be covered into the 

20 Treasury as miscellaneous receipts. 

21 (c) PAYMENTS FOR GUAM WORLD WAR II CLAIMS.— 

22 (1) PAYMENTS FOR DEATH, PERSONAL INJURY, 

23 FORCED LABOR, FORCED MARCH, AND INTERN24 MENT.—After the Secretary of the Treasury receives 

25 the certification from the Chairman of the Foreign 


PWALKER on DSK7TPTVN1PROD with BILLS
39 

•S 1237 IS

1 Claims Settlement Commission as required under 

2 subsection (d)(2)(H), the Secretary of the Treasury 

3 shall make payments to compensable Guam victims 

4 and survivors of a compensable Guam decedents as 

5 follows: 

6 (A) COMPENSABLE GUAM VICTIM.—Before 

7 making any payments under subparagraph (B), 

8 the Secretary shall make payments to compen9 sable Guam victims as follows: 

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

11 suffered an injury described in paragraph 

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

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

14 described in clause (i), but who has suf15 fered an injury described in paragraph 

16 (3)(B)(ii), $12,000. 

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

18 described in clause (i) or (ii), but who has 

19 suffered an injury described in paragraph 

20 (3)(B)(iii), $10,000. 

21 (B) SURVIVORS OF COMPENSABLE GUAM

22 DECEDENTS.—In the case of a compensable 

23 Guam decedent, the Secretary shall pay 

24 $25,000 for distribution to survivors of the de25 cedent in accordance with paragraph (2). The 


PWALKER on DSK7TPTVN1PROD with BILLS
40 

•S 1237 IS

1 Secretary shall make payments under this para2 graph only after all payments are made under 

3 subparagraph (A). 

4 (2) DISTRIBUTION OF SURVIVOR PAYMENTS.— 

5 A payment made under paragraph (1)(B) to the sur6 vivors of a compensable Guam decedent shall be dis7 tributed as follows: 

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

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

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

11 date, the payment shall be made to such 

12 spouse. 

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

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

15 Act and who had one or more living children as 

16 of such date, 50 percent of the payment shall 

17 be made to the spouse and 50 percent shall be 

18 made to such children, to be divided among 

19 such children to the greatest extent possible 

20 into equal shares. 

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

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

23 this Act and who had one or more living chil24 dren as of such date, the payment shall be 

25 made to such children, to be divided among 


PWALKER on DSK7TPTVN1PROD with BILLS
41 

•S 1237 IS

1 such children to the greatest extent possible 

2 into equal shares. 

3 (D) 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 no living children as of 

6 such date, but who— 

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

8 such date, the payment shall be made to 

9 the parent; or 

10 (ii) had two parents who are living as 

11 of such date, the payment shall be divided 

12 equally between the parents. 

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

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

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

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

17 of such date, no payment shall be made. 

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

19 (A) COMPENSABLE GUAM DECEDENT.— 

20 The term ‘‘compensable Guam decedent’’ means 

21 an individual determined under subsection (d) 

22 to have been a resident of Guam who died as 

23 a result of the attack and occupation of Guam 

24 by Imperial Japanese military forces during 

25 World War II, or incident to the liberation of 


PWALKER on DSK7TPTVN1PROD with BILLS
42 

•S 1237 IS

1 Guam by United States military forces, and 

2 whose death would have been compensable 

3 under the Guam Meritorious Claims Act of 

4 1945 (Public Law 79–224) if a timely claim 

5 had been filed under the terms of such Act. 

6 (B) COMPENSABLE GUAM VICTIM.—The 

7 term ‘‘compensable Guam victim’’ means an in8 dividual who is not deceased as of the date of 

9 the enactment of this Act and who is deter10 mined under subsection (d) to have suffered, as 

11 a result of the attack and occupation of Guam 

12 by Imperial Japanese military forces during 

13 World War II, or incident to the liberation of 

14 Guam by United States military forces, any of 

15 the following: 

16 (i) Rape or severe personal injury 

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

18 paralysis). 

19 (ii) Forced labor or a personal injury 

20 not under subparagraph (A) (such as dis21 figurement, scarring, or burns). 

22 (iii) Forced march, internment, or 

23 hiding to evade internment. 

