A bill to amend the Revised Organic Act of the Virgin Islands, to amend the Covenant to Establish a Commonwealth of the Northern Mariana Islands, to provide for the governance of the insular areas of the United States, and for other purposes.
PL 99-396 (H.R.2478), enacted 08/27/1986

PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 837 
Public Law 99-
99th Congress 
396 
An Act 
To amend the Revised Organic Act of the Virgin Islands, to amend the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands, to amend the 
Organic Act of Guam, to provide for the governance of the insular areas of the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 12 of 
the Revised Organic Act of the Virgin Islands (48 U.S.C. 1593), is 
amended to read as follows: 
"SEC. 12. (a) The people of the Virgin Islands shall have the rights 
of initiative and recall to be exercised as provided in subsection (b) 
and subsection (c), respectively. 
"(b)(1) An initiative may enact, amend, or repeal any law, except 
that an initiative shall not be used to repeal a law declared by the 
legislature at the time of passage to be an emergency law necessary 
for the preservation of the public health, safety, or peace. 
"(2) An initiative that proposes a reduction of taxes shall also 
provide for an equivalent reduction of expenditures or an equivalent 
increase in revenues from other sources. 
"(3) An initiative shall address one subject only and matters 
reasonably related to that subject. 
"(4) The ballot question shall be in such form that a 'y^s' vote is a 
vote in favor of the proposal and a 'no' vote is a vote against the 
proposal. 
"(5) A copy of the proposed initiative petition, including a com-
plete text of the proposed law and containing signatures equal to at 
least 1 percent of the voters of each legislative district or 4 percent 
of all voters of the Virgin Islands must be submitted to the Super-
visor of Elections prior to circulation for ballot qualification. The 
Supervisor of Elections must determine within 10 days after the 
submission whether the preliminary signatures are sufficient. If so 
determined, the Supervisor of Elections shall refer the preliminary 
petition to an initiative titling board consisting of the Attorney 
General, the Supervisor of Elections, and the legislative counsel of 
the legislature. The board shall, in an open hearing, prepare the 
official ballot title, the submission question, and a summary of the 
initiative proposal, and this preparation shall be completed within 
30 days after the referral. 
"(6) After the ballot title has been written, proponents of the 
initiative proposal shall have a maximum of 180 days to circulate 
the petition. Petitions containing signatures equal to at least 10 
percent of the voters of each legislative district or 41 percent of all 
voters of the Virgin Islands must be submitted to the Supervisor of 
Elections. The Supervisor shall have 15 days to determine that the 
minimum number of valid signatures are contained in the petition 
and he shall forward the certified proposal to the legislature which 
must accept or reject the measure within 30 days. If approved, the 
initiative shall take effect in accordance with its terms. If the 
legislature does not approve, the initiative shall be submitted to 
Aug. 27, 1986 
[H.R. 2478] 
Virgin Islands. 
Northern 
Mariana Islands. 
Guam. 
American 
Samoa. 
Trust Territory 
of the 
Pacific Islands. 
Elections. 
100 STAT. 838 
PUBLIC LAW 99-396—AUG. 27, 1986 
the voters at the next general election, unless the legislature ap-
proves a special election for this purpose. The legislature may 
submit its own version of the initiative to the voters. Should both 
measures be approved by the voters, the measure receiving the 
higher number of votes shall prevail. The voters shall have a clear 
alternative of rejecting either version or the entire proposition. 
"(7) An initiative submitted to the voters shall take effect if the 
initiative is approved by a majority of persons voting and if a 
majority of the voters of the Virgin Islands vote on the initiative. An 
initiative may not be vetoed by the Governor, and when approved by 
the voters, may not be amended or repealed by the legislature 
during the 3-year period after its approval unless the legislature 
acts by a two-thirds majority. 
"(8) The legislature may provide the manner in which petitions 
shall be circulated, filed, certified, and the ballot question shall be 
submitted to the voters. 
"(c)(1) An elected public official of the Virgin Islands may be 
removed from office by a recall election carried out under this 
subsection. The grounds for recall are any of the following: lack of 
fitness, incompetence, neglect of duty, or corruption. 
