Section 398, act June 25, 1910, ch. 422, § 4, 36 Stat. 849, specified the duration of the lien.

Section 399, act June 25, 1910, ch. 422, § 5, 36 Stat. 849, prescribed the procedure for foreclosure of the liens. Section 400, act June 25, 1910, ch. 422, § 6, 36 Stat. 849, authorized defects in lien notice or in proceedings to foreclose to be cured by amendment.

Section 401, act June 25, 1910, ch. 422, § 7, 36 Stat. 850, prescribed certain procedures in proceedings to foreclose liens, and permitted intervention by adverse claimants.

Section 402, act June 25, 1910, ch. 422, § 8, 36 Stat. 850, provided for joinder of plaintiffs, consolidation of actions, and waiver of lien.

Section 403, act June 25, 1910, ch. 422, § 9, 36 Stat. 850, required judgment for claimants, and provided for its enforcement.

Section 404, act June 25, 1910, ch. 422, § 10, 36 Stat. 851, permitted appeals from final judgments of justices of the peace in actions under sections 395-405 of this title.

Section 405, act June 25, 1910, ch. 422, § 11, 36 Stat. 851, prescribed the criminal liability for buying, removing, etc., minerals with notice of lien.

Section 411, act May 14, 1898, ch. 299, § 2, 30 Stat. 409, granted railroads rights of way, reserved mineral interests therein, and directed posting of schedules of rates.

Section 412, act May 14, 1898, ch. 299, § 3, 30 Stat. 410, provided for rights of several roads through canyons.

Section 413, acts June 2, 1864, ch. 216, § 3, 13 Stat. 357; May 14, 1898, ch. 299, § 4, 30 Stat. 410, granted the right of condemnation to railroads.

Section 414, act May 14, 1898, ch. 299, § 4, 30 Stat. 410, related to the effect of filing of the preliminary survey.

Section 415, act May 14, 1898, ch. 299, § 5, 30 Stat. 410, required railroads to file maps of the location of their roads.

Section 416, act May 14, 1898, ch. 299, § 6, 30 Stat. 411, provided for right of way for wagon roads, wire rope, aerial, or other tramways, reserved mineral interests, and limited tolls.

Section 417, act May 14, 1898, ch. 299, § 7, 30 Stat. 412, made sections 411-419, 421, 423, and 461-465 of this title inapplicable to military parks, Indian and other

reservations.

Section 418, act May 14, 1898, ch. 299, § 8, 30 Stat. 412, reserved the right of repeal or amendment.

Section 419, act May 14, 1898, ch. 299, § 9, 30 Stat. 413, related to the map of location of roads.

Sections 420-420c, act Aug. 1, 1956, ch. 848, §§ 1-4, 70 Stat. 898, related to public lands within highway, telephone, and pipeline withdrawals, authorized amendment of land description of claim or entry on adjoining lands, permitted the Secretary to sell restored lands, granted preference rights, and provided for the utilization or occupancy of easements.

Section 420d, act Aug. 1, 1956, ch. 848, § 5, as added June 11, 1960, Pub. L. 86-512, 74 Stat. 207, defined "restored lands" for purposes of sections 420-420c of this title.

Section 421, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; Oct. 28, 1921, ch. 114, § 1, 42 Stat. 208; Mar. 3, 1925, ch. 462, 43 Stat. 1144, authorized the Secretary to sell timber on public lands.

Section 422, acts Feb. 1, 1905, ch. 288, § 2, 33 Stat. 628; June 5, 1920, ch. 235, § 1, 41 Stat. 917, permitted export of timber pulpwood and wood pulp.

Section 423, acts May 14, 1898, ch. 299, § 11, 30 Stat. 414; June 15, 1938, ch. 427, 52 Stat. 699, authorized the Secretary to permit cutting and use of timber by settlers, residents, miners, etc.

Section 431, acts June 6, 1900, ch. 796, 31 Stat. 658; Apr. 28, 1904, ch. 1772, § 4, 33 Stat. 526, extended coal land laws of the United States to Alaska, and was omitted as being covered by former section 452 of this title. Section 432, act Oct. 20, 1914, ch. 330, § 1, 38 Stat. 741, related to survey of coal lands in Alaska, and was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490. See section 201 et seq. of Title 30, Mineral Lands and Mining.

Section 433, act Oct. 20, 1914, ch. 330, § 2, 38 Stat. 742, related to reservation of coal lands in Alaska, and was repealed by Pub. L. 85-508, § 20, July 7, 1958, 72 Stat. 351. See section 201 et seq. of Title 30, Mineral Lands and Mining.