24 (C) DEFINITIONS OF SEVERE PERSONAL

25 INJURIES AND PERSONAL INJURIES.—Not later 


PWALKER on DSK7TPTVN1PROD with BILLS
43 

•S 1237 IS

1 than 180 days after the date of the enactment 

2 of this Act, the Foreign Claims Settlement 

3 Commission shall promulgate regulations to 

4 specify the injuries that constitute a severe per5 sonal injury or a personal injury for purposes of 

6 subparagraphs (A) and (B), respectively, of 

7 paragraph (2). 

8 (d) ADJUDICATION.— 

9 (1) AUTHORITY OF FOREIGN CLAIMS SETTLE10 MENT COMMISSION.— 

11 (A) IN GENERAL.—The Foreign Claims 

12 Settlement Commission shall adjudicate claims 

13 and determine the eligibility of individuals for 

14 payments under subsection (c). 

15 (B) RULES AND REGULATIONS.—Not later 

16 than 180 days after the date of the enactment 

17 of this Act, the Chairman of the Foreign 

18 Claims Settlement Commission shall publish in 

19 the Federal Register such rules and regulations 

20 as may be necessary to enable the Commission 

21 to carry out the functions of the Commission 

22 under this Act. 

23 (2) CLAIMS SUBMITTED FOR PAYMENTS.— 

24 (A) SUBMITTAL OF CLAIM.—For purposes 

25 of paragraph (1)(A) and subject to subparaVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
44 

•S 1237 IS

1 graph (B), the Foreign Claims Settlement Com2 mission may not determine an individual is eli3 gible for a payment under subsection (c) unless 

4 the individual submits to the Commission a 

5 claim in such manner and form and containing 

6 such information as the Commission specifies. 

7 (B) FILING PERIOD FOR CLAIMS AND NO8 TICE.— 

9 (i) FILING PERIOD.—An individual fil10 ing a claim for a payment under subsection 

11 (c) shall file such claim not later than one 

12 year after the date on which the Foreign 

13 Claims Settlement Commission publishes 

14 the notice described in clause (ii). 

15 (ii) NOTICE OF FILING PERIOD.—Not 

16 later than 180 days after the date of the 

17 enactment of this Act, the Foreign Claims 

18 Settlement Commission shall publish a no19 tice of the deadline for filing a claim de20 scribed in clause (i)— 

21 (I) in the Federal Register; and 

22 (II) in newspaper, radio, and tel23 evision media in Guam. 


PWALKER on DSK7TPTVN1PROD with BILLS
45 

•S 1237 IS

1 (C) ADJUDICATORY DECISIONS.—The deci2 sion of the Foreign Claims Settlement Commis3 sion on each claim filed under this Act shall— 

4 (i) be by majority vote; 

5 (ii) be in writing; 

6 (iii) state the reasons for the approval 

7 or denial of the claim; and 

8 (iv) if approved, state the amount of 

9 the payment awarded and the distribution, 

10 if any, to be made of the payment. 

11 (D) DEDUCTIONS IN PAYMENT.—The For12 eign Claims Settlement Commission shall de13 duct, from a payment made to a compensable 

14 Guam victim or survivors of a compensable 

15 Guam decedent under this subsection, amounts 

16 paid to such victim or survivors under the 

17 Guam Meritorious Claims Act of 1945 (Public 

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

19 of this Act. 

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

21 on payments made by the Foreign Claims Set22 tlement Commission under subsection (c). 

23 (F) LIMITED COMPENSATION FOR PROVI24 SION OF REPRESENTATIONAL SERVICES.— 


PWALKER on DSK7TPTVN1PROD with BILLS
46 

•S 1237 IS

1 (i) LIMIT ON COMPENSATION.—Any 

2 agreement under which an individual who 

3 provided representational services to an in4 dividual who filed a claim for a payment 

5 under this Act that provides for compensa6 tion to the individual who provided such 

7 services in an amount that is more than 

8 one percent of the total amount of such 

9 payment shall be unlawful and void. 

10 (ii) PENALTIES.—Whoever demands 

11 or receives any compensation in excess of 

12 the amount allowed under subparagraph 

13 (A) shall be fined not more than $5,000 or 

14 imprisoned not more than one year, or 

15 both. 