"(2) A recall election may be initiated by a two-thirds vote of the 
members of the legislature or by a petition under this subsection. 
"(3) Prior to circulation a recall petition which identifies by name 
and office the official being recalled and which states the grounds 
for recall shall be submitted to the Supervisor of Elections. The 
sponsors of the recall petition shall be allowed a period of 60 days 
after such submission for filing with the Supervisor of Elections a 
list of signatures equal in number to at least 50 percent of the whole 
number of votes cast for that office in the last general election at 
which that office was filled. The Supervisor of Elections shall have 
15 days in which to determine whether the minimum number of 
valid signatures are contained in the recall petition. 
"(4) A special recall election shall be held with respect to an 
elected public official not earlier than 30 days after a vote of the 
legislature under paragraph (2) or a determination of the board of 
elections under paragraph (3), as the case may be, and not later than 
60 days after such vote or determination. 
"(5) An official shall be removed from office upon approval of the 
recall in an election in which at least two-thirds of the number of 
persons voting for such official in the last preceding general election 
at which such official was elected vote in favor of recall and in 
which those so voting constitute a majority of all those participating 
in such recall election. 
"(6) No recall election shall be held with respect to an elected 
public official— 
"(A) during the first year of the first term of office of the 
official; or 
"(B) less than 3 months before a general election for the 
office. 
"(d) As used in this section, the term— 
"(1) 'law' means a law of the Virgin Islands; and 
"(2) 'voter' means a registered voter who is eligible to vote on 
the issue or for the office involved.". 
Loans. 
SEC. 2. A total of up to $4,000,000 of funds currently reserved for 
48 use 1681 
use by the economic development loan fund, as established under 
"°**' 
subsection (c) of section 702 of the Covenant to Establish a Common-
wealth of the Northern Mariana Islands in Political Union with the 
PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 839 
United States of America, approved by Public Law 94-241, may be 
expended for capital improvement projects: Provided, That such 
funds become available for use by the economic development loan 
fund and such funds are not obligated for economic development 
loans. 
SEC. 3. The first sentence of section 4(a) of the Act of November 20, 
1963 (77 Stat. 339) is amended to read as follows: "(a) Except as 
otherwise provided by law, the governments of the Virgin Islands, 
Guam, and American Samoa, shall have concurrent civil and crimi-
nal jurisdiction with the United States with regard to property 
owned, reserved, or controlled by the United States in the Virgin 
Islands, Guam, and American Samoa respectively.". 
SEC. 4. Effective October 1, 1986, there are authorized to be 
appropriated $1,200,000 for grants to the College of the Virgin 
Islands for projects related to the Eastern Caribbean Center, to 
remain available until expended. 
SEC. 5. Section 290)) of the Organic Act of Guam (64 Stat. 392) is 
amended by striking out "Governor" and inserting in lieu thereof 
"Government of Guam". 
SEC. 6. The Secretary of the Interior is authorized and directed to 
develop, in consultation with the Governor of the Virgin Islands, 
options for the future use or disposition of Water Island which 
would contribute to economic growth in and make the island an 
integral part of the Virgin Islands community. The Secretary shall 
submit such options to the Committee on Interior and Insular 
Affairs of the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate within 10 days after 
the convening of the 100th Congress. 
SEC. 7. Section 901(a) of part I of title I of the Act of June 19,1968 
(82 Stat. 225, as amended, 42 U.S.C. 3791(a)) is further amended— 
, 
(1) in paragraph (2)— 
(A) by striking out "and"; and 
(B) by inserting before the semicolon the following: 
^•^ 
", American Samoa, Guam, and the Northern Mariana 
Islands: Provided, That for the purposes of section 407(a) 
American Samoa, Guam, and the Northern Mariana 
Islands shall be considered as one State and that, for these 
purposes, 33 per centum of the amounts allocated shall be 
allocated to American Samoa, 50 per centum to Guam, and 
17 per centum to the Northern Mariana Islands"; and 
(2) in paragraph (3)— 
(A) by striking out ", Guam, American Samoa" and 
inserting "and" in lieu thereof; and 
(B) by striking out all that appears after "Pacific Islands" 
and inserting a semicolon in lieu thereof. 