36-500 0-65-vol. 10- -36

Sections 434 436, act Oct. 20, 1914, ch. 330, §§ 3-5, 38 Stat. 742, 743, related to division of unreserved lands into leasing blocks or tracts and leases, lease of additional lands, and consolidation of leases, and were repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Sections 437, 438, act Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744, related to term of lease, and to royalties and rentals payable to United States by lessees, and were repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 438a, act Oct. 20, 1914, ch. 330, § 19, as added June 6, 1934, ch. 405, 48 Stat. 909, related to suspension of rentals during suspension of operation or production, and was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 439, acts Oct. 20, 1914, ch. 330, § 9, 38 Stat. 744; July 10, 1957, Pub. L. 85-88, § 1, 71 Stat. 282; July 7, 1958, Pub. L. 85-508, § 28(a), 72 Stat. 351, related to distribution of net profits, bonuses, royalties, rentals, and other payments, and was repealed by Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490.

Sections 440-442, acts Oct. 20, 1914, ch. 330, §§ 6-8, 38 Stat. 743; Feb. 21, 1944, ch. 18, 58 Stat. 18, related to property leased, limitation of amount, forfeiture of excess, provided for punishment when exceeding authorized interest, prescribed criminal liability of officer or agent of corporation or association violating law, and were repealed by Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 443, act Oct. 20, 1914, ch. 330, § 8a, 38 Stat. 743, related to forfeiture of lease for violation of law, and was repaeled by Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 444, acts Oct. 20, 1914, ch. 330, § 3, 38 Stat. 742; Mar. 4, 1921, ch. 152, 41 Stat. 1363, related to prospecting permits and leases to prospectors, and was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 445, act Oct. 20, 1914, ch. 330, § 10, 38 Stat. 744, related to coal for local and domestic needs, and was repealed by Pub. L. 86–252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 445a, act July 19, 1932, ch. 513, 47 Stat. 707, permitted purchase of coal from two or more mines adjacent to the Alaska Railroad.

Sections 446-449, act Oct. 20, 1914, ch. 330, §§ 11-14, 38 Stat. 744, related to reservation by United States in leases, entries, etc., assignment or subletting by lessees, possession of lessee as possession of United States, and to forfeiture and cancellation of leases, and were repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Sections 450, 451, act Oct. 20, 1914, ch. 330, §§ 16, 17, 38 Stat. 745, related to statements, representations, and reports, rules and regulations, and were repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 452, act Oct. 20, 1914, ch. 330, § 15, 38 Stat. 745, related to limitation on disposal of coal lands, and was repealed by Pub. L. 86-252, § 1, Sept. 9, 1959, 73 Stat. 490.

Section 453, act May 28, 1908, ch. 211, § 2, 35 Stat. 424, related to preference right of United States to purchase of coal for Army and Navy.

Sections 455-455e, Pub. L. 85-303, §§ 1-6, Sept. 7, 1957, 71 Stat. 623-625, related to tidelands, granted United States title to the Territory of Alaska, provided for management and disposal, reserved mineral rights, and required survey of community boundaries.

Sections 456-456h, Pub. L. 85-505, §§ 1-11, July 3, 1958, 72 Stat. 322-325, related to lease of oil and gas deposits in lands beneath nontidal navigable waters, provided for rights to natural resources from waters and navigational servitures, granted preference rights, declared the effect on transferred lands, and empowered the promulgation of rules and regulations.

Section 461, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Mar. 3, 1927, ch. 323, 44 Stat. 1364; May 26, 1934, ch. 357, 48 Stat. 809; Aug. 23, 1958, Pub. L. 85-725, § 3, 72 Stat. 730, related to rights to purchase for trade or manufacture lands in the Territories, prescribed the price and limit of acreage, and limited the amount of land permitted to be purchased.

Section 461a, act Apr. 29, 1950, ch. 137, § 5, 64 Stat. 95, required the filing of notices of claim for the purchase of land under section 461 of this title.

Section 462, acts May 14, 1898, ch. 299, § 10, 30 Stat. 413; Aug. 3, 1955, ch. 496, § 2, 69 Stat. 444, prohibited entry on lands on navigable waters.

Section 463, act May 14, 1898, ch. 299, § 10, 30 Stat. 413. related to several claimants of same tract.

Section 464, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, reserved landing places along water front for natives.

Section 465, act May 14, 1898, ch. 299, § 10, 30 Stat. 413, excepted certain islands from the operation of sections 411-419, 421, 423, and 461-464 of this title.

Section 466, acts Mar. 3, 1891, ch. 561, § 13, 26 Stat. 1100; Mar. 3, 1925, ch. 462, 43 Stat. 1144, related to surveys for the purchase of land under sections 461-466 of this title.

