II

104TH CONGRESS

2D SESSION S. 1906

To include certain territory within the jurisdiction of the State of Hawaii,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 25, 1996

Mr. AKAKA (for himself and Mr. INOUYE) introduced the following bill; which

was read twice and referred to the Committee on Energy and Natural

Resources

A BILL

To include certain territory within the jurisdiction of the

State of Hawaii, 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 ‘‘Insular Areas Consoli5 dation Act of 1996’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) BAKER ISLAND.—The term ‘‘Baker Island’’

9 means all of the islands and appurtenant reefs at

10 the parallel of 0 degrees, 11 to 13 minutes, of lati-
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1 tude north of the Equator and at the meridian of

2 176 degrees, 27 to 30 minutes, of longitude west of

3 Greenwich, England, and the territorial waters of

4 the islands and reefs.

5 (2) HOWLAND ISLAND.—The term ‘‘Howland

6 Island’’ means all of the islands and appurtenant

7 reefs at the parallel of 0 degrees, 46 to 50 minutes,

8 of latitude north of the Equator and at the meridian

9 of 176 degrees, 37 to 39 minutes, of longitude west

10 of Greenwich, England, and the territorial waters of

11 the islands and reefs.

12 (3) INCLUDED AREA.—The term ‘‘included

13 area’’ means the area included in the State of Ha14 waii under section 3(a).

15 (4) JARVIS ISLAND.—The term ‘‘Jarvis Island’’

16 means all of the islands and appurtenant reefs at

17 the parallel of 0 degrees, 22 to 24 minutes, of lati18 tude south of the Equator and at the meridian of

19 160 degrees, 0 to 3 minutes, of longitude west of

20 Greenwich, England, and the territorial waters of

21 the islands and reefs.

22 (5) JOHNSTON ATOLL.—The term ‘‘Johnston

23 Atoll’’ means all of the islands and appurtenant

24 reefs at the parallel of 16 degrees, 40 to 48 minutes,

25 of latitude north of the Equator and at the meridian
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1 of 169 degrees, 24 to 36 minutes, of longitude west

2 of Greenwich, England, and the territorial waters of

3 the islands and reefs.

4 (6) KINGMAN REEF.—The term ‘‘Kingman

5 Reef’’ means all of the territory and appurtenant

6 reefs at the parallel of 6 degrees, 22 to 27 minutes,

7 of latitude north of the Equator and at the meridian

8 of 162 degrees, 22 to 25 minutes, of longitude west

9 of Greenwich, England, and the territorial waters of

10 the islands and reefs.

11 (7) MIDWAY ISLANDS.—The term ‘‘Midway Is12 lands’’ means all of the islands and appurtenant

13 reefs at the parallel of 28 degrees, 10 to 18 minutes,

14 of latitude north of the Equator and at the meridian

15 of 177 degrees, 16 to 28 minutes, of longitude west

16 of Greenwich, England, and the territorial waters of

17 the islands and reefs.

18 (8) PALMYRA ATOLL.—The term ‘‘Palmyra

19 Atoll’’ means all of the islands and appurtenant

20 reefs at the parallel of 5 degrees, 51 to 54 minutes,

21 of latitude north of the Equator and at the meridian

22 of 162 degrees, 0 to 11 minutes, of longitude west

23 of Greenwich, England, and the territorial waters of

24 the islands and reefs.
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1 SEC. 3. ADDITIONS TO STATE OF HAWAII.

2 (a) IN GENERAL.—The State of Hawaii shall include

3 Baker Island, Jarvis Island, Howland Island, Johnston

4 Atoll, Kingman Reef, the Midway Islands, and Palmyra

5 Atoll.

6 (b) JURISDICTION.—The included area shall be sub7 ject to the jurisdiction of the State of Hawaii to the same

8 extent as and in the same manner that the jurisdiction

9 of the State applies to all other areas within the State.

10 (c) RIGHTS OF UNITED STATES.—The inclusion of

11 the included area in the State of Hawaii under this section

12 shall be subject to all rights of use, ownership, manage13 ment, and operation by the Government of the United

14 States that exist on the date of enactment of this Act.

15 SEC. 4. CONFORMING AMENDMENTS.

16 (a) HAWAII STATEHOOD ACT.—Section 2 of the Act

17 entitled ‘‘An Act to provide for the admission of the State

18 of Hawaii into the Union’’, approved March 18, 1959

19 (Public Law 86–3; 48 U.S.C. prec. 491), is amended by

20 striking all that follows ‘‘enactment of this Act’’ and in21 serting a period.

22 (b) EXEMPTION FROM PROVISIONS RELATING TO

23 THE GUANO ISLANDS.—Title LXXII of the Revised Stat24 utes (48 U.S.C. 1411 et seq.) shall not apply to the in25 cluded area.
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1 SEC. 5. ACCEPTANCE BY STATE OF HAWAII.

2 (a) ACCEPTANCE BY STATE OF HAWAII.—Sections 3

3 and 4 shall not take effect unless not later than 1 year

4 after the date of enactment of this Act (unless the Sec5 retary of the Interior and the Governor of the State of

6 Hawaii agree to an extension), the Governor of the State

7 of Hawaii certifies to the President that the State of Ha8 waii accepts all or part of the included area.

9 (b) PROCLAMATION BY THE PRESIDENT.—Not later

10 than 30 days after receiving the certification described in

11 subsection (a), the President shall issue a proclamation

12 of the new geographical jurisdiction of the State of Ha13 waii.

14 (c) EFFECTIVE DATE.—Sections 3 and 4 shall take

15 effect on the issuance of the proclamation described in

16 subsection (b).

17 SEC. 6. USE OF INCLUDED AREA.

18 Nothing in this Act authorizes, approves, or suggests

19 the appropriateness of any change in the use that is being

20 made on the date of enactment of this Act of any of the

21 included area.

22 SEC. 7. INDEMNITY.

23 The United States shall indemnify, defend, and hold

24 harmless the State of Hawaii from any claim arising from

25 the ownership of lands and waters in the included area

26 (including structures and other improvements) or the op-
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1 eration by the United States of any facilities or equipment

2 in the included area before the date of issuance of the

3 proclamation described in subsection (b).

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