SEC. 8. (a) Section 8A of the Act of September 2,1937 (50 Stat. 918, 
as amended and supplemented, 16 U.S.C. 669g-l) is amended by 
deleting the word "Act," the first place it appears and inserting in 
lieu thereof: "Act, and hunter safety programs as provided by 
section 8(b) of this Act,". 
(b) Section 4(b) of the Act of September 2, 1937 (50 Stat. 918, as 
amended and supplemented, 16 U.S.C. 669c(b)) is further amended 
by striking the period at the end of the first sentence and adding: 
"and Guam, the Virgin Islands, American Samoa, and the Northern 
Mariana Islands shall each be apportioned one-sixth of 1 per centum 
of such revenues.". 
48 u s e 1681 
note. 
48 use 1704. 
Real property. 
Effective date. 
Appropriation 
authorization. 
Grants. 
48 use 1421g. 
42 u s e 3747. 
Wildlife. 
16 use 669g. 
100 STAT. 840 
PUBLIC LAW 99-396—AUG. 27, 1986 
SEC. 9. (a) Section 506 of the Education Amendments of 1972, 
Public Law 92-318 (86 Stat. 235) is further amended by inserting, 
"the Northern Marianas College", after "the College of Micronesia" 
7 use 301 note, 
in subsection (a). 
(b) Section 5 of the Act of August 30, 1980, c. 841, 26 Stat. 417 (the 
Second Morill Act), as added by section 506(c) of Public Law 92-318 
7 use 326a. 
(86 Stat. 235) is amended by striking out "and Micronesia, and 
Guam" and inserting in lieu thereof "Guam, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands (other than 
the Northern Mariana Islands)". 
(c) Subsection (c) of section 1361 of Public Law 96-374 (94 Stat. 
7 use 301 note. 
1367) is amended by striking out "American Samoa and in Microne-
sia" and inserting in lieu thereof "American Samoa, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands 
(other than the Northern Mariana Islands)' . 
(d) Section 22 of the Act of June 29, 1935, c. 388, 49 Stat. 439, as 
amended (7 U.S.C. 329), is further amended— 
(1) by striking out "and Guam" wherever it appears and 
inserting in lieu thereof "Guam, and the Northern Mariana 
Islands"; 
(2) by striking out "$8,100,000" and inserting in lieu thereof 
"$8,250,000"; and 
(3) by striking out "$4,360,000" and inserting in lieu thereof 
"$4,380,000". 
(e) The first sentence of section 303)(2) of the Act of May 8, 1914, 
c. 79, 38 Stat. 372, as amended (7 U.S.C. 343), is further amended by 
striking out "and Guam" and inserting in lieu thereof "Guam, and 
the Northern Mariana Islands". 
(f) Section 10 of the Act of May 8, 1914, c. 79, 38 Stat. 372, as added 
by section l(i) of Public Law 87-749 (76 Stat. 745) and as amended (7 
U.S.C. 349), is further amended to read as follows: "The term 'State' 
means the States of the Union, Puerto Rico, the Virgin Islands, 
Guam and the Northern Mariana Islands.". 
Grants. 
SEC. 10. The Act of March 24, 1976 (Public Law 94-241; 90 Stat. 
48 use 1681 
263), is amended by adding the following new sections at the end 
''°^- 
thereof: 
"SEC. 3. Pursuant to section 701 of the foregoing Covenant, enact-
ment of this section shall constitute a commitment and pledge of the 
full faith and credit of the United States for the payment of $228 
million at guaranteed annual amounts of direct grant assistance for 
the Government of the Northern Mariana Islands for an additional 
period of seven fiscal years after the expiration of the initial seven-
year period specified in section 702 of said Covenant, which assist-
ance shall be provided according to the schedule of payments 
contained in the Agreement of the Special Representatives on 
Future United States Financial Assistance for the Government of 
the Northern Mariana Islands, executed July 10, 1985, between the 
special representative of the President of the United States and the 
special representatives of the Governor of the Northern Mariana 
Spain. 
Islands. The islands of Rota and Tinian shall each receive no less 
than a Vs share and the island of Saipan shall receive no less than a 
VA share of annualized capital improvement project funds, which 
shall be no less than 80 per centum of the capital development funds 
identified in the schedule of payments in paragraph 2 of part II of 
the Agreement of the Special Representatives. Funds shall be 
granted according to such regulations as are applicable to such 
grants. 
PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 841 
"SEC. 4. (a) Section 704(c) of the foregoing Covenant shall not 
apply to the Federal financial assistance which is provided to the 
Government of the Northern Mariana Islands pursuant to section 3 
of this Act. 
"(b) Upon the expiration of the period of Federal financial assist-
ance which is provided to the Government of the Northern Mariana 
Islands pursuant to section 3 of this Act, payments of direct grant 
assistance shall continue at the annual level provided for the last 
fiscal year of the additional period of seven fiscal years until Con-
gress otherwise provides by law. 
"SEC. 5. Should the Secretary of the Interior believe that the 
performance standards of the agreement identified in section 3 of 
this Act are not being met, he shall notify the Government of the 
Northern Mariana Islands in writing with the intent to resolve such 
issue in a mutually agreeable and expeditious manner and notify 
the Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Re-
sources of the Senate. Should the issue not be resolved within thirty 
days after the notification is received by the Government of the 
Northern Mariana Islands, the Secretary of the Interior may re-
quest authority from Congress to withhold payment of an appro-
priate amount of the operations funds identified in the schedule of 
payments in paragraph 2 of part II of the Agreement of the Special 
Representatives for a period of less than one year but no funds shall 
be withheld except by Act of Congress.". 
SEC 11. The final rule of June 18, 1986, amending part 697 of title 
29 of the Code of Federal Regulations shall have no effect. The 
minimum rates of wages paid to the employees in American Samoa 
shall be those in effect July 1, 1986, until new rates are established 
by another industry committee acting pursuant to the Fair Labor 
Standards Act of 1938. 
SEC. 12. (a) In awarding assistance grants, consolidated under the 
provisions of title V of the Act entitled "An Act to authorize certain 
appropriations for the territories of the United States, to amend 
certain Acts related thereto, and for other purposes" (91 Stat. 1159, 
as amended), to the Trust Territory of the Pacific Islands, American 
Samoa, Guam, the Northern Mariana Islands or the Virgin Islands, 
the Administrator of the Environmental Protection Agency may, in 
his discretion, adjust or otherwise modify maintenance or level of 
effort requirements. 
(b) In awarding grants to the Trust Territory of the Pacific 
Islands, American Samoa, Guam, the Northern Mariana Islands and 
the Virgin Islands under section 201(g)(1) of the Clean Water Act (33 
U.S.C. 1251 et seq.), the Administrator of the Environmental Protec-
tion Agency may waive limitations regarding grant eligibility for 
sewerage facilities and related appurtenances, insofar as such 
limitations relate to collector sewers, based upon a determination 
that applying such limitations could hinder the alleviation of 
threats to public health and water quality. In making such a 
determination, the Administrator shall take into consideration the 
public health and water quality benefits to be derived and the 
availability of alternate funding sources. The Administrator shall 
not award grants under this section for the operation and mainte-
nance of sewerage facilities, for construction of facilities which are 
not an essential component of the sewerage facilities, or any other 
activities or facilities which are not concerned with the manage-
48 u s e 1681 
note. 
Ante, p. 840. 
Grants. 
48 u s e 1681 
note. 
Wages. 
29 u s e 201 et 
seq. 
Grants. 
48 u s e 1469a 
note. 
48 u s e 1469a. 
Grants. 
Waste disposal. 
Water. 
Health and 
medical care. 
33 u s e 1281 
note. 
33 u s e 1281. 
100 STAT. 842 
PUBLIC LAW 99-396—AUG. 27, 1986 
Aliens. 
Defense and 
national 
security. 
ment of wastewater to alleviate threats to public health and water 
quality. 
SEC. 13. (a) Section 29 of the Organic Act of Guam (64 Stat. 392) as 
48 use I42lg. 
amended, is further amended— 
(1) by striking "at such places" and all thereafter in subsec-
tion (b) and inserting in lieu thereof "according to the laws of 
Guam."; and 
(2) by adding the following new subsection at the end thereof: 
"(c) The Government of Guam may by law establish an Office of 
Public Prosecutor and an Office of Public Auditor. The Public 
Prosecutor and Public Auditor may be removed as provided by the 
laws of Guam.". 