Section 471, act Mar. 4, 1927, ch. 513, § 1, 44 Stat. 1452, declared Congressional policy towards grazing districts and privileges.

Section 471a, act Mar. 4, 1927, ch. 513, § 2, 44 Stat. 1452 defined terms "person", "district", "Secretary", "lessee".

and

Section 471b, act Mar. 4, 1927, ch. 513, § 3, 44 Stat. 1452, gave the Secretary the power to establish grazing districts.

Section 471c, act Mar. 4, 1927, ch. 513, § 4, 44 Stat. 1452, provided for the alteration of grazing district.

Section 471d, act Mar. 4, 1927, ch. 513, § 5, 44 Stat. 1453, provided for the giving of notice of the establishment of grazing districts.

Section 471e, act Mar. 4, 1927, ch. 513, § 6, 44 Stat. 1453, authorized the giving of preferences in considering the applications to lease grazing lands.

Section 471f, act Mar. 4, 1927, ch. 513, § 7, 44 Stat. 1453, provided for the terms and conditions of leases for grazing lands.

Section 471g, act Mar. 4, 1927, ch. 513, § 8, 44 Stat. 1453, authorized the Secretary to determine for each lease, the grazing fee.

Section 471h, act Mar. 4, 1927, ch. 513, § 9, 44 Stat. 1453, provided for the disposition of receipts for grazing fees. Section 471i, act Mar. 4, 1927, ch. 513, § 10, 44 Stat. 1453, provided for the assignment of leases by the lessee.

Section 471j, act Mar. 4, 1927, ch. 513, § 11, 44 Stat. 1454, provided for improvements by the lessee of any area included within the provisions of his lease.

Section 471k, act Mar. 4, 1927, ch. 513, § 12, 44 Stat. 1454, prohibited the grazing of animals on grazing district land without a lease or other permission and set the penalty for violation of the section.

Section 4711, act Mar. 4, 1927, ch. 513, § 13, 44 Stat. 1454, authorized the Secretary of the Interior to establish stock driveways and allow free grazing.

Section 471m, act Mar. 4, 1927, ch. 513, § 14, 44 Stat. 1454, made provision for hearing and appeals from decisions of Interior Department employees regarding grazing privileges.

Section 471n, act Mar. 4, 1927, ch. 513, § 15, 44 Stat. 1455, authorized the Secretary of the Interior to promulgate rules and regulations necessary to the administration of sections 471-4710 of this title, appoint employees, make expenditures, and investigate, experiment, and improve the reindeer industry and cooperate in the development of plant and animal life.

Section 4710, act Mar. 4, 1927, ch. 513, § 16, 44 Stat. 1455, continued in force and effect laws aplicable to lands or resources in the same manner as they had applied prior to enactment of sections 471-4710 of this title with regard to ingress and egress upon lands for any authorized purpose including prospecting for and mining extraction of minerals.

Sections 472, 472a, act Mar. 27, 1928, ch. 251, §§ 1, 2, 45 Stat. 371, which related to disposition of abandoned military reservations in Alaska, including Signal Corps Stations and rights-of-way, and rules and regulations in connection therewith, were repealed by act Oct. 31, 1951, ch. 654, § 1(126), 65 Stat. 706. See sections 483 and 484 of Title 40, Public Buildings, Property, and Works. Section 473, act Dec. 31, 1941, ch. 644, § 1, 55 Stat. 879, established the Alaska militia.

Section 474, act Dec. 31, 1941, ch. 644, § 2, 55 Stat. 879, exempted from the militia service all persons exempted by the laws of the United States, judges of the several courts of the Territory, and members and officers of the Alaska Territorial Legislature.

Section 475, act Dec. 31, 1941, ch. 644, § 3, 55 Stat. 879, established the Alaska National Guard.

Section 476, act Dec. 31, 1941, ch. 644, § 4, 55 Stat. 879, gave the Governor of the Territory of Alaska as the ex officio commander of the militia, like command of the Alaska National Guard while not in the Federal service. Section 477, act Dec. 31, 1941, ch. 644, § 5, 55 Stat. 880, provided for the appointment of the Adjutant General of the Territory of Alaska.

Section 478, act Dec. 31, 1941, ch. 644, § 6, 55 Stat. 880, provided for the ratification and confirmation of existing military forces.

Section 479, act Dec. 31, 1941, ch. 644, § 7, 55 Stat. 880, gave the Governor the power to organize a Territorial Guard during the time that the Alaska National Guard might be under Federal service.

Section 480, acts July 18, 1950, ch. 466, title I, § 101, 64 Stat. 344; Aug. 11, 1955, ch. 783, title I, § 107 (3), (7), (9), 69 Stat. 637, 638, authorized the government of Alaska to create a public corporate authority to undertake slum clearance and urban redevelopment projects.