16 (G) APPEALS AND FINALITY.—Objections 

17 and appeals of decisions of the Foreign Claims 

18 Settlement Commission shall be to the Commis19 sion, and upon rehearing, the decision in each 

20 claim shall be final, and not subject to further 

21 review by any court or agency. 

22 (H) CERTIFICATIONS FOR PAYMENT.— 

23 After a decision approving a claim becomes 

24 final, the Chairman of the Foreign Claims Set25 tlement Commission shall certify such decision 


PWALKER on DSK7TPTVN1PROD with BILLS
47 

•S 1237 IS

1 to the Secretary of the Treasury for authoriza2 tion of a payment under subsection (c). 

3 (I) TREATMENT OF AFFIDAVITS.—For 

4 purposes of subsection (c) and subject to sub5 paragraph (B), the Foreign Claims Settlement 

6 Commission shall treat a claim that is accom7 panied by an affidavit of an individual that at8 tests to all of the material facts required for es9 tablishing the eligibility of such individual for 

10 payment under such subsection as establishing 

11 a prima facie case of the eligibility of the indi12 vidual for such payment without the need for 

13 further documentation, except as the Commis14 sion may otherwise require. Such material facts 

15 shall include, with respect to a claim for a pay16 ment made under subsection (c)(1), a detailed 

17 description of the injury or other circumstance 

18 supporting the claim involved, including the 

19 level of payment sought. 

20 (J) RELEASE OF RELATED CLAIMS.—Ac21 ceptance of a payment under subsection (c) by 

22 an individual for a claim related to a compen23 sable Guam decedent or a compensable Guam 

24 victim shall be in full satisfaction of all claims 

25 related to such decedent or victim, respectively, 


PWALKER on DSK7TPTVN1PROD with BILLS
48 

•S 1237 IS

1 arising under the Guam Meritorious Claims Act 

2 of 1945 (Public Law 79–224), the imple3 menting regulations issued by the United States 

4 Navy pursuant to such Act (Public Law 79– 

5 224), or this Act. 

6 SEC. 13. USE OF CERTAIN EXPENDITURES AS IN-KIND CON7 TRIBUTIONS. 

8 (a) IN GENERAL.—Except as provided under sub9 section (c), local matching requirements required of an af10 fected jurisdiction for Federal programs may be paid in 

11 cash or in-kind services provided by the affected jurisdic12 tion pursuant to the following: 

13 (1) Section 311 of the Compact of Free Asso14 ciation between the Government of the United 

15 States and the Government of the Federated States 

16 of Micronesia, approved in the Compact of Free As17 sociation Amendments Act of 2003 (Public Law 

18 108–188; 117 Stat. 2781). 

19 (2) Section 311 of the Compact of Free Asso20 ciation between the Government of the United 

21 States and the Government of the Republic of the 

22 Marshall Islands, approved in the Compact of Free 

23 Association Amendments Act of 2003 (Public Law 

24 108–188; 117 Stat. 2781). 


PWALKER on DSK7TPTVN1PROD with BILLS
49 

•S 1237 IS

1 (3) The Compact of Free Association between 

2 the Government of the United States and the Gov3 ernment of the Republic of Palau, approved in the 

4 Palau Compact of Free Association Act (Public Law 

5 99–658; 100 Stat. 3672). 

6 (b) DETERMINATION OF AMOUNTS TO BE CONSID7 ERED IN-KIND CONTRIBUTIONS.—The Secretary of the 

8 Interior shall determine the amounts that may be consid9 ered in-kind contributions for an affected jurisdiction 

10 under this section based on a reasonable estimate of the 

11 amount of impact expenditures for the Freely Associated 

12 States. 

13 (c) COMPETITIVE GRANTS.—Local matching require14 ments required of an affected jurisdiction for Federal com15 petitive grant programs may not be paid with in-kind serv16 ices under this section. 

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

18 jurisdiction’’ shall have the meaning given that term in 

19 section 104(e) of Public Law 108–188 (117 Stat. 2739). 

20 SEC. 14. IMPROVEMENTS IN HUD ASSISTED PROGRAMS. 

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

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

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

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

25 or national of the United States shall be entitled to a prefVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
50 

•S 1237 IS

1 erence or priority in receiving assistance before any such 

2 alien who is otherwise eligible for such assistance.’’. 