SEC. 14. (a) Subsection (1) of section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended to read as follows: 
"(1)(1) The requirement of paragraph (26)(B) of subsection (a) of 
this section may be waived by the Attorney General, the Secretary 
of State, and the Secretary of the Interior, acting jointly, in the case 
of an alien applying for admission as a nonimmigrant visitor for 
business or pleasure and solely for entry into and stay on Guam for 
a period not to exceed fifteen days, if the Attorney General, the 
Secretary of State, and the Secretary of the Interior, after consulta-
tion with the Governor of Guam, jointly determine that— 
"(A) an adequate arrival and departure control system has 
been developed on Guam, and 
"(B) such a waiver does not represent a threat to the welfare, 
safety, or security of the United States or its territories and 
commonwealths. 
"(2) An alien may not be provided a waiver under this subsection 
unless the alien has waived any right— 
"(A) to review or appeal under this Act of an immigration 
officer's determination as to the admissibility of the alien at the 
port of entry into Guam, or 
"(B) to contest, other than on the basis of an application for 
asylum, any action for deportation against the alien. 
"(3) If adequate appropriated funds to carry out this subsection 
are not otherwise available, the Attorney General is authorized to 
accept from the Government of Guam such funds as may be ten-
dered to cover all or any part of the cost of administration and 
enforcement of this subsection. 
"(b) After consultation with the Secretary of State, the Secretary 
of the Interior, and the Governor of Guam and within ninety days 
after the date of the enactment of this Act, the Attorney General 
shall issue regulations governing the admission, detention, and 
travel of nonimmigrant aliens pursuant to the visa waiver au-
thorized by the amendment made by subsection (a). 
"(c) Each year the Attorney General shall submit a report on the 
implementation of section 212(1) of the Immigration and Nationality 
Supra. 
Act to the Committees on the Judiciary and Interior and Insular 
Affairs of the House of Representatives and the Committees on the 
Judiciary and Energy and Natural Resources of the Senate.". 
Nationality. 
SEC. 15. (a) Section 308 of the Immigration and Nationality Act (8 
U.S.C. 1408) is amended by adding at the end the following new 
paragraph: 
"(4) A person born outside the United States and its outlying 
possessions of parents one of whom is an alien, and the other a 
national, but not a citizen, of the United States who, prior to the 
birth of such person, was physically present in the United States or 
Regulations. 
8 u s e 1182 note. 
Reports. 
8 u s e 1182 note. 
PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 843 
its outlying possessions for a period or periods totaling not less than 
seven years in any continuous period of ten years— 
"(A) during which the national parent was not outside the 
United States or its outlying possessions for a continuous period 
of more than one year, and 
"(B) at least five years of which were after attaining the age 
of fourteen years. 
The proviso of section 301(g) shall apply to the national parent 
under this paragraph in the same manner as it applies to the citizen 
parent under that section.". 
(b) The amendment made by subsection (a) shall apply to persons 
born before, on, or after the date of the enactment of this Act. In the 
case of a person born before the date of the enactment of this Act— 
(1) the status of a national of the United States shall not be 
considered to be conferred upon the person until the date the 
person establishes to the satisfaction of the Secretary of State 
that the person meets the requirements of section 308(4) of the 
Immigration and Nationality Act, and 
(2) the person shall not be eligible to vote in any general 
election in American Samoa earlier than January 1, 1987. 
SEC. 16. (a) Section 341 of the Immigration and Nationality Act (8 
U.S.C. 1452) is amended— 
(1) in the heading, by inserting "OR U.S. NON-CITIZEN NATIONAL 
STATUS" after "CITIZENSHIP", 
(2) by inserting "(a)" after "SEC. 341.", and 
(3) by adding at the end the following new subsection: 
"(b) A person who claims to be a national, but not a citizen, of the 
United States may apply to the Secretary of State for a certificate of 
non-citizen national status. Upon— 
"(1) proof to the satisfaction of the Secretary of State that the 
applicant is a national, but not a citizen, of the United States, 
and 
"(2) in the case of such a person born outside of the United 
States or its outlying possessions, taking and subscribing, before 
an immigration officer within the United States or its outlying 
possessions, to the oath of allegiance required by this Act of a 
petitioner for naturalization, 
the individual shall be furnished by the Secretary of State with a 
certificate of non-citizen national status, but only if the individual is 
at the time within the United States or its outlying possessions.". 