Section 480a, acts July 18, 1950, ch. 466, title I, § 102, 64 Stat. 344; Aug. 11, 1955, ch. 783 title I, § 107(3), 69 Stat. 637, authorized the government of Alaska to assist slum clearance and urban redevelopment through cash donations, loans, conveyances of real and personal property, facilities and services.

Section 480b, act July 18, 1950, ch. 466, title I, § 103, 64 Stat. 345, ratified all legislation enacted prior thereto by the Legislature of the Territory of Alaska.

Section 481, acts July 21, 1941, ch. 311, § 1, 55 Stat. 601; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized the Legislature to create public corporate authorities to undertake slum clearance and projects to provide dwelling accommodations for families of low income and for persons (and their families) engaged in national-defense activities.

Section 482, acts July 21, 1941, ch. 311, § 2, 55 Stat. 602; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized the Legislature of the Territory of Alaska to provide for the appointment of Commissioners.

Section 483, acts July 21, 1941, ch. 311, § 3, 55 Stat. 602; July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, authorized the Legislature of the Territory of Alaska to issue bonds or other obligations with such security and in such manner as the legislature may provide.

Section 483a, act July 21, 1941, ch. 311, § 4, as added July 18, 1950, ch. 466, title II, § 201(a), 64 Stat. 345, ratified all prior acts enacted by the Legislature of the Territory of Alaska.

Section 483b, act July 21, 1941, ch. 311, § 5, as added July 18, 1950, ch. 466. title II. § 201(a), 64 Stat. 345, granted additional powers to the Legislature of the Territory of Alaska.

Section 484, acts Apr. 23, 1949, ch. 89, § 3, 63 Stat. 58; July 14, 1952, ch. 723, § 7, 66 Stat. 603, authorized the Legislature of the Territory of Alaska to establish the Alaska Housing Authority.

Section 484a, act Apr. 23, 1949, ch. 89, § 4, 63 Stat. 59, authorized the Housing and Home Finance Agency to provide technical advice and information and to cooperate with and assist the Alaska Housing Authority.

Section 484b, act Apr. 23, 1949, ch. 89, § 5, 63 Stat. 69, provided for the retention of permanent housing by the Housing and Home Finance Administrator.

Section 484c, act Apr. 23, 1949, ch. 89, § 6, 63 Stat. 60, authorized the transfer of real or personal property of other Government departments or agencies to Alaska Housing Authority.

Section 484d, act June 27, 1934, ch. 847, § 214, as added Apr. 23, 1949, ch. 89, § 2(a), 63 Stat. 57, and amended July 14, 1952, ch. 723, § 10(a) (3), 66 Stat. 603; June 30. 1953, ch. 170, § 25(c), 67 Stat. 128, 129; June 25, 1959, Pub. L. 86-70, § 10(c), 73 Stat. 142, authorized the Federal Housing Commissioner to prescribe, with respect to dollar amount, a higher maximum for the principal obligation of mortgages.

Section 484e, act Apr. 23, 1949, ch. 89, § 2(b), 63 Stat. 58, related to real-estate loans and purchase of insured mortgages, with respect to properties in Alaska, by the Federal National Mortgage Association, and was repealed by act Aug. 2, 1954, ch. 649, title II, § 205, 68 Stat. 622.

Section 485, acts May 28, 1948, ch. 354, § 1, 62 Stat. 227; Aug. 23, 1958, Pub. L. 25-726, title XIV, § 1402(d)(1), 72 Stat. 807, authorized the Administrator of Civil Aeronautics to construct, protect, operate, improve, and maintain within the Territory of Alaska a public airport at or near Anchorage and a public airport at or near Fairbanks.

Section 485a, act May 28, 1948, ch. 354, § 2, 62 Stat. 278, authorized the Administrator of Civil Aeronautics to acquire by purchase, lease, condemnation or otherwise such lands and appurtenances necessary for the construction, protection, maintenance, improvement, and operation of said airports.

Section 485b, act May 28, 1948, ch. 354, § 3, 62 Stat. 278, authorized the Administrator to acquire rights-of-way or easements for roads, trails, pipe lines, power lines and other similar facilities necessary for the operation of airports, and to construct any public highways and bridge to whatever airport locations may be selected.

Section 485c, acts May 28, 1948, ch. 354, § 4, 62 Stat. 278; Aug. 23, 1958, Pub. L. 85-726, title XIV, § 1402(d)(2), 72 Stat. 807, set out the powers and duties of the Administrator.