3 SEC. 15. BENEFIT TO COST RATIO STUDY FOR PROJECTS IN 

4 AMERICAN SAMOA. 

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

6 States shall conduct a study regarding the use of benefit7 to-cost ratio formulas by Federal departments and agen8 cies for purposes of evaluating projects in American 

9 Samoa. 

10 (b) CONTENTS.—In conducting the study, the Comp11 troller General shall— 

12 (1) assess whether the benefit-to-cost ratio for13 mulas described in subsection (a) take into consider14 ation— 

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

16 transportation to and from, American Samoa; 

17 and 

18 (B) other significant factors that are not 

19 comparable to locations within the 48 contig20 uous States; and 

21 (2) assess, in particular, the use of benefit-to22 cost ratio formulas by— 

23 (A) the Secretary of Transportation with 

24 respect to airport traffic control tower pro25 grams; and 


PWALKER on DSK7TPTVN1PROD with BILLS
51 

•S 1237 IS

1 (B) the Secretary of the Army, acting 

2 through the Corps of Engineers, with respect to 

3 a harbor project or other water resources devel4 opment project. 

5 (3) REPORT TO CONGRESS.—Not later than 1 

6 year after the date of enactment of this Act, the 

7 Comptroller General shall submit to Congress a re8 port on the results of the study. 

9 SEC. 16. WAIVER OF LOCAL MATCHING REQUIREMENTS. 

10 (a) WAIVER OF CERTAIN MATCHING REQUIRE11 MENTS.—Section 501 of the Act entitled ‘‘An Act to au12 thorize certain appropriations for the territories of the 

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

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

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

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

17 striking ‘‘by law’’; and 

18 (2) by adding at the end the following new sub19 section: 

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

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

22 and the Northern Mariana Islands, each department or 

23 agency of the United States shall waive any requirement 

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


PWALKER on DSK7TPTVN1PROD with BILLS
52 

•S 1237 IS

1 that the insular area would otherwise be required to pro2 vide for any non-competitive grant as follows: 

3 ‘‘(1) For a grant requiring matching funds (in4 cluding in-kind contributions) of $500,000 or less, 

5 the entire matching requirement shall be waived. 

6 ‘‘(2) For a grant requiring matching funds (in7 cluding in-kind contributions) of more than 

8 $500,000, $500,000 of the matching requirement 

9 shall be waived.’’. 

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

11 Act entitled ‘‘An Act to authorize appropriations for cer12 tain insular areas of the United States, and for other pur13 poses’’, approved March 12, 1980 (48 U.S.C. 1469a note; 

14 94 Stat. 90), is amended by striking ‘‘, and adding the 

15 following sentence’’ and all that follows through ‘‘Is16 lands’.’’. 

17 SEC. 17. FISHERY ENDORSEMENTS. 

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

19 amended by adding at the end the following: 

20 ‘‘(j) CERTAIN EXEMPTION.—Paragraph (3) of sub21 section (a) shall not apply to any vessel— 

22 ‘‘(1) the catch of which, pursuant to the fishery 

23 endorsement, is offloaded and processed in American 

24 Samoa; and 


PWALKER on DSK7TPTVN1PROD with BILLS
53 

•S 1237 IS

1 ‘‘(2) that was rebuilt outside of the United 

2 States before January 1, 2011.’’. 

3 SEC. 18. EFFECTS OF MINIMUM WAGE DIFFERENTIALS IN 

4 AMERICAN SAMOA. 

5 Section 8104 of the Fair Minimum Wage Act of 2007 

6 (29 U.S.C. 206 note) is amended by adding at the end 

7 the following: 

8 ‘‘(c) EFFECTS OF MINIMUM WAGE DIFFERENTIALS

9 IN AMERICAN SAMOA.—The reports required under this 

10 section shall include an analysis of the economic effects 

11 on employees and employers of the differentials in min12 imum wage rates among industries and classifications in 

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

14 Federal Regulations, including the potential effects of 

15 eliminating such differentials prior to the time when such 

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

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

18 (29 U.S.C. 206(a)(1)).’’. 

19 SEC. 19. AMERICAN SAMOA CITIZENSHIP PLEBISCITE ACT. 

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

21 ‘‘American Samoa Citizenship Plebiscite Act’’. 

