48 U.S.C. § 1971: Transfer of surplus personal…

Summary

All U.S. and Trust Territory ownership of personal property in the Trust Territory of the Pacific Islands must be handed over at no cost to the governments of the Northern Mariana Islands, Palau, the Marshall Islands, or the Federated States of Micronesia. The High Commissioner will make a list saying which government gets which items after talking with the receiving government. Transfers must happen within 90 days after the trusteeship agreement ends and must respect any existing legal rights and the rule below. The property will only be given away after the High Commissioner says it is surplus to the Trust Territory government’s needs. If a U.S. agency still manages the property, that agency head must approve the surplus decision. If Palau did not have a government able to receive ownership on December 24, 1980, the Trust Territory government must hold that property in trust until Palau’s government is formed.

Title 48, §1971

Territories and Insular Possessions, Source: USLM XML via OLRC

(a)Transfer to Northern Mariana Islands, Palau, Marshall Islands, and Federated States of Micronesia

Notwithstanding any other provision of law, subject to valid existing rights, and subject to subsection (b) of this section, all right, title, and interest of the Government of the United States in personal property situated in the Trust Territory of the Pacific Islands and of the government of the Trust Territory of the Pacific Islands in personal property wherever located shall be transferred, without reimbursement, by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands, to the government of the Northern Mariana Islands, Palau, the Marshall Islands, or the Federated States of Micronesia according to a list of distribution established by the High Commissioner of the Trust Territory of the Pacific Islands in consultation with the recipient government.

(b)Declaration that property is surplus

Personal property referred to in subsection (a) of this section shall be transferred upon declaration by the High Commissioner of the Trust Territory of the Pacific Islands that such property is surplus to the needs of the government of the Trust Territory of the Pacific Islands, which declaration shall be approved, if applicable, by the head of the agency of the Government of the United States having administrative responsibility for the property.

(c)Property held in trust

If no government exists in Palau on December 24, 1980, that is capable of receiving title to such property in its own name, the government of the Trust Territory of the Pacific Islands shall hold such property in trust for the prospective government of Palau until such government is established.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly set out as a note under section 1681 of this title.

Amendments

1982—Subsec. (a). Pub. L. 97–357, substituted “by a date not later than ninety days following termination of the trusteeship agreement governing the administration of the Trust Territory of the Pacific Islands,” for “by October 1, 1982,”.

Executive Documents

Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of this title.

§1971 Transfer of Surplus Personal Property Owned by United States