Section 485d, acts May 28, 1948, ch. 354, § 5, 62 Stat. 278; Oct. 10, 1951, ch. 457, 65 Stat. 371; July 3, 1958, Pub. L. 85-503, 72 Stat. 321; Aug. 23, 1958, Pub. L. 85-726, title XIV, § 1402(d) (3), 72 Stat. 807, empowered the Administrator of the Federal Aviation Agency to lease space or property within or upon airports.

Section 485e, act May 28, 1948, ch. 354, § 6, 62 Stat. 278, authorized the Administrator to contract with any person for the performance of services at or upon the airports. Section 485f, acts May 28, 1948, ch. 354, § 7, 62 Stat. 278; Oct. 31, 1951, ch. 654, § 2(25), 65 Stat. 707, authorized the transfer of lands, building, property or equipment by other agencies of Federal Government to the Administrator.

Section 485g, act May 28, 1948, ch. 354, § 8, 62 Stat. 278, provided for penalties for violations of any rule, regulation or order issued by the Administrator.

Section 485h, act May 28, 1948, ch. 354, § 9, 62 Stat. 279, prescribed the definitions used in sections 485485h of this title, should be the definitions assigned by the Civil Aeronautics Act of 1938, as amended.

Section 486, act Aug. 24, 1949, ch. 504, § 2, 63 Stat. 627, declared the Congressional purpose of sections 486-486] of this title was to foster the settlement and increase the permanent residents of Alaska.

Section 486a, act Aug. 24, 1949, ch. 504, § 3, 63 Stat. 627, authorized the Secretary of the Interior to accept applications for public works.

Section 486b, act Aug. 24, 1949, ch. 504, § 4, 63 Stat. 627, authorized the Secretary to include works from other Federal agencies in the public works program.

Section 486c, acts Aug. 24, 1949, ch. 504, § 5, 63 Stat. 628; Aug. 30, 1957, Pub. L. 85-233, § 1, 71 Stat. 515; Dec. 23, 1963, Pub. L. 88-229, 77 Stat. 471, empowered the Secretary to enter into agreement with public work applicant.

Section 486d, act Aug. 24, 1949, ch. 504, § 6, 63 Stat. 628, set out the authority and powers of applicants for public work.

Section 486e, act Aug. 24, 1949, ch. 504, § 7, 63 Stat. 629, provided for cooperation between other Federal agencies and the Secretary, and the transfer of jurisdiction from other Federal agencies to the Secretary.

Section 486f, act Aug. 24, 1949, ch. 504, § 8, 63 Stat. 629, authorized the Secretary to provide public works through the award of contracts.

Section 486g, act Aug. 24, 1949, ch. 504, § 9, 63 Stat. 629, directed that all moneys received by the Secretary should be covered into the Treasury as miscellaneous receipts.

Section 486h, act Aug. 24, 1949, ch. 504, § 10, 63 Stat. 629, authorized the Secretary to utilize and act through other Federal agencies.

Section 4861, act Aug. 24, 1949, ch. 504, § 11, 63 Stat. 624, provided for appropriations to carry out the purposes of sections 486-486).

Section 486j, acts Aug. 24, 1949, ch. 504, § 12, 63 Stat. 629; July 15, 1954, ch. 510, 68 Stat. 483, directed that the authority of the Secretary under sections 486—486j of this title shall terminate on June 30, 1959.

Section 487, act Aug. 9, 1955, ch. 682, § 1, 69 Stat. 618, authorized the Secretary to make investigations of projects for the conservation, development, and utilization of the water resources of Alaska.

Section 487a, act Aug. 9, 1955, ch. 682, § 2, 69 Stat. 618, provided for the solicitation of views and recommendations by the Governor of Alaska or his representative, to the Secretary and for the transmittal of the Secretary's report to Congress.

Section 487b, act Aug. 9, 1955, ch. 682, § 3, 69 Stat. 618, authorized appropriation up to $250,000 in any one year. Section 488, act May 10, 1956, ch. 248, § 1, 70 Stat. 149, authorized the Territory of Alaska to borrow for public improvements and to issue bonds of the Territory for such borrowing.

Section 488a, act May 10, 1956, ch. 248, § 2, 70 Stat. 149, placed limitations on the Territory in contracting debts. Section 488b, act May 10, 1956, ch. 248, § 3, 70 Stat. 150, made provisions for the type of land to be issued, the scheduling of maturity of the bonds, payment of the bonds, redemption of the bond and refunding.

Section 488c, act May 10, 1956, ch. 248, § 4, 70 Stat. 150, authorized the Territory to borrow on the credit of the Territory and to issue certificates of indebtedness.

Section 488d, act May 10, 1956, ch. 248, § 5, 70 Stat. 150, provided for the issuance of bonds and certificates as negotiable instruments.