(b) The item in the table of contents of such Act relating to section 
341 is amended to read as follows: 
"Sec. 341. Certificates of citizenship or U.S. non-citizen national status; procedure.". 
(c) The Secretary of State may not impose a fee exceeding $35 for 
the processing of an application for a certificate of non-citizen 
national status under section 341(b) of the Immigration and 
Nationality Act filed before the end of fiscal year 1987. 
SEC. 17. The Act of June 12, 1906 (34 Stat. 259, 43 U.S.C. 391), is 
amended by inserting a comma after "State of Texas" and adding 
"American Samoa, Guam, the Northern Mariana Islands and the 
Virgin Islands.". 
SEC. 18. (a) Section 9(a) of the Organic Act of Guam (64 Stat. 387) is 
amended by adding the following new sentence at the end thereof: 
"The Government of Guam may by law establish a Civil Service 
8 u s e 1401. 
8 u s e 1408 note. 
Ante, p. 842. 
Elections. 
8 u s e 1452 note. 
48 u s e 1422c. 
100 STAT. 844 
PUBLIC LAW 99-396—AUG. 27, 1986 
Appropriation 
authorization. 
Puerto Rico. 
48 u s e 1421 
note. 
48 u s e 1469a-l. 
Ante, p. 840. 
48 u s e 731 note. 
48 u s e 1541 
note. 
99 Stat. 1037; 
ante, p. 773. 
48 u s e 1681 
note. 
Micronesia 
Marshall 
Islands. 
99 Stat. 1807, 
1822, 1825. 
48 u s e 1681 
note. 
99 Stat. 1791, 
1799. 
16 u s e 470. 
99 Stat. 1791. 
Retirement. 
Commission to administer the merit system. Members of the 
commission may be removed as provided by the laws of Guam.". 
SEC. 19. (a) There are hereby authorized to be appropriated such 
sums as may be necessary to carry out the purposes of this Act. 
(b) Pursuant to the terms of the Organic Act of Guam (64 Stat. 
384), as amended; the Joint resolution to Approve the Covenant to 
Establish a Commonwealth of the Northern Mariana Islands in 
Political Union With the United States of America (90 Stat. 263), as 
amended; the Puerto Rican Federal Relations Act (64 Stat. 319), as 
amended and supplemented; and the Revised Organic Act of the 
Virgin Islands (86 Stat. 497), as amended and supplemented and an 
Act to authorize appropriations for certain insular areas of the 
United States, and for other purposes (92 Stat. 487), as amended; 
there shall be paid into the treasuries of Guam, the Northern 
Mariana Islands, Puerto Rico, and the Virgin Islands respectively 
the full amounts which are to be covered into the treasuries of said 
islands or paid pursuant to said laws as amended and supplemented 
and such amounts shall not be reduced, notwithstanding Public Law 
99-177, Public Law 99-366, or any other provision of law. 
SEC. 20. (a) Section 105(b)(2) of Public Law 99-239 is amended to 
read as follows: 
"(2) Except for programs or services provided by or through 
other federal agencies or officials to the Federated States of Mi-
cronesia or the Republic of the Marshall Islands, or for which 
residents thereof are eligible pursuant to the Compact or any other 
provision of this joint resolution, appropriations made pursuant to 
the Compact or any other provision of this joint resolution may be 
made only to the Secretary of the Interior. The Secretary of the 
Interior shall coordinate and monitor any programs or activities, 
including such activities for which funding is made directly to such 
other agencies, provided to the Federated States of Micronesia or 
the Republic of the Marshall Islands by agencies of the Government 
of the United States and related economic development planning 
pursuant to the Compact or pursuant to any other authorization 
except for the provisions of sections 161(e), 313, and 351 of the 
Compact and the authorization of the President to agree to an 
effective date pursuant to this resolution. Funds appropriated to the 
Secretary of the Interior pursuant to this paragraph shall not be 
allocated to other Departments or agencies, except that the Sec-
retary of the Interior shall be able to reimburse Departments or 
agencies for purposes authorized by this joint resolution.". 