22 (b) FINDINGS AND PURPOSE.— 

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

24 (A) Under the Immigration and Nation25 ality Act, persons born in Puerto Rico, Guam, 


PWALKER on DSK7TPTVN1PROD with BILLS
54 

•S 1237 IS

1 the United States Virgin Islands, and the Com2 monwealth of the Northern Mariana Islands are 

3 citizens of the United States at birth. Persons 

4 born in the United States territory of American 

5 Samoa are nationals of the United States, but 

6 not citizens, at birth. 

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

8 States’’ is defined under the Immigration and 

9 Nationality Act to include persons who, though 

10 not citizens of the United States, owe perma11 nent allegiance to the United States. 

12 (C) For more than 100 years, American 

13 Samoans who are United States nationals have 

14 demonstrated their loyalty and allegiance to the 

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

16 chiefs of Tutuila and Aunu’u ceded their is17 lands to the United States. On July 16, 1904, 

18 his Majesty King Tuimanu’a of the Manu’a Is19 lands and his village chiefs did the same. On 

20 February 20, 1929, the United States Congress 

21 officially ratified the Treaty of Cession of 

22 Tutuila and Aunu’u and the Treaty of Cession 

23 of Manu’a. On March 4, 1925, by Joint Resolu24 tion of the United States Congress, American 

25 sovereignty was officially extended over Swains 


PWALKER on DSK7TPTVN1PROD with BILLS
55 

•S 1237 IS

1 Island and it was placed under the jurisdiction 

2 of the government of American Samoa. 

3 (D) Since ratification of the Treaties of 

4 Cession, many American Samoans who are 

5 United States nationals have joined the United 

6 States Armed Forces and fought for the United 

7 States during World War II, the Korean, Viet8 nam, and Persian Gulf wars, and most recently 

9 in Iraq and Afghanistan. 

10 (E) It is the responsibility of the Secretary 

11 of Interior to advance the economic, social and 

12 political development of the territories of the 

13 United States. 

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

15 to provide for a federally authorized vote in Amer16 ican Samoa on the question of citizenship and if a 

17 majority of voters vote for citizenship, to describe 

18 the steps that the President and Congress shall take 

19 to enable American Samoans to be granted citizen20 ship. 

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

22 shall direct the American Samoa Election Office to con23 duct a plebiscite on the issue of whether persons born in 

24 American Samoa desire United States citizenship. 

25 ‘‘As United States Citizens: 


PWALKER on DSK7TPTVN1PROD with BILLS
56 

•S 1237 IS

1 ‘‘(A) Individuals born in American Samoa 

2 would be United States citizens by Federal law. 

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

4 who are United States nationals will become 

5 United States citizens. Persons born in Amer6 ican Samoa will no longer be United States na7 tionals. 

8 Do you want persons born in American Samoa to 

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

10 SEC. 20. ELIGIBILITY FOR MARINE TURTLE CONSERVATION 

11 ASSISTANCE. 

12 The Marine Turtle Conservation Act of 2004 is 

13 amended— 

14 (1) in each of sections 2(b) and 3(2) (16 U.S.C. 

15 6601(b), 6602(2)), by inserting ‘‘and territories of 

16 the United States’’ after ‘‘foreign countries’’ each 

17 place it appears; 

18 (2) in section 3 (16 U.S.C. 6602), by adding at 

19 the end the following: 

20 ‘‘(7) TERRITORY OF THE UNITED STATES.— 

21 The term ‘territory of the United States’ means each 

22 of the several States of the United States, Puerto 

23 Rico, the Virgin Islands, Guam, American Samoa, 

24 the Commonwealth of the Northern Mariana IsVerDate Mar 15 2010 04:11 Jul 02, 2013 Jkt 029200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S1237.IS S1237

PWALKER on DSK7TPTVN1PROD with BILLS
57 

•S 1237 IS

1 lands, and any other territory or possession of the 

2 United States.’’; and 

3 (3) in section 4(b)(1)(A) (16 U.S.C. 

4 6603(b)(1)(A)), by inserting ‘‘or territory of the 

5 United States’’ after ‘‘foreign country’’. 

Æ 


PWALKER on DSK7TPTVN1PROD with BILLS