Section 488e, act May 10, 1956, ch. 248, § 6, 70 Stat. 150, authorized the payment of interest on the principal of bonds and certificates of indebtedness as they fall due.

Section 488f, act May 10, 1956, ch. 248, § 7, 70 Stat. 150, authorized guarantee of payment on municipality and school and public utility district bonds.

Chapter 3.-HAWAII

ADMISSION AS STATE

Hawaii was admitted into the Union on August 21, 1959, upon issuance of Proc. No. 3309, Aug. 21, 1959, 24 F.R. 6868, 73 Stat. c74, as required by sections 1 and 7(c) of Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, set out below.

HAWAII STATEHOOD

Pub. L. 86-3, Mar. 18, 1959, 73 Stat. 4, as amended, provided:

"[Sec. 1. Declaration: acceptance, ratification, and confirmation of Constitution.] That, subject to the provisions of this Act, and upon issuance of the proclamation required by section 7(c) of this Act, the State of Hawaii is hereby declared to be a State of the United States of America, is declared admitted into the Union on an equal footing with the other States in all respects whatever, and the constitution formed pursuant to the provisions of the Act of the Territorial Legislature of Hawaii entitled 'An Act to provide for a constitutional convention, the adoption of a State constitution, and the forwarding of the same to the Congress of the United States, and appropriating money therefor', approved May 20, 1949 (Act 334, Session Laws of Hawaii, 1949), and adopted by a vote of the people of Hawaii in the election held on November 7, 1950, is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed.

"Sec. 2. [Territory.] The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial waters, included in the Territory of Hawaii on the date of enactment of this Act [March 18, 1959], except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters, but said State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island), or Kingman Reef, together with their appurtenant reefs and territorial waters.

"Sec. 3. [Constitution.] The constitution of the State of Hawaii shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.

"Sec. 4. [Compact with United States.] As a compact with the United States relating to the management and disposition of the Hawaiian home lands, the Hawaiian Homes Commission Act, 1920, as amended, shall be adopted as a provision of the Constitution of said State,

as provided in section 7, subsection (b) of this Act, subject to amendment or repeal only with the consent of the United States, and in no other manner: Provided, That (1) sections 202, 213, 219, 220, 222, 224, and 225 and other provisions relating to administration, and paragraph (2) of section 204, sections 206 and 212, and other provisions relating to the powers and duties of officers other than those charged with the administration of said Act, may be amended in the constitution, or in the manner required for State legislation, but the Hawaiian homeloan fund, the Hawaiian home-operating fund, and the Hawaiian home-development fund shall not be reduced or impaired by any such amendment, whether made in the constitution or in the manner required for State legislation, and the encumbrances authorized to be placed on Hawaiian home lands by officers other than those charged with the administration of said Act, shall not be increased, except with the consent of the United States; (2) that any amendment to increase the benefits to lessees of Hawaiian home lands may be made in the constitution, or in the manner required for State legislation, but the qualifications of lessees shall not be changed except with the consent of the United States; and (3) that all proceeds and income from the 'available lands', as defined by said Act, shall be used only in carrying out the provisions of said Act.

"Sec. 5. [Title to property; land grants; reservation of lands; public school support; submerged lands.] (a) Except as provided in subsection (c) of this section, the State of Hawaii and its political subdivisions, as the case may be, shall succeed to the title of the Territory of Hawaii and its subdivisions in those lands and other properties in which the Territory and its subdivisions now hold title.

"(b) Except as provided in subsection (c) and (d) of this section, the United States grants to the State of Hawaii, effective upon its admission into the Union, the United States' title to all the public lands and other public property, and to all lands defined as "available lands" by section 203 of the Hawaiian Homes Commission Act, 1920, as amended, within the boundaries of the State of Hawaii, title to which is held by the United States immediately prior to its admission into the Union. The grant hereby made shall be in lieu of any and all grants provided for new States by provisions of law other than this Act, and such grants shall not extend to the State of Hawaii.

"(c) Any lands and other properties that, on the date Hawaii is admitted into the Union, are set aside pursuant to law for the use of the United States under any (1) Act of Congress, (2) Executive order, (3) proclamation of the President, or (4) proclamation of the Governor of Hawaii shall remain the property of the United States subject only to the limitations, if any, imposed under (1), (2), (3), or (4), as the case may be.

"(d) Any public lands or other public property that is conveyed to the State of Hawaii by subsection (b) of this section but that, immediately prior to the admission of said State into the Union, is controlled by the United States pursuant to permit, license, or permission, written or verbal, from the Territory of Hawaii or any department thereof may, at any time during the five years following the admission of Hawaii into the Union, be set aside by Act of Congress or by Executive order of the President, made pursuant to law, for the use of the United States, and the lands or property so set aside shall, subject only to valid rights then existing, be the property of the United States.