(b) The programs and services specified in section 105(h)(1), 
sections 105(i) (1) and (2), section 111(a), the services of the National 
Health Service Corps pursuant to section 105(k), and the Technical 
Assistance and National Historic Preservation Act grants pursuant 
to section 105(1), of Public Law 99-239 shall be provided on a 
nonreimbursable basis. 
SEC. 21. (a) Section 373 of title 28, United States Code, is amended 
to read as follows: 
"§ 373. Judges in territories and possessions 
"(a) Any judge of the District Court of Guam, the District Court of 
the Northern Mariana Islands, or the District Court of the Virgin 
Islands who retires from office after attaining the age and meeting 
the service requirements whether continuous or otherwise, of 
subsection (b) shall, during the remainder of his lifetime, receive an 
annuity equal to the salary he is receiving at the time he retires. 
PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 845 
"(b) The age and service requirements for retirement under 
subsection (a) of this section are as follows: 
"Attained age: 
Years of service: 
65 
15 
66 
14 
67 
13 
68 
12 
69 
1
1 
70 
10 
"(c)(1) Any judge or former judge who is receiving an annuity 
pursuant to this section may elect to become a senior judge of the 
court upon which he served before retiring. 
"(2) The chief judge of a judicial circuit may recall any such senior 
judge, with the judge's consent, to perform, for the court from which 
he retired, such judicial duties for such periods of time as the chief 
judge may specify. 
"(3) Any act or failure to act by a senior judge performing judicial 
duties pursuant to recall under paragraph (2) of this subsection shall 
have the same force and effect as if it were an act or failure to act of 
a judge on active duty; but such senior judge shall not be counted as 
a judge of the court on which he is serving as a recalled annuitant 
for purposes of the number of judgeships authorized for that court. 
"(4) Any senior judge performing judicial duties pursuant to recall 
under paragraph (2) of this subsection shall be paid, while perform-
ing such duties, the same compensation (in lieu of the annuity 
payable under subsection (a) of this section) and the same allow-
ances for travel and other expenses as a judge on active duty with 
the court being served. 
"(5) Any senior judge performing judicial duties pursuant to recall 
under paragraph (2) of this subsection shall at all times be governed 
by the code of judicial conduct for United States judges approved by 
the Judicial Conference of the United States. 
"(d) Any judge who elects to become a senior judge under subsec-
tion (c) of this section and who thereafter— 
"(1) accepts civil office or employment under the Government 
of the United States (other than the performance of judicial 
duties pursuant to recall under subsection (c) of this section); 
"(2) engages in the practice of law; or 
"(3) materially violates the code of judicial conduct for United 
States judges, 
shall cease to be a senior judge and to be eligible for recall pursuant 
to subsection (c) of this section. 
"(e) Any judge of the District Court of Guam, the District Court of Handicapped 
the Northern Mariana Islands, or the District Court of the Virgin persons. 
Islands who is removed by the President of the United States upon 
the sole ground of mental or physical disability, or who is not 
reappointed (as judge of such court), shall be entitled, upon attaining 
the age of sixty-five years or upon relinquishing office if he is then 
beyond the age of sixty-five years, (1) if his judicial service, continu-
ous or otherwise, aggregates fifteen years or more, to receive during 
the remainder of his life an annuity equal to the salary he received 
when he left office, or (2) if his judicial service, continuous or 
otherwise, aggregated less than fifteen years but not less than ten 
years, to receive during the remainder of his life an annuity equal to 
that proportion of such salary which the aggregate number of his 
years of his judicial service bears to fifteen. 
ifi #i 
100 STAT. 846 
PUBLIC LAW 99-396—AUG. 27, 1986 
"(f) Service at any time as a judge of the courts referred to in 
subsection (a) or of any other court of the United States, as defined 
28 use 451. 
by section 451 of this title, shall be included in the computation of 
aggregate years of judicial service for purposes of this section. 