"(e) Within five years from the date Hawaii is admitted into the Union, each Federal agency having control over any land or property that is retained by the United States pursuant to subsections (c) and (d) of this section shall report to the President the facts regarding its continued need for such land or property, and if the President determines that the land or property is no longer needed by the United States it shall be conveyed to the State of Hawaii.

"(f) The lands granted to the State of Hawaii by subsection (b) of this section and public lands retained by the United States under subsections (c) and (d) and later conveyed to the State under subsection (e), together with the proceeds from the sale or other disposition of any such lands and the income therefrom, shall

be held by said State as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians, as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible for the making of public improvements, and for the provision of lands for public use. Such lands, proceeds, and income shall be managed and disposed of for one or more of the foregoing purposes in such manner as the constitution and laws of said State may provide, and their use for any other object shall constitute a breach of trust for which suit may be brought by the United States. The schools and other educational institutions supported, in whole or in part, out of such public trust shall forever remain under the exclusive control of said State; and no part of the proceeds or income from the lands granted under this Act shall be used for the support of any sectarian or denominational school, college, or university.

"(g) As used in this Act, the term 'lands and other properties' includes public lands and other public property, and the term 'public lands and other public property' means, and is limited to, the lands and properties that were ceded to the United States by the Republic of Hawaii under the joint resolution of annexation approved July 7, 1898 (30 Stat. 750), or that have been acquired in exchange for lands or properties so ceded.

"(h) All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Hawaii or its political subdivisions pursuant to subsection (a), (b), or (e) of this section or reserving the right to alter, amend, or repeal laws relating thereto shall cease to be effective upon the admission of the State of Hawaii into the Union.

"(1) The Submerged Lands Act of 1953 (Public Law 31, Eighty-third Congress, first session; 67 Stat. 29) and the Outer Continental Shelf Lands Act of 1953 (Public Law 212, Eighty-third Congress, first session, 67 Stat. 462) shall be applicable to the State of Hawaii, and the said State shall have the same rights as do existing States thereunder. (As amended Pub. L. 86-624, § 41, July 12, 1960, 74 Stat. 422.)

"Sec. 6. [Certification by President; proclamation for elections.] As soon as possible after the enactment of this Act, it shall be the duty of the President of the United States to certify such fact to the Governor of the Territory of Hawaii. Thereupon the Governor of the Territory shall, within thirty days after receipt of the official notification of such approval, issue his proclamation for the elections, as hereinafter provided, for officers of all State elective offices provided for by the constitution of the proposed State of Hawaii, and for two Senators and one Representative in Congress. In the first election of Senators from said State the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No identification or designation of either of the two senatorial offices, however, shall refer to or be taken to refer to the term of that office, nor shall any such identification or designation in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned.

"Sec. 7. [Election of officers; date; propositions; certification of voting results; proclamation by President.] (a) The proclamation of the Governor of Hawaii required by section 6 shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in section 6 shall be chosen by the people. Such elections shall be held, and the qualifications of voters thereat shall be, as prescribed by the constitution of the proposed State of Hawaii for the election of members of the proposed State legislature. The returns thereof shall be made and certified in such manner as the constitution of the proposed State of Hawaii may prescribe. The Governor of Hawall shall certify the results of said elections, as so ascertained, to the President of the United States.

"(b) At an election designated by proclamation of the Governor of Hawaii, which may be either the primary or the general election held pursuant to subsection (a) of this section, or a Territorial general election, or a special

election, there shall be submitted to the electors qualified to vote in said election, for adoption or rejection, the following propositions:

"(1) Shall Hawaii immediately be admitted into the Union as a State?

"(2) The boundaries of the State of Hawaii shall be as prescribed in the Act of Congress approved and all claims of this State

(Date of approval of this Act)

to any areas of land or sea outside the boundaries so prescribed are hereby irrevocably relinquished to the United States.

"'(3) All provisions of the Act of Congress approved reserving rights or powers

(Date of approval of this Act) to the United States, as well as those prescribing the terms or conditions of the grants of lands or other property therein made to the State of Hawaii are consented to fully by said State and its people.'

"In the event the foregoing propositions are adopted at said election by a majority of the legal votes cast on said State of Hawaii, ratified by the people at the election held submission, the proposed constitution of the proposed on November 7, 1950, shall be deemed amended as follows: Section 1 of article XIII of said proposed constitution shall be deemed amended so as to contain the language of section 2 of this Act in lieu of any other language; article XI shall be deemed to include the provisions of section 4 of this Act; and section 8 of article XIV shall be deemed amended so as to contain the language of the third proposition above stated in lieu of any other language, and section 10 of article XVI shall be deemed amended by inserting the words 'at which officers for all state elective offices provided for by this constitution and two Senators and one Representative in Congress shall be nominated and elected' in lieu of the words 'at which officers for all state elective offices provided for by this constitution shall be nominated and elected; but the officers so to be elected shall in any event include two Senators and two Representatives to the Congress, and unless and until otherwise required by law, said Representatives shall be elected at large.'

"In the event the foregoing propositions are not adopted at said election by a majority of the legal votes cast on said submission, the provisions of this Act shall cease to be effective.

"The Governor of Hawaii is hereby authorized and directed to take such action as may be necessary or appropriate to insure the submission of said propositions to the people. The return of the votes cast on said propositions shall be made by the election officers directly to the Secretary of Hawaii, who shall certify the results of the submission to the Governor. The Governor shall certify the results of said submission, as so ascertained, to the President of the United States.

"(c) If the President shall find that the propositions set forth in the preceding subsection have been duly adopted by the people of Hawail, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 6 of this Act, shall thereupon issue his proclamation announcing the results of said election as so ascertained. Upon the issuance of said proclamation by the President, the State of Hawaii shall be deemed admitted into the Union as provided in section 1 of this Act.

"Until the said State is so admitted into the Union, the persons holding legislative, executive, and judicial office in, under, or by authority of the government of said Territory, and the Delegate in Congress thereof, shall continue to discharge the duties of their respective offices. Upon the issuance of said proclamation by the President of the United States and the admission of the State of Hawaii into the Union, the officers elected at said election, and qualified under the provisions of the constitution and laws of said State, shall proceed to exercise all the functions pertaining to their offices in, under, or by authority of the government of said State, and officers not required to be elected at said initial election shall be selected or continued in office as provided by the constitution and laws of said State. The Governor of said State shall certify the election of the Senators and Representative in the manner required by law, and the said Senators and Representative shall be entitled to be

admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States.

The

"Sec. 8. [House of Representatives membership.] State of Hawaii upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law: Provided, That such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C., sec. 2a), for the Eighty-third Congress and each Congress thereafter.

"Sec. 9. [Judiciary provisions; amendment.] Effective upon the admission of the State of Hawail into the Union

"(a) the United States District Court for the District of Hawaii established by and existing under title 28 of the United States Code shall thenceforth be a court of the United States with judicial power derived from article III, section 1, of the Constitution of the United States: Provided, however, That the terms of office of the district judges for the district of Hawaii then in office shall terminate upon the effective date of this section and the President, pursuant to sections 133 and 134 of title 28, United States Code, as amended by this Act, shall appoint, by and with the advice and consent of the Senate, two district judges for the said district who shall hold office during good behavior; "(b) the last paragraph of section 133 of title 28, United States Code, is repealed; and

"(c) subsection (a) of section 134 of title 28, United States Code, is amended by striking out the words 'Hawaii and'. The second sentence of the same section is amended by striking out the words 'Hawaii and', 'six and', and 'respectively'.

Effective

"Sec. 10. [Judicial provisions; amendment.] upon the admission of the State of Hawaii into the Union the second paragraph of section 451 of title 28, United States Code, is amended by striking out the words "including the district courts of the United States for the districts of Hawaii and Puerto Rico,' and inserting in lieu thereof the words 'including the United States District for the District of Puerto Rico,'.

"Sec. 11. [Judicial provisions; amendment.] Effective upon the admission of the State of Hawaii into the Union

"(a) the last pargaraph of section 501 of title 28. United States Code, is repealed;

"(b) the first sentence of subsection (a) of section 504 of title 28, United States Code, is amended by striking out at the end thereof the words ', except in the district of Hawaii, where the term shall be six years';

"(c) the first sentence of subsection (c) of section 541 of title 28, United States Code, is amended by striking out at the end thereof the words ', except in the district of Hawaii where the term shall be six years'; and

"(d) subsection (d) of section 541 of title 28, United States Code, is repealed.

"Sec. 12. [Continuation of suits.] No writ, action, indictment, cause, or proceeding pending in any court of the Territory of Hawaii or in the United States District Court for the District of Hawaii shall abate by reason of the admission of said State into the Union, but the same shall be transferred to and proceeded with in such appropriate State courts as shall be established under the constitution of said State, or shall continue in the United States District Court for the District of Hawaii, as the nature of the case may require. And no writ, action, indictment, cause or proceeding shall abate by reason of any change in the courts, but shall be proceeded with in the State or United States courts according to the laws thereof, respectively. And the appropriate State courts shall be the successors of the courts of the Territory as to all cases arising within the limits embraced within the jurisdiction of such courts, respectively, with full power