"(g) Any retired judge who is entitled to receive an annuity under 
subsection (a) shall be entitled to a cost of living adjustment in the 
amount payable to him computed as specified in section 8340(b) of 
title 5, except that in no case may the annuity payable to such 
retired judge, as increased under this subsection, exceed 95 per 
centum of the salary of a United States district judge in regular 
active service.". 
(b)(1) Subsection (a)(1)(B) of section 376 of title 28, United States 
Code, is amended to read as follows: 
"(B) a judge of the District Court of Guam, the District Court 
of the Northern Mariana Islands, or the District Court of the 
Virgin Islands;". 
(2) Subsection (a)(2)(B) of section 376 of title 28, United States 
Code, is amended to read as follows: 
"(B) in the case of a judge of the District Court of Guam, the 
District Court of the Northern Mariana Islands, or the District 
Court of the Virgin Islands, (i) an annuity paid under subsection 
(a) of section 373 of this title or (ii) compensation paid under 
Ante, p. 844. 
paragraph (4) of subsection (c) of section 373 of this title;". 
28 use 373 note. 
(c) The amendments made by this section shall not affect the 
amount payable to a judge who retired in accordance with the 
provisions of section 373 of title 28, United States Code, in effect on 
the day before the date of enactment of this Act. 
Indians. 
SEC. 22. (a) The first proviso of section 2(a)(2) of Public Law 94-204 
Securities. 
(89 Stat. 1146) as amended by section 1411(a) of Public Law 96-487 
43 use?!??!' 
^^^ ^*^^- 2498) is amended to read as follows: "Provided, That the 
note. 
interest on proceeds received prior to January 2, 1976, shall be 
calculated and paid at the rate of the earnings on Individual Indian 
Moneys in the custody of the Secretary of the Interior pursuant to 
sections 463 and 465 of the Revised Statutes (25 U.S.C. 2 and 9) and 
invested by him pursuant to the Act of June 24, 1938 (25 U.S.C. 
162a), from the date of receipt to January 2, 1976. Effective 
January 2, 1976, the interest so calculated shall be added to the 
principal amount of such proceeds. The interest on this total amount 
and on proceeds received on or after January 2, 1976, shall be 
calculated and paid as though such proceeds and previously cal-
culated interest had been deposited in the escrow account from 
January 2, 1976, or the date of receipt, whichever occurs later, to the 
date of payment to the affected Corporation.", 
(b) Section 2(e) of Public Law 94-204 (89 Stat. 1146) as added by 
43 use 1613 
section 1411(b) of Public Law 96-487 (94 Stat. 2498) is amended to 
note. 
read as follows: 
"(e) The Secretary shall calculate the amounts payable pursuant 
to this section and notify the affected Corporation of the results of 
his calculations. The affected Corporation shall have thirty days in 
which to appeal the Secretary's calculations after which the Sec-
retary shall promptly make a final determination of the amounts 
payable. The Secretary shall certify such final determinations to the 
Secretary of the Treasury and each determination shall constitute a 
final judgment, award, or compromise settlement under section 1304 
of title 31 of the United States Code. The Secretary of the Treasury 
is authorized and directed to pay such amounts to the appropriate 
Real property. 
Corporation out of funds in the Treasury: Provided, That if the lands 
PUBLIC LAW 99-396—AUG. 27, 1986 
100 STAT. 847 
from which the proceeds and interest entitlement are derived have 
not been conveyed to the selecting Native Corporation at the time 
the Secretary makes his final determination, the Secretary of the 
Treasury is authorized and directed to pay such amount into the 
escrow account where it will earn interest and be disbursed in the 
same manner as other proceeds and interest." 
Approved August 27, 1986. 
LEGISLATIVE HISTORY—H.R. 2478: 
HOUSE REPORTS: No. 99-116 and Pt. 2 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 99-236 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Dec. 3, considered and passed House. 
Vol. 132 (1986): Apr. 24, considered and passed Senate, amended. 
Aug. 1, House concurred in Senate amendment No. 1; dis-
agreed to Senate amendment No. 3; and concurred in 
other Senate amendments with amendments. 
Aug. 9, Senate receded from amendment No. 3 and agreed to 
House amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Aug. 27, Presidential statement.